Foilsiú
52949 (10 February 2023)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
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: 52949
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award.
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 by the Tribunal on the [ ], the Applicant states that she suffered injuries by virtue of an assault upon her person on the [ ]. The circumstances of the incident are outlined by the Applicant on her Application Form submitted and is said to have occurred at [ ] on the [ ].
3. The Criminal Injuries Compensation Tribunal established under paragraph 17 of the Scheme the Tribunal “may pay ex gratia compensation in respect of personal injury where the injury is directly attributable to a crime of violence, or, as provided for in paragraph 4, to circumstances arising from the action of the victim in assisting or attempting to assist the prevention of crime, or the saving of human life”.
4. Applications to the Scheme are required to be submitted no later than 3 months from the date of the incident given rise to the injury complained of. In the instant case the application was submitted significantly outside the period allowed under the Scheme.
5. More significantly however on the [ ], the Tribunal wrote to the Applicant seeking the provision of information required both to adjudicate upon the making of a late application and more particularly to assist in the assessment of the Applicant’s claim to include any medical evidence, details of loss of earnings, if applicable. Despite the correspondence issuing no response was received to this correspondence.
6. As the Applicant has not established her claim nor co-operated with the Tribunal in this regard paragraph 11 of the Scheme states as follows “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”.
7. Despite clear communication with the Applicant by the Tribunal and a request for the required information to assess this application no such information has been furnished to the Tribunal.
8. As the Applicant has not established her claim nor co-operated with the Tribunal in this regard no award is made.
Georgina Robinson
Criminal Injuries Compensation Tribunal
10 February 2023