Publication
53531 (19 February 2021)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application Number: 53531
Applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
The Applicant states that he was the victim of a violent incident which occurred on the [ ] at [ ]. The Applicant states that the incident was reported to An Garda Siochana in [ ] on the [ ] though it is not clear by whom.
The Applicant states that he suffered [ ] stab wound requiring medical treatment as set out in his application, including hospital inpatient treatment for a period of time. The Applicant states that the incident and injuries sustained had ongoing implications for him. The Applicant claims for out of pocket expenses incurred in respect of loss of earnings, travel expenses and medication expenses arising from the incident.
The application was received by the Tribunal on the [ ]. The Applicant states that **"I put it in with my Solicitor on [ ]. My Solicitor told me he was taking it on, only to recently he told me (sic) he couldn't take it on."
Article 21 of the General Scheme 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.
This application was significantly late, not in fact received by the Tribunal until the [ ] [ ], being in excess of twenty seven months post incident.
The Tribunal must, in the first instance, determine whether the circumstances of this late application justify exceptional treatment such that the application may be considered under the provisions of the General Scheme.
The Tribunal notes that the Applicant states that he received inpatient hospital treatment between the [ ] and the [ ]. The Applicant states that he consulted with a Solicitor on the [ ]. An Application was submitted by the Applicant personally which is dated the [ ], but which was not received by the Tribunal until the [ ].
The Tribunal is not satisfied in the circumstances of this late application that exceptional treatment is justified. The Tribunal is not privy to anything that may have transpired between the Applicant and a Solicitor. The Tribunal notes that not only is the application late, it is received in excess of twenty seven months post incident. The Tribunal considers that such delay is so inordinate that it would require the most exceptional and unusual circumstances before exceptional treatment could be considered. In this case, the Tribunal determines that exceptional treatment is not justified and therefore the application is refused as being late.
In circumstances where the application is refused as being late, it is not necessary for the Tribunal to make any further determination or assessment of the claim under the terms of the General Scheme.
Dated the 19th day of February 2021
Signed: [ ]