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Criminal Injuries Compensation Scheme: Your questions answered
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 administers 2 schemes:
This information concerns the Scheme of Compensation for Personal Injuries Criminally Inflicted only and not the Scheme of Compensation for Personal Injuries Criminally Inflicted on Prison Officers. The terms and conditions of the Scheme are available on this website.
The Tribunal members are qualified barristers and solicitors. Under the terms of the Scheme, the Tribunal is limited to a Chair and ordinary members who act on a part time basis.
The Tribunal is independent in making decisions on individual applications and in its decisions on appeals. Only vouched out-of-pocket expenses are eligible for reimbursement under the Scheme and applicants should be aware that the Tribunal does not award compensation for pain and suffering to victims of crime.
In addition to applications made by victims of crime, applications by dependents arising from fatal injuries are also eligible for consideration by the Tribunal.
The injuries (fatal and non-fatal) must have been sustained within the State or aboard an Irish ship or aircraft.
One of the requirements for the Tribunal to consider an application under the Scheme is that the incident has been reported to An Garda Síochána (or the Garda Síochána Ombudsman Commission (GSOC) where the crime is alleged to have been carried out by a member of An Garda Síochána.) The applicant victim must also have co-operated and continue to co-operate insofar as possible, as required, with the Gardaí (or GSOC if applicable) in their investigation of the incident.
An application must be made in writing as soon as possible after a crime of violence causing injury, including fatal injury, but in all cases not later than 3 months from the date of the event giving rise to the injury.
The official date of receipt of an application is deemed to be the date on which the Tribunal receives the application form.
The Tribunal may accept late applications (that is, applications submitted three months after the event giving rise to the injury) for up to a maximum period of 2 years after the incident, if it is satisfied that the circumstances of the late application justify exceptional treatment. Detailed reasons for the submission of the late application must be outlined in the relevant section of the application form.
Please note that following the government’s approval on 12 December 2023 a technical change concerning the submission of late applications under the Criminal Injuries Compensation Scheme will come into effect as of from 31 January 2024 and will operate for a period of 12 months.
During this period applicants who were criminally injured in the time period after 30 June 2005 and before 20 April 2021 may submit a late application. Such applications may be accepted for consideration under the Scheme by the Tribunal if it believes exceptional circumstances exist which justifies a late application.
Note: Where the applicant was a minor at the time of the event giving rise to the injury criminally inflicted, the time limits commence from the moment the applicant reaches the age of majority (that is, 18 years of age).
In the case of late applications, applicants must insert reasons on the application form to explain the delay. It is a matter for the Tribunal to consider the circumstances of a late application and decide if the reasons provided by the applicant justify exceptional treatment and whether to admit it.
Applications lodged with the Tribunal on or prior to 20 April 2021 will continue to be dealt with under the terms of the Scheme that applied at the time of application, subject to the following administrative amendments which are either clarifications or procedural in nature:
The terms and conditions of the Scheme are available here: Terms and conditions of the Criminal Injuries Compensation Scheme
2 application forms are available depending on whether the application involves a fatal or non-fatal injury. These can be downloaded from the following page: Criminal Injuries Compensation Scheme
In submitting an application, you should include a copy of your statement to an Garda Síochána (or GSOC where it is alleged a member of An Garda Síochána committed the crime), where available.
In considering applications, the Tribunal will require a report about the incident from An Garda Síochána.
The compensation available under the Scheme is intended to cover vouched out of pocket expenses incurred by the victim of crime, such as medical treatment, dental treatment, prescriptions, spectacles replacement, travel expenses to avail of medical/dental/optical treatment and loss of earnings to date and into the future, incurred, if any, as a result of the criminal injuries sustained.
An applicant may also apply for any expenses that were incurred in obtaining medical or other expert reports to support an application to the Tribunal. Where required by the Tribunal, expert reports (for example: from medical professionals/actuaries) must be submitted from certified professionals who operate independently of the applicant.
Applicants should state the net amount claimed, including any relevant supporting documentation. Receipts for expenses must be submitted when advised by the Tribunal secretariat to do so.
Please note that the Criminal Injuries Compensation Scheme does not pay compensation for general damages, that is, pain and suffering, which may have been incurred because of a crime of violence.
The only exception to this is that in fatal cases the Scheme also provides that an award may be made in respect of the mental distress suffered by the dependents of the victim. This payment is provided for by way of the Civil Liabilities Acts which currently provides for a maximum amount of €35,000 to be awarded among eligible dependents as is decided by the Tribunal.
Further details on the nature of compensation which can be claimed is provided on the Scheme’s application forms available at: Criminal Injuries Compensation Scheme
The Scheme provides that there can be no double compensation. Where the State has already funded medical treatment and/or prescription costs, those costs cannot be recovered again.
If prescription costs were not covered by a medical card or otherwise by the State, these expenses may be claimed for.
Any amounts not reimbursable and paid for by the applicant under the Drugs Payment Scheme may be claimed. Receipts for expenses incurred must be submitted when advised by the Tribunal secretariat to do so.
Under the terms and conditions, the Criminal Injuries Compensation Scheme does not award compensation for general damages, that is, pain and suffering, which may have been incurred because of a crime of violence.
The only exception to this is that in fatal cases the Scheme also provides that an award may be made in respect of the mental distress suffered by the dependents of the victim. This payment is provided for by way of the Civil Liabilities Acts which currently provides for a maximum amount of €35,000 to be awarded among eligible dependents as is decided by the Tribunal.
Where a victim claims compensation otherwise than under the Scheme for the injury (for example: through the courts) or where the applicant has received funding from another source (for example: Department of Social Protection, HSE), the victim will not be prohibited from making an application to the Tribunal.
