Foilsiú
51257 (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: 51257
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No compensation payable due to 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 his application for compensation under the Scheme, received on [ ], the applicant (who was born on [ ]) outlined that he was assaulted at his home by a named assailant. He does not describe how the incident happened. He described how received a head injury, fractures of his cheek bones, broken teeth, he says that his face nerves were injured and his right eye.
3. No medical report was submitted. He stated that he had incurred a cost of €225 for hospital expenses, €70 in respect of a flight to [ ] and dental treatment in the amount of €300. No receipts were submitted for any expenses. He states he was out of work from [ ] to [ ].
4. No Garda report was submitted to the Tribunal.
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 two weeks late.
7. In his application form, the applicant states that he received the application form on [ ] from his solicitor, and that the delay was caused by his “long treatment and frequent medical treatment trips to [ ]”.
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 and the information regarding his injuries, I am 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.
10. In the circumstances I find that there are circumstances supplied to the Tribunal which justify exceptional treatment and I therefore admit the claim for consideration. I have taken into account that the application form was lodged some two weeks late and that the injuries described included a head injury and other serious injuries.
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