Publication
50584 (30 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 50584
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award.
1. [ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’) on the [ ].
2. This application arises out of incident which occurred on the [ ]. In the application form the Applicant describes an incident which occurred at [ ]. The Applicant states that he went to the toilet and was urinating when he suffered an unprovoked attack by a known assailant. The Applicant states that he suffered a fractured rib and a swollen/enlarged liver. He was treated at University Hospital, Cork. The matter was reported to Glanmire Garda Station.
3. Paragraph 21 of the relevant scheme, (now paragraph 20), “requires application to 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 date of the event giving rise to this injury”. The application in this case was submitted significantly later than the statutory period allowed. The Applicant’s legal representatives have stated that the sole reason as to why the application was not submitted within the statutory time period provided under the terms of the Scheme was that their client was unaware of his rights in this regard. This alone is not sufficient reason as a result of which this Tribunal could elect to exercise its discretion to extend time for the making of this late application under the terms of the Scheme. This application is therefore dismissed and no award is made.
No award.
Georgina Robinson
Criminal Injuries Compensation Tribunal
30 May 2022