Publication
22701 (28 May 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
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: 22701
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 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, received by the Tribunal on the [ ], the Applicant claims he was assaulted at a chip van in [ ] on the [ ]. He said that he received head and face injuries.
3. There is a Garda letter on file, received on the [ ]. The report states that the Applicant was assaulted at a chip van. However, no criminal proceedings had been instituted at the date of the report. The Applicant had no criminal convictions.
4. There is no medical report on file. Civil proceedings were pending at the time of making the application.
5. The is a receipt for €66 for the HSE and a prescription receipt on file.
6. The Applicant brought this application within three months of the alleged crime and is therefore within the time limit for bringing such a claim.
7. 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’.
8. The Applicant in this case has not provided any reasonable assistance to the Tribunal in terms of submitting a full overview of his case including vouched expenses. There are no medical reports on file.
9. There was a letter on file dated the [ ], asking the Applicant for documentary evidence and vouching. However, no response was received.
10. There is a further letter dated the [ ], from the Tribunal asking the Applicant if he wished to pursue his application. There was no response to this letter.
11. There was another letter dated the [ ], asking the Applicant if he intended to pursue the claim and requesting that he communicate with the Tribunal but the [ ]. No response was received.
12. The Applicant has not provided reasonable assistance to the Tribunal in relation to this claim, despite a number of requests. In the circumstances, where the Applicant has failed to engage with the Tribunal since [ ], the Tribunal finds that this must fail.
Majella Twomey
Criminal Injuries Compensation Tribunal
28 May 2022