Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 18 (AAC)

Fecha: 28-Jul-2021

Section 10

28.

The tariff to the scheme provides, so far as relevant to physical abuse—

“TARIFF OF INJURIES – PART B: SEXUAL AND PHYSICAL ABUSE AND OTHER PAYMENTS
Description of injury		Level	Standard Amount £
Fatal criminal injury
Single qualifying relative		B9	11,000
Multiple qualifying relatives		B6	5,500
Physical abuse of adults, including domestic abuse
Note [5]: Where a person has sustained a number of injuries as part of a pattern of abuse, payment will normally be made to reflect the pattern of abuse, based on the most serious injuries in the pattern, rather than each separate injury. An exception may be made where a single injury sustained as part of the pattern of abuse would give rise to a higher tariff payment than that for the abuse, in which case the higher payment may be made instead of the award for the pattern of abuse. Whether injuries have arisen as part of a pattern of abuse will be assessed by reference to all the circumstances, including whether there was one or more assailants (and whether they acted together), the nature of the injuries and incidents, and the period in which they occurred.
Serious abuse
	- intermittent physical assaults resulting in an accumulation of healed wounds, burns or scalds, but with no appreciable disfigurement	B3	2,000
Severe abuse
	pattern of repetitive violence resulting in minor disfigurement	B6	5,500
Persistent pattern of severe abuse over a period more than 3 years		B8	8,200”

29.

As to loss of earnings payments, paragraph 43 of the scheme provides—

“43.
(1) The first condition is that as a direct result of the injury for which the applicant is eligible for an injury payment they have no or very limited capacity for paid work.
(2)
The second condition is that the applicant:
(a)
was in paid work on the date of the incident giving rise to the injury, or, in the case of a series of incidents, at any time during the series;
(b)
had been in regular paid work for a period of at least three years immediately before the date of the incident giving rise to the injury; or
(c)
had a good reason for not having been in regular paid work for the period mentioned in paragraph (b).
(3)
For the purpose of this paragraph, a person will be considered to have a good reason for not having been in regular paid work if, for example, they were unable to work because they were in full-time education, or by reason of their age or caring responsibilities.”.