Publication
50025 (22 September 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: 50025
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Application refused under Paragraph 21 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’). The Applicant submitted a completed application form in respect of his claim which was received by the Tribunal on [ ].
2. In his application the Applicant states that he suffered significant injuries during a very serious and violent incident involving five assailants on [ ] including inter alia various stab wounds to his head, body and hands. The Applicant also suffered serious flesh wounds to his arm and leg, which necessitated plastic surgery. The Applicant reported the incident to An Garda Síochána and all five assailants were subsequently charged and convicted of serious offences, including rape, robbery, assault causing harm and false imprisonment and received very significant custodial sentences. The Applicant has not submitted any medical report in respect of his injuries.
3. The Applicant appears to have been absent from work for a significant time post incident. The Tribunal has received correspondence dated [ ] from [ ]’ confirming that the Applicant worked there from the date of the incident until [ ], earning €500 per week. It appears from correspondence between the Applicant/Applicant’s solicitor and the Tribunal Secretariat that this company went into liquidation sometime thereafter and did not provide the Applicant with his P45 or P60 forms. The Applicant’s solicitor confirms that the correspondence dated [ ] is the only evidence that the Applicant can call in respect of loss of earnings.
4. The Applicant’s claim form states that his loss of earnings in the period [ ] to [ ] (when the form was likely sent to the Tribunal) as being €43,490. There is a significant amount of correspondence on file between the Tribunal Secretariat, the Applicant’s solicitors and the Department on Social Protection in respect of the Applicant’s claim for loss of earnings. Unfortunately this correspondence did not produce any further evidence upon which the Applicant could base a claim for loss of earnings and therefore it appears from the paperwork supplied that this claim cannot be substantiated.
5. By letter dated [ ] the Tribunal wrote to the Applicant’s solicitor drawing the Applicant’s attention to Article 21 of the Scheme and offering the Applicant an opportunity to consider and potentially address this issue prior to the matter being sent for a decision. No reply to this correspondence was received.
6. Paragraph 21 of the Scheme states:
‘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….’
7. As can be seen, the application was required to have been made to the Tribunal by the Applicant promptly and no less than three months from the date of the incident. In this instance, the application ought to have been lodged with the Tribunal no later than by [ ]. The application was received by the Tribunal on [ ], almost twenty months after the date of the incident giving rise to the alleged injuries.
8. There is an onus on an applicant who makes a claim under the Scheme to submit it in accordance with Paragraph 21. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the prevailing circumstances permit exceptional treatment of the application. In the instant case no explanation or circumstances have been put forward by the Applicant that would justify exceptional treatment and which would permit the Tribunal to exercise its discretion in favour of admitting the application under the Scheme. The Tribunal therefore refuses to admit the application under Paragraph 21 of the Scheme.
9. N/A.
10. N/A.
11. N/A.
12. Nil.
Marc Murphy
Criminal Injuries Compensation Tribunal
22 September 2022