Publication
53673 (14 July 2023)
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: 53673
Date of incident: [ ]
Date of application: [ ] Received by the Tribunal [ ]
Decision outcome: The application refused under paragraph 21.
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 form, the applicant stated that she had suffered injury in the vicinity of the laneway into [ ]. The applicant stated that she had sustained a fractured wrist, an injury to her lip and a black eye. She underwent in-patient and out-patient treatment at [ ] Hospital. She stated that she outlaid expenditure for medical treatment and travel associated with that treatment. There was on file an invoice in the sum of €100 for hospital charges.
3. In her application form, the applicant stated that she was ‘still suffering from PTSD. Afraid to walk in area of incident.’
4. A report from An Garda Síochána, dated [ ], was on file. The report confirmed that the applicant was assaulted in the course of a robbery when a male attempted to snatch her bag as she was making her way to the college at which she was a student. In the course of the incident, the applicant was struck to the face and head. A suspect was arrested but there was no further information as whether any person was prosecuted and convicted of any offence arising out of the incident.
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 not less than three months from the date of the incident. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the Tribunal considers that the circumstances which resulted in the late submission of the application justify exceptional treatment.
7. In this instance, the application form ought to have been lodged with the Tribunal no later than by [ ]. In the event, the application form was received by the Tribunal on [ ]. As such, it was lodged approximately three weeks’ late.
8. Having carefully considered the matter, the Tribunal could identify no circumstances justifying exceptional treatment which would permit the exercise of its discretion in favour of admitting the application under the Scheme.
9. Should the applicant exercise her right of appeal in relation to the late submission of the application, and generally, she might be assisted by medical evidence to support her assertion that she suffered from an adverse mental health condition in the aftermath of this incident. In the absence of that evidence at first instance, the Tribunal must refuse, under paragraph 21, to admit the application for consideration under the Scheme.
10. NA.
11. NA.
16. NA.
17. Nil.
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
14 July 2023