If you’ve been the victim of a violent crime, you may be eligible to receive compensation through the Criminal Injuries Compensation Scheme (CICS).
Administered by the Criminal Injuries Compensation Authority (CICA), this scheme is designed to help victims of violent crime recover from the financial impact caused by injuries, loss of earnings, or emotional trauma.
Whether you’ve sustained physical injuries, experienced mental health trauma, or lost a loved one due to violence, you can apply for compensation to help with the financial burden.
This guide will walk you through the entire process of making such a compensation claim, outlining key eligibility criteria, required evidence, and time limits to ensure you have the best chance of receiving support.
Table of Contents
What is the Criminal Injuries Compensation Scheme?
Explanation of the Scheme’s Purpose:
The Criminal Injuries Compensation Scheme is a government-backed program in the UK designed to offer financial relief to victims of violent crime. The Criminal Injuries Compensation Authority (CICA) administers the scheme, deciding who is eligible and the amount of compensation based on the severity of the injuries.
The purpose of this scheme is not to replace justice or punishment for criminals but to acknowledge the suffering of victims who have been harmed due to violent crimes. Whether you’ve been physically or mentally affected, the scheme aims to assist in covering the financial and emotional toll caused by such incidents.
Who is Eligible for the Scheme?
To qualify for compensation under the Scheme, the victim must have suffered an injury from a violent crime that occurred in Great Britain. This could include incidents like assault, robbery, or sexual abuse. Additionally, applicants must meet various eligibility criteria, such as residency and timely reporting of the crime. We’ll explore these criteria in more detail later in the guide.
What Payments Are Available from the Scheme?
Overview of Financial Support:
The Criminal Injuries Compensation Scheme provides financial support for victims of violent crime by offering several types of payments. These payments aim to cover the wide-ranging effects of the crime, including physical injuries, mental health injuries, loss of earnings, and, in some cases, funeral expenses for those who have lost a loved one.
However, it’s essential to remember that while these payments serve as a form of financial relief, no amount of money can fully make up for the suffering caused by a violent crime. Instead, the aim is to help victims cope with the consequences of their injuries.
Types of Payments Available:
- Physical injury compensation – Covers injuries like broken bones, cuts, bruises, and more serious conditions such as paralysis.
- Mental injury compensation – If the trauma from the incident affects your emotional well-being, you could be eligible for compensation for mental distress.
- Loss of earnings due to injury – If your injury prevents you from working, the Scheme can offer loss of earnings support, especially if you’re unable to work for an extended period.
- Special expenses – This covers the cost of medical treatment, rehabilitation, and aids like wheelchairs, hearing aids, or prosthetics.
- Bereavement payments – If a loved one dies due to a violent crime, bereavement payments can be made to surviving family members, such as spouses, children, or dependent relatives.
Time Limits for Applying
What is the Time Limit for Applications?
The general time limit for applying for compensation is two years from the date of the incident. However, there are exceptions to this rule. If, due to exceptional circumstances like mental health issues, you couldn’t apply earlier, the CICA may extend this time limit.
How to Apply After the Time Limit Expires?
If more than two years have passed since the incident, you will need to provide evidence explaining why you couldn’t apply within the regular timeframe. The evidence must be substantial and persuasive enough to justify your late application.
Time Limit for Applicants Under 18 Years of Age on the Date of the Incident
For victims under 18 years of age, the rules are slightly different. The application must be received by their 20th birthday if the crime was reported to the police before they turned 18. However, if the crime was reported after the individual’s 18th birthday, the regular two-year time limit applies.
What is the Same Roof Rule?
How Does the Same Roof Rule Impact Your Application?
The Same Roof Rule was a significant barrier for many applicants, particularly those who lived with their assailant. This rule applied to incidents between 1964 and 1979 and prevented victims from claiming compensation if they were living with the person who caused their injury.
However, the Same Roof Rule was removed in 2019, allowing individuals who were previously excluded to apply for compensation.
Eligibility Requirements
What Are the Key Eligibility Criteria for the Scheme?
The key eligibility requirements for the Criminal Injuries Compensation Scheme include:
- You must have been a victim of a violent crime in Great Britain.
- You must have sustained physical or mental injuries as a result of the crime.
- Cooperation with the CICA and law enforcement is mandatory.
- You must meet specific residency criteria.
