53703 (31 May 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: 53703
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award
1. Mr. [ ] (‘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 by the Tribunal on the [ ], the Applicant states that he suffered injuries by way of an assault which occurred at [ ] on the [ ].
3. The circumstances of the incident are outlined by the Applicant in his application form and by the report of An Garda Siochana.
4. The Criminal Injuries Compensation Tribunal established under paragraph 17 of the Scheme provides that 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. Applications must be made to the Scheme no later than three months from the date of incident given rise to the injuries concerned.
5. In the instant case the application has been received shortly outside the three-month period allowed by the Scheme for the making of such applications. The Applicant has stated that the reason for the delayed application in this case was that he was unaware of the Scheme. He also states elsewhere in his application form that he suffered a significant head injury by virtue of the assault and required significant rehabilitative treatment.
6. Due both to the proximity of this application to the required submission date combined with the nature of the Applicant’s injury the Tribunal in this case is in a position to extend time for the making of this late application.
7. In order however to assess this application, the Applicant must be in a position to vouch his out-of-pocket expenditure. It is noted that no such information has been furnished to the Tribunal. This position is confirmed by the Applicant via email correspondence where he states that he did not retain any receipts regarding out of pocket expenditure. It is also noted that the Applicant was unemployed at the date of incident and as such no claim for loss of earnings arises.
8. As the Applicant has not established his claim, providing no vouching documentation to the Tribunal, no award is made.
Georgina Robinson
Criminal Injuries Compensation Tribunal
31 May 2023