Foilsiú
50717 (10 May 2023)
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: 50717
Date of incident: [ ]
Date of application: [ ] Received by the Tribunal [ ]
Decision outcome: The application refused under paragraph 21.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application form, the applicant stated that he had suffered injury as a result of being assaulted in an alleyway at [ ] in the early hours of [ ]. The applicant and friends were in the town to attend the [ ] Festival. Alcohol was consumed by the applicant and his friends at the event. It started raining and the applicant went to his car to fetch his jacket. As he was making his way to the car, the applicant was set upon by a number of males who approached the applicant from a nearby alleyway. The applicant stated that, in the course of the assault, one of the males produced a knife. The applicant managed to escape the scene and was taken to hospital.
3. The applicant sustained two broken front teeth, facial cuts and bruising. He was treated for his injuries at [ ] General Hospital. He also received extensive dental treatment. The applicant claimed for his hospital and prescription expenses, together with the costs incurred in receiving dental treatment for his injuries. The file contained vouched receipts for dental treatment already undertaken.
4. Due to the passage of time and the investigating officer having retired, it was confirmed that there was no available report from An Garda Síochána. However, Gardaí did send to the Tribunal a printout from the PULSE system. This confirmed the details of the incident as relayed by the applicant in his application form.
5. The applicant’s application for compensation was received by the Tribunal on [ ].
6. 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.’
7. As can be seen, the application was required to have been made to the Tribunal by the applicant promptly and not less than three months from the date of the incident. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the Tribunal considers that the circumstances which resulted in the late submission of the application justify exceptional treatment.
8. In this instance, the application form ought to have been lodged with the Tribunal no later than by [ ]. In the event, the application form was received by the Tribunal [ ]. As such, it was lodged approximately three months’ late.
9. No reasons were advanced by the applicant to explain why the application form was lodged outside the tree-month period as set out in paragraph 21 of the Scheme.
10. Having carefully considered the matter, the Tribunal could identify no circumstances justifying exceptional treatment which would permit the exercise of its discretion in favour of admitting the application under the Scheme.
11. The Tribunal therefore refused to admit the application under paragraph 21 of the Scheme.
12. Should he wish to appeal this decision, it might assist any Appeal Panel convened for that purpose for the applicant to address the reason for the late submission of the application under the Scheme.
13. NA.
14. NA.
16. NA.
17. Nil.
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
10 May 2023