52917 (11 April 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: 52917
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is dismissed under Article 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 received on the [ ] in respect of an incident which occurred on the [ ].
3. In his application the Applicant states that he was assaulted on the [ ] at the [ ].
4. The offender was charged with a Section 3 Assault.
5. As a result of the assault the Applicant received six stitches to his nose. He had recently undergone shoulder surgery and this took longer to heal. He was actually out of work at the time of his shoulder operation.
6. The application was received some two weeks outside of the three month time limit for lodging applications under the scheme and this will be referred to later on.
7. The Applicant submitted from [ ] Medical Centre receipts for the sum of €50; Pharmacy in the sum of €17.54 and [ ] Doc in the sum of €50.
8. On the [ ] the Applicant was written to enquiring to know if he still wished to pursue the application and if no response was received that the application would be submitted to a Tribunal Member who will make a decision.
9. No response has been received from the Applicant.
10. Article 20 of the scheme (previously Article 21) it provides “applications should be made as soon as possible but except in circumstances determined by the Tribunal to justify exceptional treatment no later than three months after the event giving rise to the injury”. The Applicant’s application was outside of the three month time limit. No circumstance was forwarded by him as to the Tribunal to consider whether to justify exceptional treatment and accordingly the application is dismissed under Article 21 of the Scheme.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
Date 11 April 2023