Who is Considered a Direct Victim of a Crime of Violence?
A direct victim refers to anyone who has sustained injuries from a violent crime, whether physical or mental. This includes those harmed by assault, robbery, sexual abuse, and even those who have witnessed a violent crime or its immediate aftermath.
What if You Were Injured While Taking an Exceptional and Justified Risk?
Situations in which compensation can still be applied despite risky behaviour:
If you were injured while trying to prevent a crime or apprehend a suspect, you may still be eligible for compensation, even if the behaviour was risky. However, the CICA will only grant compensation if the risk you took was exceptional and justified by the circumstances.
Are You Eligible if You Were Present at and Witnessed an Incident or Its Immediate Aftermath?
Witnesses and bystanders—how they qualify for claims:
If you were present at the scene of a violent crime or witnessed the aftermath, you could be eligible for mental injury compensation. The trauma from witnessing the event or helping those involved may have caused you disabling mental distress, making you eligible for a claim.
Read more: Understanding the Personal Injury Claims Process in the UK: A Step-by-Step Guide
Nationality and Residency Criteria for Applicants
Who can apply based on nationality and residency status?
You must be ordinarily resident in the UK to apply. If you were outside the UK at the time of the incident, you may still be eligible if certain conditions are met. These include having close connections to the UK or meeting specific residency rules outlined by the CICA.
Why is Reporting the Incident to the Police Essential?
How Does the Police Report Impact Your Compensation Claim?
Reporting the violent crime to the police is a fundamental requirement for making a claim. The police report serves as the official record of the incident, and the CICA will rely on this to verify your claim. Without it, your application may be rejected.
What Happens if You Didn’t Report to the Police?
If you did not report the crime promptly, it could delay your claim. You will need to explain the reason for the delay, and the CICA will consider your explanation when deciding on your application.
Do You Need to Cooperate in Bringing an Assailant to Justice?
How Does Cooperation Affect Your Claim?
While it is not necessary for the offender to be convicted in order for you to receive compensation, the Criminal Injuries Compensation Scheme does require you to cooperate with law enforcement as much as possible.
This includes providing any available information or assistance that could help identify the assailant or bring them to justice. Your cooperation with CICA may also be considered, as failure to assist could impact your eligibility or the amount of compensation awarded.
What Are Your Responsibilities During the Process?
What Are Your Obligations as a Claimant?
As a claimant, it is essential that you provide accurate and truthful information throughout the entire process. This includes providing medical records, police reports, and any other relevant documentation that supports your case.
Attending medical examinations and cooperating with CICA are crucial to ensure the smooth processing of your claim. If you fail to comply with these obligations, your claim may be delayed or even rejected.
How Does Your Criminal Record Affect Your Claim?
An unspent criminal conviction could impact your claim, especially if it’s related to the incident. Under the Scheme, certain convictions may result in a reduction or refusal of compensation.
For example, if your criminal record includes offences related to violence or drug abuse, it could affect your eligibility. The CICA assesses each case on its own merits, and the severity of the conviction plays a crucial role in the decision-making process.
How to Apply for a Criminal Injuries Compensation Claim
What Is the Step-by-Step Process for Making a Claim?
Applying for compensation under the Criminal Injuries Compensation Scheme is relatively straightforward but requires detailed documentation. First, complete the online application form on the CICA website, providing all necessary evidence such as medical reports, police records, and any other relevant documents.
Once submitted, CICA will process your claim, which can take up to a year, depending on the complexity of your case. It’s important to ensure that all details are accurate and that you’ve included all required evidence to avoid delays.
Read more: What’s the Common Assault Definition? Legal Breakdown
What to Do if You Were Injured in England, Wales, or Scotland?
Differences in the Process for Applicants Based in Different Regions:
While the process for applying to the Criminal Injuries Compensation Scheme is generally the same across the UK, there are some regional differences, particularly between Scotland and the rest of the UK.
For example, Scotland has specific legal frameworks and eligibility criteria that differ slightly from those in England and Wales. If you were injured in Scotland, the rules for determining eligibility and assessing the claim may vary, so it’s important to ensure you are familiar with the relevant regulations.
How Is the Amount of Your Claim Calculated?
How Does the Scheme Calculate Reductions Based on Your Circumstances?
