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 3: Assessing the impacts and identifying opportunities to promote equality
Having considered the data and evidence you have gathered, this section requires you to consider the potential impacts – negative and positive – that your policy might have on each of the protected characteristics. It is important to remember the duty is also a positive one – that we must explore whether the policy offers the opportunity to promote equality and/or foster good relations.
Do you think that the policy impacts on people because of their age?
Eliminating unlawful discrimination, harassment and victimisation: Positive
Reasons for your decision:
This amendment may benefit older age group categories more than younger age group categories as the majority of applicants are likely to be older people. For many applicants it will vindicate their lived experience of discrimination, which may have previously not been believed or understood.
However, older people may struggle more to evidence their employment and loss from over 50 years ago.
Individuals of all age groups will be able to apply to the Windrush Compensation Scheme, as it is anticipated that the beneficiaries may also be family members of the people who originally immigrated, or who have since passed away will be able to apply.
Advancing equality of opportunity: Positive
Reasons for your decision:
The amendment proposed will ensure that people will retain the full value of any payment made via the Windrush Compensation Scheme if subject to charging for residential care and support. This will ensure equality of opportunity with those receiving payments who plan to live in residential care.
Promoting good relations among and between different age groups: Positive
Reasons for your decision:
Although it is likely to benefit older people more, individuals of all age groups are able to apply to the Windrush Compensation Scheme. It is anticipated that the beneficiaries of Windrush migrants will also be able to apply.
Younger family members may feel a stronger connection to their older loved ones who experienced the discrimination, and vindication of their loved ones’ lived experience of discrimination.
Do you think that the policy impacts disabled people?
Eliminating unlawful discrimination, harassment and victimisation: Positive
Reasons for your decision:
This amendment may benefit disabled people more than non-disabled people as it is more likely that a person using a care home has an impairment or long term health condition. For many applicants it will vindicate their lived experience of discrimination, which may have impacted their health and life chances, and which may have previously not been believed or understood.
Advancing equality of opportunity: Positive
Reasons for decision:
The amendment proposed will ensure that people will retain the full value of any payment made via the Windrush Compensation Scheme if subject to charging for residential care and support. This will ensure equality of opportunity with those receiving payments who plan to live in residential care.
As families with a disabled person are more likely to experience poverty, ensuring that the financial payments to a disabled applicant is disregarded will enable them to retain more of their income. This may be more pertinent if a person is disabled due to the discrimination, and as a result, has been financially disadvantaged in life.
Promoting good relations among and between disabled and non-disabled people: Positive.
Reasons for your decision:
Both disabled and non-disabled people will be able to apply to the Windrush Compensation Scheme. Beneficiaries of these immigrants will be able to apply. This disregard may have a positive effect on raising awareness of the experiences of people affected by discrimination as Windrush immigrants.
Do you think that the policy impacts on men and women in different ways?
Eliminating unlawful discrimination, harassment and victimisation: Positive.
Reasons for your decision:
In one aspect, this amendment may benefit women more than men as men are more likely to commit crimes, and this may exclude men from having successful applications.
For some women, it may be harder to evidence their employment records or loss of earnings if they spent some time out of the labour market for caring commitments or were excluded due to their sex.
Advancing equality of opportunity: Positive
Reasons for decision:
Individuals of both sexes are able to apply to the Windrush Compensation Scheme.
Promoting good relations between men and women: Positive.
Reasons for your decision:
Individuals of both sexes are able to apply to the Windrush Compensation Scheme.
Do you think that the policy impacts on women because of pregnancy and maternity?
Eliminating unlawful discrimination, harassment and victimisation: None.
Reasons for your decision:
The evidence is not available to make any analysis.
Advancing equality of opportunity: None.
Reasons for your decision:
The evidence is not available to make any analysis.
Promoting good relations: None
Reasons for your decision:
The evidence is not available to make any analysis.
Do you think your policy impacts on transsexual people?
Eliminating unlawful discrimination, harassment and victimisation: None.
Reasons for your decision: The evidence is not available to make any analysis.
Advancing equality of opportunity: None.
Reasons for your decision: The evidence is not available to make any analysis.
Promoting good relations: None
Reasons for your decision: The evidence is not available to make any analysis
Do you think that the policy impacts on people because of their sexual orientation?
Eliminating unlawful discrimination, harassment and victimisation: None.
Reasons for your decision: The evidence is not available to make any analysis.
Advancing equality of opportunity: None.
Reasons for your decision: The evidence is not available to make any analysis.
Promoting good relations: None.
Reasons for your decision: The evidence is not available to make any analysis.
Do you think the policy impacts on people on the grounds of their race?
Eliminating unlawful discrimination, harassment and victimisation: Positive.
Reasons for your decision:
This policy is likely to benefit individuals of black or minority ethnic ethnicity almost exclusively.
These applicants were subject to discrimination based on their immigration status, and may have been questioned more frequently due to their accents and skin colour than white immigrants from other commonwealth countries e.g. Australia. This would have impacted on employment and education opportunities, housing and justice.
This compensation recognises this discrimination and tries to make amends to people threatened with deportation, deported, and the families of those discriminated against.
For many applicants it will vindicate their lived experience of discrimination, which may have impacted their health and life chances, and for which may have preciously not been believed or understood.
Advancing equality of opportunity: Positive.
Reasons for your decision:
The amendment proposed will ensure that people will retain the full value of any payment made via the Windrush Compensation Scheme if subject to charging for residential care and support. This will ensure equality of opportunity with those receiving payments who plan to live in residential care who have been financially disadvantaged in life by the discrimination.
Promoting good race relations: Positive.
Reasons for your decision:
Individuals of all racial groups will be able to apply to the Windrush Compensation Scheme.
Do you think the policy impacts on people because of their religion or belief:
Eliminating unlawful discrimination, harassment and victimisation: None.
Reasons for your decision:
The evidence is not available to make any analysis. However, as most of the Commonwealth countries are predominantly Christian, it is unlikely that many applicants will have experienced discrimination due to their religion at the time of immigration.
Advancing equality of opportunity: None.
Reasons for your decision: The evidence is not available to make any analysis.
Promoting good relations: None.
Reasons for your decision: The evidence is not available to make any analysis.
Do you think the policy impacts on people because of their marriage or civil partnership[8]
Eliminating unlawful discrimination: None
Reasons for your decision:
This Protected Characteristic is not relevant to this assessment.
Contact
Email: SocialCareCharging@gov.scot
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