Publication
23682 (27 June 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: #23682
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No Award: Application received out of time.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
The Applicant claims that he was walking through the grounds of [ ] on the night of the [ ] when he was subjected to unprovoked attack and struck on the left side of his skull with a bottle by a known assailant. The Applicant’s claim is that he spent three days in hospital following the attack upon him, that he had to receive 15 stitches to his face as a result of the injury he sustained, and that he has been left with a scar.
The matter was reported to the Gardaí at [ ] and in a report to the Tribunal from the Gardaí, dated the [ ], they confirmed that the Applicant’s assailant was charged and convicted of [ ].
The Applicant’s legal advisors, [ ], submitted the Applicant’s application, which was received by the Tribunal on the [ ].
Paragraph 20 (formerly 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 …”
By reason of paragraph 20, this application ought to have been received by the Tribunal on or before the [ ], which was three months after the date of the incident, however it was received by the Tribunal on the [ ], which was one year and four months after the incident occurred and thirteen months after the time line permitted in normal course under the Scheme.
It is clear from the wording of paragraph 20 that where an application is received by the Tribunal outside of the three-month time limit, it is within the Tribunal’s discretion to determine if the circumstances for the delay in submitting that application justify exceptional treatment, and if so, the Tribunal may accept that application for further consideration.
The Tribunal notes that the provision on the Scheme’s application form at s.2(f) - which expressly provides for an applicant to set out the reasons for delay/circumstances in putting in their application - is missing from the Applicant’s completed application form. No circumstances at all therefore have been advanced by the Applicant, such that the Tribunal can even assess whether exceptional treatment of this application is justified. That being so, this application is refused on grounds of being submitted out of time.
As this application was received out of time and no circumstances for the delay in putting in the late application have been put before the Tribunal, this application is considered ineligible for further consideration. Accordingly, the Tribunal makes no award.
Nora Pat Stewart
Dated: 27 June 2022