Foilsiú
51336 (23 June 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: 51336
Date of incident: [ ]
Date of application: [ ] (received by the Tribunal [ ] )
Decision outcome: The application is refused under para 21.
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 form, the applicant stated that he had suffered injury as a result of being assaulted at an address on [ ], on [ ]. In his application form, on the date in question at approximately 00.30-01.00 hours, the applicant stated that he was the subject of an unprovoked assault perpetrated upon him by, [ ]. The applicant stated that he had sustained a broken jaw and lost teeth in the assault which necessitated in-patient hospital treatment and subsequent attendances at a dentist and his GP.
3. The applicant made a statement to An Garda Síochána the date of the incident. The file also contained hospital admission notes and a Garda report. All these documents supported the application for compensation.
4. By way of letter dated [ ], in response to correspondence from the Tribunal to submit vouching documentation of expenses incurred as a result of the incident, the applicant stated:
‘I have new original documentation from the incident of [ ], I wish to pursue this claim based on my suffering and personal injuries from this assault, please find attached the medical evidence of the injuries suffered in [ ].’
5. The Tribunal responded by letter dated [ ] to advise that the matter would be passed to a Member for decision. The letter pointed out to the applicant that there was no provision under the Scheme for an award of general damages.
6. The applicant’s application for compensation was received by the Tribunal on [ ].
7. Paragraph 21 of the Scheme states:
‘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. As can be seen, the application was required to have been made to the Tribunal by the applicant promptly and not less than three months from the date of the incident. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the Tribunal considers that the circumstances which resulted in the late submission of the application justify exceptional treatment.
9. In this instance, the application form ought to have been lodged with the Tribunal no later than by [ ]. In the event, the application form was received by the Tribunal on [ ]. As such, it was lodged approximately 20 days’ late.
10. In a letter accompanying the application form, the applicant’s sister explained the reason for the application being submitted outside the three-month time period. In material part, the letter stated as follows:
‘We were waiting for the dentist's prognosis and for [ ] to receive a set of dentures to replace his missing teeth. This did not happen until the [ ] and we hoped that the dentures would prove a successful replacement, negating the need to proceed with application to your good selves for compensation.
Two weeks since his past and unfortunately, the dentures are not going to be a long term solution. [ ] cannot eat with them and they are most uncomfortable. I can only hope that you will still consider his application, as the financial means to carry out the dental implants are beyond him and currently, beyond me to lend to him.
We have no receipts to enclose with this application as we are off the position that we must wait upon your consent before we instigate the treatment.’
11. While it was noted by the Tribunal that the applicant had spent time as an in-patient receiving treatment for his injuries, during that time, he had the ability to make a statement to Gardaí about the assault perpetrated upon him by [ ]. The basis advanced for the late submission of the application was not due to medical incapacity on the applicant’s part. Rather it was as a result of him waiting to see whether the dentures he had been fitted with, which were needed as a result of the assault, obviated the need to claim compensation under the Scheme for dental treatment.
12. It was not the applicant’s case that he was unable, for reasons connected to his health, to lodge the application promptly and, in any event, within three months of the event giving rise to the injury. On the face of it, the applicant had capacity to act, having made a statement to the Gardaí in the immediate aftermath of the incident. While having a great deal of sympathy with the predicament the applicant found himself in, the Tribunal was not persuaded that the circumstances set out by the applicant as a reason for the late submission of the application were such as to justify exceptional treatment under the Scheme.
13. The Tribunal therefore refused to admit the application under paragraph 21 of the Scheme.
14. For the avoidance of doubt, had the application been admitted under the exceptional treatment provision contained in paragraph 21, the application would have been refused on the basis that the applicant could not avail himself of an award of general damages under the Scheme.
15. NA
16. NA
17. NA
18. Nil.
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
23 June 2022