Claiming lost income from the CICA

Under paragraph 43 of the 2012 Scheme an applicant who is eligible for an injury payment will be able to claim lost income if as a direct result of the injury the applicant has no or very limited capacity to undertake paid work.

In addition the applicant must show that:

(a) they were in paid work at the date of the incident or at any time during the series of incidents if such is appropriate;

(b) they have been in regular paid work for a period of at least three years immediately before the incident; or

(c) had a good reason for not being in regular paid work for the period of three years prior to the incident.

A good reason is stated as being in full-time education, their age or their caring responsibilities.

In incidents involving sexual assault at a young age, it may be that the applicant has never worked. As the series of incidents or incident of abuse took place prior to their ability to earn then they will still be able to make a claim for loss of earnings even though they have never been in regular employment.

Loss of earning payments begin on the first day of the 29^th week. The first 28 weeks are discounted.

A loss of earnings claim can cover earnings before and after an application is made, i.e. both past and future lost earnings.

Past loss of earnings are calculated by Statutory Sick Pay rates multiplied by the number of weeks that the applicant was unable to work.

Future lost earnings are based on the same calculation, i.e. the weekly rate of Statutory Sick Pay multiplied by the number of weeks’ absent from work. Loss of earnings are then discounted in accordance with the table set out in Annex F of the 2012 Scheme.

We offer sympathetic but practical advice: