We have amended the wording of a heading in the guide so that it more accurately reflects the wording of paragraph 6 of the Criminal Injuries Compensation Scheme 2012. Edited 'Applying for a payment' - Customer Service Team opening times have changed. If you were the victim of any crime in Scotland or have been bereaved by a crime that occurred there, you may also be eligible for support under the Victims Fund. If you choose paid representation, we cannot meet the cost of this, and you will have to pay these costs yourself. Please be aware if you ask us to re-open a case more than two years after our decision, we will only be able to do so where you are able to give us enough evidence to make a decision on the case without the need for further extensive enquiries. You will need to provide us with the evidence necessary to decide your case. If you already had an injury which is listed in the tariff of injuries, but it has been made worse as a direct result of a crime of violence, you may still be entitled to a payment. Alexander Bain House Regardless of whether or not you are seeking compensation or damages from other sources you should make your application to CICA as soon as possible. Although this will be subject to your individual circumstances and the actual fee might be less than this but it will never be more. Compensation is fixed by the Criminal Injuries Compensation Authority (CICA) on this tariff-based scheme. whether they sought revenge against their assailant. In considering whether a risk is exceptional we will consider if the risk taken was unusual and was not something which you had been trained to deal with. However, we can only do this if your medical condition and any entitlement to special expenses have been established. We calculate this as a lump sum. Suffering a bereavement as a result of a crime of violence, Criminal Injuries Compensation Scheme 2012, British embassy, high commission or consulate, A guide to the Criminal Injuries Compensation Scheme, Criminal Injuries Compensation Scheme 2012 (amended), Criminal injuries compensation: residency and nationality. Removing two instances of the phrase "blameless" when referring to victims of violent crime. If you disagree with a review decision, you can appeal to the First-tier Tribunal (Criminal Injuries Compensation) in accordance with Tribunal Procedure Rules. Our customer charter details the service you can expect from us and what we expect from you. Mar 27, 2023 Laws. You do not need to appoint a legal or other representative to act on your claim. the cost of care in connection with your bodily functions (including toileting, bathing and continence management) or meal preparation (when you are physically unable to cook, or it would be dangerous for you to do so). What happens if you have more than one injury? To be eligible, on the date of death the deceased victim must have met the conditions of paragraph 43 of the Scheme. To " The Scheme is a government funded scheme designed to compensate victims of violent crime in Great Britain. The payment will be calculated as a lump sum and, where this includes a loss continuing into the future, the payment will be reduced according to the discount factors which are set out at Annex F of the Scheme. fees payable, in England and Wales, to the Court of Protection or the Public Guardian established under the Mental Capacity Act 2005 or, in Scotland, to the Public Guardian or to a sheriff court in respect of an application under the Adults with Incapacity (Scotland) Act 2000. costs arising from the administration of your affairs due to your lack of mental capacity. your loss lasted longer than 28 full weeks. 12/12/2019 Page 5 of 7 Court Cost and Fee Destinations (1) State Consolidated Court Cost - Local Gov't Code 133.102(a)(3) 90% goes to the State and 10% stays with the County as a collection fee, if the County timely remits the State's portion to the comptroller (See Local Gov't Code 133.058(a)).13 The collecting officer must deposit the money in the County treasury (See Local Gov . Before you submit your application, you will be able to Check your Answers. CICA tariff has a range of compensation payments for victims of violent crime based on the severity of their injuries. If we agree it is possible to pay the full amount of your payment into such an account before you turn 18 then this could be an alternative to us holding on to your funds. If your appeal proceeds to an oral hearing, it is likely that a representative from the CICA will be at the hearing in order to explain our decision. Contact the British embassy, high commission or consulate for help. We can also request repayment of part or all of an award after a final payment has been made, if we receive evidence to suggest any of the following: you did not co-operate as far as reasonably practicable in bringing the assailant to justice; you deliberately misled us in relation to an important aspect of your claim; you received a payment which the Scheme allows us to take into account, and which was not deducted from the payment before it was paid; We will write to you to tell you if we are reconsidering our decision or considering requiring repayment of all, or part, of an award. English Deutsch Franais Espaol Portugus Italiano Romn Nederlands Latina Dansk Svenska Norsk Magyar Bahasa Indonesia Trke Suomi