51041 (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: 51041

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 her application for compensation under the Scheme, received on [ ], the applicant (who was born on [ ]) outlined that he was assaulted in his taxi. He outlines the circumstances where he was threatened with a knife. He states in the form that his hand was broken as he tried to defend himself, and his hand struck the window of the car. His car was taken from him.

3. No Garda Report was submitted to the Tribunal.

4. No medical report was submitted by the applicant.

5. No claim for any expenses was submitted. No vouchers for any out-of-pocket expenses were submitted.

(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 is originally from [ ] and was not aware of the Scheme. It further states that he was very upset after the incident and did not feel up to “attending to matters”.

9. A lack of knowledge 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

10. The Tribunal wrote to the applicant’s solicitor 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