[2024] UKUT 121 (AAC)

This is a judicial review of a decision of the First-tier Tribunal made on 1 February 2022 (“the FTT”). The FTT’s decision and this decision of the Upper Tribunal turn on rule 89 of the Criminal Injuries Compensation Scheme 2012 (“the 2012 Scheme”). Rule 89 provides as follows:

“89.

A claims officer may extend the period referred to in paragraph 87, 88 or 88A, where the claims officer is satisfied that: (a) due to exceptional circumstances the applicant could not have applied earlier; and (b) the evidence presented in support of the application means that it can be determined without further extensive enquiries by a claims officer.”

On appeal, it was for the FTT to reconsider afresh whether the test in rule 89 of the 2012 Scheme was made out on the evidence. An important issue which arises on this judicial review is whether the FTT was correct to conclude that the appellant’s ignorance of the criminal injuries compensation scheme was no defence and no excuse for her delay in making her application for compensation to the criminal injuries compensation authority (“CICA”).