Latvian Lithuanian esk . If you have parental responsibility for a child, you can complete an application on their behalf. Amended the section on 'Same Roof Rule' time limits from: "We have discretion to consider applications beyond this deadline but only if you were a child at the time of the incident giving rise to the injury; or there are exceptional circumstances which mean you could not have applied earlier, and the evidence supplied in support of your application means that it can be determined without the need for further extensive enquiries." Where certain special expenses are awarded, we will reduce your payment to take account of any payment you have received, or are entitled to, through insurance, unless it was paid for by you or by the person with parental responsibility if you were injured as a child. You can change your cookie settings at any time. The loss of earnings payment will be calculated at the rate of statutory sick pay in force at the date of deciding your claim. The Hardship Fund provides temporary relief from financial hardship to very low paid workers who are temporarily unable to work because they have been a victim of a violent crime. Although the points system helps us to achieve consistency in our decision-making, we are not bound by it. (g) a sentence equivalent to a sentence under sub-paragraphs (a) to (f) imposed under the law of Northern Ireland or a member state of the European Union, or such a sentence properly imposed in a country outside the European Union. You are the beneficiary of the trust. Criminal Injury Compensation - Example Settlements. We will ask you to let us know why you are not able to obtain this evidence yourself. Additionally, you can claim for up to 3 injuries through the CICA. This will depend upon all the circumstances of the claim and whether this was used to make a decision on your claim. To account for the fact that loss of earnings payments are made in a lump sum, a payment for this loss in the future will be reduced according to multiplier tables and discount factors which are set out at Annex F of the Scheme. We may need additional medical or other evidence if your injuries are complex, or you are claiming for a disabling mental injury. It is based on medical . You may claim for a dependency payment if you were a qualifying relative who was financially or physically dependent on the deceased at the time of their death. A full definition of relevant place is given at Annex C of the Scheme. Eligibility: injuries for which an award may be made. Some common example award payouts are listed below relevant to sexual assault and sexual abuse claims: Molestation above or under clothing: 1,500 2,000, Non penile penetrative acts: 3,300 8,200, Penile penetrative assaults single event or over a period (rape assaults): 11,000 22,000, Two or more isolated acts of non-penile penetrative oral contact: 4,400, Up to three years repetitive abuse: 6,600, Single act of non-consensual penetrative sex (rape vagina, anus or mouth): 11,000, Single act of non-consensual penetrative sex involving two or more attackers: 13,500, Repeated rape over three years: 16,500 to 22,000, Permanent physical and mental disability due to long-term abuse: 33,000 to 44,000, Emotionally Unstable Personality Disorder (EUPD) : up to 22,000. The document details the CICA's stipulations for compensation. If you provide us with an application, medical or other evidence in a foreign language we will ask you to provide a translation or suitable alternative evidence. We may not make a decision on your case until we are satisfied that you are eligible and that you could not get compensation from any other source. not attended a medical examination that lets us verify your injuries. If you continue to use this site we will assume that you are happy with it. The payment will be calculated as a lump sum and, where this includes a dependency continuing beyond the date of decision, the payment will be reduced according to the discount factors which are set out at Annex F of the Scheme. Simply click on a topic from the contents list and this will automatically take you to that area of the guide. We may also need to check if you have any pre-existing conditions if that has not already been covered in the initial medical evidence. The rules of the Scheme and the value of the payments awarded are set by the Secretary of State and approved by Parliament. The application process should take no longer than 20 minutes. the cost of supervising you in order to avoid substantial danger to you or another person. Edited chapter "Applying for a payment" to update telephone operating times due to covid workplace restrictions. When we send you our review decision, we will send you the form to use to ask for an appeal. If you were an adult at the time of the incident, this should normally not be later than two years after it occurred. Updated references to "customer service centre" to Customer Support Team. Where someone is representing you on a no-win no-fee basis this usually means that they will keep a share of your payment to cover their fees. ECOMP features include FECA claim submission, Agency Query System . If you are a member of the Armed Forces (or an accompanying dependent) who was a victim of violent crime whilst serving outside Great Britain, you may be able to apply to