Foilsiú
52686 (27 May 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: 52686
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 11 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 original Scheme, dated the [ ], and received by the Tribunal on the [ ], the Applicant stated that he suffered an assault at [ ] Estate by an unknown assailant, causing him to suffer injuries to the face and finger, among other injuries.
3. There is a Garda letter, on file, dated the [ ], stating the matter was under investigation. However, no Garda report followed.
4. There is no medical report on file, albeit there is a receipt from [ ] hospital for €100. There are two photographs on file showing a man with an injured face.
5. The Applicant brought this application within three months of the alleged crime and is therefore within the time limit for bringing such a claim.
6. The Applicant in this case has failed to provide the Tribunal with all reasonable assistance as required under paragraph 11 of the scheme.
7. Paragraph 11 of the original scheme states that ‘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’.
8. The Tribunal wrote to the Applicant on the [ ], asking him to complete all parts of the application and the letter stated that all expenses claimed must be vouched. There was no response to this letter.
9. On the [ ], the Tribunal wrote to the Applicant again seeking further information including a copy Form P60, a statement from the Department of Social Protection and original receipts. No response was received in relation to this letter.
10. A further letter was sent to the Applicant on the [ ], asking the Applicant if he wished to pursue his application and requesting further documents. Again, no response was received in relation to this letter.
11. A final letter was sent to the Applicant on the [ ], asking him to respond to the Tribunal by the [ ], if he intended pursuing his application. No response was received to this letter.
12. Based on the absence of the information requested by the Tribunal, the Tribunal finds that it cannot, unfortunately, award compensation in this case as the Applicant has not provided all reasonable assistance to the Tribunal.
Majella Twomey
Criminal Injuries Compensation Tribunal
27 May 2022