CICA Special Expenses. Compensation for Criminal Injuries.
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The CICA '28 Week Rule' for Special Expenses.
The CICA criminal injuries compensation rules state at paragraph 35(1)
Where the applicant has lost earnings or earning capacity for longer than 28 weeks as a direct consequence of the injury (other than injury leading to his death), or, if not normally employed, is incapacitated to a similar extent, additional compensation may be payable in respect of any special expenses incurred by the applicant from the date of the injury.....
This means that if the applicant was able to retun to work, or would have been fit enough to return to work within the 28 weeks, then no special expenses will allowable by the CICA. No special expenses will be payable if you are off work for a few weeks or a few days.
When special expenses are allowable, the following may be recovered from the CICA:
Loss or damge to property or equipment belonging to the applicant on which s/he relied on as physical aid, where loss or damage was a direct consequence of the injury. Such as, spectacles, dentures, etc...
Costs (but not loss of earnings) associated by with NHS treatment, for example: travel to and from hospital, prescriptions. But the CICA would expect the applicant to make an application to the Benefits Agency in the first instance to find out if help with these expenses was available.
Cost of private health treatment. This will only be allowed by the CICA, where they believe that the costs were reasonable and that the treatment was not available under the NHS. If the treatment is available on the NHS, for example dental treatment, then it is unlikely that the CICA will allow this cost.
Reasonable costs may be allowed for wheelchairs, adaptation to vehicles, walking aids, kitchen implements that assist those with weakened grip and the like. Also the CICA may allow expenses for adaptations to the applicant's home to improve access and mobility.
The CICA will look carefully whether any special expenses can be awarded for care. This may be allowed if care is not available from the NHS, local authority or any other agency. The CICA may allow payment for care in the applicant's home but only after careful consideration of all other avenues.
Also, cost may be awarded by the CICA in respect of any application to the Court of Protection and or the Curator Bonis (a person appointed by the Scottish courts to look after the affairs of someone unable to manage their own affairs).
If you would like to make a CICA criminal injuries compensation claim, please telephone freephone 0800 169 3683. we can give you immediate advice.