54126 (2 March 2020)

Original Scheme of Compensation

Fatal Application

File Reference - 54126

Application of [ ]

Estate of [ ] deceased, date of death [ ]

[ ] is the sister of a [ ] who was killed on the [ ] [ ]. The Tribunal were notified of this application on the [ ]. This is well outside of the time limit of three months.

The Tribunal has been furnished with waivers by four parties, [ ], [ ], [ ] and [ ]. It is not stated what their relationship is to the deceased, for example, child, grandchild, brother, sister. It is presumed that they are brothers and sisters. The application form describes the deceased as a bachelor with no children and also states that if the claim is to be admitted it is in respect of funeral expenses only.

The time limits for bringing a claim for compensation are set out in Article 21 of the scheme. This provides for a three months' time limit which may be extended if the Tribunal determines that there is a justification for exceptional treatment.

The circumstances in question must be such as to justify exceptional. No submission has been made by the applicant for consideration as to why Article 21 should not apply. Regrettably, therefore the Tribunal is bound by the scope of the scheme and in the absence of any such submission is compelled to dismiss the application.

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2 March 2020