Foilsiú
54428 (16 June 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: 54428
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No compensation payable as the application was received after the time limit provided in Article 20 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 for compensation under the Scheme, received on [ ], the applicant (who was born on [ ]) outlined that he was assaulted at [ ] on [ ]. He was a taxi-driver by trade. He describes how he was assaulted by a named assailant. He received a blow to the head, and he states that he has not been able to work since that date due to concussion symptoms. He further states that he has post-concussion syndrome and possible vestibular vertigo.
3. A medical report of Dr. [ ] of [ ] was submitted.
4. The applicant claimed a loss of earnings of €37,500 up to [ ], with a future loss of earnings of €730,620. Vouchers relating to medical and other expenses were submitted.
5. A Garda Report dated [ ] was supplied to the Tribunal.
6. Article 20 of the Scheme provides as follows:
“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. No applications may be accepted by the Tribunal where the event giving rise to the injury took place more than two years prior to the date of the application.”
7. As the application form was received on [ ], it was not submitted within the time permitted under the Scheme. In this instance, the application ought to have been lodged with the Tribunal no later than by [ ]. The application was received by the Tribunal on [ ]. As such, it was lodged twelve weeks late.
8. In his application form, the applicant states that he was not aware of the existence of the Scheme until “a chance meeting” with his solicitor. He also states that the case against his assailant had not been dealt with at the date of the application, but was due to be heard in [ ].
9. In a letter dated [ ] from the applicant’s solicitor, it is reiterated that the applicant was not aware of the Tribunal and that he felt it was not appropriate to make a claim until the offender was convicted.
10. There is an onus on an applicant who makes a claim under the Scheme to submit it in accordance with paragraph 20. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme in exceptional circumstances.
11. Having carefully considered the evidence addressing the applicant’s reasons for not submitting his application in a timely fashion, I am not persuaded that the reasons advanced for the late submission of the application form amount to exceptional circumstances which would permit the exercise of the Tribunal’s discretion in favour of admitting the application under the Scheme.
12. In the circumstances I find that there are no circumstances supplied to the Tribunal which justify exceptional treatment and I therefore do not admit the claim for consideration.
13. I therefore decline to make any award.
Elizabeth Maguire
Criminal Injuries Compensation Tribunal
16 June 2022