Some of the content presented on our website has been generated with the assistance of Artificial Intelligence (AI). We ensure that all AI-generated content meets our high standards for accuracy and relevance.
A recent decision in the Courts has highlighted the unfairness of the Criminal Injuries Compensation Scheme (CICS) Same Roof rule and forced the Justice Secretary to order a review of the Scheme to ensure that more victims of criminal acts receive the compensation they deserve.
Paragraph 19 of the 2012 Scheme states that:
“An award will not be made in respect of a criminal injury sustained before 1 October 1979 if, at the time of the incident giving rise to that injury, the applicant and the assailant were living together as members of the same family.”
Same Roof Rule
The rule was introduced because of difficulties obtaining evidence in such cases and a wish to ensure that offenders did not benefit from any compensation paid to the victim.
However, in practice the rule has meant that children, who were abused prior to 1979 by an assailant who was living with them at the time, have been unable to apply for compensation from the Scheme.
Earlier this year, the Court of Appeal found that the ‘pre-1979’ rule unlawfully discriminated against the applicant in that case. The Government has decided not to challenge the ruling and instead, has confirmed that it will review this rule and other aspects of the Scheme.
Any changes to this rule will not come into effect until further legislation is enacted. However, the Criminal Injuries Compensation Authority (CICA) has indicated that they will accept applications from applicants who were living with their assailant prior to 1979 but after 1964, when the Scheme first came into force. The applications will then be kept on hold pending further guidance from the Ministry of Justice.
If you were the victim of a crime by someone you were living with between 1964 and 1979 and that person was convicted of the crime, you may soon be able to make a successful application to the CICA.
How Nelsons Can Help
Dianne Collins and Helen Froggatt are Associates in our expert Personal Injury team.
If you would like some free, confidential advice on your options, please call Dianne or Helen on 0800 024 1976 or contact us via our online form.