Foilsiú
50740 (13 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: 50740
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 21 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. On the night of the [ ], the applicant claims that he was the victim of an unprovoked assault by three or four youths while walking home from his local pub.
3. The applicant allegedly sustained significant dental injuries. However, the applicant did not attend for any significant dental treatment until [ ], some 2 years and 6 months post the alleged assault.
4. The incident was reported to and investigated by [ ] Garda Station. The Gardai have advised the Tribunal. The youths were never identified and therefore no criminal proceedings could be pursued.
5. The applicant provided an estimate of circa €30,000 from [ ]. He provided a letter from [ ], who stated that costs of dental treatment provided to date were €15,960. However, the applicant has failed to provide any dental report as requested by the Tribunal nor has he provided a more specific breakdown of the precise treatment and associated costs regarding the alleged dental treatment provided by Dr [ ].
6. This application was submitted to the Tribunal almost 5 years after the date of the incident. Paragraph 21 of the (pre-April 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’s solicitors advised the Tribunal that the applicant only became aware of his rights under the Scheme after consulting with them.
7. Further, it is noted that no contact has been received by the Tribunal for or on behalf of the applicant for over 12 and a half years.
8. The application has not been made within the three-month time limit as stipulated by paragraph 21 of the Scheme. The Tribunal must in, in the first instance determine, whether the circumstances of this late application justify exceptional treatment such that that the application may be considered under the provisions of the Scheme. The Tribunal finds that lack of awareness of the Scheme and the time limit applicable to the Scheme is not an exceptional circumstance. The grounds put forward by the applicant do not warrant exceptional treatment. Regretfully, for this reason, the application must be refused.
9. In circumstances where the application has not been admitted, 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
Criminal Injuries Compensation Tribunal
13 May 2022