Countdown Begins On Two Year Window For Claims

Victims of violent crime who were living with their abuser before 1 October 1979 are being urged to seek the help and support they need after the ‘same roof’ rule denying them compensation was scrapped on 13 June.

The Criminal Injuries Compensation Authority (CICA) team at Irwin Mitchell has welcomed the move which previously blocked people from receiving compensation because their attacker was a family member they were living with at the time of the incident. Anyone affected is now free to apply again, but with just a two year window for applications, the clock is already running for would be claimants.

The decision to abolish the ‘same roof’ rule follows a government review in the wake of a Judicial Review decision on a case last year. As part of a Victims Strategy launched in 2018, Ministers have recognised the unfairness of the rule, but the challenge now is to help those who qualify, or were rejected in the past, seek the redress they are now entitled to.

While the rule was amended in 1979 so future victims would not be prevented receiving compensation, it was not made retrospective, leaving some to miss out on compensation they would otherwise have been entitled to, until new legislation abolished the rule.

Expert Opinion

“Scrapping the ‘same roof’ rule is welcome, if overdue. It’s a first step righting a historical wrong, but can’t help unless victims know about the change and come forward. The rule was particularly unfair to child abuse victims, who in many cases, had little choice but to live under the same roof as their abuser.

“A dedicated team at the CICA means applicants will not have to repeat their traumatic experiences to multiple people, but victims will still need to meet the scheme requirements and eligibility criteria. Our CICA team has extensive experience in helping people navigate the process. “No amount of money can right such terrible wrongs, but victims finally have a two year window of opportunity, in which to seek justice and redress.” Samantha Burnard - Solicitor

“A dedicated team at the CICA means applicants will not have to repeat their traumatic experiences to multiple people, but victims will still need to meet the scheme requirements and eligibility criteria. Our CICA team has extensive experience in helping people navigate the process. “No amount of money can right such terrible wrongs, but victims finally have a two year window of opportunity, in which to seek justice and redress.”