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Difference between revisions of "Crime Victim Assistance Program (4:III)"
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Crime Victim Assistance Program (4:III) (view source)
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The decision regarding eligibility and entitlement to benefits involves a two-step process in which the adjudicator first determines whether the person is an eligible applicant and then determines what benefits, if any, will be provided. The decision will be made in writing and will set out the factors considered in making the determination. | The decision regarding eligibility and entitlement to benefits involves a two-step process in which the adjudicator first determines whether the person is an eligible applicant and then determines what benefits, if any, will be provided. The decision will be made in writing and will set out the factors considered in making the determination. | ||
=== 4. Limitation Period === | |||
Generally, an application must be made within one year of the date of the offence or event. There are exceptions to the one-year time limit, as follows: | |||
*if the offence involves a sexual offence, there is no time limit for making an application (other than that the offence must have occurred on or after July 1, 1972). | |||
*if the applicant is a minor, they have one year from the date they turn 19 to make an application. There is no time limit for the victim if the offence is a sexual offence. However, a minor does not have to wait until they are 19 to make a claim. Minors can submit an application on their own and do not need a parent or guardian to apply on their behalf. A parent or guardian may also submit an application for the minor. | |||
The Director also has discretion to extend the one-year time limit if satisfied that the application could not reasonably have been made within one year from the date of the offence or one year from the date the applicant turned 19. | |||
=== 5. Denials or Reductions in Benefits === | |||
Benefits can be denied if: | |||
*the victim does not meet the eligibility criteria; | |||
*the victim was a party to the offence that caused their injury or death; and/or | |||
*they fail to cooperate with law enforcement authorities. | |||
Benefits can be denied or reduced if: | |||
*the benefits are available from another source for a same or similar purpose; and/or | |||
*the applicant contributed to the circumstances giving rise to the injury or death. | |||
=== 6. Payment of Benefits === | |||
Payments can be provided directly to the service provider, such as a counsellor, or as reimbursement to the applicant for expenses that were incurred prior to the decision being completed. Some applicants are eligible for income support or lost earning capacity benefits that are provided on a monthly basis. | |||
=== 7. Does the Alleged Offender Have to Be Charged or Convicted? === | |||
A police report is '''not''' required and it is not necessary for an offender to be identified, charged or convicted in order for an applicant to be eligible for benefits. Where the victim has not reported the offence to the police, information from a witness or someone the applicant disclosed the incident to, or a report from a health care professional, counsellor, social worker or other agency may be accepted as supporting evidence of the offence. | |||
=== 8. Co-operation with Law Enforcement === | |||
Since the Program is part of the criminal justice system and is a publicly funded program, there is an expectation that the victim will cooperate with the police and Crown counsel in order to hold offenders accountable. There are some exceptions in relation to issues of non-cooperation, but in general, benefits may be denied or reduced if the applicant has no reasonable basis for failing to cooperate with law enforcement. | |||
=== 9. Prior Claims with the Criminal Injury Compensation Program (CICP) === | |||
Applications received prior to June 30, 2002 will have been adjudicated under the ''CICA'' by the CICP. Once a final determination was made under the ''CICA'', ongoing administration of the claim transfers to the CVAP and any further reviews for reassessment or reconsideration will be conducted in accordance with the ''CVAA''. | |||
If a person was receiving a pension from the CICP, they will remain eligible for an ongoing pension, subject to the same conditions and limitations, except where there is a change in circumstance such that their injury improves or worsens. In cases where there is a change in their condition, their claim will be reviewed under the provisions of the ''CVAA''. | |||
=== 10. Type of Reviews === | |||
Once an original adjudication is completed, there are two types of reviews available. Under s 12 of the ''CVAA'', if there is new information available or there has been a change of circumstance that could affect the applicant’s eligibility for benefits, a '''reassessment''' decision can be completed. | |||
Under s 13 of the ''CVAA'', an applicant or their legal representative may request the Director to reconsider a decision. This request must be made in writing, identifying the error made in the decision to be '''reconsidered''' and be delivered to the Director '''within 60 days''' from the date the decision was made. | |||
The Director may extend the time limit for making the request for reconsideration if satisfied that a request for reconsideration could not reasonably have been '''delivered''' within the limitation period. Note that since the legislation restricts consideration to whether or not the request could have been “delivered” within the requisite time period, there are limited grounds for an extension (e.g. interruption of mail service, the applicant moved and the decision was returned to the program for re-direction, etc.). | |||
A reconsideration decision is considered final and conclusive and is not subject to further review except by way of a '''judicial review'''. The legislation provides that an application for judicial review on a question of law or excess of jurisdiction must be brought not later than '''60 days''' after the decision is made. The application is made to the provincial or territorial Superior Court (e.g., Supreme Court of British Columbia). Once the application is accepted, the Superior Court decides whether to set aside the adjudicator’s decision and to order for a re-hearing. Winning at the judicial review hearing is not a guaranteed win at the new adjudicative hearing. For more information, consult [https://judicialreviewbc.ca/wordpress/wp-content/uploads/2016/09/Judicial-review-guide-PLUS-App-A_Nov-52015.pdf this]. | |||
{{REVIEWED LSLAP | date= August 7, 2020}} | {{REVIEWED LSLAP | date= August 7, 2020}} | ||
{{LSLAP Manual Navbox|type=chapters1-7}} | {{LSLAP Manual Navbox|type=chapters1-7}} | ||
