Publication
51761 (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: 51761
Date of incident: [ ]
Date of application: [ ]
1. 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 [ ], the Applicant stated that he was assaulted at [ ] on the [ ].
3. There is a Garda Report on file received on the [ ], which states that the Applicant was a guest [ ] when three unknown males [ ] assaulted him.
4. The Applicant submitted a letter from [ ] dated the [ ], stating that he has been on sick leave since the [ ] and his salary is €2,250.
5. 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’.
6. The Applicant, in this, case did not bring his application within the requisite time- period.
7. The Applicant states, at paragraph 2(f) of the application form, that he was extremely sick with headaches and a broken nose for two months following the incident. He found it difficult to leave the house as his headaches were so severe. He was unable to deal with the matter until [ ], and he did not attend his Solicitors until the [ ].
8. The Tribunal notes that there are no medical reports on file to support this claim. Even if the Applicant were sick for two months following the incident, he still had a month in which the bring the application. The Tribunal finds, in the circumstances, that the Applicant has not discharged the burden of proof to show that exceptional circumstances exist which would allow it to extend the time in this case.
9. In the circumstances, the Applicant’s case must fail.
Majella Twomey
Criminal Injuries Compensation Tribunal
12 August 2022