- Miscarriage of justice victims will no longer have their compensation counted when applying for benefits.
- New legislation will unlock vital support for those victims, helping them back on their feet.
- Comes alongside boost to amount victims will be able to receive in compensation payments.
- Justice for the wrongly convicted vital to Government’s ambition to restore trust in the system as part of Plan for Change.
The change ensures that awarded compensation will no longer be taken into account when applying for means-tested benefits – such as Universal Credit, Pension Credit and Housing Benefit.
Until now, compensation for miscarriage of justice cases pushed some people over the savings limit for claiming certain benefits, leaving them ineligible for much-needed help.
To restore trust and fairness to our systems as part of the Plan for Change, the government is acting to ensure victims receive the support they deserve to rebuild their lives.
It comes after a campaign for rule changes to unlock benefit entitlement for those who have received miscarriage of justice compensation payments.
Minister for Social Security and Disability, Sir Stephen Timms MP, said:
Rebuilding trust in our systems begins by restoring trust with those the system has failed.
We can’t return the years lost by miscarriage of justice victims — but we can, and must, ensure they have every opportunity to restart their lives so they can make the most of the years ahead.
That’s why we’re bringing in this milestone legislation, and I encourage anyone who has received a miscarriage of justice compensation payment to come forward, so we can ensure they receive the help they are entitled to.
The move comes as part of wider government action to restore justice and build trust in public services.
In a boost for victims, the Ministry of Justice recently announced an uplift to the amount a miscarriage of justice victim will be able to receive in compensation by 30%, raising the maximum payout to £1.3 million for long-term wrongful imprisonment.
Minister for Victims and Violence Against Women and Girls, Alex Davies-Jones, said:
Miscarriages of justice steal irreplaceable time and devastate lives. Better benefit support combined with the uplift of the compensation cap will make a real difference, providing not just financial redress but rightfully deserved recognition to individuals affected.
We can’t turn back the clock, but I hope these changes go some way in making the future brighter than the past for those who have already lost so much.
It also follows similar legislation already in place to ensure compensation awarded to victims of the Infected Blood Scandal, Horizon Post Office scandal, and LGBT people dismissed from the Armed Forces, won’t affect their benefit entitlement.
Additional Information
- The benefit disregard will apply to all compensation payments paid via the United Kingdom Government and Devolved Governments compensation schemes for miscarriage of justice.
- The disregard scheme will exempt miscarriage of justice compensation payments when assessing eligibility for: income-based Jobseeker’s Allowance, income-related Employment and Support Allowance, Income Support, Housing Benefit, Pension Credit and Universal Credit.
- If you would like to know more about how this may affect you, or whether you may wish to consider making a claim to benefit, please see here.