the Criminal Injuries Compensation (Overseas) Scheme operated by the Ministry of Defence. Details can be found on www.gov.uk. Injury four is valued at 500. Change is because paragraph 88A does not mention someone being a child at the time of the incident under the same roof, and due to the original rule being removed in 1979 it is not possible for an affected applicant to be under 18 beyond 13 June 2021. Complete the form above or CALL US ON 0330 300 5000 Our criminal injuries compensation calculator is designed to provide victims of criminal injuries with an estimate as to how much criminal injuries compensation they could claim through the Criminal Injuries Compensation Authority (CICA) scheme. The Scheme allows us to consider claims for certain costs referred to as special expenses which you may have incurred as a result of your injury. If you are the victims former spouse or civil partner registered under the Civil Partnership Act 2004 and were financially dependent on the victim at the time they died you may be eligible to apply for a dependency payment. We will communicate directly with any appointed representative and if we make an award, we will usually make payment directly to you or your legal representative. You can find these rules on the First-tier Tribunal website. It will take only 2 minutes to fill in. If not, the amount of fees under dispute will be held back if any award of compensation is made. Medical/Mental Health treatment: $150,000 maximum. Overcoming the physical injuries and emotional pain of a violent crime takes time - and it is harder to do when you face financial worries as well . The same roof rule prevented compensation being awarded for incidents occurring between August 1964 and 30 September 1979, where an applicant was living with their assailant as a family member at the time. More information is available at the Office of the Public Guardian, or the Office of the Public Guardian, Scotland if you live in Scotland. The CICA must pay an award in line with these prescribed amounts, based on the severity of the injuries and the impact on you. You will need to enclose any additional evidence that you wish us to consider in support of your claim. The Scheme does not require an offender to have been convicted and all compensation decisions are made on the balance of probabilities, based on the available evidence. You may be eligible for a payment if you were injured while trying to apprehend and offender or suspected offender, prevent or remedy the consequences of a crime or were helping the police to do so. This is intended to cover the basic costs of a funeral. We may refuse or reduce an award under the Scheme if you have an unspent criminal conviction at the date of your application or are convicted of a crime before a final decision is made. Where we are able to consider a reduction under the Scheme, we will consider all the circumstances of your claim and use a points system to enhance consistency in our decision-making. The Criminal Injuries Compensation Scheme 2012 is the CICA's official document stating how compensation is paid out to eligible claimants. Claims for expenses in excess of the 2,500 flat rate allowance will only be paid where receipts or other satisfactory evidence is provided for all the costs incurred and where those costs are reasonable. Not all claims for compensation will be successful; you must be eligible under the rules of the Scheme. Where the opportunity exists for you to pursue compensation from another source you should do so. This payment will be made for the benefit of their estate and you do not have to be a qualifying relative to apply. What is the Criminal Injuries Compensation Scheme? Our guidance now includes information about how and when this will be relevant. You can check what is available in your local area by visiting theVictims Information Servicewebsite. Examples of physical dependency are getting help with: Where a person has died as a result of sustaining a criminal injury, we may make a payment in respect of their funeral expenses. However, we can make payment for loss of parental services and financial dependency, through annual advances, to the person who has parental responsibility for the child. A qualifying relative is someone who, when the victim died, was in one of the groups listed in paragraph 59 of the Scheme. If the deceased was not in paid work they must have had good reasons for not being so, for example, they were unable to work because they were in full-time education, or by reason of their age or caring responsibilities. A trust is a fund that is managed by a person or group of people (trustees) on your behalf. We will process your information in line with the arrangements set out in the declaration you completed and our Privacy Notice. We will consider any evidence available about your character, other than in relation to unspent convictions, which makes it inappropriate for us to make a full or reduced payment. We will normally retain the full value of your award, including the tariff award or bereavement payment and any childs payment or dependency payment. You have rejected additional cookies. It is important that you understand that while a possible outcome of a review is that you might get a bigger payment, it is also possible that you will get a lower payment or no payment