Foilsiú
50447 (13 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: 50447
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 10 of the Scheme for failure to give the Tribunal reasonable assistance in assessing the claim.
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, dated [ ] and received by the Tribunal Secretariat on [ ], the applicant stated that he had suffered injuries to his teeth and his mouth as a result of an assault at [ ].
3. Paragraph 21 of the Scheme reads:
“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”.
4. The incident in question occurred on [ ]. As such the application should have been submitted on or before [ ]. It was received on [ ], more than two months out of time. As such the Tribunal must consider if any circumstances in this case justify the exceptional treatment of considering it out of time.
5. While no reason for the late application is on file, it is also noted that the Secretariat did not ask why the file was late.
6. However on [ ] the Secretariat wrote to the applicant’s solicitor seeking a detailed description of the events and details and vouching documents supporting his claim for loss of earnings. The applicant’s solicitors wrote on [ ] stating that they would forward the description upon receipt of it from their client.
7. On [ ] the Secretariat again wrote to Applicant’s solicitor enclosing the Garda report and noting that as the applicant had a criminal record his comments were sought as to the application of paragraph 14 of the Scheme (by which an award of compensation can be reduced or refused on account of the behaviour and conduct of the applicant). No response was received in response to this letter.
8. On [ ] the Secretariat wrote to the applicant’s solicitor enclosing previous correspondence, and requesting confirmation before [ ] as to whether the applicant wished to pursue his application. No response was received to this letter.
9. Paragraph 10 of the Scheme reads:
“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.”
10. The information the Secretariat sought in this case was a description of the event, and an account of previous convictions. This information is necessary for the Tribunal to properly assess what compensation is due, and what (if any) deductions should be taken from it. Failure to respond to these requests for information amounts to a failure to give reasonable assistance. This disqualifies the applicant from compensation in this case.
Tricia Sheehy Skeffington
Member, Criminal Injuries Compensation Tribunal
13 May 2022