Criminal Injuries Compensation Scheme
E. Criminal Injuries Compensation Scheme 2008
This is a Government funded scheme and compensates victims of crimes of violence, including murder, manslaughter, assault, robberies, personal injuries from acts of arson, rape and muggings. Injuries are assessed based on the appropriate medical evidence and compensation is paid depending on extent of the injuries which are identified within the terms of the Scheme and are classified in tariffs, 1 to 25. Tariff 1 is the minimum payment equivalent to a £1000.00 rising to Tariff 25 which is the maximum payment of £250,000.00.
The Legal Services Department assists with processing these applications to the Criminal Injuries Compensation Authority. Branches should note that the Scheme does not apply to the Channel Island or the Isle of Man.
Claims are processed via regional centres and listed below are some of the basic requirements for a claim.
1. Time limit for applications:-
An application must be made in writing within 2 years of the
incident which caused the injury. Some applications outside that
period may be accepted in certain circumstances.
2. Seriousness of the Injury
The injury must be serious enough to qualify for at least the
minimum tariff award and the injury must have lasted for at least 6
weeks, with at least 2 visits to a doctor.
3. The victim should have promptly reported the incident at the time.
4. The victim did not provoke or agree to the incident.
5. The victim did not engage in retaliatory behaviour.
6. The victim has co-operated in the police investigation.
7. The victim has assisted with the prosecution of the offender.
8. The perpetrator of the crime does not need to be identified or prosecuted in order for a victim to obtain compensation.
9. Motoring offences are excluded except where the vehicle is used as a weapon.
10. A reduction of the order can occur if the victim has a record of unspent criminal convictions.
11. Additional losses can be claimed:
i. Loss of earnings - can be claimed if losses are incurred for a
period after 28 weeks absence from work. Nothing is paid for the
first 28 weeks.
ii. Loss or damage to physical aids, national health services costs
of treatment, reasonable private treatment, cost of specialized
equipment, home help adaptations and care which is not available
free of charge.
