40Time for making, and duration of, applications

#### 40 Time for making, and duration of, applications 40 Time for making, and duration of, applications > > (1) Except as provided by this section, an application for financial support or a recognition payment must be duly made within 2 years after the relevant act of violence occurred or, if the victim was a child when the act of violence or act of modern slavery occurred, within 2 years after the day on which the child concerned turns 18 years of age. > > > (2) An application for financial support or a recognition payment may be made by a family victim more than 2 years after the relevant act of violence that resulted in the death of the primary victim occurred if it was only established (whether or not by a court) that the primary victim died as a direct result of the relevant act of violence subsequently to the occurrence. > > > (3) In the circumstances described in subsection (2), an application for financial support or a recognition payment may be duly made within 2 years after it is established that the primary victim died as a direct result of the relevant act of violence. > > > (4) (Repealed) > > > (5) An application for a recognition payment in respect of an act of violence or act of modern slavery involving domestic violence, child abuse or sexual assault must be duly made within 10 years after the relevant act of violence or act of modern slavery occurred or, if the victim was a child when the act of violence or act of modern slavery occurred, within 10 years after the day on which the child concerned turns 18 years of age. > > > (6) Claims may continue to be made under an application that is duly made in respect of an act of violence or act of modern slavery until whichever of the following first occurs— > > > > > (a) the expiration of the period of 5 years after the application is made, > > > > > (b) the total maximum amount of financial support that the victim is eligible to receive under this Act in respect of that act of violence or act of modern slavery has been given. > > > (7) This section (other than subsection (6)) does not apply to an application for financial support, being for financial assistance of a kind specified in the [Victims Rights and Support Regulation 2019](/view/html/inforce/current/sl-2019-0398), clause 10(3)(b) or (d), or a recognition payment for a person who is a primary victim of an act of violence that occurs in the course of the commission of a sexual offence against the person when the person is under 18 years of age. There is no time limit on when such an application can be made. > > **s 40:** Am 2018 No 30, Sch 5.7\[9A\] \[12\]; 2018 No 34, Sch 1 \[4\]–\[6\]; 2023 No 7, Sch 1.21\[1\].