Foilsiú
51981 (11 November 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: #51981
Date of incident: [ ]
Date of application: [ ] (received by the Tribunal on [ ])
Decision outcome: The application 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 a residential address in [ ] on [ ]. In his application form, the applicant stated that, as a result of the assault, he sustained a large wound to his face. The applicant received treatment for his injuries at [ ], [ ]. In a report from An Garda Síochána, dated [ ], a detailed backdrop to the incident was set out. It was the belief of Gardaí that the applicant’s assault was part of a bigger picture as a result of a falling out between individuals.
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. 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 on [ ]. As such, it was lodged approximately two years and 9 months’ late.
8. At Section 2(f), dealing with delay, the applicant stated in the application form that, following the assault, he fled the country and that the offenders pleaded guilty in [ ]. This was the reason asserted by the applicant for the late submission of the application form outside the tree-month period as set out in paragraph 21 of the Scheme.
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 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.
12. N/A.
13. N/A.
16. N/A.
17. Nil.
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
11 November 2022