Publication
51611 (29 August 2022)
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 of [ ]
Application number 51611
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award.
The Applicant applied to the Tribunal arising from an incident which occurred on the [ ] at [ ]. The Applicant was walking home in the early hours of the morning. The Applicant encountered an altercation between two other persons and when he intervened and received a number of stab wounds.
The incident in this case was reported to An Garda Siochana shortly after it occurred and the Applicant later made a formal statement of complaint. The matter was investigated and the perpetrator, [ ] was prosecuted for assault causing harm. The Applicant has not received payment of compensation in the matter.
The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the Scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.
Paragraph 21 of the General Scheme (pre-April 2021) 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”. In this case the application was received on the [ ], more than six and a half months after the incident occurred.
The Applicant states in the Application Form that “I was in fear of leaving the house, didn’t know what was around the corner. It took me awhile to get stable again. I was very traumatised by this incident and was not aware that a claim needed to be made within three months.”
This Member of the Tribunal is not satisfied that the circumstances of this case are such as to justify exceptional treatment which might render the application admissible.
The Applicant was the victim of a crime of violence which occurred on the [ ] at [ ]. when he sustained personal injury.
The completed application was received by the Tribunal on the [ ], more than six and a half months after the incident. This Member of the Tribunal does not find that the circumstances of this case are such as to justify exceptional treatment. The application was received outside the permitted time period and the Tribunal is therefore unable to consider the application any further under the terms of Paragraph 21.
In the circumstances, the Tribunal makes no award.
Dated the 29th day of August 2022
Cathal Lombard
Tribunal Member