Publication
54401 (30 January 2020)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal - General Scheme
Single Member Decision
made on the 30th day of January 2020
File No. 54401
Application of: [ ] (the Applicant)
Date of incident: [ ]
Application date: [ ]
The Applicant suffered injuries from a violent assault at [ ] on [ ]. The offender was prosecuted and convicted for the offences. The Applicant did not apply to the Tribunal until [ ], although he notified it on [ ].
Article 21 of the Scheme requires that applications 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 injuries.
This application is late, having been made almost a full year after the assault.
The Tribunal is requested to determine the circumstances of the late application as justifying its exceptional treatment. The circumstances outlined by the Applicant are that he had been informed of the Scheme by An Garda Síochána together with other supports information but cannot explain why he did not notice the information provided about the Scheme and that he was reminded about the Scheme about a year after his assault when someone who had received compensation asked him if he had applied.
The Tribunal is not satisfied in the circumstances of this late application that its exceptional treatment is justified and the Application is therefore not admitted. The Tribunal considers that to admit this late application in such unexceptional circumstances would be unfair to most applicants who apply within 3 months of injury and also to the few whose applications have been refused as late.
In circumstances where the Application is not admitted, it is not necessary for the Tribunal to consider or make any determination or assessment as to what special damages, if any, the Applicant suffered as a result of his injuries. The Scheme makes no provision for general damages in the circumstances of this application, even if it was admitted.
Signed: [ ]