Publication
53877 (15 January 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 15th day of January 2020
File No. 53877
Application of: [ ] (the Applicant)
Date of incident: [ ]
Application date: [ ] (but not received until [ ] [ ] )
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 was late, having been made almost 6 months after the assault and outside the time provided by the Scheme for making the application.
The application is dated [ ] but it was not notified to or received by the Tribunal until [ ].
The Applicant was requested in writing on [ ] to give reasons why she did not make the application within the 3-month period provided by Article 21 of the Scheme. The Applicant stated in reply that she did not apply sooner because she was not aware of the Scheme and that she did not know that she would otherwise have to pay her medical expenses.
No explanation is given why the application form is dated [ ] but not lodged until [ ].
It appears to the Tribunal that if the Applicant had signed the application on [ ] [ ] she must have been aware of the Scheme on that date and the application would not have been late had it been lodged when it was signed.
The Tribunal is asked to determine the circumstances of this late application as justifying its exceptional treatment.
The Tribunal is not satisfied in all the circumstances that the application justifies exceptional treatment and the Application is therefore not admitted. Even if the Applicant was unaware of the Scheme as claimed, lack of knowledge is not a circumstance that would justify exceptional treatment.
In circumstances where the application is not admitted, it is not necessary for the Tribunal to consider or make any determination or assessment of the claim in respect of medical expenses.
Signed: [ ]