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 Criminal Injuries Compensation Scheme has been operating in different forms since 1964, when it was based on common law damages. Examples include physical aids (including specially adapted vehicles, wheelchairs and walking aids, and kitchen implements to help people whose grip has weakened). Criminal Injury Solicitors is trading name of LPS solicitors. You can only receive one main award, so you will not be compensated for both the abuse itself and also any mental health condition. 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. If you belong to a trade union, they may be able to help. The victim must also have reported the crime to the police and cooperated with the investigation. 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. If you need any legal advice, please contact us through chat, email or telephone number provided on this website. The CICA must pay an award in line with these prescribed amounts, based on the severity of the injuries and the impact on you. 15 York Street Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. The use of alcohol or drugs is only a conduct issue if it played a direct role in provoking the incident that led to the assault. 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. If you miss the appointment, without good reason, we may deduct any costs we have to pay from any award we make. 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. If you disagree with the original decision and want us to review it, you must send us your written application for a review within 56 days of the date of the original decision. For example, if the deceased had received 3,000 prior to their death, and three eligible recipients made a claim, their total payment would be reduced by 1,000 each. Their contact details are as follows: HMCTS The compensation payments are based on a set of guidelines that take into account the type and severity of the injuries, the impact on the victims life, and any financial losses they have incurred as a result of the crime. Details You can also claim criminal injury compensation online. For more information on how we will handle your application for compensation, please see our CICA Privacy Notice and our Customer Charter. 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. If we are unable to make a final decision this is likely to be because we are waiting until the long term impact of your injury is understood. In particular, we may ask you to provide the following evidence: proof that you meet the residency requirements; medical evidence that shows you suffered an injury that can be compensated under the Scheme; evidence to support a claim for loss of earnings or special expenses; We will collect the following information before we ask you to obtain medical evidence: confirmation from the police that the incident in which you were injured was reported to the police; confirmation from the police that your behaviour did not contribute to the incident in which your injuries were received; confirmation from the police that you co-operated with them; evidence from the police about your criminal record, should you have one; Where appropriate we will ask you to provide medical evidence. We have added link to MoD Criminal Injuries Compensation (Overseas) Scheme, We have added guidance in relation to same roof rule applications. 20 York Street The more recent the conviction and the more serious the sentence, the more points the conviction will attract. Contact the British embassy, high commission or consulate for help. As the number of qualifying relatives reduces (for example, when a child turns 18), remaining claimants will qualify for an increased share of the payment. Additionally, you can claim for up to 3 injuries through the CICA. If you would like to apply to re-open your claim because you believe there has been a material change in your medical condition, please send your request to: CICA To qualify for an award, an injury must be described in the tariff of injuries at Annex E of the CICA Scheme. Complex cases will take longer to finalise to ensure that we can make a payment which reflects the severity of the injuries sustained and their long-term impact. We can compensate victims of violent crime, or people whose loved ones have died as a result of a crime of violence. If you are required to appear at District Court, please arrive by 8:00 a.m. We can only make an interim payment when it is established that you will have a firm entitlement to compensation of a certain value, likely to be lower than a final award. This updated 2023 calculator has been designed to provide prospective applicants with an rough guide to the likely criminal injuries compensation that they may be entitled to under the CICA scheme which was revised in February 2019. We will also reduce any payment for special expenses to take account of social security benefits you receive or could receive to meet any of the same expenses. We make the dependency payment in a lump sum unless we are making a payment to a qualifying relative who is a child under the age of 18. This is not a requirement for a funeral expenses payment. 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. In the unlikely event that the interim award is higher than the final award, CICA may require repayment of this award or part of this award. Annex A: Equalities Statement 26. . How much we cover depends upon your insurance, and your situation. 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. To be eligible, on the date of death the deceased victim must have met the conditions of paragraph 43 of the Scheme. 