Publication
52117 (30 September 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: 52117
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 21 of the Scheme.
1. The Applicant, [ ] has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application for compensation under the Scheme, received on the [ ], the Applicant stated that he was injured on the street in [ ] city by a man who head-butted him. As a result, the Applicant ended up in hospital for ten days.
3. The matter was witnessed by a Garda at the time and there is a Garda report on file. The report is dated the [ ]. The report states that [ ] was on the beat on the morning in question and he saw a man called [ ] headbutt the Applicant into the face. The Applicant fell back and suffered injuries as a result. The injured party was conveyed to hospital where he remained for ten days, and the assailant was charged. There is nothing on file to state that the assailant was convicted and there are no medical reports.
4. The Applicant has submitted a number of vouched receipts relating to dental surgery and prescriptions amount to €1,290 and €7.81.
5. There was correspondence between the Tribunal and the Applicant in [ ], following a long gap in correspondence since [ ], and the Applicant confirmed that he wished to continue his claim.
6. Paragraph 21 is relevant in this case as the application was not made as soon as possible or within the three-month time limit.
7. The application, unfortunately, was submitted to the Tribunal on the [ ], just one day after the three-month time limit had expired.
8. Paragraph 21 states that ‘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’.
9. It is noted that the Applicant claims that he suffered serious injuries in the aftermath of the incident and that he was hospitalised for ten days. He states his application that he suffered dizziness, nausea, motion sickness and difficulties with concentration, inter alia. However, there are no medical reports on file to suggest that he was unable, due to medical reasons, or otherwise to submit the claim on time.
10. Furthermore, the Applicant has not provided any other objectively reasonable explanations to illustrate why exceptional treatment should be given in this case to extend time.
11. Having weighed and evaluated all the evidence before it, he Tribunal finds that there are no circumstances, outlined by the Applicant, such that would justify exceptional treatment to extend the time. The Applicant’s claim must, therefore, fall at this juncture.
12. The Tribunal, unfortunately, finds that the Applicant, therefore, should not be admitted to the scheme as his claim is outside the three-month time period.
Majella Twomey
Chairperson, Criminal Injuries Compensation Tribunal
30 September 2022