[2024] UKUT 208 (AAC)

This case deals with CICA’s power to re-open an application for a material change in medical condition under paragraphs 114-116 of the Criminal Injuries Compensation Scheme 2012. In particular, it concerns the correct interpretation and application of condition in paragraph 115(b).

I also comment on the decision of the Court of Appeal in R v Criminal Injuries Compensation Board, ex parte Williams [2000] PIQR Q339.

The tribunal considered and rejected an argument based on discrimination. This was a ground of appeal before the Upper Tribunal. In view of my decision on paragraph 115(b), it is not necessary to refer to that alternative argument. To avoid any doubt, the whole of the First-tier Tribunal’s decision has been quashed. If the discrimination argument, or a different one, arises before the First-tier Tribunal at the rehearing, it has jurisdiction to decide it.

I have not admitted or relied on any evidence that was not before the First-tier Tribunal.