Foilsiú
23993 (31 July 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: 23993
Date of incident: [ ]
Date of application: [ ]
Decision/outcome: Application 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’). The Applicant has submitted a completed application form in respect of his claim which was received by the Tribunal on [ ].
2. The Applicant was walking along Main Street in [ ] when he was set upon by a number of youths and assaulted. The Applicant suffered an unspecified head injury, injuries to his fingers, leg and torn ligaments. The Applicant has not provided any medical report in respect of his injuries nor elaborated on the basic details contained in his application form.
3. At least one of the Applicant’s assailants were prosecuted although it is unclear what the result of that prosecution was. The Applicant did not receive any compensation for his injuries.
4. 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….’
5. As can be seen, the application was required to have been made to the Tribunal by the Applicant promptly and no less than three months from the date of the incident. In this instance, the application ought to have been lodged with the Tribunal no later than by [ ]. The application was received by the Tribunal on [ ], four years and one month after the date of the incident giving rise to the alleged injuries.
6. There is an onus on an applicant who makes a claim under the Scheme to submit it in accordance with Paragraph 21. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the prevailing circumstances permit exceptional treatment of the application. In the instant case no explanation or circumstances have been put forward by the Applicant that would justify exceptional treatment and which would permit the Tribunal to exercise its discretion in favour of admitting the application under the Scheme. The Tribunal therefore refuses to admit the application under Paragraph 21 of the Scheme.
7. N/A.
8. N/A.
9. N.A,
10. Nil.
Marc Murphy
Criminal Injuries Compensation Tribunal
31 July 2023