The Same Roof Rule
- April 15, 2021
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The same roof rule. Last chance for the victims of the ‘same roof rule’ as applications to the CICA have to be made by 13th June 2021.
The Same Roof Rule.
Victims of historic abuse who due to the “ same roof rule’ were ineligible for an award from The criminal injuries compensation authority have less than two months to either apply for the first time or reapply if their original application was rejected.
The CICA is a government-funded organisation that make payment for the victims of violent crime.
Prior to October 1979, when the rule was abolished, the authority did not make payments to victims who lived with their attacker. The hindsight of over 40 years make such a statement almost unbelievable. It meant that a child victim of either sexual and/or physical abuse was denied an award in case the perpetrator of the crime should directly or indirectly benefit from the award. No evidence of benefit to the perpetrator was required. The mere fact that they lived under the same roof was enough to deny an award. Likewise a person who was assaulted by their spouse or partner who, for whatever reason was unable to leave their abuser, was again denied an award; the very award that may have allowed them to leave the abusive relationship and move on.
Whilst a progressive step forward was made when the rule was abolished in 1979 it was not retrospective. This led to a situation whereby for example; were two siblings had been abused by the parents one may obtain an award if their abuse continued after October 1979 but the other, whose abuse ended prior to 1979 would not receive an award.
Many years of campaigning finally led to the retrospective abolition of this outdated and unfair rule on the 13th of June 2019.
The CICA have stated that those who have been denied compensation as a result of the rule would now have their claims recognised but that such applications are subject to a cut-off point of the 13th of June 2021. This reflects the standard two-year limitation period for making an application to the authority. Any application made after that will not be recognised except in exceptional circumstances.
Making an application
If you, a family member, or anyone you know was a victim of abuse either physical or sexual, and was either rejected by the CICA or did not make an application due to the rule being in place then they need to act quick. In the absence of a discretion to extend this deadline a failure to apply within time will prevent an award from being made.
The authority will still require evidence of the abuse, at the very least they will require evidence that the matter was reported to the police at some point.
If you would like assistance with the lodging of an application for historic abuse please get in touch with us. We are able to offer a no-win no-fee service in relation to such matters.
To see how we can help get in touch with us today:
call: mike massen on 0113 224 7804