CICA “Same Roof” rule set to be scrapped

On 28th February 2019, the Ministry of Justice announced that they have brought forward legislation to remove the “same roof” rule from the Criminal Injuries Compensation Scheme. Previously, people who were victims of crimes committed by members of their family prior to 1st October 1979 were not eligible for compensation.

In July 2018, it was decided in the Court of Appeal that the pre-1979 ‘same roof’ rule had unfairly denied a claimant, who was abused as a child by her stepfather, the right to compensation. The Government agreed with the judgement.

The Government have stated that previous applicants who were denied compensation under this rule will be eligible to reapply for compensation. People who may have previously been advised that an application would not be successful will also be able to apply to the CICA.

This new legislation is an element of an ongoing wider review into how the victims of crime are compensated as part of the Government’s new Victims Strategy.

Many people, including the survivors of historic child abuse, have found that their applications have been unsuccessful due to the outdated nature of the current CICA rules. It is anticipated that the outcome of this review, expected later in 2019, will make recommendations that will lead to the Criminal Injuries Compensation Authority (CICA) becoming more in tune with the needs of the victims of crime.

It is hoped that this new legislation will mean that more survivors of sexual abuse will be able to make successful applications to the CICA and receive the compensation to which they are entitled.

The child abuse lawyers at Switalskis have a long and positive track record of handling applications to the CICA on behalf of people who have suffered sexual abuse. If you need confidential legal advice call us on 0800 138 4700 or e-mail David Greenwood.

 

Disclaimer: The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice, and the law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice on their own particular circumstances.