Publication
50610 (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: 50610
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 following an attack by a group of men in [ ], during a night out. He was punched and kicked to the ground and his phone was robbed. He said that his jaw was broken in two places and his ribs were badly bruised. He was treated as an in-patient at [ ] Hospital. The Applicant submitted his medical records from [ ]. He was off work until the [ ].
3. There is a Garda report on file dated the [ ]. It states that the matter was report on the [ ] to Garda [ ] at [ ], Garda Station. The Applicant did not make a formal statement or complaint but said he wanted the matter noted for insurance purposes. No description of the culprits was given, and no formal complaint was made.
4. The Applicant has submitted a number of vouched receipts relating to his medical treatment.
5. There was correspondence between the Tribunal and the Applicant in [ ], following a long gap in correspondence since [ ], where he had been queried about the lack of a formal complaint to the Gardaí, without response from him. On the [ ], the Applicant confirmed that he wished to continue his claim. He did not, however, address the issue of his failure to make a formal complaint to the Gardaí.
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 notified to the Tribunal on the [ ], one month 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 injuries in the aftermath of the incident and that he was hospitalised. While he has submitted his medical records, there is nothing therein to suggest that the Applicant was unable to submit an application to the Tribunal for medical reasons. Furthermore, it is noted that the Applicant was in a position to return to work on the [ ].
10. The Applicant has not provided any other objectively reasonable explanation 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 in this case. 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