Saturday, 6 July 2019

Criminal Injury Compensation: New Rules in "Same Roof' Cases

Victims of crime who have suffered injury can claim compensation from the Criminal Injuries Compensation Board. The level of compensation can often be a disappointment but it's better than nothing. 

For injuries inflicted before o1 October 1979, the victim - adult or child - has been denied compensation where they and the assailant were living together as members of the same family. This form of ‘same roof’ prohibition has been axed by the Criminal Injuries Compensation Scheme 2012 (Amendment) Instrument 2019 which took effect on 13 June 2019.  Victims denied or who failed to apply on account of the rule have two years to reapply or apply. They will be considered in the same way as victims injured on or after 1 October 1979 in that, where they were adults and living with the assailant when injured, they will qualify if they had separated after the injury and were unlikely to get back together.  Applications  already made but not yet decided on, will benefit.

All other things being equal, children should have a clear run. The tariff for sexual abuse towards a child ranges from £1,000 for a minor non-penetrative act over clothing to, for example, £22,000 for repeated penetrative acts over three years or more.