Publication
51219 (22 August 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: 51219
Date of incident: [ ]
Date of application: [ ] (received by the Tribunal [ ] )
Decision outcome: The application is refused under paragraph 11 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’).
2. In his application for compensation under the Scheme, dated [ ], the applicant stated that he had suffered injuries at his home address in [ ], as a result of being the victim of an assault.
3. A report from An Garda Síochána, dated [ ], was on file. The report described how the applicant had returned home to find that his house was being burgled. His front door was wide open. As he rushed to the door, he was met by an offender coming towards him from the house. As the applicant tried to apprehend this male, he was struck with full force to the head with [ ], the offender was carrying. The offender escaped in a nearby getaway car. Two persons were confirmed as having been prosecuted for offences arising out of the incident and, at the time of the report, it was confirmed that no compensation had been paid to the applicant.
4. The Tribunal entered into correspondence with the applicant following receipt of the application for compensation. On [ ], the Tribunal, referring to previous correspondence dated [ ] requested original receipts and vouching documentation in relation to the applicant’s out of pocket expenses arising from his personal injuries. The letter stated that unless the Tribunal heard from the applicant on or before [ ], the file would be sent to a Member for decision.
5. No response was received from the applicant in response to this correspondence.
6. Paragraph 21 of the Scheme provides as follows:
‘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. Thus, to comply with the time limit set out in paragraph 21, the application would have needed to have been lodged with the Tribunal no later than by Sunday [ ]. In the event, the application was lodged on Tuesday [ ]. The Tribunal noted that the application was dated [ ], which was within the three-month period. The Tribunal was prepared to accept that, although lodged two days after the three-month time period had expired, this may have been due to delay in the postal system or in having the application stamped by the Tribunal as having been received. Accordingly, the Tribunal admitted the application for consideration under the Scheme.
8. The Tribunal was satisfied, on the evidence presented, that the applicant had sustained personal injury as the result of the subject incident which was directly attributable to a crime of violence.
9. Paragraph 11 of the Scheme provides, ‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance...’
10. The application form, signed by the applicant, confirmed his acceptance, under Part 8(e) of the application form, that he would provide all reasonable assistance to the Tribunal in the progression of his claim under the Scheme.
11. The applicant has failed to respond to repeated and reasonable requests from the Tribunal for necessary information. This failure has resulted in the Tribunal being unable to progress the claim for compensation.
12. In the event, the Tribunal is satisfied, on the basis of the above, that the applicant has failed to comply with the duty imposed upon him pursuant to paragraph 11 of the Scheme and that, as a result, no compensation can be paid in respect of this application.
13. NA
14. Nil. Application refused under paragraph 11 of the Scheme.
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
22 August 2022