If you were involved in an incident and would like to file for compensation under the Criminal Injuries Compensation Scheme 2012, there are specific criteria that must be met in order to do so. This guide walks you through what information is required and how the application process works. To find out more, please read on.
Proving Your Nationality and UK Residency
You would only be entitled to file a claim and receive a payment if you meet the criteria as detailed below.
You are “ordinarily” a resident of the UK which is dependent on several factors. These include the following:
- The amount of time you spend in the UK and how often you are in the country
- Why you are in the UK and the purpose of you being in the country
Any connections you have in the UK would also be taken into consideration, this includes relevant factors that would provide an entire picture of your status in the country. These are detailed below:
- Your family ties – which includes whether you have a spouse, a civil partner, children, other close family members who reside in the UK
- Your business ties – whether you own a business, or you are a director of a company/business in the UK, or whether you are employed which includes being “self-employed” in the UK
- Your property ties – whether you own, rent or lease a property where you reside when you are in the UK
You could have spent time abroad but retained your strong ties in the UK which includes your house/home and your job. Under the “Scheme”, you would still be deemed “ordinarily resident” in the country. An example being when you were out of the UK on holiday, visiting an overseas country for another reason or because you were studying abroad.
There are other ways that you may use to meet residency or nationality criteria that would allow you to file for a payment under the Scheme which are detailed below:
- That you are a British citizen no matter where you normally live
- You are a member of Her Majesty’s armed forces (as detailed in para 12 of the Scheme)
- You are an “accompanying” close relative to someone who serves in Her Majesty’s armed forces (as detailed in para 12 of the Scheme)
- You are a national of a member state of the EU (European Union) or the EEA (European Economic Area)
- You have the right to remain in the UK because you are a family member of someone who is an EU or EEA national – more information can be found here
- You were the victim of “human trafficking” providing you were identified as such by a “competent” UK authority – more information can be found at the UK Human Trafficking Centre and UK Visas and Immigration. It is worth noting that it is up to you to provide evidence that you were identified as a “victim”, and this must be carried out officially. If evidence has not been forthcoming when a claim is submitted, it would be “deferred”, and it is up to you to request for this to be done
- You are an asylum seeker – which must be done in accordance to the law under the Immigration Act 1971. However, you may be granted “temporary” protection or “humanitarian” protection. Again, if your status is not “confirmed” when submitting a claim, you should ask for your claim to be deferred until it is. More information can be found at the following link – Council of Europe Treaty Office website at www.conventions.coe.int/
It is worth noting that you would not be able to file for a payment under the Scheme if your injury occurred prior to August 1st, 1964.
The Application Process
As previously mentioned, it is your responsibility to provide all the “evidence” needed to prove your nationality and status in in the UK. The application process also requires that you prove the following:
- Medical evidence of your injury
- Evidence of loss of earnings and future earnings
The authorities may also collect the following before asking you to provide a medical report:
- Confirmation that the incident was reported to the police
- Confirmation provided by the police as well as witnesses to the incident that your behaviour was not a contributing factor to you being injured in the incident
- Confirmation provided by the police that you were wholly cooperative with them
Official Documents Required Under the Scheme
You would typically be able to send copies of any official documents needed to file a claim for a compensation payment under the Scheme. However, you may be asked to provide originals if there is any doubt as to the authenticity of any documents you provide.
Medical Evidence That is Required Under the Scheme
You would be required to provide medical evidence when filing for a payment under the Scheme which you could be asked to do through the Customer Portal found on the government website. You would have to pay for any costs that you may incur when providing medical evidence, but this should not be more that £50. Should the cost be more and you not be able to meet the payment, this may be paid by the government, but you would need to prove why you cannot pay the cost yourself and the amount paid would be deducted from your final settlement.
Proving Loss of Earnings
You would need to provide proof that you suffered loss of earnings due to being injured in an incident. This would mean providing pay slips or your P60 that covers the time immediately before your injury occurred. If you lost out on a formal job offer because you were injured, you would also need to provide evidence of this. If you are self-employed, you may be asked to provide tax returns or correspondence with HM Revenue and Customs which would prove you earn a regular wage.
Need Help Submitting Your CICA Form?
If you need help submitting your CICA claim, LegalExperts.co.uk pride themselves in managing criminal injury claims, so you receive the level of compensation you deserve having been the victim of a violent crime, a sexual assault or abuse. With years of experience handling successful CICA claims and always ensuring that the 2-year time limit is adhered to, LegalExpert can negotiate an extension to the time limit providing there is enough evidence to prove a good reason for a claim being filed later than it should have been.
Download your CICA form here:
Criminal Injury Compensation Form