Claiming Criminal Injuries Compensation when someone had died

Under the Criminal Injuries Compensation Scheme a qualifying relative of someone who has died as a direct result of a criminal injury may be eligible for compensation.

Who is a qualifying relative? 

The scheme defines a qualifying relative as a parent, child or spouse of the person who has died. In some cases this also extends to partner, who is not a spouse. Brothers and sister of the person who has died are not considered as qualifying relatives.

The Criminal Injuries Compensation Scheme still follows the eligibility criteria used in the rest of the scheme for cases when someone has died. The person claiming should be ordinarily resident in the UK (with some exceptions) and should have no unspent criminal convictions on their own record. 

What can I claim for? 

The scheme provides for four types of award:

Funeral expenses 
Bereavement payments 
Child payments  
Dependency payments

What can I claim for funeral expenses? 

The CICA will pay the amount of £2500 for funeral expenses as a standard figure. They will also pay an additional £2500 (taking the total to maximim of £5000) for expenses reasonably incurred. In practice this means the funeral directors costs (up to the maximum figure) can be recovered, along with items such as flowers. The “reasonably incurred” condition means they will not pay for expenses such as the release of doves as part of the ceremony, or the cost of alcohol at a wake.

What is a Bereavement Payment?

The family of a person who has died as a result of a crime are able to claim a bereavement payment. If only one qualifying relative exists they can claim an award of £11,000 from the CICA. 

When more than one person is eligible each person may be able to claim an award of £5,500 from the CICA. 

The claims officer will make enquiries to check how many potential qualifying relatives there may be. 

Child Payments and Dependency Payments 

I will cover the circumstance when Child and Dependency awards are payable in my next blog. 

Getting help after someone has died

It can be very difficult for a family to deal with a loss of a loved one in any situation, but when they have died as a result of a crime it is particularly traumatic. The “Tell Us Once” service from may be useful and more details can be found about this on the www.gov.uk website.

If you want legal advice about whether you may be entitled to an award after someone had died our expert CICA team will be able to advise you and can assist you in making that application. 
 

You can contact a specialist at Winston Solicitors on 0113 320 5000 or email cicamessages@winstonsolicitors.co.uk.