What Does Criminal Injuries Compensation Cover in Ireland?

Gary Matthews, personal injury and medical negligence solicitor, Dublin

About the author: Gary Matthews, Personal Injury & Medical Negligence Solicitor

Gary Matthews is a solicitor based in Dublin, serving clients across Ireland. He qualified as a solicitor in 1992, established his firm in 1995, and has concentrated on personal injury and medical negligence litigation since 1997. He is a practising solicitor regulated by the Law Society of Ireland (practising-certificate no. S8178), which can be confirmed by searching his name on the Law Society's Find a Solicitor register.

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At a glance

The Criminal Injuries Compensation Scheme pays for vouched financial losses caused by a violent crime: medical and treatment costs, prescriptions, travel to treatment, and lost earnings to date and into the future. Since 27 July 2026 it also pays for pain and suffering, in an amount to be set by guidance issued by the Minister. Criminal injuries compensation is still not a personal injury claim, and it does not pay in the same way one does.

Reimbursement is the mechanism for those losses: money you actually spent or actually lost, subject to a floor of €500. On 27 July 2026 the Scheme was amended to remove the exclusion of compensation for pain and suffering, so that head now exists as well — but the Minister's guidance setting the amount had not been published when this page was checked. The vouched heads are set out by the Department of Justice, Home Affairs and Migration (Updated July 2026)[01] and Citizens Information (Updated April 2025)[02]. Anyone pursuing compensation for injury in Ireland after a violent crime should establish first which of their losses this route will actually pay.

The coverage rule sits in Paragraph 6 of the Scheme, which measures compensation "on the basis of damages awarded under the Civil Liabilities Acts" and then removes five things from it. Only one of the five was pain and suffering, and that one was removed by the amendment of 27 July 2026; the other four still bite. That paragraph is set out in full below[16].

Checked: · Questions about your own losses? Call Gary Matthews Solicitors on 01 9036408 or request a consultation.

On this page

  1. What does the Criminal Injuries Compensation Scheme actually pay for?
  2. Will the Scheme pay for pain and suffering?
  3. What changed on 27 July 2026, and what has not
  4. What the Scheme does not cover
  5. Where a head the Scheme does not reach is covered instead
  6. The Scheme paragraph by paragraph
  7. How does the Tribunal work out what you get?
  8. Worked figures from published Tribunal decisions
  9. Work out your own figure: the Four-Head Recovery Check
  10. How and when the money is paid
  11. Why Scheme awards differ from civil compensation
  12. What if your situation is not straightforward?
  13. Conduct, character, provocation and reduced awards
  14. Will a Scheme award affect your social welfare payments?
  15. Is a Scheme award taxable?
  16. Fatal cases: what dependants can claim
  17. Terms used on this page
  18. Frequently asked questions
  19. Deciding what to do next
  20. References

What's new

On the Scheme was amended and published, removing the exclusion of compensation for pain and suffering. Award amounts are to be within guidance issued by the Minister, and that guidance was not published when this page was checked01.

Eligibility

Coverage and eligibility are separate questions. A loss can be covered and the application still fail on the entry conditions, which are set out in full on who can apply.

Self-audit

Run each loss you have recorded through four tests: vouch it, clear the €500 floor02, head-match it, net it off. We call that sequence the Four-Head Recovery Check.

Before you start

Gather receipts and invoices, payslips or accounts, medical reports addressing prognosis, travel records, and the Garda report reference for the incident.

Use cases

Assault at work. Assault by a stranger. A dependant applying after a death. A Garda or prison officer injured on duty.

Quick answers

Does it cover pain and suffering?
Yes, since 27 July 2026, when the Scheme was amended to remove the exclusion. How much is payable turns on guidance to be issued by the Minister, which was not published when this page was checked. Before that date nothing was paid for pain and suffering in a non-fatal case where the injury was sustained on or after 1 January 2006.01

Does it cover lost wages?
Yes. The Scheme covers "loss of earnings to date and into the future", according to the Department of Justice, Home Affairs and Migration (Updated July 2026)[11].

Is there a minimum?
Yes. Citizens Information lists, among the circumstances in which "no compensation will be paid", the case where "the loss you suffer is less than €500"02.

Is there a maximum?
No general maximum is stated in the published guidance for vouched expenses and loss of earnings. The mental distress payment in fatal cases cannot currently exceed €35,000 in aggregate02.

Does it cover stolen property?
No. Property stolen or damaged during the crime falls outside the Scheme entirely02.

Does it cover counselling?
Yes, where you paid for it and can vouch it. The Tribunal has allowed counselling and psychotherapy fees as out-of-pocket expenses[21].

Is the award taxable?
Revenue lists Criminal Injuries Compensation Tribunal payments among personal injury compensation payments on which you may not have to pay tax[29].

Does it cover being hit by a car?
Only where the Tribunal finds "a deliberate attempt to run down the victim". Ordinary traffic offences are excluded by Paragraph 11[17].

Was the injury before 2006?
Then pain and suffering was payable even before the 2026 amendment. The superseded Paragraph 6(e) bit only on injuries "sustained on or after 1 January, 2006"16, and the Tribunal awarded general damages for earlier injuries[22].

