23741 (27 May 2022)

The Criminal Injuries Compensation Tribunal

In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted

Decision of a Single Member

Name of applicant: [ ]

Application number: 23741

Date of incident: [ ]

Date of receipt of application: [ ]

Decision outcome: No compensation payable as the application was received after the time limit provided in Article 20 of the Scheme, and further a failure to give all reasonable assistance under Article 10 of the Scheme.

1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).

2. In his application for compensation under the Scheme, received on [ ], the applicant (who was born on [ ]) outlined that he was assaulted at [ ], on [ ]. He describes how he was assaulted by an unknown assailant who hit him over the head from behind. His tibia and fibula and cheekbone were fractured.

3. No medical report was submitted. The applicant claimed a loss of earnings of €3,200. No vouchers or receipts were supplied.

4. A Garda Report dated [ ] was supplied to the Tribunal.

(a) Article 20 – time limit

5. Article 20 of the Scheme provides as follows:

“Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury. No applications may be accepted by the Tribunal where the event giving rise to the injury took place more than two years prior to the date of the application.”

6. As the application form was received on [ ], it was not submitted within the time permitted under the Scheme.

7. There is no explanation supplied by the applicant for why the application form was not submitted within the three months provided for under the Scheme.

8. In the circumstances I find that there are no circumstances supplied to the Tribunal which justify exceptional treatment and I therefore do not admit the claim for consideration.

(b) Article 10 – obligation to give all reasonable assistance to the Tribunal

9. The Tribunal wrote to the applicant on [ ], seeking further information from the applicant and also confirmation by [ ] that he wished to proceed with the application. There was no response to this correspondence.

10. The applicant has not replied to correspondence in relation to his claim before the Tribunal. Therefore, I find that he has not given all reasonable assistance to the Tribunal as required under Article 10 of the Scheme.

11. I therefore decline to make any award.

Elizabeth Maguire

Criminal Injuries Compensation Tribunal

27 May 2022