Fatal Criminal Injuries & Bereavement Awards

If you are a qualifying relative of the person who has died as a result of a criminal assault, you may be eligible for a dependency payment under the CICA scheme. To be eligible for bereavement and dependency payments you must be a ‘qualifying relative’.

A qualifying relative is a person who at the time of the deceased’s death was:

• The wife, husband or civil partner of the deceased, who was living with the deceased in the same household.
• The partner of the deceased (other than a spouse or civil partner), who was living with them in the same household and had done so for a continuous period of at least two years immediately before the date of the death.
• A child of the deceased, regardless of age.
• A parent of the deceased.
• The spouse or civil partner, or a former spouse or civil partner, of the deceased who was financially dependent on the deceased.

The definition of ‘child’ is not limited to a person below the age of 18. It includes adult children and a child of the deceased born after the incident.

A claimant must be able to provide evidence to show that the deceased was making a financial contribution to their upkeep.

Currently, CICA bereavement awards are currently set at £11,000 where there is one qualifying relative. Where there is more than one qualifying relative, awards are paid at £5,500 to each individual, regardless as to how may relatives qualify for an award.

If you are a qualifying relative and the deceased was your main carer you may be eligible for a dependency payment. Examples of physical dependency are getting help with:

• Personal hygiene (toileting/bathing).
• Food preparation and eating.
• Medication and simple treatments.
• Keeping you safe from harm.

In addition to bereavement payments, the CICA can make the following additional payments to qualifying relatives:

• Funeral payments
• Child’s payments
• Dependency payments

Currently the scheme provides for a minimum basic payment of £2,500 towards funeral costs where a person has died as a direct result of injuries inflicted by a crime of violence.

An additional discretionary award for further costs up to £2,500 may be available where these costs are considered reasonable, and the claimant can provide receipts.

The flat rate funeral payment of £2,500 can be made as soon as eligibility has been established.

The further payment of up to £2,500 may be payable where the particular circumstances mean that the flat rate will not cover the funeral costs. The total amount of a funeral payment cannot exceed £5,000.

The funeral expenses may include items such as:

• Provision of a funeral.
• Tombstone.
• Flowers.
• Newspaper announcements.
• Funeral breakfasts / non-alcoholic refreshments.
• Memorials.
• Transporting the deceased back to their country of origin.

If the child was under 18 at the time of death and dependent on the deceased for parental services then a child dependency award can be made to recognise the loss of:

• Love and affection.
• Care and supervision.
• Being taken to and from clubs and activities.
• Treats.

The award is calculated from the time of the deceased’s death up until the day before the child’s 18th birthday. The payment is currently £2,000 for each qualifying year.

Payments can be made in advance, annually, to the person who has parental responsibility for the child or as a lump sum when the child reaches the age of 18. Interest will also be added to the final lump sum.

A dependency payment may be made to a qualifying relative who at the time of the deceased’s death was financially or physically dependent on the deceased. A qualifying relative is deemed as being physically dependent on the deceased if the deceased was their main carer.

The period to which a dependency payment will relate begins on the day of the death.

The period to which a dependency payment will relate ends on whichever is the earliest of:

• In the case of a qualifying relative who is a child under the age of 18, the day before their 18th birthday.
• The day upon which the deceased would have reached state pension age;(the date on which, before the incident giving rise to their criminal injury, the deceased’s life would have been expected to end.
• The expected end of the qualifying relative’s life; or
• The 50th anniversary of the date of death.

The amount payable will be the weekly rate of statutory sick pay and the weekly amount will be divided in equal shares between each qualifying relative who is eligible for a dependency claim.

The dependency payment will be made in a lump sum.

If you are a ‘qualifying relative’ and you suffered, for example, moderate to severe post-traumatic stress disorder (PTSD) as a direct result of witnessing a fatal attack, or the immediate aftermath of the attack, on a loved one then you could be entitled to a further criminal injuries compensation award.

At Hudgell Solicitors we understand how those awful scenes will remain with a person forever and have a profound and debilitating effect on their mental health. Often we will seek the advice of independent experts for a long-term diagnosis to support their CICA claim. This has been the case for those who lost loved ones in the Manchester Arena terror attack.

We also, on behalf of clients, ask the CICA to review and appeal decisions where initial claims have been unsuccessful or unsatisfactory. With expert opinions, those decisions can be overturned.

Applicants who disagree with a CICA decision can request a review and, if still dissatisfied, can appeal to an independent panel.

Once again, Hudgell Solicitors are experts in Criminal Injuries Compensation Awards, and the success of a claim could depend on the evidence you submit.

Generally speaking, a claim should be made within two years from the date of the incident. There are however exceptions to this rule, so always take advice, no matter how long ago the incident was.

Exceptions can be made if there were exceptional circumstances, such as you not being well enough, either physically or mentally, to make a claim within that two-year window. The CICA will consider this on a case-by-case basis.

Compensation awarded by the CICA is based upon the evidence in a police report. The CICA may also have to consider other financial, medical and personal evidence you submit with your claim.

The Criminal Injuries Compensation Authorities (CICA) is a Government organisation, funded by the Ministry of Justice, which provides compensation for innocent victims of crime.