Publication
50496 (16 June 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
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: 50496
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, and further a failure to give all reasonable assistance under Article 10 of the Scheme.
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 for compensation under the Scheme, received on [ ], the applicant (who was born on [ ]) outlined that he was assaulted at [ ], on [ ]. He describes how he was assaulted when [ ] to a house. He states that he was assaulted by two youths “from a crowd” and he states in his application form that he received a fractured skull and “emotional injury”. He states that he reported the matter to Gardaí on [ ]. He states that he was not admitted to hospital, but was treated as an outpatient.
3. No medical report was submitted. The applicant claimed a loss of earnings of €150 per week for one year. No vouchers or receipts were supplied, other than an estimate from a dentist in [ ] for $3,422.60.
4. A Garda Report dated [ ] was supplied to the Tribunal.
5. This Garda Report states that the incident occurred on [ ] (not [ ] as stated by the applicant).
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.
8. The applicant has provided a letter to the Tribunal stating that he was not aware of the existence of the Scheme.
9. A lack of knowledge of the Scheme is not a reason to extend the time limit which applies. 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.
10. The Tribunal wrote to the applicant on [ ], seeking further information from the applicant and also confirmation by [ ] he wished to proceed with the application. There was no response to this correspondence.
11. The applicant has not replied to correspondence in relation to his claim before the Tribunal. Therefore, I find that he has not given all reasonable assistance to the Tribunal as required under Article 10 of the Scheme.
12. I therefore decline to make any award.
Elizabeth Maguire
Criminal Injuries Compensation Tribunal
16 June 2022