The Criminal Injuries Compensa...

The Criminal Injuries Compensation Authority (CICA) ‘Same Roof Rule’ is to be abolished!

Posted : 12th March 2019

What is the ‘Same Roof Rule”?

The Criminal Injuries Compensation Scheme was introduced in 1964 to Compensate innocent Victims of Crimes of Violence. However, Paragraph 19 of the 2012 Scheme stated that:

“An award will not be made in respect of a criminal injury sustained before 1 October 1979 if, at the time of the incident giving rise to that injury, the applicant and the assailant were living together as members of the same family.”

This section essentially denied Compensation to victims of violent crimes which took place before 1979 if the attacker was someone they were living with at the time of the incident.

Our client’s Court of Appeal Success

Watson Woodhouse Limited challenged this rule on behalf of a lady from Teesside who originally approached the University of Teesside for help and assistance. After a successful challenge the Court of Appeal found that the ‘pre-1979’ rule unlawfully discriminated against our client. Subsequently, it was decided in Parliament that this unfair and discriminatory rule is to be taken out of the Criminal Injuries Compensation Scheme completely.

What this means for Victims and survivors?

This now means that all victims of sexual and physical assault between 1964 and 1979 can apply for compensation.

If you were the victim of a crime by someone you were living with between 1964 and 1979 you may now be able to make a successful application to the CICA.

What should somebody do who thinks they are impacted by the “Same Roof Rule” change?

Speak to Watson Woodhouse Solicitors who have specialists in this field and an in-depth understanding of challenges that survivors can face having challenged this rule in the Court of Appeal.

You may be able to claim even if you have previously applied and been rejected.

Cases can be conducted under a “No Win No Fee” agreement.

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