Foilsiú
52975 (26 January 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: 52975
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award is made.
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 for compensation under the Scheme, received on [ ], the applicant stated that he had suffered injuries as a result of a criminal of violence which took place on the [ ].
3. Paragraph 21 of the Scheme (now paragraph 20) requires “applications be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment no later than three months after the event giving rise to the injury”. The application in this case was submitted significantly outside the three-month period allowed.
In accordance with the Scheme this Tribunal is therefore required to determine whether the circumstances of this significantly delayed application justify its exceptional treatment.
4. Further to the above the applicants’ legal representatives have submitted that prior to the submission of his application the Applicant was awaiting the outcome of the criminal prosecution. They state that this prosecution was not to be listed until the [ ] and therefore the application form was submitted on the [ ]. It is also stated upon the Application form under ‘Further matters’ that ‘The Applicant has lodged an application with the Injuries Board”. It is difficult to see how either of these matters genuinely impeded the applicant in making his application within the time frame as set out by the scheme. As noted previously the application period refereed to in paragraph 21 runs from the date of incident and not the date of a criminal trial or conviction. Secondly it is noted that the Applicant was in a position to submit an application to the Injuries Board apparently prior to the submission of this application to the CICT.
5. Finally I note that both the garda report obtained and the medical records of the incident while noting the unbroken nature of the assault upon [ ] equally refer to the incident as a minor assault. I therefore do not find that the applicant was impended due to either to the nature of the incident or the injury sustained from submitted his application within the three month period required.
6. Accordingly, as the application was submitted outside the three month period specified and with no sufficient reason such as to require the extension of that period for the admission of this late application - the application is not admitted and no award is made.
Georgina Robinson
Criminal Injuries Compensation Tribunal
26 January 2023