52685 (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: 52685

Date of incident: [ ]

Date of application: [ ]

Decision outcome: The application is refused under paragraph 21 and 11 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 original Scheme, dated the [ ], and received by the Tribunal on the [ ], the Applicant stated that he suffered an attack in the toilets in [ ].

3. There is no Garda report on file in relation to the said alleged attack.

4. Furthermore, there are no medical reports or vouched expenses.

5. The Applicant did not bring this application within three months of the alleged crime and is therefore not within the time limit for bringing such a claim.

6. Paragraph 21 states that ‘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. The Applicant is three days outside of the time limit and he has not provided a reasonable explanation as to why he did not submit the application on time.

8. In the circumstances, the Applicant’s claim cannot be admitted to the scheme.

9. Further or in the alternative, Paragraph 11 of the original scheme states that ‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise’.

10. The Applicant, in this case, has not provided any reasonable assistance to the Tribunal in terms of submitting a full overview of vouched information in relation to out of pocket expenses, nor is there any medical report on file.

11. A letter was sent to the Applicant on the [ ], seeking further information from the Applicant and there is no response to this letter.

12. Two further letters were sent to the Applicant on the [ ], and on the [ ], and no response was received by the Applicant. The Tribunal finds that the Applicant has not provided any reasonable assistance to the Tribunal.

13. In the circumstances the Applicant’s claim must fail for the reasons set out above.

Majella Twomey

Criminal Injuries Compensation Tribunal

27 May 2022