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Criminal Injuries Compensation

CICA The New Scheme | CICA Time Limits | CICA Loss of Earnings | CICA-Appeals

Criminal Injuries Compensation

Loss of Earnings

Claimants under the new Criminal Injuries Compensation scheme will be concerned about the change to the way in which loss of earnings is calculated.

Under the 2001 Scheme the loss of earnings, which was payable only after 28 weeks, was one and a half times the gross average in industrial earnings. It now appears that the calculation of the loss of earnings will be, again, only made after 28 weeks and will

“not exceed one and a half times the medium gross weekly earnings at the time of assessment according to the latest figures covered by the Office of National Statistics.”

It is unclear as to what exactly this figure is but it is feared that many working individuals may lose out as this will not reflect their actual loss. Unfortunately no attempt appears to have been made to calculate loss of earnings so as to truly reflect the actual loss of earnings by the applicant as would be the case in civil claims. The concern here is that a high earner will be very prejudiced by the way in which a calculation will be made by the CICA.

However a most welcome change to the Scheme is the extension to paragraph 35 of the Scheme in relation to special expenses. This has now been expanded to include the cost of an application to the Courts in respect of an application under The Adults With Incapacity Act 2000. This is particularly good news as the costs of making such an application are extremely costly.