Foilsiú
54132 (6 October 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: #54132
Date of incident: [ ]
Date of application: [ ] (Received by the Tribunal [ ])
Decision outcome: The application refused under para 21.
1. Mr [ ] (‘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 at his home address on [ ] as a result of being assaulted. In his application form, the applicant stated that, as a result of the assault, he suffered an eye injury, cheek injury and a head injury. The applicant was treated for his injuries at [ ] Hospital. Under the ‘Expenses’ section of the application form, the applicant did not specify or particularise any out of pocket expenses which he had incurred as a result of the alleged assault upon him.
3. A report from An Garda Síochána, dated [ ], was on file. The report confirmed that the applicant stated that he had been assaulted at his home address by an unknown person who had broken down his front door and punched him in the face. The applicant was noted to have sustained minor injuries to the left side of his face.
4. 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.’
5. 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.
6. 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 3 months’ late.
7. At Section 2(f) of the application form, dealing with reasons for the late submission of the application for compensation, the applicant stated as follows: ‘I hoped that the police would investigate this crime against me, the criminals would be found and brought to justice.’
8. 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.
9. The Tribunal therefore refused to admit the application under paragraph 21 of the Scheme.
10. NA.
11. NA.
16. NA.
17. Nil.
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
6 October 2023