‘Same Roof Rule’ Compensation Claims Delayed
In June 2019, the ‘same roof rule’ was abolished. This rule had been blocking survivors from applying for compensation for abuse they suffered before 1979 if they had been living with their attacker at the time.
Since then, there has been a significant increase in the number of people applying for compensation, which has resulted in a delay in the compensation being awarded.
The CICA strict time limits mean that a claim must be brought within 2 years of the assault – in this situation it has been extended to 2 years from the date of the change to the scheme, meaning that victims only have until June 2021 to register the claim.
Alistair Smith, and the civil litigation team at Watson Woodhouse, were at the forefront of the fight to have the same roof rule overturned so that victims of abuse could claim compensation.
Speaking about the delays, Alistair said: “a logjam had been created because those now eligible were given only two years to apply to the Criminal Injuries Compensation Authority. The staff at the CICA are very good. The problem is there just aren’t enough of them.”
Due to the time limits and the delays in compensation being processed, we are urging anyone who feels they are eligible to come forward and claim the compensation they so rightly deserve.
The same roof rule
The CICA scheme was amended in 1979 to allow more people to be able to claim but did not apply to offences committed before 1979. It was for this reason that the Court of Appeal in the case of our client JT v First Tier Tribunal and Others were asked to consider whether the rule in place before 1979 was compatible with the Human Rights Act (HRA), specifically Article 14 on the prohibition of discrimination.
Fighting on behalf of our client JT, a lady from Teesside, the team successfully challenged the rule after the Court of Appeal examined the CICA scheme and found it was incompatible with the HRA based on the fact that children living with their family were treated differently and less favourably by the CICA scheme without any good justification.
The rule was formally scrapped in February 2019, with the opportunity to apply for compensation opening on the 13th of June 2019.
How we can help
As the solicitors who led this fight and were successful in overturning the rule, we have specialists in this field and an in-depth understanding of the challenges that survivors can face having challenged this rule in the Court of Appeal.
With vast experience, and an excellent track record of achieving results, we provide both a professional, and personal service, tailored to the needs of the individual clients’ case.
If you have been victim of abuse under the same roof rule then please get in touch with Alistair Smith in our civil litigation department today to see how we can help you. Our empathetic and hardworking team of solicitors will do all they can to ensure that you are given the compensation you deserve, and we operate on a No Win, No Fee basis.
Call us free on 01642 247656 or visit our website https://www.watsonwoodhouse.co.uk/service/abuse-claims-advice/same-roof-rule/ for more information.