Foilsiú
52687 (21 August 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: 52687
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. In his application for compensation under the Scheme, received on the [ ], the Applicant stated that his taxi was hi-jacked by [ ] on [ ]. He said that he was assaulted, and his car was stolen and damaged.
3. There is a Garda report on file dated the [ ]. It states that the incident occurred on [ ] on the [ ]. It was reported to the Gardaí on the same date. A report was taken relating to an alleged hi-jacking of the Appellant’s car, by [ ]. The car was later found in [ ] and one man was charged and convicted [ ]. The Applicant sustained an injury to his left eye, and he had a pain in his shoulders.
4. The Applicant has not submitted any vouched out-of-pocket expenses.
5. Paragraph 21 is relevant in this case as the application was not made as soon as possible or within the three-month time limit.
6. The application was notified to the Tribunal on the [ ], which was over four months post the incident.
7. Paragraph 21 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’.
8. It is noted that the Applicant’s stated in his application form that the reason for the delay was because he believed he could not make an application prior to someone being convicted. The Tribunal notes that there is nothing in the scheme which states this to be the case. While the Applicant may have had a mistaken belief that this was so, it cannot be said to be an exceptional circumstance, which would lead to the Tribunal extending the time in this case.
9. Having weighed and evaluated all the evidence before it, he Tribunal finds that there are no circumstances outlined by the Applicant such that would justify exceptional treatment to extend the time. The Applicant’s claim must, therefore, fall at this juncture.
10. The Tribunal, unfortunately, finds that the Applicant, therefore, should not be admitted to the scheme as his claim is outside the requisite three-month time period.
Majella Twomey
Criminal Injuries Compensation Tribunal
21 August 2022