15 per cent of the tariff amount for any additional injury with an equal or third highest value. Further information about these requirements can also be found at paragraphs 114-116 of the Scheme. The Scheme covers Great Britain (England, Scotland and Wales), and the time it takes for a conviction to become spent differs between Scotland and the rest of Great Britain. If you need to find out what schemes were in place before 13 June 2019, check the 1996, 2001, 2008 and 2012 schemes. You can ask a friend or a relative to represent you and help you make a claim. We will, however, pay the special expenses from the date of the actual injury. In these cases we will normally retain the dependency payment in our Retained Awards section and make payments through annual advances to the person with parental responsibility for the child. However, there are additional tariff payments which you can receive if, as a direct result of your injury or assault, you: If you are unable to work as a direct result of a criminal injury, that being an injury which attracts an award under the Scheme, you may be eligible to claim a loss of earnings payment. However, if we consider it necessary to have a translation of the evidence and there are exceptional circumstances which mean you are unable to meet the cost of obtaining it, we may arrange this for you. The childs payment is 2,000 for each full year, proportionally reduced for part years. If you were injured in Northern Ireland, you should contact Compensation Services at: Compensation Services (e) In addition to the reimbursement fee specified in Subsection (c), the county attorney, district attorney, or criminal district attorney may collect the fee authorized by Section 3.506, Business & Commerce Code, for the benefit of the holder of a check or similar sight order or the holder's assignee, agent, representative, or any other . Normally you will be required to provide evidence in support of your claim in a format that can be used by us. You have accepted additional cookies. When we have made our decision, we will write to you or your representative to tell you what decision has been made. CICA tariff has a range of compensation payments for victims of violent crime based on the severity of their injuries. 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. Please be aware that the time limit can only be extended once. Our sexual abuse calculator in the main menu will help you with estimating the potential compensation that may be paid in respect of your sexual abuse claim. (a) Civil Penalty for Undercharging and Overcharging.. This payment will be made for the benefit of their estate and you do not have to be a qualifying relative to apply. Sixth Floor We aim to assess most applications within 12 months. You can apply for compensation on our website. The total amount of a funeral payment cannot exceed 5,000. the cost of supervising you in order to avoid substantial danger to you or another person. We do not meet any additional costs if your parent or guardian chooses one of these options. The SRA rules can be found by visiting www.sra.org.uk. An award will not be made if you have an unspent conviction for an offence which resulted in: (a) a sentence excluded from rehabilitation. 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. Added links in Hardship Fund section for victims of crime in Scotland and Northern Ireland. We may ask for evidence that you meet this criteria, including a copy of any assessments of needs carried out by the local authority, NHS, or other body, showing what, if anything they can provide. However, the Scheme requires that you co-operate as far as is reasonably practicable in bringing the assailant to justice. (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. If the Fines, Penalties, and Forfeitures Officer has reasonable cause to believe that a violation of section 466, Tariff Act of 1930, as amended (19 U.S.C. This guide is to help you understand the Scheme. You are the beneficiary of the trust. By submitting my data I agree to process my data as per privacy policy. If you suffer a mental injury as a result of a sexual assault, we can only make an award for whichever of the mental injury or sexual assault award would give rise to the highest payment of compensation. Removing two instances of the phrase "blameless" when referring to victims of violent crime. No warranty, whether express or implied is given in relation to such materials on this website. Removing reference to EU Compensation Assistance team. If you cannot obtain medical evidence for any other reason, you must let us know and we will assist you where we can. You can only ask us to consider special expenses if your injuries mean you have been unable to work or have been incapacitated to a similar extent for more than 28 weeks; a fatality caused by a crime of violence including bereavement payments, payments for loss of parental services and financial dependency; and funeral payments. The money will be paid into your trust fund when it is set up. If one is appointed at any stage, please be aware that we cannot meet any costs which may be incurred. 4. If we are holding the payment for you, we will allow advances if these are needed for your advancement, education or long-term benefit. Updated references to "customer service centre" to Customer Support Team. The payment is calculated over the period of dependency at the weekly rate of statutory sick pay in force at the date we determine the case. 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. This may include imposing a trust as a condition of your award. This guide will also link to the relevant sections of the Scheme or other organisations websites where appropriate. 