If my claim is to be considered in this country

Which type of crime can I get compensation for?

Compensation may be awarded by the Criminal Injuries Compensation Tribunal (the Tribunal) under the Scheme of Compensation for Personal Injuries Criminally Inflicted (the Scheme) to

  • Individuals who have sustained a personal injury, where the injury is directly caused by a reported crime of violence and individuals who sustained a personal injury in circumstances arising from action by them in assisting or attempting to assist the prevention of a reported crime or the saving of human life. The injury must have been sustained within the State or aboard an Irish ship or aircraft, on or after 1st October, 1972.
  • Dependents of a victim who has died due to a violent crime committed within the State or aboard an Irish ship or aircraft, on or after 1st October, 1972.

Which type of injury can I get compensation for?

Compensation may be awarded for personal injury where the injury is directly caused by a reported crime of violence.

Can I get compensation if I’m a relative or dependant of a victim who has died as a result of a crime? Which relatives or dependants can get compensation?

Dependants of a victim who has died as a result of a violent crime may apply for an award under the Scheme. The definition of a dependant is set out in section 47 – (1), as amended, of the Civil Liabilities Act 1961.

Paragraph 47 (1) of the Civil Liabilities Act 1961, as amended, provides that a dependant means, in respect of a dependant person whose death is caused by a wrongful act –

(a)    a spouse, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, parent, grandparent, step-parent, child, grandchild, step-child, brother, sister, half-brother or half-sister of the deceased.

(b)    a person whose marriage to the deceased has been dissolved by a decree of divorce that was granted under the Family Law (Divorce) Act or under the law of a country or jurisdiction other than the State and is recognised in the State, or

(c)     a person who was not married to the deceased but who, until the date of the deceased’s death, had been living with the deceased as husband or wife for a continuous period of not less than three years, who has suffered injury or mental distress as a result of the death.

‘wrongful act’ includes a crime.”

Can I get compensation if I'm a relative or dependant of a victim who has survived? Which relatives or dependants can get compensation in this case?

Under the Scheme dependants of direct victims of violent crimes only may receive an award in the event of the direct victim’s death.

Can I get compensation if I'm not a national of an EU country?

The Tribunal will consider applications from any resident in the State or any visitor to the State who was injured as a result of a violent crime sustained in the State or aboard an Irish ship or aircraft, on or after 1st October, 1972.

Can I claim compensation from this country if I live here or am from here (this is country of my residence or nationality) even if the crime was committed in another EU country? Could I do this instead of claiming compensation in the country where the crime took place? If so under what conditions?

No, the Tribunal may only make an award in respect of an injury experienced as a result of a crime sustained in the State or aboard an Irish ship or aircraft, on or after 1st October, 1972. Under Directive 2004/80/EC, an applicant injured in a crime in another EU Member State may make an application under the terms of the Scheme of the Member State in which the crime occurred.

The European Commission provides an online portal, which sets out the compensation schemes available in EU Member States. This is available at the following link

https://e-justice.europa.eu/content_compensation-67-en.do

Should you reside in Ireland and require assistance in making an application to another EU Member State where you were injured in a criminal incident, please contact the Criminal Injuries Compensation Tribunal secretariat who will try to assist you and make contact with their counterparts in the other jurisdiction where necessary.

Do I have to have reported the crime to the police first to be able to claim compensation?

Yes it is a requirement of the Scheme that the crime has been reported to An Garda Síochána (Irish police force) and that the applicant fully co-operates with An Garda Síochána’s investigation into the criminal incident.

Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?

In considering an application under the Scheme, the Tribunal requires a report about the incident from An Garda Síochána (Irish police force). Where any civil and/or criminal court proceedings regarding the crime are planned or underway, the Tribunal will typically await the conclusion of the court proceedings before considering the application.

Do I have to first seek compensation from the offender – if they have been identified?

It is not a prerequisite of the Scheme that the victim first seek compensation from the offender. However, the Scheme provides that there will be no double compensation so where compensation is paid to the victim by, or on behalf of, an offender for the same incident, the Tribunal will take this into consideration in ensuring that there is no duplicate compensation.

If the offender has not been identified or convicted, can I still qualify for compensation? If so, what evidence do I need to present to support my claim?

You may still be eligible for compensation in circumstances where the offender has not been identified or convicted as long as the crime was reported to An Garda Síochána (Irish police force) and a report about the incident is provided by An Garda Síochána to the Tribunal confirming the criminal incident, the nature of it and their investigation into it.

Is there a time limit within which I have to claim compensation?

The Scheme provides that an application must be made in writing as soon as possible after a crime of violence causing injury, including fatal injury, but in all cases not later than 3 months from the date of the event giving rise to the injury.

