Publication
F/53813 (6 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 - Fatal Injuries
Single Member Decision
made on the 6th day of February 2020
File No. F/53813
Application of: [ ] (the Applicant)
Date of death of [ ] Deceased: [ ]
Date of Application: [ ]
Date Application received: [ ]
The Applicant's brother died on [ ] in tragic circumstances at the [ ] who [ ], and later pleaded guilty to [ ] and was sentenced to [ ].
The Tribunal requested the Applicant to make submissions regarding the circumstances of the late filing of this fatal application, which it has carefully considered.
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 3 months after the event giving rise to the injuries.
This application was significantly late and not in fact received by the Tribunal until [ ] almost a full year post fatal injury.
The Tribunal is asked to determine the circumstances of this late application as justifying its exceptional treatment.
The Applicant submits that she was not aware of the Tribunal and in any event was unfit to apply due to grief and trauma of the homicide and subsequent trial, after which she was informed of the Scheme.
The Tribunal is required to consider the circumstances of a late application, not the circumstances of a fatal injury nor of a bereavement, when determining whether its exceptional treatment is justified. The Tribunal has no discretion in this regard under the Scheme and the Tribunal has no power to extend the time for making applications.
The Tribunal is not satisfied that the circumstances of this late application justify its exceptional treatment and must therefore reject it. The Tribunal notes that every fatal injury, whether criminally inflicted or not, is extremely traumatic for relatives and friends of the deceased loved one.
The Tribunal notes further that lack of awareness or knowledge of a scheme, rule or entitlement is not of itself a reason to except the application of a limitation on the availability of that scheme, rule or entitlement to an applicant.
The Tribunal believes that to admit this late application would be unfair to most applicants who apply within 3 months and to the small number whose applications have been rejected as late.
The Tribunal, on its own behalf and on behalf of the Minister for Justice and Equality, wishes to express our sincere condolences to the Applicant and her family on their most tragic loss of their brother.
Made this 6th day of February 2020
Signed [ ]