The CICA calculates the amount of your claim using a tariff system based on the severity of your injury. This system assigns a set value to different types of injuries, with more severe injuries receiving a higher compensation amount.
However, the Scheme also considers other factors that may reduce the payout, such as your criminal record, your conduct during the incident, and whether the injury was aggravated by your actions.
Injury Payments: What’s Included in Your Compensation?
What Happens If You Have More Than One Injury?
If you suffer from multiple injuries, the Scheme calculates compensation based on the severity of each injury. The most serious injury is awarded 100% of the tariff value, while the second most serious injury receives 30%, and any additional injuries are compensated at 15% of the tariff value.
However, compensation for more than three injuries is generally not allowed, although additional payments can be made in specific cases, such as if you contract a sexually transmitted disease due to the crime.
Will You Receive Loss of Earnings Payments?
If your injuries prevent you from working, you may be entitled to loss of earnings payments. These payments are available if you are unable to work for an extended period or if your capacity to work is severely restricted.
The amount is typically calculated based on your previous earnings, and you will need to provide evidence, such as pay slips or employment contracts, to substantiate your claim.
What Are Special Expenses?
Special expenses cover costs directly related to your injury, such as medical treatment, rehabilitation costs, and the purchase of physical aids like wheelchairs or prosthetics.
If you’ve had to adapt your home to accommodate a physical disability caused by your injury, you may also qualify for special expenses. These costs are designed to help you regain independence and manage your daily life after the trauma.
Read more: Criminal Solicitors: Your First Step After an Arrest
What Happens if You Suffer a Bereavement as a Result of a Crime of Violence?
Who Qualifies as a Dependent Relative for a Bereavement Claim?
If you’ve lost a loved one due to a violent crime, you may be eligible for bereavement payments. Spouses, children, and financial dependents of the deceased are typically eligible. However, the deceased must have been a victim of a violent crime in Great Britain, and the applicant must prove they were dependent on the deceased for emotional, financial, or physical support.
Are Funeral Payments Included?
The Criminal Injuries Compensation Scheme offers funeral payments for the families of victims who have died due to violent crimes. A flat rate of £2,500 is available for funeral costs, with an additional £2,500 available in some cases if the funeral expenses exceed the standard rate. This payment is designed to help families manage the financial burden of the funeral.
Can You Claim if Someone Dies from Injuries at a Later Date?
Yes, if a person dies from injuries sustained in a violent crime, qualifying relatives may still apply for compensation. The death must be directly linked to the injuries caused by the crime, and the amount of compensation will be based on the degree of financial dependency or the relationship between the deceased and the claimant.
How to Apply for a Payment on Behalf of Children
What is the Process for Applying on Behalf of Minor Victims?
If a child has been injured or if the claim is for a bereavement payment, parents or guardians can apply on their behalf. The process is similar to applying as an adult, but the claimant must provide proof of their parental responsibility. The application should include all necessary medical evidence, police reports, and details of the injury or death.
Do You Need Help to Make Your Claim?
Free Independent Advice – Where Can You Get It?
There are several charities and local support organisations that offer free advice for victims of violent crime. Many of these organisations specialise in helping victims navigate the Criminal Injuries Compensation Scheme and can assist with filling out application forms, gathering evidence, and understanding the process. The Victim Support charity is one such organisation that provides extensive resources and support.
Paid Representation – When Is It Necessary?
While legal representation is not required to make a claim, you may choose to hire a lawyer or claims advisor if your case is particularly complex. For example, if you are appealing a decision or if your claim involves multiple injuries or complex medical evidence, a legal expert could help ensure that your claim is handled properly. Be mindful that legal fees must be covered by you, as CICA does not pay for legal representation.
Conclusion
In conclusion, the Criminal Injuries Compensation Scheme offers vital support to victims of violent crime, helping them recover both financially and emotionally. Understanding your eligibility, gathering the right evidence, and adhering to time limits are crucial for a successful claim.
If you’re unsure about the process or need expert assistance, Cooper Hall Solicitors is here to help. With years of experience in handling compensation claims, our team provides personalised support to guide you through every step.
Whether you need legal advice or help with application submissions, Cooper Hall Solicitors offers trusted expertise, ensuring that your claim is handled efficiently and effectively. Contact us today for a free consultation and take the first step toward securing the compensation you deserve.
GET IN TOUCH
