Foilsiú
23738 (13 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: 23738
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No compensation awarded as failure to give the Tribunal all reasonable assistance.
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, signed and dated [ ], he stated that he was that he was attacked by an intruder in his own home. In the course of defending himself, the tendons in his ring finger and little finger were cut through.
3. The Applicant claimed for medical expenses, and stated that his work as a [ ] had been adversely affected and he had lost income. The perpetrator was convicted and sentenced to [ ] and [ ].
4. The Tribunal wrote to the Applicant on [ ] asking for documentation to support his claim for loss of earnings. No response was received. A further letter from the Tribunal was sent on [ ] providing the Garda report and again seeking documentation by reference to earlier correspondence. No reply was received to this letter.
5. A further letter dated [ ] was written to the Applicant asking that the Applicant indicate whether he wished to pursue his application, and if so, for him to furnish the documents required. No response was received to this letter.
6. The Scheme provides at paragraph 1 that it applies to situations where:
“the injury is directly attributable to a crime of violence…”
7. I am satisfied that the applicant has established, on the balance of probabilities, that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence. Accordingly, I admit the application for consideration under the Scheme.
8. 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.”
9. From the foregoing lack of reply to the letters from the Tribunal, I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.
10. This is aside from any consideration of whether the applicant has disclosed circumstances that justify exceptional treatment for submitting the application more than three months after the incident, under para. 20 (previously 21) of the Scheme.
11. The Applicant has established that he was the victim of a crime of violence. Accordingly, I admit the application for consideration under the Scheme.
12. The Applicant has not provided all reasonable assistance to the Tribunal in relation to the application. Therefore, I make no award of compensation under the Scheme.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
13 May 2022