Publication
51010 (12 August 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: 51010
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No compensation payable as the application was received after the time limit provided in Article 20 of the Scheme, and further a failure to give all reasonable assistance under Article 10 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 her application for compensation under the Scheme, received on [ ], the applicant (who was born on [ ]) outlined that she was violently assaulted while at [ ]. She was walking to meet her boyfriend when a man struck her a number of blows to the face and dragged her by the hair into the nearby bushes. She was violently sexually assaulted.
3. The applicant outlines in her application form that she had injuries to her back and neck, and bruises all over her body, in addition to psychological injuries.
4. The Garda report dated [ ] confirms that a named person was prosecuted and convicted of the assault and sexual assault perpetrated upon the applicant.
5. No medical report was submitted by the applicant.
6. No claim for any expenses was submitted. No vouchers for any out-of-pocket expenses were submitted.
7. Article 20 of the Scheme provides as follows:
“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 the application.”
8. As the application form was received on [ ], it was not submitted within the time permitted under the Scheme.
9. The applicant stated in his application form that she was “only told by detective after court case”. She stated that she did not know that she could apply for compensation under the scheme.
10. A lack of knowledge of the Tribunal is not a reason to extend the time limit which applies. In the circumstances I find that there are no circumstances supplied to the Tribunal which justify exceptional treatment and I therefore do not admit the claim for consideration.
11. The Tribunal wrote to the applicant on [ ], seeking further information from the applicant and also confirmation by [ ] that she wished to proceed with the application. There was no response to this correspondence.
12. The applicant has not replied to correspondence in relation to her claim before the Tribunal. Therefore, I find that she has not given all reasonable assistance to the Tribunal as required under Article 10 of the Scheme, and I find that no compensation is payable to the applicant.
13. I therefore decline to make any award.
Elizabeth Maguire
Criminal Injuries Compensation Tribunal
12 August 2022