50440 (11 July 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: 50440

Date of incident: [ ]

Date of application: [ ] (received by the Tribunal [ ])

Decision outcome: The application is refused under para 21.

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 form, the applicant stated that he had suffered injury as a result of being assaulted at [ ], on [ ] at approximately 00.10 hours. In his application form, the applicant stated that, going to the assistance of his niece who had been assaulted, he was stabbed with broken bottles by two individuals. The applicant sustained facial cuts and abrasions. He was taken to [ ] Hospital where he received treatment for his injuries. In a letter from An Garda Síochána, which was attached to the Garda report, dated [ ], it was confirmed that no proceedings eventuated as a result of the incident.

3. The applicant’s solicitors were written to by the Tribunal to request information in support of his claim, to include original receipts and out of pocket expenses. No response to the correspondence having been received, on [ ], the Tribunal wrote to the applicant to advise that unless the outstanding information was provided on or before [ ], the file would be sent to a Member for decision.

4. No response to the letter was received by the Tribunal from the applicant or his solicitor.

5. The applicant’s application for compensation was received by the Tribunal on [ ].

6. Paragraph 21 of the Scheme states:

‘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.’

7. As can be seen, the application was required to have been made to the Tribunal by the applicant promptly and not less than three months from the date of the incident. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the Tribunal considers that the circumstances which resulted in the late submission of the application justify exceptional treatment.

8. In this instance, the application form ought to have been lodged with the Tribunal no later than by [ ]. In the event, although the application form was dated [ ], it was not received by the Tribunal until [ ]. As such, it was lodged approximately one month late.

9. No reasons were advanced by the applicant to explain why the application form was lodged outside the tree-month period as set out in paragraph 21 of the Scheme.

10. Having carefully considered the matter, the Tribunal could identify no circumstances justifying exceptional treatment which would permit the exercise of its discretion in favour of admitting the application under the Scheme.

11. The Tribunal therefore refused to admit the application under paragraph 21 of the Scheme.

12. For the avoidance of doubt, had the application been admitted under the exceptional treatment provision contained in paragraph 21, the application would have been refused under paragraph 11 of the Scheme on the basis that the applicant had failed to provide all reasonable assistance to the Tribunal in the furtherance of his claim.

13. NA

14. NA

15. NA

16. Nil.

Conor Heaney

Chairperson, Criminal Injuries Compensation Tribunal

11 July 2022