51972 (11 November 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: #51972

Date of incident: [ ]

Date of application: Undated (received by the Tribunal on [ ])

Decision outcome: The application refused under para 11.

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 form, the applicant stated that he had suffered injury as a result of being assaulted at her home address on [ ]. In his application form, the applicant stated that, as a result of the assault, she sustained injuries to his shoulder, neck and head. The applicant attended with his GP for treatment. In a report from An Garda Síochána, dated [ ], it was confirmed that the applicant had sustained the injuries in the course of an altercation at her home at the hands of a named offender.

3. By letter dated [ ] the applicant was written to by the Tribunal to request information in support of his claim, to include original receipts and out of pocket expenses. There was no response to this correspondence from the applicant.

4. Paragraph 21 of the Scheme provides as follows:

5. ‘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. Thus, to comply with the time limit set out in paragraph 21, the application would have needed to have been lodged with the Tribunal no later than by [ ]. In the event, the application was submitted to the Tribunal on [ ]. Accordingly, the Tribunal admitted the application for consideration under the Scheme.

7. 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.

8. 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...’

9. The application form, signed by the applicant, confirmed his acceptance, under Part 7(i)(1) of the application form, that he would provide all reasonable assistance to the Tribunal in the progression of his claim under the Scheme.

10. 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.

11. N/A.

12. Nil. Application refused under paragraph 11 of the Scheme.

Conor Heaney

Chairperson, Criminal Injuries Compensation Tribunal

11 November 2022