Interims awards are awards of money made before the final determination (decision) is made about the claim for compensation. Interim awards are usually made because the applicant is in 'severe financial hardship' or is a family member of a homicide victim who is applying for funeral expenses.

However, the Assessor has discretion to make an interim award in circumstances that do not involve ‘severe financial hardship’ e.g. you cannot afford dental treatment for injuries resulting directly from the act of violence and have no private health insurance to cover the cost of the treatment. If you are claiming for medical treatment, you will need to provide quotes or receipts for the cost of treatment. It is very important that you explain any special or unusual circumstances which may assist the Assessor to make a decision in your favour.

severe financial hardship

You can apply for an interim award if you are in severe financial hardship. Proof of severe financial hardship must be provided. This might include an affidavit (a signed and witnessed statement) setting out assets, liabilities, income and expenditure and any other documents that show your financial situation. You should claim for an exact amount and provide proof of how that amount is to be used.

evidence

You will only receive an interim award if the Assessor is satisfied that you will receive compensation when the matter is to be finally determined. You must provide medical evidence to prove that you have suffered a compensable injury as a result of the act of violence (NB proving a compensable injury is not necessary for family members of a homicide victim). If the matter was reported to Police, the Tribunal will also obtain a report from the Police. This report will give the Tribunal information about the incident.

funeral expenses for the family member of a homicide victim

If you are a family member of a homicide victim, you may apply for an interim award to cover funeral expenses.

proof of treatment needed before the final determination

If the interim award is for medical treatment or other expenses, you should make sure that all the receipts for any expenses incurred are provided before the final determination (decision) of the claim. If the receipts are not provided, the assessor cannot make allowances for these expenses (section 18):

Example:

An applicant is the victim of an act of violence

1. Dental treatment is needed which will cost $5,000
2. The assessor makes an interim award for $5,000 based on a quote from the dentist
3. A few months later, the claim is listed for final determination
4. The assessor awards the applicant $7,500 as compensation for his injuries:

• If receipts have been provided in the sum of $5,000 to show that the dental treatment has been performed, then additional expenses in the sum of $5,000 are allowed. As $5,000 was previously paid at the interim stage then it is deducted from the total award of $12,500 (injury + expenses) and the applicant will receive $7,500 as compensation for injury.
• If receipts are not provided to show that the treatment has been carried out and the expenses have been incurred, then the assessor cannot award expenses. The assessor is only able to award $7,500 as compensation for injury. The $5,000 which was previously paid to the victim is deducted from the $7,500 and the victim will only receive $2,500

the final determination of the claim

Any interim award made will be deducted from the final award payment.

If an interim award is made but the application for statutory compensation is then dismissed, the amount of the interim award must be paid back to the Victims Compensation Fund Corporation by the applicant.

Relevant Legislation and Further Reading

s.33, Victims Support and Rehabilitation Act 1996

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