52216 (15 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: 52216

Date of incident: [ ]

Date of application: [ ]

Decision outcome: The application is refused under paragraph 21 and paragraph 11 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 [ ], the Applicant stated that he was assaulted at the [ ] on the the [ ]. The Applicant said he was an active [ ] and was unable to partake in the game for a period of six weeks due to his injury. He also suffered swelling on the bridge of his nose.

3. There is no Garda Report on file but the Applicant states that he reported the matter to Garda [ ].

4. The Applicant has not submitted any out-of-pocket expenses.

5. Paragraph 21 is relevant in this case as the application was not made as soon as possible or within the three-month time limit.

6. The application was made over 6 months after incident.

7. 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’.

8. It is noted that the Applicant, in his application, stated that the reason for his delay was that he was waiting for directions from the Superintendent from [ ] and there was on ongoing investigations in process. He also said that he was awaiting medical reports. There is nothing in the scheme to state that an application cannot be made prior to an investigation being concluded or prior to receiving medical report. The Applicant has not put forward any other reasons for extending the time.

9. Having weighed and evaluated all the evidence before it, the Tribunal finds that there are no circumstances outlined by the Applicant such that would justify exceptional treatment to extend the time in this case. The Applicant’s claim must, therefore, fall at this juncture.

10. The Tribunal finds that the Applicant, therefore, should not be admitted to the scheme as his claim is outside the requisite three-month time period.

11. Further, and in the alternative, the Applicant has not submitted any vouched out of pocket expenses.

12. A letter dated the [ ], was sent to Applicant from the Tribunal. The Tribunal sought a response by [ ], in relation to whether the Applicant was pursuing his claim and seeking further information regarding out-of-pocket expense. No response was received to this letter.

13. Paragraph 11 of the original scheme states that ‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise’.

14. The Applicant, in this case, has not provided reasonable assistance to the Tribunal in terms of submitting clear vouching information in relation to out-of-pocket expenses. In the circumstances, the Tribunal finds that even if the case has been admitted to the scheme that no compensation would be allowable in relation to these matters.

Majella Twomey

Criminal Injuries Compensation Tribunal

15 November 2022