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D. Re-opening under the 2012 Scheme
D.Re-opening under the 2012 Scheme
The outcome of this case depends on the interpretation and application of these provisions of the 2012 Scheme:
Eligibility: injuries for which an award may be made
A person may be eligible for an award under this Scheme if they sustain a criminal injury which is directly attributable to their being a direct victim of a crime of violence committed in a relevant place. The meaning of crime of violence is explained in Annex B.
Annex A defines a criminal injury as ‘an injury which appears in Part A or Part B of the Tariff in Annex E’.
Further payment on re-opening of an application
A claims officer may re-open an application after a final award has been made, including when the award followed a direction by the Tribunal, in order to make an additional payment where a condition in paragraph 115 is satisfied.
The conditions referred to in paragraph 114 are:
a person who has accepted an award subsequently dies as a result of the criminal injury giving rise to the award; or
there has been so material a change in the medical condition of the applicant that allowing the original determination to stand would give rise to an injustice to the applicant.
An application may only be re-opened under paragraph 114:
within two years after the date on which the Authority received the notice of acceptance of the determination, or the date of the Tribunal’s direction to make an award; or
if later, with supporting evidence which means that the application can be determined without further extensive enquiries by a claims officer.