Publication
50489 (10 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: 50489
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: The application refused under Article 20 of the Scheme.
1. Mr. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. The applicant’s date of birth is [ ]. In his application for compensation under the Scheme, received on [ ], the applicant stated that he had been assaulted in [ ] by an unknown assailants. He and family members had been going to a family member’s apartment after [ ]. The group was set upon by a group of youths. The applicant received injuries to his arm, his upper body, his finger, and his head. He stated that he had four days in hospital. A statement by Detective Garda [ ] was supplied. No medical report was supplied.
3. The applicant stated on his application form that he had not suffered any loss of earnings. He stated that he had to pay for prescription charges, and he said that he had paid for parking when attending hospital. No receipts were supplied.
4. The applicant stated that the reason for the lateness of the application was that he was “misinformed” and he said he was told that as he lived in [ ] he could not make a claim to the Tribunal. He said further that he could not bring himself to “put into words what happened that terrible night”.
5. The applicant made an application for compensation dated [ ], which was received by the Tribunal on [ ].
6. Article 20 of the Scheme states:
‘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. As can be seen, the application was required to have been made to the Tribunal by the applicant promptly and no less than three months from the date of the incident. In this instance, the application ought to have been lodged with the Tribunal no later than by [ ]. The application was received by the Tribunal on [ ]. As such, it was received approximately two and a half years after the incident.
8. There is an onus on an applicant who makes a claim under the Scheme to submit it in accordance with paragraph 20. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme in circumstances which would justify exceptional treatment.
9. Having carefully considered the evidence addressing the applicant’s reasons for not submitting his application in a timely fashion, I am not persuaded that the reasons advanced for the late submission of the application form amount to circumstances which would justify exceptional treatment, and permit the exercise of the discretion in favour of admitting the application under the Scheme.
10. I therefore refuse to admit the application under Article 20 of the Scheme.
11. I therefore decline to make any award.
Elizabeth Maguire, Criminal Injuries Compensation Tribunal
10 May 2022