Publication
53387 (12 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: 53387
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Application refused under Paragraphs 11 and 21 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’). The Applicant has submitted a partially completed application form in respect of his claim which was received by the Tribunal on [ ].
2. In his application the Applicant states that he suffered injures, namely a [ ] and a [ ] on [ ]. The Applicant states that at the date of the application that he suffers from ‘really bad head aches’ and has been left with [ ]. The Applicant does note state where these injuries occurred or the manner in which they did so. The Applicant has not attached a copy of his Garda statement to his application and has failed to provide any information in respect of the circumstances in which his injuries arose.
3. The Applicant has not submitted any medical report in respect of his injuries.
4. By letter dated [ ] the Tribunal wrote to the Applicant seeking additional information to progress the Applicant’s claim. The Tribunal again wrote to the Applicant on [ ] requesting that further information be provided and stating that if no response was received the application would be forwarded to a Single Member for a decision. The Tribunal received no response to either letter, nor any further information in respect of the Applicant’s claim.
5. Paragraph 21 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….’
6. 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 [ ], three months and five days after the date of the incident giving rise to the alleged injuries.
7. There is an onus on an applicant who makes a claim under the Scheme to submit it in accordance with Paragraph 21. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the prevailing circumstances permit exceptional treatment of the application. In the instant case no explanation or circumstances have been put forward by the Applicant that would justify exceptional treatment and which would permit the Tribunal to exercise its discretion in favour of admitting the application under the Scheme. The Tribunal therefore refuses to admit the application under Paragraph 21 of the Scheme.
8. For the avoidance of doubt, had the application been admitted under the Scheme, the application would have been refused under paragraph 11 of the Scheme (the obligation to provide all reasonable assistance).
9. N/A
10. N/A
11. NA
12. Nil.
Marc Murphy, Criminal Injuries Compensation Tribunal
12 May 2022