If an application is late, that is, if it is made in writing more than 3 months after the incident, the Scheme allows the Tribunal to consider late applications as exceptional, if the Tribunal is satisfied that the circumstances of such late application justify such exceptional treatment. In cases where the application is late, applicants must provide written justification for the delay setting out the circumstances on the application form and explaining the reasons for the delay. Having considered the explanation provided, it is a matter for the Tribunal to decide whether to consider the application.

Which losses and expenses are covered by the compensation?

An award may be made in respect of the following arising due to the criminal incident:

  • vouched costs relating to the applicant’s personal care and medical costs and this can include compensation awarded to provide for home adaptations/specialist equipment required by the victim due to the injuries experienced by them.
  • vouched travel expenses to avail of medical and personal care.

Vouched loss of earnings payments to date and calculated (usually by an actuary) into the future, incurred, if any, as a result of the criminal injuries sustained.

  • other vouched out of pocket expenses and special expenses incurred.
  • an applicant may also apply for any expenses that were incurred in obtaining medical or other expert reports necessary to support an application to the Tribunal

Is the compensation paid out in a single payment or monthly instalments?

In principle, the award is paid in a single payment. From time to time, this may not be possible (e.g. where the budget of the Tribunal is exhausted.) In certain circumstances the Tribunal may decide to make an interim award pending making a decision on a final award.

In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?

Under the terms of the Scheme no compensation will be payable where the Tribunal is satisfied that the applicant was responsible, either because of provocation or otherwise, for the offence, giving rise to their injuries or the Tribunal may reduce the amount of the award where, in its opinion, the applicant has been partially responsible for the offence.

In addition, under the terms of the Scheme no compensation will be payable where the Tribunal is satisfied that the conduct of the applicant, their character or their way of life make it inappropriate that they should be granted an award or the Tribunal may reduce the amount of an award where, in its opinion, it is appropriate to do so having regard to the conduct, character or way of life of the applicant.

As noted above, it is also a condition of the Scheme that applicants must cooperate with the police force in relation to the criminal incident.

In what way could my financial situation affect my chance of receiving compensation and/or the amount?

Your financial situation does not affect your eligibility for an award for the injuries and losses you have experienced arising from the incident. However the Tribunal must ensure there is no double compensation, so where you have received social welfare benefits since the incident, these will be considered by the Tribunal in determining the award.

In cases where compensation is being awarded to include payments in respect of loss of earnings to date or into the future, which were incurred as a result of the injuries sustained, your level of earnings to date and your projected future earnings will be taken into account by the Tribunal, as will any payments made by your employer e.g. sick pay etc.

Are there any other criteria that could affect my chance of receiving compensation and/or the amount?

The limitations and restrictions relating to the awarding of compensation under the Scheme are set out in paragraphs 5 to 16 and 21 of the Scheme available at

http://www.justice.ie/en/JELR/Pages/Criminal_Injuries_Compensation_Scheme

How will the compensation be calculated? Is there a minimum/maximum amount that can be awarded?

The current minimum level of award is €63.48 (this amount is based on a conversion into euros of IR£50 as was provided for in the Scheme when it was established).

There is currently no maximum level of award.

Am I expected to quote the amount in the claim form? If so, do I get any instructions on how to calculate it or on other aspects?

The Tribunal reimburses vouched expenses so receipts for the expenses incurred have to be provided. Typically the Tribunal secretariat will contact you to request these on receipt of your application form. In addition, for loss of earnings, typically information on your pay from your employer and/or the Department of Social Welfare will be required and for future loss of earnings, an actuarial calculation is typically required. At the application stage, applicants typically set out their losses and the expenses they intend to claim and the Tribunal secretariat will follow up with the applicant seeking the relevant documentation.

Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?

A general principle applies under the Scheme that there can be no double compensation. In making a decision on your application, any other payment you have received from another source as a result of the incident will be taken into consideration by the Tribunal.

Can I get an advance on the compensation? If so, under what conditions?

Typically, the compensation awarded is paid in a single payment after a final decision on the application claim has been made by the Tribunal and has been accepted by the applicant. However, in certain circumstances the Tribunal can decide for an interim award to be made, pending deciding on a final award. Usually the Tribunal will only consider making an interim award where there is a reason to delay making a final award (e.g. waiting for medical issues to settle) or where the applicant is in financial difficulty and vouched expenses (e.g. medical costs) are clearly eligible for reimbursement.

Can I get complementary or additional compensation (following e.g. a change in circumstances or worsening health etc.) after the main decision?

No - once the Tribunal has made a decision and the award has been accepted by, and paid to, the applicant, no additional or further award is possible.

