Publication
52038 (9 January 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: #52038
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No award, by reason of paragraph 10 and 25 of the Scheme.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
The Applicant’s claim is that he was attacked in the early hours of the morning of [ ] by two persons unknown to him as he walked along [ ]. The Applicant’s claim is that he was struck from behind on the head and that his left arm was almost severed with a [ ] used by his attackers in the assault. The Gardaí came upon the Applicant as he attempted to continue walking following the attack, an ambulance was called, and the Applicant was taken to the [ ] Hospital, where he underwent emergency surgery to save his arm. The Applicant was discharged from the [ ] Hospital four days later, on [ ].
In a Garda Report received by the Tribunal on [ ] the Gardaí confirmed that the Applicant’s assailants had been charged with assault causing harm (pursuant to the Non-Fatal Offences Against the Person Act, 1997) but that the matter had yet to be finalised. In later correspondence, dated [ ], the Gardaí informed the Tribunal that the matter was still before the Courts.
In his application to the Tribunal, received on [ ] on the Applicant’s behalf from his legal advisors, a claim is made for out-of-pocket expenses, including medical and travel expenses, and for loss of earnings.
The Tribunal accepts that the Applicant suffered personal injuries which are directly attributable to a crime of violence which occurred on [ ] (satisfying paragraph 1 of the Scheme). The Tribunal is also satisfied that the incident giving rise to the injury was reported without delay to the Gardaí (the Gardaí themselves coming upon the Applicant in the aftermath of the said attack) and was the subject of criminal proceedings (thereby satisfying paragraph 22 of the Scheme). The Tribunal further accepts that the Applicant’s application was received within the prescribed time period allowed for, in normal course, under the Scheme (pursuant to paragraph 21 of the Scheme). From the foregoing therefore, the Tribunal accepts that this application is eligible for further consideration.
The Applicant had been working as a [ ] since he came to Ireland in [ ] up to the time of the assault. In support of his claim his legal advisors have furnished the Tribunal with copies of the Applicant’s P60’s dating back to [ ], as well as a Vocational Assessor’s Report prepared by [ ] of [ ] Hospital, dated [ ], the Applicant having been assessed by Ms [ ] on [ ].
It appears that the Applicant earned the net sum of approximately €20,284.63 in [ ], the year prior to the attack upon him. Following the assault, the Applicant applied for, but was refused illness benefit. According to the Department of Social Protection (in correspondence to the Tribunal dated [ ] and [ ]), this refusal was on the basis that the Applicant could not provide a work permit, his previous permit having expired, however on humanitarian grounds, and on the basis of his employment record up to the time of the assault, the Applicant was awarded Supplementary Welfare Allowance, for as long as his doctor could confirm that he remained incapacitated. To this end the Applicant was paid €35,763 in Supplementary Welfare Allowance from [ ] until [ ]. The Department of Social Protection also confirmed that the Applicant received Rent Supplement from [ ] until [ ] in the sum of €12,510.
The Tribunal wrote to the Applicant’s legal advisors on [ ] and noted that as the Applicant was in receipt of €24,211.20 per annum in Social Welfare payments, which was in excess of his income, the claim for loss of earnings was not understood and the Tribunal invited clarification on same. In said correspondence of [ ] the Tribunal also requested receipts in respect of medical expenses being claimed by the Applicant.
The Applicant’s legal advisors responded on [ ] and noted that they were in the process of collating figures in respect of the Applicant’s present and future loss of earnings and would revert with full details in due course. The also enclosed a copy of the said Vocational Assessment Report.
According to the Vocational Assessment Report the Applicant had returned to work with his previous employer in [ ], on a part-time basis but was not happy in his work and felt under pressure constantly. The Applicant applied for Jobseeker’s Allowance from [ ] and at the time of the assessment by Ms [ ] on [ ], he was working part time but also in receipt of reduced Jobseeker’s Allowance. The Tribunal notes that no supporting documentation has been provided by the Applicant from his employer in respect of his return to work/terms of reference of said work as set out by Ms [ ] in her Report.
As the Tribunal received no further communication from the Applicant’s legal advisors after that, nor clarification on the basis of the Applicant’s loss of earnings/vouching documentation as requested, the Tribunal wrote on [ ] to the Applicant’s legal advisors and noted that if the Applicant intended to pursue his claim to furnish the required documentation by [ ]. No response was received.
On [ ] the Tribunal wrote once more to the Applicant’s legal advisors, enquiring as to whether the Applicant wished to progress his claim, and if so, to furnish the necessary documentation by [ ], failing which the file as presented would be forwarded to a Tribunal member for a decision. No response was forthcoming.
Paragraph 10 (previously paragraph 11) of the Scheme states that:
“No compensation will be paid to an applicant who has not, in the opinion of the Tribunal given the Tribunal all reasonable assistance in relation to any medical report that it may require or otherwise.”
Paragraph 25 of the Scheme states that it is for an Applicant to establish their claim.
In the opinion of the Tribunal the Applicant has not given all reasonable assistance to the Tribunal by providing the necessary documentation to support his claim for compensation. Furthermore, on the basis of the information provided to the Tribunal, the Applicant has not established his claim. Accordingly, no award is made.
No award
Nora Pat Stewart , Tribunal Member
9 January 2023