A report in Britain's Guardian newspaper says in response to the threat of legal action, officials have stated in internal documents, that regulations will be introduced in due course to ensure those currently receiving means-tested benefits do not lose out on them if they get compensation payouts over the Home Office's hostile environment rules.
However, despite the documents seen by the Guardian, no new regulations have yet been published, meaning continued uncertainty for those who might be affected.
Lawyers have expressed concern that people from the Windrush generation entitled to compensation because of their treatment by the Home Office could be punished twice under the current benefit rules and have called for the government to announce the changes publicly.
As the current rules stand, some could lose means-tested benefits payments if they benefit from the Windrush compensation scheme announced in April.
Home Office officials claim at least 15,000 individuals may have a right to compensation for being wrongly deported, forced out of their job or losing access to benefits.
The move comes almost a year after the Home Secretary vowed to do right by the Windrush generation – who arrived in Britain between 1948 and 1973.
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