51038 (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: 51038

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 his apartment block by an unknown male. He states that he suffered a broken cheekbone, and he required surgery on two occasions.

3. The Garda report dated [ ] confirms that was attacked from behind when he was about to enter his apartment building.

4. No medical report was submitted by the applicant.

5. The applicant claimed travel expenses for trips to hospital (10 trips). He also submitted an invoice for a hospital charge of €132, but did not submit proof of payment of this charge.

(a) Article 20 – time limit

6. 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.”

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

8. The applicant stated in his application form that he was “trying in vain to get a hold of the Garda of which I first made the statement to the day after the incident but ended up getting statement enclosed of a new Garda as the original one was absent”.

9. 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

10. The Tribunal wrote to the applicant on [ ], seeking further information from the applicant and also confirmation by [ ] that he wished to proceed with the application. There was no response to this correspondence.

11. 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.

12. I therefore decline to make any award.

Elizabeth Maguire

Criminal Injuries Compensation Tribunal

12 August 2022