Criminal Injuries Compensation Authority (CICA) claims—the application process
Produced in partnership with Neil Sugarman of GLP Solicitors
Criminal Injuries Compensation Authority (CICA) claims—the application process

The following PI & Clinical Negligence practice note produced in partnership with Neil Sugarman of GLP Solicitors provides comprehensive and up to date legal information covering:

  • Criminal Injuries Compensation Authority (CICA) claims—the application process
  • Time periods for lodging the application
  • 2008 scheme
  • 2012 scheme
  • The application form
  • Assessing the application
  • Legal costs
  • Accepting the award

Time periods for lodging the application

A claimant has two years from the date of the incident to apply for compensation.

2008 scheme

Under the Criminal Injuries Compensation Scheme 2008, a claims officer may only waive the time limit where they consider that:

  1. it is practicable for the application to be considered

  2. in the particular circumstances of the case it would not have been reasonable to expect the applicant to have made an application within the two-year time period, and

  3. there are no specific exceptions for children

The burden is on the applicant to show that they did not fail to comply with a reasonable expectation that they would pursue a claim in a timely manner.

2012 scheme

Under the Criminal Injuries Compensation Scheme 2012 a claims officer may extend the time limit where satisfied that:

  1. due to exceptional circumstances the applicant could not have applied earlier, and

  2. evidence presented in support of the application means it can be determined without further extensive enquires by the claims officer

In the Scottish case of MM v CICA the Outer House found that the words ‘could not have applied earlier’ were apt to cover a wide range of possible meanings, from absolute impossibility (due eg to physical or mental incapacity) at one end of the spectrum to a situation, at the other, where due to any number of factors (such as distress, societal

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