Benefits law change for miscarriage of justice victims comes into force

Victims of miscarriages of justice will no longer have their compensation counted when claiming benefits under a law change coming into force on Tuesday.

New rules will prevent wrongly convicted people being pushed over the savings limit for means-tested support because of the amount they received in payouts.

Until now, compensation for miscarriage of justice sometimes dragged people above the threshold for claiming certain welfare payments.

Under a legislative change taking effect from Tuesday, these payouts will now be exempted when assessing eligibility for: income-based jobseeker’s allowance, income-related employment and support allowance, income support, housing benefit, pension credit and universal credit.

Social security minister Sir Stephen Timms MP said the move was part of wider Government action aimed at “rebuilding trust in our systems”, which he said “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,” he said.

He encouraged anyone who has received miscarriage of justice compensation to “come forward, so we can ensure they receive the help they are entitled to”.

The law change comes after campaigners including Andrew Malkinson, who was wrongly convicted of rape, called for greater access to support for those like him whose names have been cleared.

Mr Malkinson, who was the victim of one of the worst miscarriages of justice in British legal history, has said while the new rule “ends a stark injustice”, further reforms are needed.

Speaking earlier this month, he said he was “intensely relieved” by the law change but would continue calling on the Government to lift the cap on legal compensation payments.

The Ministry of Justice is to raise the amount paid to people wrongly jailed for more than a decade to £1.3 million, but Mr Malkinson has described the proposed increase as “insulting”.

He has also spoken out against rules under which payouts are only awarded to people who can prove innocence beyond a reasonable doubt.

“I remain determined to challenge the completely unfair cap on compensation for the wrongfully convicted – and the ridiculous requirement that a person in my position be required to prove their innocence a second time to get compensated,” he said.

Published: 22/07/2025 by Radio NewsHub