Compensation Agency Questions

Am I eligible for Criminal Injuries Compensation?
A: You should consider applying for compensation from the Agency if you can answer "Yes" to any of the following questions:
- Have you been physically or mentally injured because of a violent crime and did the crime take place on or after 1 May 2002?
- Has your parent, child, husband, wife or partner died as the result of a violent crime and did he or she die on or after 1 May 2002?
- Do you have a close relationship with another person who has been the victim of a violent crime and were you present when the crime took place, or involved immediately afterwards and have you suffered a mental injury as a result of the attack on that person and did the crime take place on or after 1 May 2002?

What is the Personal Injury Tariff Scheme?
A: On 1 May 2002 the way in which you could apply for Personal Injury Compensation changed. There are 2 main types of compensation under the new scheme; a personal injury award and a bereavement support payment.

What does a personal injury award entail?
A: This means that you may:
- receive payment for your own personal pain and suffering, whether mental or physical;
- Be able to claim if someone very close to you sustained physical or mental injury as a result of a violent crime and this caused you mental injury.

What is meant by bereavement support payment?
A: You may be entitled to a bereavement support payment:
- If your parent, child, husband, wife or partner has died as the result of a violent crime, to acknowledge your loss (currently £12,000 for all claimants);
- If you depended financially on the person who died;
- For funeral expenses.

Are there any time constraints to applying for a personal injury?
A: Yes. Within 48 hours you must:
- Report the incident to the police. When you report the incident to the police, you will be given a 'command and control number' (which you will need for your application form) and;
- Seek medical attention.

Any delay in reporting the incident or getting medical help, may affect your claim.

Who can help me fill in the personal injury application form?
A: In applying for compensation you can:
- Complete the form by yourself;
- Complete the form with the help of Victim Support. Victim Support can help you with this free of charge, but can only offer assistance with criminal injuries claims. You may wish to contact Victim Support directly for further information on how to receive this help;
- Pay a solicitor to complete the form for you. Please be aware that legal aid is generally not available for this.

How can I get a personal injury application form?
A: There are two types of application forms available under the Personal Injury Tariff Scheme; one for personal injury and one for fatal injury:

1. The Personal Injury application form can be obtained by contacting:
- The Compensation Agency,
- Your local police station,
- Victim Support offices,
- Citizens Advice Bureau.

2. The Fatal Injury application form can be obtained from the Compensation Agency only .

In which type of cases will the Agency pay criminal damage compensation?
A: For compensation to be paid out by the Agency, there must have been physical damage caused to property.
Compensation is payable for non agricultural property, where it can be shown that the damage was caused:
- Unlawfully, maliciously or wantonly by 3 or more persons unlawfully, riotously or tumultuously assembled together; or
- As a result of an act committed maliciously by a person acting on behalf of, or in connection with, an unlawful association.
In the case of agricultural property, compensation is payable if the damage was caused maliciously or wantonly.

Can I apply for Criminal Damage Compensation?
A: Anyone who has an interest in the property that has been damaged in any of the circumstances described above and who suffers a loss of more than £200 because of that damage, may apply for compensation.

What can be compensated for?
A: Criminal damage compensation claims may include the following:
- Cost of repairs or reinstatement or reduction in market value of property;
- Damage to stock, contents, fixtures and fittings;
- Consequential loss, e.g. loss of profits or rental of alternative accommodation or bank interest arising from extra costs incurred as a direct result of the damage;
- Damage to vehicles.

What cannot be compensated for under the criminal damage scheme?
A:- Any damage to, destruction or theft of coins, bank notes, foreign currency, postal orders, money orders, or any postage stamps;
- Any articles of personal adornment, including watches and jewellery unless kept by the owner as part of stock in trade; or
- Property taken from a damaged vehicle or building except in certain circumstances, e.g. if the property was stolen from a damaged building in the course of a riot.

How can I apply for criminal damage compensation?
A:- A 'Notice of Intention to Claim Compensation' form must be sent to the Compensation Agency, the PSNI and other interested parties within 10 days of the incident and further;
- An application form to claim compensation must then be completed and sent to the Compensation Agency within 4 months of serving the Notice of Intention on the Compensation Agency.

Who can help me fill out the application form?
A: Unlike the new Criminal Injuries Compensation Scheme 2002, Victim Support is not funded to help you fill out your application form. However, under the criminal damage compensation scheme, you may wish to seek legal advice. If your claim is successful, the Compensation Agency will pay reasonable legal costs in your case.

Am I eligible for compensation under the Terrorism Act 2000?
A: Compensation will be paid out by the Agency in cases where property is damaged, requisitioned or removed for examination under the Terrorism Act 2000.
And can I apply?
The owner or anyone who claims to have an interest in the damaged property can apply for this type of compensation.

What can be compensated for under the Terrorism Act 2000?
A: Compensation is payable for damaged caused by the security forces to fences, agricultural produce, machinery, motor vehicles, livestock, buildings (both residential and business), their contents, plus fixtures and fittings and consequential loss, where liability has been established.

What cannot be compensated for under the Terrorism Act 2000?
A: Compensation will not be paid where:
- Liability has not been established by the Agency;
- Ammunitions/firearms/transmitters etc. are found during searches, and when charges are brought against the applicant or person having an interest in the claim;
- Damage is the result of negligence on behalf of the army;
- Damage is the result of helicopter activity and;
- There have been house searches carried out under PACE and Prevention of Terrorism Acts.