Foilsiú
51408 (28 July 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.
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application of [ ]
Application number: 51408
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award
The Applicant applied to the Tribunal arising from an incident which occurred on the [ ] at [ ]. The Applicant was a taxi driver and alleges that he was the victim of an assault by a passenger which caused him to sustain personal injury.
The incident in this case was reported to An Garda Siochana and the Applicant made a formal statement of complaint. The matter was investigated and a file submitted to the DPP. No prosecution was directed. The Applicant has not received payment of compensation at any time.
The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the Scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.
Paragraph 21 of the General Scheme (pre-April 2021) 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”. In this case the application was received on the [ ] and was substantially late, being submitted more than 5 years and 5 months after the incident occurred.
The Applicant states in the Application Form that he was diagnosed with Hepatitis B in [ ]. The Applicant has submitted with his application a letter from the Irish Blood Transfusion Service dated [ ]. The letter states that the results of a blood test were similar to previous results and suggest a past infection with Hepatitis B. However, there is no evidence before the Tribunal that the Applicant contracted Hepatitis B and that causation was directly attributable to the incident which occurred on the [ ]. There is no evidence before the Tribunal of any connection. As a result, the Tribunal is not satisfied that the circumstances of this case are such as to justify exceptional treatment.
The Applicant states that he was the victim of a crime of violence which occurred on the [ ] in [ ] when he sustained personal injury.
The completed application was received by the Tribunal on the [ ], in excess of five years and five months after the incident. The Tribunal does not find that the circumstances of this case are such as to justify exceptional treatment. The application was received substantially outside the permitted time period and the Tribunal is unable to consider the application any further under the terms of Paragraph 21.
In the circumstances, the Tribunal makes no award.
Dated: 28 July 2022
Signed: Cathal Lombard, Tribunal Member