Foilsiú
52811 (27 May 2022)
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: 52811
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. On the [ ], the applicant alleges that he was the victim of an unprovoked and vicious stabbing incident by two unnamed individuals at or near [ ].
3. The applicant allegedly sustained stab wounds to his hands. The applicant allegedly damaged tendons, muscles and nerves in his hands and required surgical intervention. He also sustained injuries to his head. Further, the applicant advises that he suffered psychologically as a result of the attack. The applicant has not presented any medical reports to the Tribunal to verify his alleged injuries.
4. The applicant advises that the incident was reported to [ ] Garda Station. It is unknown if the Gardai ever found or charged the perpetrators.
5. The applicant is claiming that he was unable to participate in a Community Employment Scheme and accordingly sustained a loss of income of €1,456.00. It is unclear if the applicant was paid any other social welfare payments during that period.
6. This application was received to the Tribunal 3 months and 2 days after the incident. Paragraph 21 (of the pre-2021 Scheme) 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”. The applicant has not put forward any excuse for the late application at paragraph 2(f) of his application form.
7. The time is calculated from the date that the application is received by the Tribunal and not the date the application form is signed and/or posted. Further, paragraph 22 (of the pre-2021 Scheme) states that an application should be made on the Tribunal’s application form. Requests for application forms and interaction with the Tribunal regarding an intention to make a claim are insufficient to comply with the provisions of paragraph 21 and paragraph and 22 of the Scheme. Therefore, the burden rests with the applicant to ensure that the Tribunal receives the completed application form within the three-month period as stipulated by paragraph 21 of the scheme.
8. The Tribunal wrote to the applicant’s solicitor on the [ ] and requested further clarification regarding any of any out-of-pocket expenses. The Tribunal advised the applicant’s solicitor and advised that the file would be forwarded to a Member of the Tribunal for a decision if no response was received by the applicant by [ ]. No response was received from the applicant to this correspondence.
9. Paragraph 11 of the (pre-April 2021) 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” [emphasis added]. Therefore, the duty under paragraph 11 extends to providing the Tribunal with vouchers, documentary proof of any losses claimed and all relevant information requested, to enable the Tribunal to sufficiently conclude the claim.
10. The application has not been made within the three-month time limit as stipulated by paragraph 21 of the Scheme. The applicant has not put forward any grounds to explain why the application was submitted late. In such circumstances, the Tribunal cannot exercise its power to extend time under paragraph 21, and therefore is bound to decline admitting this application into the Scheme.
11. Further, the applicant has not corresponded with the Tribunal for almost [ ] and a half years. The Tribunal finds that the applicant has failed to provide the Tribunal with all reasonable assistance with a view towards progressing and finalising his claim. In such circumstances, paragraphs 11 of the Scheme will apply.
12. Regretfully, for these reasons, the application must be dismissed.
13. In circumstances where the application has been dismissed or contravening paragraphs 11 and 22 of the Scheme, it is not necessary for the Tribunal to make any further determinations on the other provisions of the Scheme that might apply to this matter or make any determination on the assessment of out-of-pocket expenses.
David Culleton
Member of the Criminal Injuries Compensation Tribunal
27 May 2022