Foilsiú
51468 (12 August 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: 51468
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 21 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 her application for compensation under the Scheme, received on the [ ], the Applicant stated that she an incident occurred in [ ].
3. There is a Garda report on file dated the [ ], which states that on the [ ], two males forced their way into [ ] by smashing the front door. One male was armed with a shotgun. The other male had [ ]. The males threatened the occupants of the house and looked for money. [ ] shots were discharged during the incident. One male was subsequently arrested and later pleaded guilty to a number of offences in [ ] Circuit Criminal Court.
4. The Applicant said she was unable to concentrate following the incident. Furthermore, two months after the said incident, her husband suffered a heart attack. She said that she had to move out of her house as she was too nervous to stay there.
5. The Applicant has not submitted any out-of-pocket expenses.
6. Paragraph 21 is relevant in this case as the application was not made as soon as possible or within the three-month time limit.
7. The application was made almost two years after the incident.
8. Paragraph 21 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’.
9. It is noted that the Applicant was in shock after the incident and she had to move out of her house. It is also noted that her husband suffered a heart attack two months after the incident. While this incident must have been a very distressing one for the Applicant and her family and it is clear that the Applicant was distressed after the incident, there is nothing on file to explain why she did not make the application ‘as soon as possible’ or within the three months following the incident. There is an unexplained gap of almost two years between the date of the incident and the application and there is no objectively reasonable explanation for same.
10. Having weighed and evaluated all the evidence before it, there are no circumstances outlined by the Applicant such that would justify exceptional treatment to extend the time. The Applicant’s claim must, therefore, fall at this juncture.
11. The Tribunal finds that the Applicant, therefore, should not be admitted to the scheme as her claim is outside the three-month time period.
Majella Twomey
Criminal Injuries Compensation Tribunal
12 August 2022