Publication
52919 (1 February 2023)
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: 52919
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’).
2. In his application for compensation under the Scheme, received by the Tribunal on the [ ], the Applicant states that he suffered injuries by virtue of a criminal incident which occurred on the [ ].
3. In his application to the Tribunal the Applicant describes an incident which occurred in [ ] and resulted in significant scarring to the Applicant’s leg.
4. The Criminal Injuries Compensation Tribunal established under paragraph 17 of the Scheme the Tribunal “may pay ex gratia compensation in respect of personal injury where the injury is directly attributable to a crime of violence, or, as provided for in paragraph 4, to circumstances arising from the action of the victim in assisting or attempting to assist the prevention of crime, or the saving of human life”.
5. Applications to the Scheme require to be submitted no later than 3 months from the date of the incident given rise to the injury complained of. In the instant case the application was submitted approximately one year and nine months post the date of incident.
6. The Tribunal issued correspondence to the Applicant in respect of his application on the [ ], to which no response was received. In the absence of a response thereto the Applicant has failed to submit sufficient evidence to this Tribunal to consider the issue of whether exceptional treatment should be applied to this application in order to allow the application proceed outside the three month period provided for under the Scheme. Also, significantly, in the absence of vouching documentation, details of loss of earnings, or indeed sufficient medical evidence despite clear communication with the Applicant by the Tribunal the information required to assess this application has not been furnished.
7. As the Applicant has not established his claim, nor co-operated with the Tribunal in this regard pursuant to paragraph 11 of the Scheme which states as follows “No compensation will be payable to an Applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise”.
8. No award is made.
Georgina Robinson
Criminal Injuries Compensation Tribunal
1 February 2023