Publication
51375 (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: 51375
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 21 of the Scheme.
1. The Applicant, Mr [ ] 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 [ ] day of [ ], the Applicant stated that he was assaulted in [ ]. The assault led to him having a fractured jaw.
3. There is a witness statement on file, from the Applicant, dated the [ ], which was given to the police in the [ ], in relation to the incident. The statement says that the Applicant was celebrating his stag party and suffered an unprovoked assault from an unknown male, who punched him in the jaw. The matter was reported to members of the Gardaí who were in the area and who were also speaking to the assailant, at the time. According to the statement, the assailant was taken away by the police. The Applicant returned to the [ ] and underwent surgery on his jaw. He was released from hospital on the [ ]. The Applicant was off work for the month of [ ].
4. The Applicant has not submitted any out-of-pocket expenses but has submitted a letter from a company called [ ] dated the [ ], stating that the Applicant was off work from the [ ] to the [ ].
5. Paragraph 21 is relevant in this case as the application was not made as soon as possible or within the three-month time limit.
6. The application was made almost over four months after incident.
7. 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’.
8. It is noted that the Applicant, at paragraph 2(f) of his application, states that the reason for his delay in submitting the application was due to a delay in receiving communication from [ ], plus a delay in a statement being taken and sent. The Applicant, however, does not explain what communications from [ ] he was waiting for and there is no clear evidence, on file, to suggest that the Applicant was waiting on communications from [ ]. Furthermore, it is noted that the date which the Applicant made his statement to the police in the [ ] was the [ ], which was within the three-month time limit.
9. Having weighed and evaluated all the evidence before it, Tribunal finds that there are no circumstances outlined by the Applicant such that would justify exceptional treatment to extend the time. The Applicant’s claim must, therefore, fall at this juncture.
10. The Tribunal finds that the Applicant, therefore, should not be admitted to the scheme as his claim is outside the three-month time period.
Majella Twomey
Criminal Injuries Compensation Tribunal
12 August 2022