Foilsiú
50634 (11 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: 50634
Date of incident: [ ]
Date of application: [ ] (received by the Tribunal [ ] )
Decision outcome: The application is refused under para 21.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application form, the applicant stated that he had suffered injury as a result of being assaulted at an address at the [ ]. The application form did not specify the date of the alleged incident or the time of its occurrence. The applicant alleged he had been assaulted from behind by two males and struck on the back of the head with a stick. The applicant stated that he received in-patient treatment at [ ] General Hospital and subsequent treatment from his GP.
3. A report from An Garda Síochána and a statement from a Garda were contained on the file. Both stated that a local taxi driver called to [ ] Garda Station at approximately 3.30am on [ ]. The front seat passenger had blood on his face and alleged he had been assaulted. However, he refused to give any further details to Gardaí and left the Station in the taxi.
4. The applicant’s application for compensation was received by the Tribunal on [ ].
5. Paragraph 21 of the Scheme states:
‘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.’
6. As can be seen, the application was required to have been made to the Tribunal by the applicant promptly and not less than three months from the date of the incident. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the Tribunal considers that the circumstances which resulted in the late submission of the application justify exceptional treatment.
7. In this instance, the application form ought to have been lodged with the Tribunal no later than by [ ]. In the event, the application form was received by the Tribunal [ ]. As such, it was lodged approximately eight months’ late.
8. In subsequent correspondence, the applicant’s solicitors advised that the applicant had been unaware of the existence of the Scheme and, if he had been so aware, would have lodged the application timeously.
9. Having carefully considered the matter, the Tribunal could identify no circumstances justifying exceptional treatment which would permit the exercise of its discretion in favour of admitting the application under the Scheme.
10. The Tribunal therefore refused to admit the application under paragraph 21 of the Scheme.
11. For the avoidance of doubt, had the application been admitted under the exceptional treatment provision contained in paragraph 21, the application would have been refused under paragraph 23 of the Scheme on the basis that the applicant had failed to demonstrate that the offence giving rise to the injury had been the subject of criminal proceedings and/or that he had reported the incident to Gardaí without delay.
12. NA
13. NA
14. NA
15. NA
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
11 July 2022