Publication
F/54397 (9 September 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
File number - F/54397
Criminal Injuries Compensation Tribunal
Applicant: [ ] in respect of [ ] Deceased
Date of incident: [ ]
Date application received: [ ]
On the [ ] the Deceased [ ] was shot, resulting in his death. The Applicant was the Deceased’s partner. At the date of death the Applicant had [ ] dependents: [ ] [ ], [ ] [ ], [ ] and [ ]. The incident was reported to An Garda Síochána. The Deceased had [ ] previous convictions including [ ].
Paragraph 20 of the Scheme provides:
“20. 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. No applications may be accepted by the Tribunal where the event giving rise to the injury took place more than two years prior to the date of application”.
While the application was received outside of the 3 month time limit allowed for under the Scheme the Tribunal finds that there are exceptional circumstances exist so as to extend the time and admit the application into the Scheme.
The Applicant submitted a summary of payments received by her between the [ ] and the [ ] which included a payment for €2,915.20 for one parent family payment. No further details were submitted in respect of social welfare payments received despite the Applicant having been asked to submit all documentation in support of her claim by letter dated [ ] and [ ] and submitting that she was not working for a period of time. Payment in respect of child benefit of €560 was also received. It is noted that child benefit would be payable to the Applicant regardless of the Applicant’s circumstances and the payment is not related to the criminal injury. The Applicant received a bereavement grant in the sum of €2,000. A P60 showing the Deceased’s earnings for the year ending [ ] shows that he was paid €27,664 gross less €2,247 in tax amounting to €25,417 net in [ ]. The Applicant submitted an estimate of the costs for the funeral of the Deceased which amounted to €6,000 in total. The Applicant submitted a quotation in respect of the grave amounting to €4,000. The Applicant submitted medical expenses in respect of herself from [ ] to [ ], however these were not accompanied by any medical report. The Applicant submitted receipts from [ ] in the sum of €31.39 on the [ ], a further receipt in the sum of €224.73 on the [ ] and another receipt for €2,036.57 for the [ ].
The Applicant submitted a letter dated the [ ] which confirmed that the Applicant [ ] was employed as a [ ] with [ ] from the [ ] until the [ ]. It states that [ ] returned to work with [ ] on the [ ] and that she did not work for the period from the [ ] to the [ ] and returned to work on the [ ]. It states that [ ] was working on average 40 hours per week; her hours dropped when she returned to work and she now works on average 20 hours per week. The Applicant submitted that the receipts submitted to the Tribunal were in respect of items that had to be replaced as they had to vacate the house and buy everything new as they were living in fear at that time. The Applicant submitted that they did not keep receipts in respect of everything they had to buy at the time as they did not realise that they were important.
The Applicant only submitted one P60 and therefore there is insufficient information to conclude that the deceased had been working earning €25,417 net per annum for a number of years prior to his death. In the circumstances the Tribunal awards one years’ net earnings in the sum of €25,417 this sum is to be reduced by the Single parent family payment that was paid to the Applicant of €2,915.20 amounting to €22,502. The Tribunal awards €10,000 in respect of funeral and head stone cost estimates furnished and €900 for sundry expenses relating to the funeral less €2,000 paid as a bereavement grant amounting to €8,900. The Tribunal does not make any award in respect of the Applicant’s loss of earnings as the jurisdiction of the Tribunal is to award pecuniary losses arising from the personal injuries suffered by the deceased. Further, the Applicant has not submitted any medical evidence in respect of the medical bills submitted or any P60s in respect of any losses that she may have sustained nor is there any information furnished in respect of social welfare received during the period the Applicant was not working. The Tribunal makes no award in respect of expenses at [ ] as the Tribunal does mate make awards in respect of material losses.
The Tribunal awards €35,000 in solatium to be divided as follows: €15,000 to the applicant and €5,000 to [ ]. The Tribunal directs that the sum of €5,000 in respect of [ ] to be invested by the Tribunal in an An Post account and held in their names and the Secretary to the Tribunal until the Minor reaches 18 years of age. On attaining 18 years of age the Minor or her authorised agent may request the Tribunal to transfer the An Post Certificate into his/her sole name [ ].
The total award to be made in respect of the application is €66,402. €46,402 is to be paid to the Applicant, €5,000 to [ ], and €5,000 is to be invested in the name of [ ] as detailed above.
Dated: 9 September 2022
Signed: Mema Byrne BL