Foilsiú
50409 (23 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: 50409
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The Application is dismissed under the terms of Article 9 of the scheme.
1. Mr [ ] (‘the applicant’) date of birth: [ ] of [ ] has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. This is an application for compensation under the Scheme, dated [ ] in respect of an incident which happened on the [ ] [ ] when he was attacked by three people. He suffered an eye injury as a result of this attack and unfortunately lost the sight in his right eye.
He was taken to the [ ] Hospital where he underwent emergency surgery to his right eye. This attack was completely unprovoked.
The application for was submitted on the [ ] which is outside the three month time limit under Article 21 (now Article 20) of the Scheme.
3. Article 20 of the scheme (previously Article 21) it provides “application 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”.
4. No such circumstances have been submitted to allow the Tribunal consider exceptional treatment
5. The Applicants’ [ ] wrote on the [ ] to the Secretariat indicating that details of the out of pocket expense would be furnished in due course.
6. On the [ ] a copy of the Garda Report was forwarded to [ ].
7. No further information has been submitted by [ ]. They were written to again on the [ ] and referred to the correspondence of the [ ].
8. Enquiries were also made by the Secretariat to see whether documentation including original receipts would be forwarded. No response has been received to that correspondence.
9. Article 9 of the scheme provides “no compensation will be payable unless the Tribunal is satisfied that the injury is such that compensation of not less than €500.00 should be awarded”.
The Applicant and/or his Solicitors have not submitted any details of any out of pocket expenses incurred by him as a result of this terrible attack .The Tribunal cannot determine if the threshold of €500.00 has been met Under the circumstances the application does not meet the requirements of Article 9 and accordingly is dismissed under the terms of Article 9 of the scheme.
The Tribunal does not propose to consider the question of the lateness of the application under Article 20 as it does not meet the initial requirement that compensation of not less €500.00 should be awarded.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
Dated: 23 May 2022