Publication
52825 (25 March 2023)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application of [ ]
Application number: 52825
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award.
The Applicant applied to the Tribunal arising from an incident which occurred on the [ ] at [ ]. The Applicant was subjected to an assault and sustained personal injury.
The Applicant states that he sustained broken teeth. He attended a dentist for assessment and was advised that he would require implants.
The incident in this case was reported by the Applicant to An Garda Siochana in [ ] on the [ ] and the Applicant made a formal statement of complaint. The matter was investigated by Garda [ ]. The offender was prosecuted and convicted in the District Court. The Applicant received payment of compensation in the sum of €[ ].
The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.
Paragraph 21 of the General Scheme (pre-April 2021) states that “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”. In this case the application was received on the [ ] and was late. The Applicant states that the criminal proceedings concluded on the [ ] and he received compensation of €[ ]. However, this left a deficit in the amount that would be required for implant treatment. It was then that the Applicant sought legal advice and submitted an application to the Tribunal. This Member of the Tribunal accepts that circumstances are such to justify exceptional treatment and the application is therefore admissible.
The Applicant does not appear to have been out of work following the incident and no loss of earnings claim arises.
The Applicant has submitted a letter confirming that the cost of required dental implants was €4,400. However, his Solicitors stated that the Applicant was not in a position to complete his treatment as he could not afford to do so at that time.
No other loss has been identified and no vouchers for any other out-of-pocket expense have been received at any time.
The Applicant was the victim of a crime of violence which occurred on the [ ] at [ ] when he sustained personal injury.
The Tribunal notes that no out-of-pocket expense or loss has been incurred and vouched at any time. The Applicant was advised that he required implant treatment, however he could not afford to undergo same at the time. The Tribunal has no power to award general damages for injuries sustained.
In the circumstances, the Tribunal makes no award.
Dated the 25th day of March 2023.
Cathal Lombard
Tribunal Member