at all. If you have capacity for paid work, but the type of work is restricted because of your injuries, you will not qualify for a loss of earnings payment. The meaning of "crime of violence" is explained in Annex B. The Criminal Injuries Compensation Authority (CICA) is an executive agency of the UK Government.The Authority, established in 1996 and based in Glasgow, administers a compensation scheme for injuries caused to victims of violent crime in England, Scotland and Wales.It is funded by the Ministry of Justice in England and Wales and the Justice Directorate in Scotland. They may make a decision that is more favourable or less favourable than the review decision, or the review decision can stay the same. To help us improve GOV.UK, wed like to know more about your visit today. We will calculate the length of any payment, beginning after you have lost 28 weeks of earnings up until whichever is earliest of: the day you are no longer incapable of any paid work; the day on which you will reach state pension age; and. But it continued to make payments for loss of earnings, special expenses and additional compensation in fatal cases. If you wish us to extend these periods for applying, you will also need to provide us with evidence that shows why the application could not have been made earlier. The Criminal Injuries Compensation Authority administers the. Belfast (a) Foreign repairs and equipment purchases; election to proceed. The Scheme does not allow us to pay for more than three injuries. Our cica claim calculator in the main menu will help you with estimating the potential compensation that may be paid in respect to your claim. Changes made to sections relating to consent and obtaining medical evidence. A person may be eligible for an award under this Scheme if they sustain a criminal injury which is directly attributable to their being a direct victim of a crime of violence committed in a relevant place. Our final decision on repayment will be issued to you in writing. In developing our proposals for the consultation, we were guided by careful . By submitting my data I agree to process my data as per privacy policy. Relay UK (if you cannot hear or speak on the phone): 18001 0300 003 3601. To be eligible for a payment under the Scheme, your injury must be described in the tariff of injuries at Annex E of the Scheme. We have added link to MoD Criminal Injuries Compensation (Overseas) Scheme, We have added guidance in relation to same roof rule applications. This does not apply to a conviction for which the only penalty imposed was one or more of an endorsement, penalty points or a fine under Schedule 2 to the Road Traffic Offenders Act 1988. If you intend to claim compensation, it is essential that you report the incident to the police, even if you have reported it somewhere else such as your place of work or a doctor. If we ask you to see an expert, you must keep the appointment. In deciding whether to refuse or reduce an award we will consider all the circumstances of your claim, including the nature and extent of the failure to assist and your age, capacity and well-being. A further exception to the normal time limit applies to applications that relate to the same roof rule. You cannot get loss of earnings for the first 28 weeks of loss. For more information, you should contact the Victim Support line on 0808 1689 111. The Criminal Injuries Compensation Scheme has been operating in different forms since 1964, when it was based on common law damages. In determining whether to apply the Scottish disclosure periods or the rehabilitation periods for England and Wales, the CICA will apply the appropriate legislation based on where the incident relating to the compensation claim took place. The payment will be reduced by the amount of any award already paid to the deceased. the expected end of life where your criminal injury has shortened that period. The period of loss for which we may be able to provide a payment starts from the date the victim died. If you belong to a trade union, they may be able to help. If possible, please include copies of any evidence which shows: that the direct cause of your current condition is the incident for which you previously received compensation; and. An annuity is a type of insurance policy that provides a regular income in exchange for a lump sum. If the crime happened in one of the following countries, you can apply to their compensation schemes: Albania, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Liechtenstein, Luxembourg, Malta, Montenegro, Netherlands, Norway, Portugal, Romania, Slovak Republic, Spain, Sweden or Switzerland. In these circumstances we will either ask you to obtain a report from your treating practitioner or we may arrange for you to be seen by an expert. Please contact the Foreign and Commonwealth Office for more information. If your injuries are not serious enough to fall within the tariff of injuries, the Government has introduced a Hardship Fund. However, be aware that figures do vary considerably depending upon the nature (severity) of the injury, period of suffering and whether any mental harm has been caused. We will only pay annual advances to the person with parental responsibility for you. If you have been bereaved by a crime that has occurred within Scotland, you may be able to apply for support