National Assistance (Assessment of Resources) Regulations 1992 amendments - Windrush Compensation Scheme: equality impact assessment
Equality impact assessment (EQIA) for the amendments to the National Assistance (Assessment of Resources) Regulations 1992 in respect of the Windrush Compensation Scheme.
Stage 2: Data and evidence gathering, involvement and consultation
Include here the results of your evidence gathering (including framing exercise), including qualitative and quantitative data and the source of that information, whether national statistics, surveys or consultations with relevant equality groups.
Characteristic[7]: Age
Evidence gathered and strength/quality of evidence:
In Scotland, on 31 March 2022, residents in care homes for older people accounted for 92% of residents in all care homes for adults (30,552 out of 33,352).
Of the 3618 claims to the Scheme so far 2662 of the claims come from people aged 55 or older, as at February 2022.
In the UK, given that males over 50 are more likely to have a criminal record (33%), there may be more of an impact for the largest age group applying to the Scheme.
A survey of prisoners in Scotland reported in 2019 that the factors contributing to offending behaviour include:
- Mental Health 27%
- Unemployment 16%
- Financial Difficulties 15%
- Lack of Support in the Community 14%
If the older people applying to the scheme have been deprived of jobs, not been believed in their immigration status, and had lacked the support of the wider community, they may have increased their chances of living in poverty and entering the criminal justice system.
Sources:
Care home Census for Adults in Scotland Statistics for 2012 to 2022
Windrush Compensation Scheme: Equality Impact Assessment
Scottish Prison Service 17th Prisoner Survey 2019
Data gaps identified and action taken:
No specific data on age are available, however, related data is available that assumptions can be made from.
Characteristic: Disability
Evidence gathered and strength/quality of evidence:
No information is available on the number of disabled people likely to be affected by the amendment.
It is estimated that in 2013/14, at age 60-64 a little under 30% of older adults are disabled but this doubles to around 60% for those aged 80 and over.
In Scotland between 2017-20, the poverty rate after housing costs for people in households with a disabled person was 23% (500,000 people each year). This compares with 17% (540,000 people) in a household without disabled household members.
Sources:
Data gaps identified and action taken:
No specific data on being disabled are available, however, related data is available that assumptions can be made from.
Characteristic: Sex
Evidence gathered and strength/quality of evidence:
No information is available on the number of people from each sex likely to be affected by the amendment.
Of the 3618 claims to the Scheme so far 2008 were male and 1606 were female, with four being unknown, as at February 2022.
In the UK, males over 50 are more likely to have a criminal record (33%).
In Scotland in 2019, 93% of the prison population were male.
This makes it more likely that males may not be able to claim the payment if they have a serious criminal conviction.
It is possible that women may find it more difficult to evidence their loss of access to employment if they have had breaks in their career history potentially as a result of caring responsibilities (for example, career breaks, part time working, temporary or insecure work). This is because women are more likely to be the primary caregivers within the family unit.
Sources:
- Windrush Compensation Scheme: Equality Impact Assessment
- Scottish Prison Service 17th Prisoner Survey 2019
Data gaps identified and action taken:
No specific data on sex is available, however, related data is available that assumptions can be made from.
Characteristic: Pregnancy and Maternity
Evidence gathered and Strength / quality of evidence:
No information is available on the pregnancy or maternity of people likely to be affected by the amendment.
Sources: Non-applicable.
Data gaps identified and action taken:
No specific data on the pregnancy and maternity status of applicants is available.
Characteristic: Gender Reassignment
Evidence gathered and Strength / quality of evidence: No information is available on the gender reassignment status of people likely to be affected by the amendment.
Sources: Non-applicable.
Data gaps identified and action taken:
No specific data on the gender reassignment status of applicants is available.
Characteristic: Sexual orientation
Evidence gathered and Strength / quality of evidence:
No information is available on the sexual orientation of people likely to be affected by the amendment.
Sources: Non-applicable.
Data gaps identified and action taken:
No specific data on the sexual orientation of applicants is available.
Characteristic: Race
Evidence gathered and Strength / quality of evidence:
No information is available on the race of people likely to be affected by the amendment.
The 2011 census there were estimated to be 524,000 Commonwealth-born people living in the UK who arrived before 1971, and 57,000 of them self-report as not being UK citizens.
The breakdown of the nationality listed on the claims at February 2022 is:
- United Kingdom 2756
- Jamaica 358
- Nigeria 101
- Barbados 32
- United States 35
- United Kingdom 2756
- Jamaica 358
- Nigeria 101
- Barbados 32
- United States 35
- Ghana 31
- India 28
- Bangladesh 26
- Trinidad and Tobago 21
- Others 230
- Total 3618
Presumably, the UK-listed applicants were the family of the original immigrant.
In the 2011 Scottish census, the number of people identifying themselves as Caribbean, Caribbean Scottish or Caribbean British was 3,430, with a further 730 categorising themselves as Other Caribbean or Black.
The number of people who recorded their ethnic group as Asian, Asian Scottish or Asian British: Indian, Indian Scottish or Indian British was 32,706; most of whom will not be eligible for this compensation Scheme.
The number of people who recorded their ethnic group as Asian, Asian Scottish or Asian British: Bangladeshi, Bangladeshi Scottish or Bangladeshi British was 3,788; most of whom will not be eligible for this compensation Scheme.
The number of people recorded as African is 29,638; most of whom will not be eligible for this compensation Scheme.
According to the UK Ministry of Justice’s statistics in 2016/17, compared with the White ethnic group, arrests proportionate to population size were more likely to be carried out on the Black (three and half times more likely) and Mixed (twice as likely) ethnic groups.
Data published by DWP on Household Income in 2018 showed that 33% of Mixed households and 35% of Black households had a weekly income of less than £400, the highest percentages out of all ethnic groups in this income group.
Sources:
- Office of National Statistics
- 2011 Census Scotland
- Windrush Compensation Scheme: Equality Impact Assessment
Data gaps identified and action taken:
No specific data on the race of applicants living in Scotland is available, however, related data is available that assumptions can be made from.
Characteristic: Religion or Belief
Evidence gathered and Strength / quality of evidence:
No information is available on the religion or belief of people likely to be affected by the amendment.
Those most likely to benefit from the compensation Scheme will be from the Caribbean and because the Commonwealth Caribbean countries are predominantly Christian because of their history, many of those who benefit will be actual or nominal Christians.
Sources:
Windrush Compensation Scheme: Equality Impact Assessment
Data gaps identified and action taken:
No specific data on the religion or beliefs of applicants is available, however, related data is available from which assumptions can be made.
Characteristic: Marriage and Civil Partnership
The Scottish Government does not require assessment against this protected characteristic unless the policy or practice relates to work, for example, HR policies and practices. Refer to Definitions of Protected Characteristics document for details.
Evidence gathered and Strength / quality of evidence:
This Protected Characteristic is not relevant to this assessment.
Sources: Non-applicable.
Data gaps identified and action taken:
This Protected Characteristic is not relevant to this assessment.
Contact
Email: SocialCareCharging@gov.scot
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