A child whose parent died before receiving compensation for a criminal injury has won a landmark appeal against the Criminal Injuries Compensation Authority (CICA), after Lisa Gafarova, one of our abuse law experts, successfully challenged its refusal to pay compensation.
CICA is the government body responsible for administering compensation to eligible victims of violent crime in England, Scotland and Wales and it initially rejected the child’s claim entirely.
The Tribunal ruling provides persuasive authority for how CICA should assess certain claims when someone dies before receiving their compensation. The decision could make a real difference to other families in similar circumstances.
Challenging CICA’s Decision
The case concerned a parent who had applied to CICA for compensation following a period of abuse. CICA had assessed the claim offer amount, but the parent died from an unrelated cause before the award was accepted and paid.
When the child sought the compensation, CICA refused the claim in its entirety. It argued that the child needed to meet additional financial dependency requirements under a different part of the Criminal Injuries Compensation Scheme and refused the award as the parent had been on social security benefits at the date of death.
Lisa challenged that interpretation at Tribunal, arguing that the rules governing this type of claim did not impose that additional requirement.
Tribunal Ruling Now Provides Persuasive Authority
The Tribunal agreed with Lisa’s argument, allowed the appeal and set aside CICA’s decision.
Its ruling clarifies the distinction between different types of payments under the Scheme and confirms that the financial dependency requirement relied upon by CICA should not be applied to claims of this kind.
The decision provides important persuasive authority for claims under the Criminal Injuries Compensation Scheme, clarifying how the rules should be interpreted when someone dies from an unrelated cause before receiving their assessed compensation.
The case has now been referred back to CICA to calculate the payment due to the child.
Helping Families Challenge CICA Decisions
Losing a parent is difficult enough without having to navigate complex compensation rules or challenge a decision that may be wrong.
This case highlights the importance of looking carefully at the rules behind a CICA decision, particularly where a claim involves a bereaved family member. Challenging an incorrect interpretation can make a significant difference to the individual involved and potentially to others in similar circumstances.
Our specialists will help victims of crime and their families navigate the CICA claims process, from understanding their eligibility to pursuing a claim or challenging a decision. If you need advice or support with a CICA claim, Call or Email us today.
