Foilsiú
53036 (27 January 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: 53036
Date of incident: [ ] and 2nd and [ ]
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. The Applicant lodged an application for personal injuries with the Criminal Injuries Compensation Tribunal on the [ ] in respect of an incident which happened between the [ ] and [ ] at [ ].
3. The Applicant claimed she had suffered a number of assaults caused by her neighbour. She said that two assaults (situations) occurred. She said that she has pains, problems with concentration, hearing problems, difficulties with eating. She also has mental problems. She said that the offender is actually wanted by [ ] for drug offences and rape and assault. She described the injuries as her mouth clicking with pain, very hard to eat anything, head pains, needles, ear hearing problems. She received treatment at [ ] Regional Hospital.
4. She did not detail any special damages in her application form and stated that she had a medical card and that her only spending was for petrol, parking tickets. No details have been submitted in respect of any of those items.
5. The Tribunal wrote to her on the [ ] acknowledging receipt of her application to the Tribunal.
6. In the letter it was stated: “when your injuries have stabilized, your treatment is complete and you are no longer to be considered to be unfit for work please arrange to have the following documentation forwarded to the Tribunal”. The letter then went on to request a copy of the P60, a statement from the Department of Social Protection and original receipts in respect of payments the Applicant had to make as a result of the Injuries. No response was received to that correspondence.
7. On the [ ] the Tribunal wrote to the Applicant in the following terms: “I would be grateful if you could let the Secretariat know if you still wish to pursue this application. A copy of the most recent correspondence is attached for your information. Please respond in writing quoting the above reference number by [ ]. If no response is received by this date the application will be submitted to a Tribunal member who will make a decision”.
8. Article 9 of the scheme provides “no compensation will be payable unless the Tribunal is satisfied that the injury is such that compensation of not less than £50 (€63.50) should be awarded”. The Applicant has not claimed any specific sum in respect of out of pocket expenses attributable to the injury. Furthermore she has not submitted any original vouchers.
9. As a result of this lack of claim and lack of evidence it is impossible for the Tribunal to determine as a matter of probability that the Applicant has met the requirements of Article 9 of the scheme and accordingly the application is dismissed under Article 9 of the Scheme.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
27 January 2023