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. What happens if you have more than one injury? We will only accept an instruction to make a payment to you, or your solicitor. Updating section "Re-opening cases and how to appeal" to expand guidance on medically re-opening claims. "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." A qualifying relative of a person who sustained a criminal injury but who has died otherwise than as a direct result of that injury may be eligible for a payment if on the date the deceased died: the deceased was eligible for a final award but had not received it; and. 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. Read more. If your claim is successful, you will receive the amount stated that correlates to your particular injury. Special provision is made in the Scheme if you were under 18 at the time of the incident, although you should still apply as soon as you can. 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. Compensation can only be awarded where the incident occurred in England, Scotland, Wales, or another relevant place. The CICA must pay an award in line with these prescribed amounts, based on the. You can get a copy of the Scheme from our website. 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. This includes evidence of involvement or association in illegal drugs, crime, tax evasion and benefit fraud. 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. Please read our guide to these criteria if you think they will affect you. costs (other than in respect of loss of earnings) arising from treatment for the injury under the National Health Service (NHS) or a state health service other than the NHS where those costs would also have arisen if you were being treated under the NHS. To be eligible, your criminal injury must be serious enough to have resulted in a total inability to undertake any form of paid work, or a very limited capacity to do so. You must apply as soon as it is reasonably practicable for you to do so. If you have an unspent criminal conviction, it may affect whether you are entitled to an award or the amount of any award. It is important that the person who applied on their behalf and/or the recipient in due course, update their contact details so that we can arrange for them to receive the payment at the appropriate time. Criminal injuries compensation through the CICA is set according to the tariff found in the Criminal Injuries Compensation Scheme 2012. G2 8JQ. 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. It is based on medical . The loss of earnings payment will be calculated at the rate of statutory sick pay in force at the date of deciding your claim. KEY TAKEAWAYS. 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. Some common example award payouts are listed below relevant to the criminal injuries compensation claim: Scarring (Head / Neck /Face) : 1,500 11,000, Burns (Head / Neck /Face) : 2,400 27,000, Eye (Permanent loss of visual field) : 1,000 44,000, Eye (Dislocation of lens) : 3,500 13,500, Partial loss of vision : 1,000 55,000, Permanent clicking jaw or dislocated jaw : 3,000 3,500, Multiple fractures to face : 1,500 11,000, Neck (Strained neck or whiplash injury disabling for more than 13 weeks) : 1,000 11,000, Loss of smell and taste : 3,500 16,500, Tongue (Impaired speech) : 3,500 19,000, Paralysis or Equivalent loss of function of arm : 27,000 82,000, Dislocated or fractured elbow : 1,500 11,000, Fractured or dislocated finger or thumb : 1,000 6,200, Loss of finger or thumb : 3,500 55,000, Partial loss of finger or thumb : 1,000 16,500, Loss of, or equivalent loss of function of hand : 33,000 110,000, Fractured bones in arm : 1,500 11,000, Dislocated or Frozen Shoulder : 1,500 6,200, Damage to one or more of tendon, ligament or cartilage : 1,000 11,000, Fractured or dislocated or sprained (more than 13 weeks) wrist injuries : 1,000 11,000, Chest injury requiring thoracotomy : 6,200 16,500, Punctured or Collapsed lungs : 1,500 11,000, Fractured or dislocated ankle : 2,400 16,500, Fractured Femur (thigh bone) : 1,800 11,000, Fractured foot or tarsal bones : 1,000 13,500, Fractured or dislocated hip : 2,400 16,500, Fractured Tibia (shin bone) : 1,800 11,000, Fatal criminal injury Single qualifying relative : 11,000, Fatal criminal injury Multiple qualifying relatives : 5,500. (a) their criminal injury is described in the tariff at Annex E; or (b) in any case falling within paragraph 36 (acceleration of [sic] exacerbation of an existing condition), their. within two years of the first report to the police, if the incident was reported to the police on or after your 18th birthday. If you were an adult at the time of the incident, this should normally not be later than two years after it occurred. After this time, CICA will only hold minimal information about your claim. Well send you a link to a feedback form. If you have already received money from public funds to help pay for funeral costs, we may take this into account when deciding your claim. If you have any questions about this guide or your claim, please contact our Customer Support Team using the details available at the following link: https://contact-the-cica.form.service.justice.gov.uk/. We give a full explanation about how we manage payments for young people when we make our payment offer. Part A of the CICA tariff covers injuries such as burns, paralysis, medically recognised illness, mental injury, peripheral sensory nerve damage and motor nerve damage as well as injuries to the head and neck, upper limbs, torso and lower limbs. The compensation is paid to those who have suffered injury and can demonstrate that the injury was sustained as a direct . 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 . Criminal injuries compensation awards can be reduced or withheld because applicants .