53099 (3 September 2023)

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: 53099

Date of incident: [ ]

Date of application: [ ]

Decision outcome: Application refused under Paragraph 21 of the Scheme.

1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The Applicant has submitted a completed application form in respect of his claim which was received by the Tribunal on [ ].

2. The Applicant was socialising in his family pub in [ ] on [ ] when he was assaulted by a man he knew. The assailant bit the Applicant’s ear and pulled the Applicant off his chair onto the ground. Whilst on the ground the assailant bit the Applicant over the eye. The Applicant has provided a short medical report confirming his injuries.

3. It appears that the assailant was prosecuted but the Tribunal is unaware of the outcome of these proceedings.

4. The Applicant has made a claim for loss of earnings (unvouched) and out-of-pocket expenses. Some receipts have been furnished to the Tribunal however the relevance of these receipts has been questioned by the Tribunal in correspondence with the Applicant.

5. The Tribunal last heard from the Applicant in [ ] (having heard nothing since [ ]) where the Applicant undertook to furnish his p60’s from [ ] and [ ] as previously requested by the Tribunal. The Tribunal wrote to the Applicant on [ ] and [ ] seeking further information from the Applicant but no response was received to either letter. Accordingly, the application was sent to a Tribunal member for decision.

6. Paragraph 21 of the Scheme states:

‘Applications should be made as soon as possible but, except in the circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury…’

7. In the instant case the Applicant suffered his injury on [ ]. His application should therefore have been received by the Tribunal no later than [ ]. It was in fact received on [ ], some ten months after the expiry of the three-month time limit. The Applicant states at paragraph 2(f) of his application form (reasons for delay in submitting the application form) that ‘the court just came off on the [ ]’ which the Tribunal understands to mean that court proceedings finished on that date. There is no onus on any applicant to wait until the conclusion of court proceedings, if any, before submitting their application. The fact of court proceedings does not stop time for the purposes of Paragraph 21 of the Scheme. The Tribunal further notes that the Applicant did not submit his application immediately after the conclusion of court proceedings in any event and it was not received until over a month after the Applicant states that proceedings finished.

8. In the instant case the Tribunal does not find any circumstances exist such as could allow the Tribunal to grant the Applicant’s application exceptional treatment as per Paragraph 21 of the Scheme. In the circumstances, the Tribunal refuses to admit the application pursuant of Paragraph 21 of the Scheme.

9. N/A.

10. N/A.

11. N/A.

12. Nil.

Marc Murphy

Criminal Injuries Compensation Tribunal

3 September 2023