Time Limits for CICA Claims: Your Questions Answered
When making a claim to the Criminal Injuries Compensation Authority (CICA), understanding the time limits is crucial. Missing a deadline can jeopardise your entitlement to compensation, so it is important to be clear about the rules and exceptions that apply. The following article aims to clarify the key deadlines and common exceptions to help victims navigate the claims process with confidence.
What is the standard time limit for submitting a CICA claim?
An application must be received by the authority as soon as reasonably practicable after the incident, however the standard time limit for submitting a Criminal Injuries Compensation Authority (CICA) claim is within two years after the date of the incident.
For applicants who were children (under 18) at the time of the incident, the deadline is extended, generally requiring the application by their 20th birthday or within two years after the first police report. This is providing the evidence allows for determination without extensive further inquiries. A claims officer may extend these time limits if satisfied that, due to exceptional circumstances, the applicant could not have applied earlier, and the supporting evidence enables determination without extensive further inquiries.
Are there exceptions to the two-year time limit?
Yes, there are several important exceptions where the CICA may consider a claim outside the two-year limit:
- Children and vulnerable adults: If the victim was under 18 at the time of the injury, the two-year limit does not start until their 18th birthday. Similarly, for adults lacking capacity due to mental health or other impairments, time limits may be extended or paused while the incapacity lasts.
- Exceptional circumstances: The CICA has discretion to waive time limits if there are exceptional reasons why the claim was not submitted earlier. This might include severe trauma, ongoing investigations, or other serious factors that prevented a timely claim. However, these are considered on a case-by-case basis and require strong justification.
- Delayed reporting to police: Where the injury was reported late to the police, the claimant benefits from the later start date of the two-year period, as mentioned above.
What happens if I miss the time limit?
If a claim is made after the deadline without valid reasons or exceptional circumstances accepted by the CICA, the claim will generally be refused on the grounds of lateness. This underscores the importance of seeking legal advice early to ensure claims are submitted promptly and correctly.
Can legal representation help with time limits?
Yes. A solicitor experienced in CICA claims can assist in preparing the claim within deadlines and, where necessary, argue for an extension based on exceptional circumstances. They can also ensure that the application is supported by all relevant evidence, helping avoid unnecessary delays.
Key points to remember
- The standard time limit is two years from the date of injury or police report, whichever is later.
- Victims under 18 have until their 20th birthday to claim.
- Exceptions exist for vulnerable adults and exceptional circumstances.
- Late claims without valid reasons risk refusal.
- Early legal advice can safeguard your claim and maximise your chances of success.
If you or a loved one has been injured as a result of a violent crime, do not delay. At Ison Harrison we work on a no win,no fee basis. Contact our specialist team for no obligation advice on CICA claims. We will help you understand your rights, deadlines, and how to make a strong application for the compensation you deserve.
Call us on 0113 284 5000 or email [email protected].
