Publication
54795 (29 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: #54795
Date of incident: [ ]
Date of application: [ ] (Received by the Tribunal [ ])
Decision outcome: Final award in the sum of €1,536.64.
1. Mr [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application form, the applicant stated that he had sustained injury as a result of a burglary at his home address on [ ]. The applicant stated that an intruder entered his home at approximately [ ] and he was awoken by this intruder who was standing at the end of his bed with [ ]. The applicant stated that he had suffered from post-traumatic stress and sleep disturbance as a result of the incident and was treated by his GP for reactive stress. The applicant claimed for earnings lost as a result of being absent from work and medical costs.
3. A Report from An Garda Síochána, dated [ ], was on file. The Report confirmed the applicant’s version of events as set out in the application form and further confirmed that a male had been convicted in relation to the incident at [ ] Circuit Court on [ ] and had been sentenced to [ ] years’ imprisonment.
4. The applicant’s application for compensation was received by the Tribunal on [ ].
5. 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.’
6. As can be seen, the application was required to have been made to the Tribunal by the applicant promptly and not less than three months from the date of the incident. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the Tribunal considers that the circumstances which resulted in the late submission of the application justify exceptional treatment.
7. In this instance, the application form ought to have been lodged with the Tribunal no later than by [ ]. In the event, the application form was submitted in accordance with paragraph 21 of the Scheme.
8. Having regard to the nature of the evidence contained on file, which contained a report from the applicant’s GP, the Tribunal was satisfied that the applicant sustained injury which was directly attributable to a crime of violence.
Loss earnings: the applicant was absent from work from [ ]. A letter from the applicant’s employer confirmed his net weekly wages (after deduction of income tax and PRSI) is €922.88. A letter from the relevant department confirmed that the applicant received no social welfare during the period he was absent from work. The applicant confirmed that he had received no sick pay from the applicable CWPS Sick Pay Scheme for the period he was off work.
Working on the assumption that the applicant worked a five-day week, the Tribunal determines that he was absent from work for 8 working days at €184.58 per day.
Loss of earnings: €184.58 x 8 = €1,476.64
GP Report: €60
Total: €1,536.64
9. NA.
10. Final award: €1,536.64
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
29 September 2022