Publication
51192 (9 August 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: 51192
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. On the [ ], the applicant, claims that he was assaulted by two unknown men at or near [ ]. He sustained a cut to his arm and hand.
3. The incident was reported to [ ] Garda Station. The alleged offenders were never found.
4. The applicant received treatment from his GP, Dr [ ] in [ ].
5. The applicant was [ ] student at the time in [ ]. Accordingly, he sustained no loss of earnings. He claims that he was unable to return to his studies and lost his grant and the course registration fee of approximately €2,200.
6. While it is noted that the applicant has put forward a letter from [ ] confirming the applicant was a student in [ ] between [ ] and [ ], the applicant has failed to put forward any vouchers in respect of any out-of-pocket expenses claimed.
7. Paragraph 11 of the (pre-April 2021) 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” [emphasis added]. Therefore, the duty under paragraph 11 extends to providing the Tribunal with vouchers, documentary proof of any losses claimed, and all relevant information requested, to enable the Tribunal to sufficiently progress and conclude the claim.
8. The Tribunal wrote to the applicant’s solicitor on the [ ] and requested details of any out-of-pocket expenses. No response was received from the applicant to any of the Tribunal’s correspondence.
9. The applicant has not corresponded with the Tribunal since September [ ], almost [ ] years ago.
10. Unfortunately, it is not within the remit of the Tribunal to award compensation for pain and suffering. The Tribunal can only make awards in respect of vouched out-of-pocket expenses. The applicant has failed to sufficiently vouch and prove that he incurred any out-of-pocket expenses. Regrettably, in such circumstances, it is not possible to make any award to the applicant.
11. In circumstances where the application has not proven his claim in respect of out-of-pocket expenses, it is not necessary for the Tribunal to make any further determinations on the other provisions of the Scheme that might apply to this matter.
David Culleton
Member of the Criminal Injuries Compensation Tribunal
9 August 2022