Publication
53723 (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: 53723
Date of incident: [ ]
Date of application: Undated - received by the Tribunal on [ ]
Decision outcome: Application refused under paragraph 11 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 his application for compensation under the Scheme, the applicant stated that he had suffered injuries at [ ] on [ ]. The applicant stated that he had sustained a broken jaw, dental injuries and bleeding to the brain. He stated that he received in-patient at [ ] Hospital from [ ] and was receiving unspecified ongoing out-patient treatment. The applicant, who described himself on the application form as [ ], also stated that he was absent from work from the date of the assault. There are three payslips on file for three weeks in [ ]. There is no vouched claim for expenses.
3. The file contained a report from An Garda Síochána dated [ ]. The report stated that the applicant reported that he was the victim of an assault which occurred [ ], at approximately 0320 hours, at [ ]. The applicant was the victim of an unprovoked assault upon him by two males. A letter from An Garda Síochána to the Tribunal dated [ ] confirmed that there had been a no prosecution direction by the DPP in respect of the incident.
4. The Tribunal entered into correspondence with the applicant following receipt of the application for compensation. On [ ], the Tribunal, referring to previous correspondence, asked the applicant to confirm in writing by [ ] if he wished to continue to pursue his application to the Tribunal and provide all necessary vouching documentation in support of his claim. If no response to the letter was forthcoming by [ ], the applicant was advised that the file would be passed to a Member for a decision.
5. There had been no response to that correspondence from the applicant.
6. Paragraph 21 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…’
7. The Tribunal was satisfied that the application had been submitted within the three-month time period set out in paragraph 21 and, accordingly, admitted the application for consideration under the Scheme.
8. The Tribunal was satisfied, on the evidence presented, that the applicant had sustained personal injury as the result of the subject incident which was directly attributable to a crime of violence.
9. Paragraph 11 of the Scheme provides, ‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance...’
10. The application form, signed by the applicant, confirmed his acceptance, under Parts 8(e) and 8(g), that he would provide all reasonable assistance to the Tribunal in the progression of his claim under the Scheme.
11. Having reviewed the correspondence, the Tribunal is satisfied, on the basis of the above, that the applicant has failed to comply with the duty imposed upon him pursuant to paragraph 11 of the Scheme and that, as a result, no compensation can be paid in respect of this application.
18. NA.
19. Nil. Application refused under paragraph 11 of the Scheme.
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
14 July 2023