Publication
50036 (23 May 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: 50036
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 9 and paragraph 21 of the Scheme.
1. Mr [ ] (‘the applicant’) submitted an application to the Criminal Injuries Compensation Tribunal on the [ ] in respect of an incident which occurred on the [ ].
2. The Applicant notified the Tribunal of his intention to bring the application on the [ ].
3. Mr [ ], date of birth: [ ], with an address at [ ] stated that on the [ ] at around about 7.00pm he was assaulted by [ ] at [ ]. During the course of an altercation with the assailant Mr [ ] stabbed the Applicant and punctured his lung. He was five weeks in hospital. At the time that he lodged the application to the Tribunal the Applicant was resident in [ ] in [ ]. He stated that his reason for not submitting the application within the time limit set out by the scheme “I was not aware that this scheme was in being hence my delay in making this claim”.
The Application was written to on the [ ] by the Secretariat. It was pointed out to him that the scheme covers out of pocket expenses incurred as a direct result of an incident. He was invited to submit details of out of pocket expenses and to furnish receipts. He did telephone the tribunal and stated that he would send in receipts but never did so. Nothing further has been heard from him.
On the [ ] he was written to by the Tribunal requesting that documentation be forwarded including original receipts and vouching documentation in relation to his out of pocket expenses. A copy of the Garda Report was also furnished to him. No response was received to same.
4. 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 €500.00 should be awarded”.
In fact this figure was lower under the revised scheme. The Applicant however has not submitted any details of any out-of-pocket expenses and therefore the Tribunal is not in a position to determine that compensation above €500.00 should be awarded.
The Application fails on this basis alone.
5. However it should also be pointed out that under Article 20 of the scheme (previously Article 21) it provides “ application should be made as soon as possible but accepted 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 application”.
Leaving aside the issue of the two year time limit under the new scheme it has long been established that lack of knowledge of the scheme is not sufficient grounds to justify exceptional treatment.
Therefore, even if the Applicant was in a position to establish that he complied with the provisions of Article 9 it is the view of this Tribunal member that he would also have failed under Article 20 (previously Article 21).
6. He has not met some of the requirements set out hereunder.
7. From the foregoing, I am satisfied that the applicant has established, on the balance of probabilities, that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence. Accordingly, I provisionally admit the application for consideration under Article 1 of the Scheme.
8. Provides no compensation will be payable unless the Tribunal is satisfied that the injury is such that compensation of not less than €500.00 should be awarded”. No evidence has been submitted to comply with this requirement and accordingly the application is dismissed on this ground.
9. In addition Article 20 provides: “application should be made as soon as possible but accepted 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 application”. No Such circumstances have not been submitted other than lack of knowledge which does not justify exceptional treatment and accordingly the application is dismissed on this ground.
The application is dismissed under Articles 9 and 20 of the Scheme.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
Dated: 23 May 2022