Foilsiú
50229 (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: 50229
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 a 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 her application for compensation under the Scheme, received on [ ], the applicant (who was born on [ ]) outlined that on [ ] he came out of a night club in [ ] and was set upon by four men with spirit levels and was beaten up. He states that four teeth were broken, and he had a fractured gum. He states that dental work will be ongoing.
3. No medical report or dental report was submitted. No vouchers for any expenses incurred, or estimated dental costs, were supplied.
4. No Garda Report was contained in the Tribunal papers. A statement of Garda [ ] of [ ] Garda Station dated [ ] was included in the Tribunal papers. He confirmed the account given by the applicant. He confirmed that no criminal prosecution took place due to not enough admissible evidence being available to sustain a prosecution.
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.
7. In his application form, the applicant states that he did not know about the claim form until “lately” when informed by the Garda at [ ] Station.
8. A lack of knowledge of the scheme is not a circumstance which would justify exceptional treatment so as to extend the time for the application.
9. 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.
10. Further, 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.
11. 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.
12. I find that no compensation is payable to the applicant as he has not complied with Article 20 of the Scheme in that his application was not submitted within the time allowed by the Scheme, and he has not complied with Article 10 of the Scheme.
13. I therefore decline to make any award.
Elizabeth Maguire
Criminal Injuries Compensation Tribunal
27 May 2022