Foilsiú
F/52399 (10 May 2022)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
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: F52399
Date of incident: [ ]
Date application received: [ ]
Decision outcome: The application is refused under paragraph 20 of the Scheme.
1. Ms. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The application is made in respect of the death of her father, [ ], who was at the time of his death aged [ ].
2. In her application for compensation under the Scheme, received by the Tribunal on [ ], the applicant stated that her father, [ ] died on [ ]. She stated that he was murdered at his home, and that the [ ]. A Garda report of Sergeant [ ] was supplied which confirmed the facts around this tragic and shocking event.
3. The applicant had submitted Birth Certificates for herself and for her brother [ ], who was born on [ ]. She stated that she and her brother were the only persons who were beneficiaries of her father’s will. There was no information supplied to the Tribunal regarding any other statutory dependents, such as parents of the deceased, sisters, brothers, partner, and [ ] spouse. There were no Birth Certificates for any such persons, and no waivers of any claim any such persons might have. By letter dated [ ] (at page 19 of the papers supplied to me) the Tribunal wrote to the applicant seeking such information and identifying the range of persons who would be considered statutory dependents.
4. Article 20 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.”
5. The death of the deceased occurred on [ ], and the application under the scheme was received on [ ], more than three months after the death.
6. The applicant’s application for compensation was not made promptly and, in any event, within three months of the event giving rise to the injury. If it had been, the application would have been lodged on or before [ ]. As such, the application was submitted approximately five weeks after the three-month time limit, as provided by Article 20, had expired.
7. There was no reason supplied by the applicant for the late application. In the circumstances I am unable to decide whether there are circumstances which would justify exceptional treatment, so as to extend the time for the making of the application.
8. Even if the application had been made within time, or the time had been extended, in the absence of the information and documents regarding the statutory dependents, I would not be in a position to make an award to the applicant.
9. I therefore decline to make an award, as I am refusing the application under article 20 of the Scheme.
Elizabeth Maguire, Criminal Injuries Compensation Tribunal
**10 May 2022*