What supporting documents do I need to include with my claim?

Your claim needs to be submitted on a standard application form available here:

http://www.justice.ie/en/JELR/Pages/Criminal_Injuries_Compensation_Scheme

In addition to submitting a fully completed application form you will need to submit a copy of your statement reporting the incident to An Garda Síochána (Irish police force). You will also be required, as is applicable in your case, to provide other relevant supporting documentation (e.g. receipts for expenses occurred) requested in the application form. This may include needing to provide supporting documentation from your employer and/or State authorities, for example, in the case of where loss of earnings is being sought. It may also be necessary to submit supporting medical or other expert reports depending on the nature of your claim for compensation. Usually the Tribunal secretariat will contact the applicant on receipt of the application form requesting the supporting documentation be submitted.

Are there administrative or other charges to be paid when the claim is received and processed?

No.

Which authority decides on compensation claims (in national cases)?

The Criminal Injuries Compensation Tribunal decides on compensation claims made under the Irish Scheme.

Where do I send the claim (in national cases)?

Compensation claims under the Scheme should be submitted on the standard application forms available at the following link

http://www.justice.ie/en/JELR/Pages/Criminal_Injuries_Compensation_Scheme

Completed applications should be sent to:

Criminal Injuries Compensation Tribunal
Department of Justice
Bishop's Square
Redmond’s Hill
Dublin 2, D02 TD99

e-mail: criminalinjuries@justice.ie

Do I need to be present during the procedure and/or when my claim is being decided?

Under the Scheme, a decision on a claim is made in the first instance by a single Tribunal member on the basis of the submitted documents only i.e. without a hearing. The applicant is notified by the secretariat of the Tribunal member’s decision when it is made available. The applicant can accept of appeal the decision.

Where the Tribunal’s decision of first instance is appealed by the applicant, the applicant will be invited to attend an appeal hearing where a panel of three Tribunal members (not including the member who made the original decision) hear the case orally and make a collective final decision.

How long does it take (approximately) to receive a decision from the authority on a claim for compensation?

The application processing time for applications under the Scheme can vary considerably from case to case. The time involved will generally depend on the nature and specific circumstances of the case, for example, this could include the possible need to obtain further information from the applicant concerning the claim such as medical or other expert reports. In making a decision on a claim additional information may also be required by the Tribunal from other agencies such as the police or other State authorities. Where court proceedings are ongoing, the Tribunal will typically await the outcome of the proceedings.

The current caseload of the Tribunal at the time the application is received will also influence the length of time involved.

If I’m not satisfied with the authority’s decision, how can I challenge it?

If you are not satisfied a decision of first instance of the Tribunal, you can appeal the decision. If you do this you will be invited to an appeal hearing where a panel of three Tribunal members (not including the Tribunal member who made the original decision) hear the case orally and they will make a collective decision. The Tribunal’s decision made at the appeal hearing is deemed the final decision under the Scheme.

Where can I get the necessary forms and other information on how to claim?

Information on the necessary forms and other information on the Scheme is available at the following link

http://www.justice.ie/en/JELR/Pages/Criminal_Injuries_Compensation_Scheme

Is there a special helpline or website I can use?

More detailed information on the Irish Scheme including a set of frequently asked questions is available at the following link

http://www.justice.ie/en/JELR/Pages/Criminal_Injuries_Compensation_Scheme

Further information may be obtained by contacting the Tribunal secretariat at the address or telephone number below.

Contact details:

Criminal Injuries Compensation Tribunal
Department of Justice
Bishop's Square
Redmond’s Hill
Dublin 2
D02 TD99

Phone:

+ 353 1 479 0290

E-Mail:

criminalinjuries@justice.ie

Can I get legal aid (help from a lawyer) when preparing the claim?

The Scheme is intended to operate in an informal way and this is set out in the terms and conditions. While an applicant is always entitled to seek independent advice or representation, including legal advice and legal representation, the Scheme does not provide for the reimbursement of legal costs.

Are there any victim support organisations that can help me claim compensation?

The Tribunal secretariat will assist applicants and answer queries on the operation of the Scheme.

Victim support services based in Ireland may also be able to assist and advise you in making an application under the Scheme. Details of a wide range of victim support organisations etc are listed in the following Victims Charter publication at the following link.

https://www.victimscharter.ie/wp-content/uploads/2020/04/Victims-Charter-22042020.pdf

One of these services, the Irish Tourist Assistance Service (ITAS), specialises in supporting tourists who are victims of crime during their visit to Ireland. More information on ITAS is available at https://www.itas.ie/

ITAS can be contacted by e-mail at info@itas.ie and by telephone at +353 1 666 93 54

Last update: 01/03/2021

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

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