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NEWSFLASH: Criminal Injuries Compensation

2019-06-13 14:40:19

From today, 13 June 2019, the ‘same roof rule’, previously denying awards for criminal injuries compensation, for family violence before October 1979 has been abolished.

Anyone previously denied criminal injuries compensation because they were living with a member of the same family who caused the abuse or injury before 1979 can now claim compensation: even if they applied and were rejected before.

The changes to the Criminal Injuries Compensation Scheme come about as a consequence of litigation through the courts, including Legal Services Agency’s case for Monica Allan, in which the Supreme Court confirmed the approach taken by the Court of Appeal in ‘JT’.

On a practical basis the abolition of the same roof rule means that the victims of serious crimes of violence that took place before October 1979 have an opportunity to apply for the first time or apply again if they had previously done so.

All the other tests apply to such applications.  This will include showing what happened, that the matter was reported to the police and what injuries whether physical or emotional occurred as well as whether there are any ‘add on losses’ caused by the injury such as an inability to work for any length of time if indeed not permanently.

Detailed research may be required as well as skilled advocacy: the process of a successful application and maximising the award is rarely merely a matter of filling in the relevant forms, although of course, that comes into it.

Legal Services Agency has taken a lead in this issue and we are very pleased to receive referrals: for an appointment simply telephone 0141 353 3354 or call at LSA’s free Criminal Injuries Compensation drop-in surgery every Wednesday afternoon from 2pm to 4pm at 3rd Floor, Fleming House, 134 Renfrew Street, Glasgow, G3 6ST.

In appropriate cases home visits can be arranged.

The Government’s press release is here for your information.