Publication
53083 (10 February 2020)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal - General Scheme
Single Member Decision
made on the 10th day of February 2020
File No. 53083
Application of: [ ] (the Applicant)
Date of incident: [ ]
Application date: [ ]
The Applicant suffered injury when he [ ] while chasing what he believed was a burglar from his home. The matter was investigated by An Garda.
Article 21 of the Scheme requires that applications 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 injuries.
This application is late, having been made more than a year after the injury.
The Tribunal is requested to determine the circumstances of the late application as justifying its exceptional treatment. The circumstances outlined by the Applicant are that he had to return home to [ ] in [ ] for work and [ ]. He also submits that he did not get legal advice on this Scheme until [ ] the date of the application.
The Tribunal is not satisfied in the circumstances of this late application that its exceptional treatment is justified and the Application is therefore not admitted. It is not clear to the Tribunal how the need to return home to [ ] [ ] prevents or impedes an application under the Scheme. Lack of legal advice on a scheme or entitlement is not and never has been a reason to avoid the application of a limitation, as to time or otherwise, on a person's access to such scheme or entitlement. And the Tribunal considers that to admit this late application in such unexceptional circumstances would be unfair to most applicants who apply within 3 months of injury and to the few whose applications have been refused as late.
In circumstances where the Application is not admitted, it is not necessary for the Tribunal to consider or make any determination or assessment as to whether the Applicant's losses, if any, were attributable to a crime of violence, as required.
Signed: [ ]
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