However, under the terms of the Scheme, when making an award, the Tribunal has to ensure that a person is not being or has not been compensated for the same injury from a different source.
Where someone receives compensation for the same injury from another source the Tribunal may decide that no award should be made or that the award should be reduced by a certain amount to take into account the other funding or award received. They may also decide that where the Tribunal has already paid money to an applicant, the applicant should repay it.
As per question 11 above and in accordance with the terms of the Scheme, no payment under the Scheme may result in compensation being duplicated.
It is a matter for the applicant to inform the Tribunal of the conclusion of any criminal or civil proceedings and any compensation awarded. Typically, secretariat staff will not forward an application to the Tribunal for decision while civil and or criminal court proceedings are ongoing and the Tribunal will wait for the conclusion of the proceedings before a decision on the application is made.
When making an award, the Tribunal has to ensure that a person is not being compensated for the same injury from a different source. So where someone receives compensation for the same injury through the courts, the Tribunal may decide that no award should be made or that the award should be reduced by a certain amount. They may also decide that where the Tribunal has already paid money to an applicant, the applicant should repay it.
The Scheme covers personal injury only and makes no provision for compensation in respect of stolen or damaged property, even if such property was stolen or damaged at the same time and by the same offender who caused or inflicted the injury the subject of an application.
The terms and conditions of the Scheme set out limitations and restrictions of compensation.
Applicants will note that:
The Criminal Injuries Compensation Tribunal only considers applications from those injured as a result of a crime sustained within the State or aboard an Irish ship or aircraft.
The victim of a crime of violence should make inquiries with the relevant State where the crime occurred, as to whether or not they have a criminal injuries compensation scheme.
The European Commission provides a portal, which sets out the schemes available in EU Member States. See: https://e-justice.europa.eu/content_compensation-67-en.do
The Criminal Injuries Compensation Tribunal will consider applications from any resident in the State or any visitor injured as a result of a crime sustained in the State or aboard an Irish ship or aircraft.
No, under the terms of the Scheme, proceedings before the Tribunal are informal. While an applicant is always entitled to seek independent advice or representation, including legal advice, the Scheme makes no provision for awarding legal costs and consequently the Tribunal has never awarded legal costs to an applicant.
The length of time in finalising claims may vary considerably depending on the nature of any particular case. Some cases are more complex than others and it is not possible to provide a specific timeframe. Currently 6 departmental staff act as secretariat to the Tribunal. These staff receive applications and gather the necessary information in relation to each application. In accordance with the terms of the Scheme, a decision of first instance on an application may be made by a duly authorised officer of the Tribunal in cases where the amount involved does not exceed €3,000. The Tribunal may appoint one of the Tribunal staff, usually the Secretary, as a duly authorised officer.
Where the amount sought is greater than €3,000, the application must be submitted for decision of first instance to the Tribunal. Where the amount sought is below €75,000, the application will be decided at first instance by a single Tribunal Member and where the amount sought is above €75,000, the application will be decided collectively by 3 Tribunal Members.
In terms of the duration of the process, it may take several years before an application for compensation is ready for submission to the Tribunal for consideration and decision.
For example, typically final Garda reports on the crime are required, as are the outcomes of any court cases initiated. The Tribunal will not consider an application for compensation until An Garda Síochána (or GSOC where relevant) has concluded its investigation.
In addition, in some cases the extent of injuries suffered by the victim may not be known for some years. The Tribunal requires medical opinions on injuries. Depending on the nature of the injuries, the operations or other interventions required and reports on same, this may take months or years in some cases.
It is also the case that the assessment of loss of earnings for consideration by the Tribunal may be complex to determine and may require employer assessment, social welfare reports or actuarial assessment. These and other factors will have an impact on the duration of any particular application.
It is open to an applicant to appeal the decision of first instance to an appeal hearing consisting of a panel of 3 members of the Tribunal. Any members who made the original decision cannot be a member of the Tribunal appeal panel.
Hearings will be in private. All information before the Tribunal will be available to the applicant. 3 members of the Tribunal will hear the appeal (this will not include any Tribunal members involved in the first decision on the claim). A member of the Tribunal’s secretariat staff will also be in attendance. The hearing may be held remotely (for example: by teleconference or video conference) or onsite.
The proceedings will be by way of a presentation of his or her appeal by the applicant. Members will ask questions about the documentation submitted by the applicant. An appeal hearing treats the appeal as if the application is being made for the first time and will disregard the original application and the decision under appeal. The amount awarded may stay the same, may be increased or may be decreased depending on what the appeal panel decides.
An applicant may be accompanied to the appeal hearing by their legal advisor or another person, however the Scheme makes no provision for awarding legal costs and the Tribunal cannot make any award in respect of the applicant’s costs of legal representation.
No. Under the terms and conditions of the Scheme, the decision of the Tribunal following an appeal is considered to be final.
The onus is on an applicant to make the claim.
Tribunal secretariat staff are available to answer queries about the process of making an application. They have no role in decision-making.
The Tribunal itself consists of a Chair and ordinary members who are qualified barristers or solicitors. The Tribunal members decide in any particular application is admissible and whether an applicant is entitled to an award of compensation under the Scheme. The Tribunal is independent in the matter of decisions on individual applications.
As a designated public body under the Irish Sign Language Act, 2017, the Criminal Injuries Compensation Tribunal will, upon request, make available to ISL users free ISL interpretation services as is required for their dealings with the Tribunal which will be provided by an accredited interpreter.
Decisions of the Tribunal, redacted to remove personal data, may be made publicly available.