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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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== | == A. The ''CVAA'' Does Not Apply to All Offences == | ||
The ''CVAA'' applies to offences involving violence, as opposed to property-related offences. The list of offences for which the ''CVAA'' applies is set out in the Schedule of Offences that can be found in Schedule 1 of the ''Crime Victim Assistance (General) Regulations''. The ''CVAA'' does not apply where the injury or death of the victim occurred: | The ''CVAA'' applies to offences involving violence, as opposed to property-related offences. The list of offences for which the ''CVAA'' applies is set out in the Schedule of Offences that can be found in Schedule 1 of the ''Crime Victim Assistance (General) Regulations''. The ''CVAA'' does not apply where the injury or death of the victim occurred: | ||
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== | == B. Who is Eligible and What They May Receive == | ||
== | === 1. Victims === | ||
Under this Act, “victim” means a person who is injured or killed as a direct result of either a prescribed offence or when acting as a “good Samaritan” while: | Under this Act, “victim” means a person who is injured or killed as a direct result of either a prescribed offence or when acting as a “good Samaritan” while: | ||
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== | === 2. Immediate Family Members === | ||
Immediate family members may be eligible for the following benefits: | Immediate family members may be eligible for the following benefits: | ||
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== | === 3. Witnesses === | ||
"Witness" is a person who, although not necessarily related to a victim, has a strong emotional attachment to the victim and who: | "Witness" is a person who, although not necessarily related to a victim, has a strong emotional attachment to the victim and who: | ||
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== | == C. Application for Benefits == | ||
The application forms are available from the CVAP (contact information is at the beginning of the chapter under '''Resources''') or from any police department, victim service program, and many community agencies. They are also available on the [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/if-you-are-a-victim-of-a-crime/victim-of-crime/financial-assistance-benefits Victim Services page of the Ministry of Justice website]. | |||
The CVAP staff will then obtain a police report of the incident (if the matter was reported to the police) and other supporting documents. When describing what happened on the application form, an applicant should give a general but clear statement of the event, and then make reference to the police report for additional details. They should include on the application: | The CVAP staff will then obtain a police report of the incident (if the matter was reported to the police) and other supporting documents. When describing what happened on the application form, an applicant should give a general but clear statement of the event, and then make reference to the police report for additional details. They should include on the application: | ||
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== | == D. 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: | 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: | ||
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== | == E. Denials or Reductions in Benefits == | ||
Benefits can be denied if: | Benefits can be denied if: | ||
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== | == F. 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. | 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. | ||
== | == G. 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. | 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. | ||
== | == H. 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. | 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. | ||
== | == I. 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''. | 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''. | ||
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== | == J. Types 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. | 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. | ||
