54033 (20 June 2024)
- Foilsithe: 20 Meitheamh 2024
- An t-eolas is déanaí: 5 Lúnasa 2025
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: 54033
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award.
Facts/brief background
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, the Applicant stated that he had suffered injuries as a result of an assault, which occurred on the [ ]. An application was received by the Tribunal in respect of this matter on the [ ].
Preliminary
3. Paragraph 21 (now paragraph 20) of the Scheme requires “applications be made as soon as possible, but, except in circumstances determined by the Tribunal to justify exceptional treatment, no later than three months after the event giving rise to the injury”. The application in this case was not received until the [ ] which date of receipt is stamped on the application form by the Tribunal.
4. In accordance with the Scheme this Tribunal is therefore required to determine whether the circumstances of this late application justify its exceptional treatment.
5. In regard to paragraph 21, the Applicant has submitted the following grounds:
- The Applicant was unaware of the Scheme.
- The Applicant had instructed a solicitor.
Decision
6. I have considered the Applicant’s submissions in respect of paragraph 21 of the Scheme. I have also considered the material in its entirety as put before this Tribunal. Having considered all such matters, I do not find sufficient grounds such as would require the Tribunal to exercise its discretion to extend time to admit this late application.
7. Accordingly, I refuse the Applicant’s claim and I am therefore not required to proceed to make any further finding in respect of the application.
Georgina Robinson
Criminal Injuries Compensation Tribunal
20 June 2024