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Explaining The 'Same Roof Rule'.....

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The 'same roof rule' is one that has come up in conversation quite often recently, but what is it? Tilly Bailey & Irvine law firm legal executive Gemma Tunney explains.....

Many of you may have heard the ‘same roof rule’ mentioned in the media lately, and here at Tilly Bailey & Irvine we have also reported on the subject.

The ‘same roof rule’ refers to paragraph 19 of the current Criminal Injuries Compensation Scheme.

The arbitrary rule prevents an award being made in respect of a criminal injury ‘sustained before 1st October 1979 if, at the time of the incident giving rise to the injury, the applicant and the assailant were living together as members of the same family’.

For those that have missed the much-welcomed news, it was decided in a recent case that the same roof rule was incompatible with human rights.

This Judgement however does not automatically change the current Scheme and does not immediately affect the cases of other applicants. That being said, the Justice Secretary has announced that a full review of the Criminal Injuries Compensation Scheme will take place and they are expected to report on the matter in 2019 with any recommendations for reform. One of the issues they will consider is the removal of the same roof rule.

At the moment the Criminal Injuries Compensation Authority (CICA) are pooling all claims together which would ordinarily fall within the same roof rule and are awaiting guidance from the Ministry of Justice on how to process the claims. It is expected that they will be given guidance at some point following the review.

If you have previously made an application to the CICA and were refused compensation on this ground, please contact ourselves as soon as possible to be added to our ‘Same Roof Rule Register’. We shall then be able to inform you about any changes to the current Scheme.

If you have decided against submitting a claim for Criminal Injuries Compensation because you feared you would be unsuccessful due to the same roof rule, please contact ourselves as soon as possible. We, and indeed the CICA, are advising applicants to continue to submit their claims, whilst the matter is being considered by the Ministry of Justice.

Do not delay in contacting Gemma Tunney from our Personal Injury department on 01642 356412. Alternatively, you can contact Adrienne Harris on 01429 405121. At our law firm, we are always happy to discuss matters further with you and get the very best for our clients.