Claiming Criminal Injuries when someone had died. Part Two: Child and Dependency Payments

Further to my last blog outlining the compensation payable under the criminal injuries scheme when someone had died, here I look at Child and Dependency awards in more detail.

Child Payments 

Who can claim a child payment? 

Under the Criminal Injuries Compensation Scheme it is possible to claim an amount for a child who was under 18 at the time of the person’s death, and was reliant on the person who has died for “parental services”. This means it is not strictly limited to a someone with an immediate child/ parent relationship; there could for instance be a foster child or adopted child who was reliant on the person who has died. 

How much money will be awarded for a child payment? 

The amount the child is able to claim will depend on their age; the younger the child the more the CICA will award. 

A child can be awarded £2000 per year from the date their parent has died until the date they turn 18 years old. The CICA can also consider directly incurred additional expenses if these are deemed to be reasonable. 

What happens with any payment and how is a child represented? 

A child’s payment is paid as a lump sum by the CICA. Any child making a CICA claim would need to be represented by a parent, or legal guardian. The awards are routinely held in trust until the child turns 18. 
If there are specific additional losses these can be considered. Please ask a CICA specialist if you wish to discuss this

Dependency Payments 

Who can claim a dependency payment? 

A dependency payment is made to a qualifying relative who was financially or physically dependent on the person who has died. This is often, but not limited to, a spouse or civil partner. 

A partner who loses their loved one, when they also relied on them for money or care is left in a very difficult position. These claims can be from either spouse, but an example would be a wife, who worked in a business owned by her husband before he died. A claim could also be made for physical dependency where a deceased husband was his wife’s main carer. 

A financial dependency payment will not be made where the deceased main source of income came from social security benefits. 

How are dependency payments calculated? 

The scheme sets out how the claims officer will calculate the payment. A dependency payment is worked out for a period of time starting from the date the relative has died and ending either when a child turns 18, or for an adult, ending on the date the person who has died would have reached state retirement age. The are some circumstances that can also affect the date the time period ends.

How much will the CICA pay? 

The amount of the dependency payment is calculated at a rate equivalent to SSP (Statutory Sick Pay) per week for the whole length of time between their loved ones death and the end point (generally state retirement age). 
The dependency payment is made as a lump sum and the calculation is adjusted to reflect the fact that the money is all being paid at once.

A dependency payment made for someone who was physically dependent on the person who has died, such as relying on them for nursing care, is assessed as if it were an expense like a home help or a nurse and the scheme sets out how this is assessed.

Hopefully, this helps to explain some of the less common awards that are payable under the Scheme but if you have any questions or there are any topics you would like covering in our blogs then please do let us know. 

To contact a Criminal Injuries Compensation specialist at Winston Solicitors call 0113 320 5000 or email @email