24121 (12 August 2022)

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: 24121

Date of incident: [ ]

Date of receipt of application: [ ]

Decision outcome: No compensation payable as the application was received after the time limit provided in Article 20 of the Scheme, and further a failure to give all reasonable assistance under Article 10 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, received on [ ], the applicant (who was born on [ ]) outlined that he was assaulted outside [ ] on [ ]. A statement of Garda [ ] dated [ ] confirms that the matter was the subject of a prosecution which was finalised on [ ].

3. The applicant outlines in his application form that he had injuries to his arm, his left eye and his face.

4. No medical report was furnished. The applicant claimed travel expenses, for which no vouchers were supplied. He also claimed a loss of earnings. A Notice of Amended Tax Assessment for the year ending [ ] showing that the applicant had no earnings for that year was submitted, together with a hand written estimate of the applicant’s losses for the years [ ] and [ ].

(a) Article 20 – time limit

5. Article 20 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. No applications may be accepted by the Tribunal where the event giving rise to the injury took place more than two years prior to the date of the application.”

6. As the application form was received on [ ], it was not submitted within the time permitted under the Scheme.

7. The applicant stated in his application form that “it was only recently I tracked down the address of the Tribunal”.

8. A lack of knowledge of the address of the Tribunal is not a reason to extend the time limit which applies. In the circumstances I find that there are no circumstances supplied to the Tribunal which justify exceptional treatment and I therefore do not admit the claim for consideration.

(b) Failure to give assistance

9. The Tribunal wrote to the applicant on [ ], seeking confirmation that he wished to proceed with the application. There was no response to this correspondence. The Tribunal wrote again to the applicant on [ ], seeking confirmation that he wished to proceed with the application by [ ]. There was no response to this correspondence.

10. The applicant has not replied to correspondence in relation to his claim before the Tribunal. Therefore, I find that he has not given all reasonable assistance to the Tribunal as required under Article 10 of the Scheme, and I find that no compensation is payable to the applicant.

11. I therefore decline to make any award.

Elizabeth Maguire

Criminal Injuries Compensation Tribunal

12 August 2022