Personal injury compensation claims

Withholding or Reducing an Award

Compensation can be withheld or reduced in certain circumstances.  The CICA is Government funded on the basis that the public are sympathetic and compassionate towards the victims of crime, therefore if an applicant is considered to be morally undeserving compensation may be refused.  Compensation may also be withheld or reduced in the following instances:

  • When the applicant has failed to report the incident to the police;
  • When the applicant has failed to sufficiently co-operate with the CICA or the Police;
  • Where the applicant has behaved inappropriately either before, during or after the incident;
  • Where State benefits or an insurance payout has been received in respect of the incident;
  • Where compensation from a civil or criminal claim has been received; or
  • Where the applicant has unspent criminal convictions.

In the case of an applicant who has unspent criminal convictions and reduction will be based upon a system of penalty points. The more serious the offence and the more recent conviction the more penalty points attracted.  The number of penalty points attracted relate to a percentage reduction in the award.  The below table details the relationship between the penalty points and the percentage reduction:

Number of Penalty Points

Percentage Reduction %

0 – 2

0

3 – 5

25

6 – 7

50

8 – 9

75

10 +

100

As mentioned the number of penalty points attracted relates to the nature of the offence and how long ago it occurred.  The table below shows the correlation between the two:

Sentence Period between date of sentence and date application is received Number of Penalty Points
1. Imprisonment for more than 30 months (a) Period of sentence or less 10
(b) More than (a) but less than sentence plus 5 years 9
(c) More than (b) but less than sentence plus 10 years 7
(d) More than sentence plus 10 years 5
2. Imprisonment for more than 6 months but not more than 30 months (a) Period of sentence or less 10
(b) More than (a) but less than sentence plus 3 years 8
(c) More than (b) but less than sentence plus 7 years 6
(d) More than sentence plus 7 years 2
3. Imprisonment for 6 months or less

 

(a) Period of sentence or less 10
(b) More than (a) but less than sentence plus 2 years 5
(c) More than sentence plus 2 years 2
4. Fine over £250

 

(a) Less than 2 years from sentence 3
(b) More than (a) but less than 3 years from sentence 2
(c) More than 3 years 1
5. Community Order, or another order or contract made as a penalty by the court (a) Period of the order or contract or less 3
(b) More than (a) and up to 2 years after the period of the order or contract 2
(c) More than 2 years after the period

of the order or contract

1
6. Fine of £250 or less, Compensation order, or Conditional discharge (a) Up to 2 years from sentence 2
(b) Over 2 years from sentence 1

It is also possible to bring about a claim on behalf of a child or protected party and many of the above principles apply equally however specialised advice will be available to you if you are intending on bringing about such a claim.