Abuse Victims who Lived with Abuser Can Now Claim CICA Compensation
For many years, some of the most vulnerable abuse victims across the UK have been unable to claim compensation, because of what’s known as the “same roof” rule.
- The criminal injury was sustained before 1st October 1979
- At the time of the incident, the victim and the assailant were living together as members of the same family.
But in these types of abuse cases, the choice as to whom they lived with and where they lived was often outside their control. That’s led to the legality of the “same roof” rule being challenged and finally, the UK government has announced that the “same roof” rule is being abolished – a move which paves the way for those previously ineligible for an award to claim compensation for abuse from CICA.
Here at Simpson Millar, we’re delighted that survivors of child abuse and domestic violence who hadn’t been eligible to claim in the past can now get recognition and acknowledgement from the state of what happened to them. Indeed, we believe this change is long overdue.
What is the Criminal Injuries Compensation Scheme?
The Criminal Injuries Compensation Scheme is a government-funded scheme administered by CICA. It was created in 1996 to compensate blameless victims of violent crime in Great Britain (it excludes Northern Ireland as they have their own scheme).
The scheme enables survivors who have sustained injuries on or after 1st August 1964 to be compensated. Parliament sets the rules of the scheme and the value of the compensation payments.
As the CICA website states, no financial award can “fully compensate you for what you have suffered or lost”. However, it describes an award, which varies in size to reflect the seriousness of the injury, as “society’s way of recognising that you have been a victim”.
There have been a number of versions of the scheme since 1996 and the most recent is the 2012 version. This is currently under review and following the commitment to scrapping the “same roof” rule, we hope there will be further amendments that will benefit survivors of abuse in the near future.
For more than 20 years, we’ve been helping abuse victims claim their legal rights. Contact us to find out how we can help you.
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