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Levy & McRae Reports on UK Proposals to 2012 Criminal Injuries Compensation Scheme (CICS)

August 9, 2012

Proposed Changes

The UK Government have outlined proposals to reduce awards of compensation for people who have suffered injury in criminal cases. At this stage, the 2012 Criminal Injuries Compensation Scheme (CICS) is only in draft form before Parliament, however it is thought that the new rules may come into force as early as 30 September 2012. Enactment of CICS would, in effect, result in significant cuts in compensation for many victims of crime.

The present wording suggests that it is the date of the application, and not the incident, which shall determine which scheme applies, meaning that the CICS will potentially apply to all applications made after 30th September 2012. It would be prudent for anyone with a prospective CICA claim to make an application before this September date, to avoid potentially losing out on compensation.  In particular, the following changes are being proposed and therefore anyone with a prospective claim in these categories should seek immediate advice:

  1. Minor injuries – under proposed changes, applicants could receive no award or a significantly reduced award.
  2. Most applicants suffering from serious injuries may have suffered potential or actual wage loss. These applicants are likely to lose out under CICS provisions. The proposed reforms seek to set the rate of compensation as equivalent to statutory sick pay, which amounts to £85.85 per week. This means that this is the maximum weekly amount upon which wage loss compensation will be based.

Summary

The general indication is that the CICS proposal may result in a significantly lower compensation payout than under the current arrangements.  Should you have a potential claim, please do not hesitate to contact us as soon as possible for further information and advice.

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