7. Subject to section 5, an application for initial assessment may be made by a person referred to in section 8(2) to a person referred to in section 9 alleging that—

(a) injuries inflicted on a member or former member were as a result of a malicious incident, or

(b) the death of a member or former member was as a result of a malicious incident (whether or not that member or former member has received compensation for the injuries suffered as a result of the malicious incident).