in paying funeral costs from the Victims Fund. We shall not be liable for any technical, editorial, typographical or other errors or omissions within the information provided on this website, nor shall we be responsible for the content of any web images or information linked to this website. If there is more than one qualifying relative eligible for a financial dependency payment, the weekly amount will be divided in equal shares between the claimants that qualify during that week. The compensation is paid to those who have suffered injury and can demonstrate that the injury was sustained as a direct . You will not be eligible for a bereavement payment. Edited "applying for a payment" section - extended Customer Support Team opening hours. This is a digital guide for people who have applied, or are thinking of applying, for compensation under the Criminal Injuries Compensation Scheme 2012 (we call this the Scheme). In these circumstances CICA may require you to repay your award or part of your award and, if necessary, may take court action to recover this. Any interim payment made will be deducted from a final award, when made. It may not be possible to make a final decision if your medical treatment is ongoing or your level of recovery is not yet known. Copies of the Scheme are also available in Welsh. Paragraphs 91 and 92 of the Scheme outline your obligations in terms of the application process and the provision of information and co-operation required during the progress of your claim. When we get your request for a review along with all your supporting information, a claims officer, other than the one who made the original decision, will consider it. The payment to the victim will affect the payment to relatives as follows: if there is only one person eligible for a dependency or childs payment we will reduce this by the amount that has already been paid to the deceased; if there is more than one person eligible for a dependency or childs payment we will reduce this by the amount that has already been paid to the deceased, split proportionally between all recipients. By very limited capacity we mean that the extent of your injuries means that you are not capable of undertaking more than a few hours of paid work per week. We will meet the reasonable cost of you travelling to and from the appointment. This may include providing any documentation which you can reasonably be expected to obtain and attending a medical examination arranged to support the assessment of an injury. However, we will only make a payment if we are satisfied that you were taking an exceptional risk and that risk was justified in all the circumstances. A guide to applying for compensation under the Criminal Injuries Compensation Scheme. If the victim has died because of their injury, qualifying relatives may be eligible to claim. As explained above, there are some convictions which must result in your application being refused. 1 Section 13, Criminal Cases Compensation Act 1995 . You will only be eligible for a payment if you meet one of the residency, nationality or other requirements under paragraph 10. We can only extend this time limit where: due to exceptional circumstances an application could not have been made earlier; and. After this time, CICA will only hold minimal information about your claim. Our aim is to provide a compassionate, efficient and fair service to victims of violent crime. If there is a cost attached to obtaining the medical evidence, then you may be expected to meet this. A risk will not be considered exceptional if it was something that you might reasonably have been expected to do in the normal course of your work. The tariff means it is easy to work out what award an applicant might expect to receive for the injury itself. Updating section "Re-opening cases and how to appeal" to expand guidance on medically re-opening claims. Please be aware that we will not routinely acknowledge any correspondence received and will only contact you if we need to obtain medical or other information from you and when we make a decision on your application. We will also ask you to provide reasons if you have not done so. We use cookies to ensure the best experience on our website. Use our criminal injuries compensation calculator to get an estimate for the amount of rape compensation or other claim you are eligible to receive. We may medically re-open a claim after a final payment has been made where there has been so material a change in the medical condition of an applicant, that allowing the original decision on their claim to stand would give rise to an injustice. Telephone: 0300 200 7887. ECOMP is a free web-based application hosted by the Office of Workers' Compensation Programs (OWCP) that provides Federal agencies with an electronic system for recording workplace injuries and illnesses, and processing claims under the Federal Employees' Compensation Act (FECA). Find out about the Energy Bills Support Scheme. This guide is to help you understand the Scheme. The Draft Criminal Injuries Compensation Scheme - Ministry of Justice. ask you for more information if we need it; We cannot say how long it will take to assess your application as this is dependent on obtaining and considering all the evidence needed to decide if you are entitled to compensation and the value of any award.
