Foilsiú
54337 (30 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: 54337
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 his application form, the applicant stated that he had suffered injury as a result of being assaulted at [ ] on [ ]. In his attached statement which he made to An Garda Síochána, dated [ ], the applicant stated that he was out for the evening with friends. At the bar in question, the applicant stated that an altercation started which was quickly diffused. Later, in the [ ], the applicant was approached by two of the males which had been involved in the earlier altercation. The applicant described being punched by one of the males, after which both males ran off. The applicant sustained injuries to his mouth as a result of being punched which required dental treatment.
3. The applicant was written to by the Tribunal to request information in support of his claim, to include original receipts and out of pocket expenses. No response to the correspondence having been received, on [ ], the Tribunal wrote to the applicant to advise that unless the outstanding information was provided on or before [ ], the file would be sent to a Member for decision.
4. No response to the letter was received by the Tribunal from the applicant.
5. The applicant’s application for compensation was received by the Tribunal on [ ].
6. 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.’
7. 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.
8. 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 ten months’ late.
9. In the application form, at Section 2(f), the applicant set out the reasons why the application was lodged outside the three-month time limit as provided by the Scheme.
10. The applicant stated:
‘When I begun treatment for the damage done to my teeth, there was no way to estimate the total cost of fixing them due to an unknown extent of the damage to the nerve on the teeth affected. In the end, one tooth was lost, while the other tooth is showing signs of life. the tooth that was lost had an extensive set of work that was not completely finalised (and thus the cost) until [ ]. Once I received the final costing, I contacted the Tribunal.’
11. Having carefully considered the matter, which included the applicant’s response at Section 2(f) of his application form, 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.
12. The Tribunal therefore refused to admit the application under paragraph 21 of the Scheme.
13. 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 11 of the Scheme on the basis that the applicant had failed to provide all reasonable assistance to the Tribunal in the furtherance of his claim.
14. NA
15. NA
16. NA
16. Nil.
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
30 May 2022