Factual background and CICA’s decisions
Factual background and CICA’s decisions
In October 2021, TB applied to CICA for compensation for a crime of violence on 17 June 2014, when she stated she was subjected to a sexual assault by her then husband. Her application was made outside than the two-year time limit provided for under the Criminal Injuries Compensation Scheme 2012 (“the 2012 Scheme”).
On 16 November 2022, CICA decided that TB had provided insufficient evidence to show there were any exceptional circumstances preventing her 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 to TB. It therefore decided TB was not eligible for criminal injuries compensation.
TB asked CICA to review its decision. On 10 November 2023, CICA confirmed its decision that TB was not eligible for compensation because she had not applied within the time limit required by paragraph 87 of the 2012 Scheme. CICA decided that although TB had described experiencing poor mental health as a result of the incident, and described GP visits, it was not satisfied this demonstrated exceptional circumstances to accommodate the delay in TB making her application.
- Heading
- I grant TB’s application for judicial review of the decision of the First-tier Tribunal (Social Entitlement Chamber) dated 31 May 2024 under Tribunal case reference 1706-1101-1273-9711 The Upper Tribunal’s order is
- REASONS FOR DECISION
- Factual background and CICA’s 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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