52864 (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: 52864
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award.
1. Ms. [ ] (‘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 as a result of a criminal incident which occurred on the [ ] at [ ].
3. The circumstances of the incident are outlined by the Applicant in her Application Form to the Tribunal.
4. 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”.
5. Applications must be made to the Scheme no later than three months from the date of incident given rise to the injuries complained off. The incident in this case is stated to have occurred on the [ ], and the application was received on the [ ]. The application was therefore submitted appropriately within time however, it is the case that paragraph 11 of the Scheme applies to this application.
6. 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. By letters dated the [ ], [ ] and the [ ] the Tribunal wrote to the Applicant seeking the provision of certain information to include vouching documentation and details of any loss of income as may apply. No response was received to this correspondence.
8. Accordingly pursuant to paragraph 11 of the Scheme 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.
9. 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