Application to the Criminal Injuries Compensation Scheme and decisions
Application to the Criminal Injuries Compensation Scheme and decisions
On 30 November 2022, WS applied to CICA for criminal injuries under the 2012 Scheme. This was more than two years after the date of the incident on 25 August 2019.
On 01 June 2023, CICA decided that WS had provided insufficient evidence to show there were any exceptional circumstances preventing him applying for compensation within the two-year period provided by paragraph 87 of the 2012 Scheme. CICA decided not to extend the time limit under paragraph 89 of the 2012 Scheme. It therefore decided WS was not eligible for criminal injuries compensation.
On 05 July 2023, WS asked CICA to review its decision. On 02 October 2023, CICA confirmed its decision that WS was not eligible for compensation because he had not applied within the time limit required by paragraph 87 of the 2012 Scheme. CICA decided that WS’s stated lack of knowledge of the 2012 Scheme was not evidence of exceptional circumstances to allow it to extend time under paragraph 89 for his application to be made.
- Heading
- I grant WS’s application for judicial review of the decision of the First-tier Tribunal (Social Entitlement Chamber) dated 22 March 2024 under Tribunal case reference 1703-8625-5480-4261 The Upper Tribunal’s order is
- REASONS FOR DECISION
- Factual background
- Application to the Criminal Injuries Compensation Scheme and decisions
- Appeal to the First-tier Tribunal
- Grounds on which I granted permission to bring judicial review proceedings
- The parties’ submissions
- Why there was no oral hearing of this matter
- Legal framework
- Analysis
- Conclusions
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