Foilsiú
50941 (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: 50941
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 original Scheme, dated the [ ] and received on the [ ], the Applicant stated that she suffered an assault at the [ ], by a woman called [ ].
3. There is a Garda Report on file dated the [ ]. It states that the Applicant was assaulted by [ ] after an [ ].
4. The assailant was arrested, charged and taken to a special sitting of [ ] District Court. She was remanded in custody and fined €3,000. No compensation was paid.
5. The Applicant suffered injuries to her eye and face, and she attended the local doctor. There are no medical reports on file.
1. Paragraph 21 of the scheme is relevant in this case.
2. 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’.
3. The incident in this case occurred on the [ ]. The Applicant’s application was received by the Tribunal on the [ ], which is five days outside the time limit.
4. The Applicant has not provided any reasonable explanation as to why the application was not submitted within the three-month time-limit. There is no evidence of circumstances which would justify exceptional treatment to extend the time, before the Tribunal.
5. It is noted that the Applicant was written to by the Tribunal on the [ ], and no further correspondence was received from the Applicant following this letter.
6. A further letter was sent to the Applicant on the [ ], asking the Applicant if she still wished to pursue her claim. No response was received.
7. In circumstances where no clear evidence has been put before the Tribunal to suggest why the three-month time limit should be extended, the Tribunal finds that there are no circumstances to justify exceptional treatment and it dismisses this application.
6. The Applicant’s claim fails under Section 21 of the scheme.
Majella Twomey
Criminal Injuries Compensation Tribunal
27 May 2022