Question to the Ministry of Justice:

To ask the Secretary of State for Justice, pursuant to the Answer of 9 May 2019 to Question 248641, what criteria the Criminal Injuries Compensation Authority uses to determine who cannot afford the cost of providing initial medical evidence up to a maximum cost of £50.

The criteria used by the Criminal Injuries Compensation Authority in determining whether an applicant cannot afford the cost of obtaining medical evidence is outlined in its internal guidance. This states:

If the applicant tells us they cannot afford to obtain medical evidence we may meet the cost of doing so and deduct it from any award we make, up to a maximum of £50. However, before we do so you should ask the applicant for evidence of their inability to meet the cost. You should consider all the relevant circumstances in deciding whether you accept the applicant cannot afford to pay for the medical evidence. Some factors you should consider include:

• whether they are relying solely on any of the benefits listed [as Jobseeker’s Allowance or low-income benefits on gov.uk];

• whether they have a low income and are in receipt of any of the tax credits as listed [on gov.uk]

• whether they earn less than the minimum amount needed to qualify for Statutory Sick Pay as evidenced by a pay statement or letter from their employer or, if self-employed, copies of their most recent tax returns; or

• whether they are struggling to manage significant debts, bankruptcy or insolvency.