HJ v First-tier Tribunal (Social Entitlement Chamber) with CICA as interested party (CIC): [2025] UKUT 271 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 11 August 2025.
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Judicial Summary
The Applicant claimed a bereavement payment under the 2012 Criminal Injuries Compensation Scheme following the murder of her partner. The case turned on whether the Applicant met the test for being a “qualifying relative”. CICA refused her claim on the basis of paragraph 59(b) of the Scheme. The First-tier Tribunal (FTT) unanimously found on the facts that the Applicant had not been “living with [her partner] in the same household and had done so for a continuous period of at least two years immediately before the date of the death” (paragraph 59(b)). The FTT also ruled, but by a majority, that the Applicant was not “a person who would satisfy sub-paragraph (a) or (b) but who did not live with the deceased because of either person’s ill-health or infirmity” within paragraph 59(c). The Upper Tribunal refused the application for judicial review of the FTT’s decision.