Foilsiú
51246 (26 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.
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: 51246
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No compensation payable as the application was received after the time limit provided in Article 20 of the Scheme, and further due to failure to give all reasonable assistance under Article 10 of the Scheme.
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 (who was born on [ ]) outlined that on [ ] he was assaulted in [ ]. He states that he was assaulted with a knife which resulted in a large cut on his face.
3. No medical report was submitted. The applicant’s hospital notes from [ ] Hospital Emergency Department were submitted. There were no receipts submitted in relation to any expenses incurred. The applicant claims that he was unable to work for a period of two weeks. Documentation from the Department of Social and Family Affairs showing his employment for the year [ ] was submitted. It was stated that he had no employment within Ireland for the years prior to [ ]. A P45 (cessation of employment) form dated [ ] was submitted.
4. The Garda Report dated [ ] describes the incident which gave rise to the injury and confirms that no compensation was paid to the applicant by the assailant.
5. Article 20 of the Scheme provides as follows:
“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. No applications may be accepted by the Tribunal where the event giving rise to the injury took place more than two years prior to the date of the application.”
6. As the application form was received on [ ], it was not submitted within the time permitted under the Scheme. In this instance, the application ought to have been lodged with the Tribunal no later than by [ ]. The application was received by the Tribunal on [ ]. As such, it was lodged approximately 10 months late.
7. In his application form, the applicant states “the Garda told me I cannot apply until finish [sic] the court. The court finished on [ ].” I take this to mean that the criminal prosecution was concluded on [ ].
8. There is an onus on an applicant who makes a claim under the Scheme to submit it in accordance with paragraph 20. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme in exceptional circumstances.
9. Having carefully considered the evidence addressing the applicant’s reasons for not submitting his application in a timely fashion, I am not persuaded that the reasons advanced for the late submission of the application form amount to exceptional circumstances which would permit the exercise of the Tribunal’s discretion in favour of admitting the application under the Scheme. Even if the applicant believed that he could not submit the claim until after the criminal prosecution of the assailant took place, it was a further six weeks before the application was received by the Tribunal.
10. In the circumstances I find that there are no circumstances supplied to the Tribunal which justify exceptional treatment and I therefore do not admit the claim for consideration.
11. The Tribunal wrote to the applicant on [ ], seeking further information from the applicant and also confirmation by [ ] that he wished to proceed with the application. There was no response to this correspondence.
12. The applicant has not replied to correspondence in relation to his claim before the Tribunal. Therefore, I find that he has not given all reasonable assistance to the Tribunal as required under Article 10 of the Scheme.
13. I therefore decline to make any award.
Elizabeth Maguire
Criminal Injuries Compensation Tribunal
26 July 2022