Foilsiú
51612 (6 September 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: #51612
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Not admitted under para. 20 (previously para. 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, signed and dated [ ], the Applicant says that she was assaulted by [ ] following an argument [ ]. She was [ ] and stitches she had on her foot were burst. Two Garda statements by the Applicant and her husband were submitted outlining the incident. The Applicant stated that nobody informed her of the existence of the Scheme.
3. A letter of acknowledgement was sent on [ ]. A Garda Statement was requested by letter dated [ ] but none was received.
4. A further letter was sent to the Applicant dated [ ], asking if the Applicant still wished to pursue the application, and if so asking for the relevant documentation. No reply was received to this letter.
5. The Scheme provides at paragraph 1 that it applies to situations where:
“the injury is directly attributable to a crime of violence…”
6. I am satisfied that the applicant has established, on the balance of probabilities, that she was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence.
7. The Scheme provides at para. 20 (previously para. 21) as follows:
“Applications should be made as soon as possible but, except in circumstances de-termined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury.”
8. This application was made almost 4 years after the incident. No circumstances have been put forward by the Applicant to indicate that the reason that the application was not submitted is a circumstance that justifies exceptional treatment. The Tribunal does not accept that lack of knowledge of the Scheme is such a circumstance. Therefore, the application is not admitted under this paragraph.
9. However, even if the application had been admitted, the Scheme provides at paragraph 10 (previously para. 11) as follows:
“10. 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. From the foregoing lack of reply to the letter from the Tribunal, I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.
11. In addition, the Applicant did not outline any loss other than general damages for pain and suffering which are not subject to compensation by the Tribunal under para. 6.
12. The Applicant was the victim of a crime of violence. However, the application was not admitted as required within 3 months. Accordingly, I do not admit the application for consideration under the Scheme.
13. Further, the Applicant has not provided all reasonable assistance to the Tribunal in relation to the application. Therefore, no award of compensation under the Scheme would in any event be made.
14. In any event, the Applicant did not demonstrate that she suffered financial loss and therefore was eligible for compensation under the Scheme, pursuant to para. 6.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
6 September 2022