Until 13 June 2019, victims of assault or abuse occurring between 1 August 1964 and 1 October 1979 could not claim criminal injuries compensation where the assailant/abuser was a family member (the one roof rule). This was to prevent the assailant/abuser from financially benefiting from the assault/abuse.
However, due to recent court cases, the one roof rule was found to breach the victim's human rights and so the rule has now been scrapped.
Under this new legislation anyone that has previously been denied compensation under the rule will be able to make a new application, which under the one roof rule was prohibited.
Victims who did not claim previously
Where a victim did not claim criminal injuries compensation because of the one roof rule they are also now eligible to apply.
Claimants who have previously claimed
Where a victim claimed and was either denied compensation or awarded reduced compensation because of the one roof rule, such claimants are now eligible to re-apply to the CICA.
How long do you get to apply?
Under this new legislation, victims will now have two years to make their application to CICA.
Can the CICA accept a late claim?
Yes, they have a discretion to accept these, but they will only use that discretion in very limited circumstances and the only certain way to protect your right to claim is to apply within the two year time limit.
Victims Minister, Edward Argar said: "The same-roof rule was unfair and we recognise the impact this had on victims whose applications were refused simply because they lived with their attacker.
"Whilst no amount of compensation can make up for the immense suffering caused by such appalling crimes, by abolishing the rule we are widening access to much needed support and continue to review the entire scheme so it better supports victims.
"Improving support for victims is at the very heart of this government's work and through our Victims Strategy we are determined to improve their experience at every stage of the justice system."
We have a specialist team which deals with historic abuse claims. If you think you may have a claim, please contact us to discuss the matter on 0800 988 8082 or complete our online enquiry form and a member of our specialist team will get back to you right away.
