Foilsiú
23753 (10 March 2023)
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: #23753
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Not admitted as failure to apply within time under paragraph 20 (previously paragraph 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 for compensation under the Scheme, signed and dated [ ], the Applicant says that he suffered personal injuries when he was assaulted by an unknown person from behind when leaving a nightclub in the early hours of [ ].
3. He subsequently gave an account of the assault to the Gardaí on [ ], recounting that his tooth was knocked out without provocation or warning.
4. No particular reason is apparent on the papers as to why the Applicant did not make the application within three months.
5. The Tribunal wrote to the Applicant’s solicitors by letter dated [ ] acknowledging the application, and stating that receipts of out-of-pocket expenses would be required in due course. A letter from the Applicant’s solicitors enquired whether payment could be made pending dental work being completed and this was responded to by letter dated [ ] seeking details of the cost to date and the expected cost of future treatment and the cost of any report. No response was received to this letter. A further letter was sent enclosing the Garda report, dated [ ] and seeking the completed dental report. No response was received to this letter either.
6. A further letter asking if the Applicant still wanted to pursue the application and seeking the documents previously sought was sent to the Applicant on [ ]. No response was received to this letter.
7. The Scheme provides at paragraph 20 (previously paragraph 21) as follows:
“20. 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...”
8. In this case, the application was made some 13 days after the three-month deadline. From the papers on file, it is not clear that there are circumstances which justify the admission for the application for consideration.
9. In addition, 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.”
10. 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.
11. The Applicant has not provided any reason as to why the application was made after the three month deadline. I therefore do not admit the application for consideration under the Scheme, pursuant to para. 20 (previously para. 21). In any event, the Applicant failed to give all reasonable assistance to the Tribunal and even if admitted, I would therefore make no award under paragraph 10 (previously para. 11) of the Scheme.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
10 March 2023