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Guide to Criminal Injury Compensation Payments and Time Limits To Claim – 2019 Update

Guide to Criminal Injury Compensation Payments and Time Limits To Claim – 2019 Update

December 13, 2018 4:42 am0 comments

The Criminal Injuries Compensation Scheme was set in place to provide financial support to people who were victims of distressing crimes, sexual assault or abuse that left them injured through no fault of their own whether mentally or psychologically. To find out more about what payments are available under the Criminal Injury Compensation Scheme, please read on.

Payments Available Under the Scheme

CICA (the Criminal Injury Compensation Authority) would consider any claims that you file for the following:

  • You were the victim of a violent crime that resulted in mental or physical injuries
  • You were the victim of physical or sexual abuse
  • You suffered loss of earnings and future earnings because the injuries sustained meant you were unable to work, or you were unable to work at full capacity
  • Your claim includes “special expenses payment” which cover the costs you incurred as a direct result of the incident that left you injured. It is worth noting that you would only be entitled to include “special expenses” if you were unable to work and your losses lasted longer than 28 weeks
  • A crime of violence resulted in a fatality which would entitle you to bereavement payments, funeral payments and payments for loss of parental services as well as financial dependency

It is also worth noting that not all claims filed through the Criminal Injury Compensation Scheme would be successful unless it can be proved that a person is entitled to make a payment claim having met the criteria required under the Scheme.

How to Apply for a Payment Under the Scheme

The Criminal Injury Compensation Scheme was set up as a “last resort” method of receiving a payment if you were the victim of a crime. As such, if there is any other way of pursuing compensation, you would be encouraged to do so. The Criminal Injury Compensation Authority (CICA) would expect you to have done your best to seek damages and compensation you may be entitled to receive through other channels before filing a claim through the Scheme. With this in mind you could be asked the following:

  • Whether you sought compensation directly from your assailant and whether there was a good chance your claim would be successful
  • Whether you sought compensation and damages directly from an employer and whether you would be entitled to benefits and other insurance entitlements

It is also worth noting that you must keep CICA informed of all claims that you file against a third party and that the authority would not come to a decision until they are completely satisfied that you have met the criteria to file a claim through the Scheme having pursued all other routes before doing so. With this said, because there is a time limit involved, whether you are seeking damages and compensation through other routes, you should  always file a claim through the Scheme as early as possible and that you could be entitled to do so whether an assailant was not convicted of the crime or that they were not known to the authorities.

Criminal Injuries CICA Free Advice On Payouts Criminal Injuries CICA Free Advice On Payouts

Time Limits Associated with Payments Under the Scheme

You should always file a claim for compensation through the Scheme as early as possible because there is a time limit that must be adhered to. Claims must not be filed “later than 2 years” following the date you were the victim of a crime. CICA would only agree to extend the time limit for the following reasons:

  • There exists exceptional circumstances that prevent you from filing a payment claim any earlier and that you can provide evidence to prove this

CICA would base their decision on the “balance of probabilities” rather than on the basis of “beyond reasonable doubt” which applies to cases held before a criminal court. The authority does not need to see the outcome of a criminal court for a decision to be made, providing there is enough information available.

The time limit for anyone under 18 years old is more flexible, but if you are under 18 and you have been the victim of a violent crime, you should still file a claim for a payment as soon as possible following the date you were injured. A parent can file the claim on your behalf should you be unable to do so yourself.

Should a period of abuse or incident have been reported to the police prior to you having turned 18 years of age and a claim was no claim was filed on your behalf, you would be entitled to make a claim through the Scheme right up to your 20th birthday. If the incident was not reported to the police, you would be entitled to file a claim through the Scheme within 2 years of the incident or abuse being reported to the police. With this said, you must provide supporting evidence in order to do so. Any extensions to the time limits would need to be accompanied with enough evidence showing why you were unable to file a claim any earlier.

Do You Need Help Submitting Your CICA Form?

If you need help submitting your Criminal Injuries Compensation form, LegalExperts.co.uk have years of experience in handling successful criminal injury claims for clients in the past. You can be assured that all the relevant information needed would be gathered and submitted in a timely fashion to the Criminal Injuries Compensation Authority which includes proof of your identity. residency, medical records of your injuries and police reports of the incident that left you injured. A legal expert would handle your CICA claim from start to finish ensuring that you receive the compensation you deserve having been a victim of abuse, a sexual assault or violent crime.

Download your CICA form here: