What is the same roof rule?

Under Section 19 of the 2012 Scheme an award will not be made in respect of a criminal injury sustained before 1 October 1979, if at the time of the incident giving rise to that injury the applicant and the assailant were living together as members of the same family.

This rule has been challenged on a number of occasions. However it is still applicable and can lead to a situation whereby a child who is abused by a member of the family, will not be able to make a successful claim.

A modification of the Same Roof Rule provides that an award will not be made in respect of a criminal injury sustained on or after 1 October 1979 if at the time of the incident giving rise to the injury the applicant and the assailant were living together as members of the same family unless the applicant and assailant no longer live together and are unlikely to do so again.  In essence a victim of domestic violence who does not leave their violent partner is not eligible for an award.  The purpose of this provision (paragraph 20 of the Scheme) is to prevent an assailant benefiting from an award made to a victim.