Is it paid in one payment?
Yes. "Compensation will be by way of a lump sum payment, rather than a periodical pension", though an interim award is possible[19].

What does the Criminal Injuries Compensation Scheme actually pay for?

Vouched financial loss, and since 27 July 2026 pain and suffering too. The Scheme pays for money you actually lost or actually spent because of a violent crime, and — since the amendment of that date — for the injury itself and its lasting effect on you01. The vouched heads are unchanged and are still the part of an award you can work out for yourself, which is why most of this page is about them. Citizens Information, written before the amendment, lists lost earnings and vouched out-of-pocket expenses and records that general damages such as pain and suffering were not then paid02. The Department of Justice, Home Affairs and Migration itemises them as medical and dental treatment, prescriptions, replacement spectacles, travel to obtain treatment, and loss of earnings to date and into the future11.

Documentation decides each head, rather than the severity of the injury. A deep laceration treated once in an emergency department and a fractured jaw treated over eight months produce very different totals, and the difference sits in the receipts and the payslips rather than in any assessment of how bad the assault was.

Paragraph 6: the Scheme's own coverage rule, in full

One paragraph does the work. Paragraph 6 of the Scheme sets the measure of compensation and then removes five things from it, and it is quoted in full in published Tribunal decisions. Most summaries of the Scheme reproduce only the fifth exclusion. The text below is the paragraph as it stood before the amendment of 27 July 2026, which removed the pain and suffering exclusion at sub-paragraph (e). It is reproduced because it is the text every published Tribunal decision applies, and because the four other exclusions in it are unaffected01.

Paragraph 6, Scheme of Compensation for Personal Injuries Criminally Inflicted

"Subject to the limitations and restrictions contained elsewhere in this Scheme, the compensation to be awarded by the Tribunal will be on the basis of damages awarded under the Civil Liabilities Acts except that compensation will not be payable

(a) by way of exemplary, vindictive or aggravated damages;

(b) in respect of the maintenance of any child born to any victim of a sexual offence.

(c) in respect of loss or diminution of expectation of life;

(d) where the victim has died, for the benefit of the victim's estate, or

(e) in so far as injuries sustained on or after 1 January, 2006 are concerned, with the exception of fatal cases, in respect of pain and suffering. In fatal cases, the maximum award for compensation for pain and suffering is limited to the maximum amount set in any Statutory Instrument made pursuant to section 49 (1A) of the Civil Liability Act 1961 as amended."

As quoted in Criminal Injuries Compensation Tribunal decision 53823, 26 July 2024[16].
How Paragraph 6 of the Criminal Injuries Compensation Scheme works Compensation starts from the measure of damages under the Civil Liability Acts, then five sub-paragraphs are removed: exemplary, vindictive or aggravated damages; maintenance of a child born to a victim of a sexual offence; loss or diminution of expectation of life; compensation for the benefit of a deceased victim's estate; and pain and suffering for non-fatal injuries sustained on or after 1 January 2006. What remains is vouched treatment and related costs, and loss of earnings to date and into the future. The starting measure “damages awarded under the Civil Liabilities Acts” minus five exclusions 6(a) Exemplary,vindictive oraggravateddamages 6(b) Maintenance of achild born to avictim of a sexualoffence 6(c) Loss ordiminution ofexpectation oflife 6(d) Compensation forthe benefit of adeceased victim’sestate 6(e) Pain and suffering,non-fatal injuriessustained on orafter 1 Jan 2006 What remains payable Vouched treatment, prescriptions, appliances, travel and report costs Loss of earnings to date and into the future, and future disability expenses Then: nothing below the €500 minimum award, and deductions for social welfare, sick pay and anything paid by or on behalf of the offender
Paragraph 6 as it stood before 27 July 2026. It starts from the civil measure of damages and removes five heads. Only one of the five was pain and suffering; the other four remain.

Two things in that text now matter more than the pain and suffering line, because that line has gone. The first is the measure: compensation is assessed "on the basis of damages awarded under the Civil Liabilities Acts", which is why the Scheme borrows civil law's approach to proving loss rather than inventing its own. The second is that four separate exclusions have nothing to do with pain and suffering at all, each one defeats a claim people regularly bring, and nothing published suggests the amendment of 27 July 2026 touched any of them.

Table 1. The four exclusions in Paragraph 6 that are not about pain and suffering
Sub-paragraphNot payableWhat that rules out in practice
6(a)Exemplary, vindictive or aggravated damages16No uplift for how deliberate, degrading or shocking the attack was. Where aggravated damages are available at all, it is on the civil side, not here.
6(b)Maintenance of any child born to a victim of a sexual offence16The cost of raising a child conceived through a sexual offence is not a head of loss under the Scheme.
6(c)Loss or diminution of expectation of life16No separate sum for a shortened life expectancy, even where medical evidence establishes one.
6(d)Where the victim has died, compensation for the benefit of the victim's estate16The estate is not the claimant. Where the injured person dies, the Scheme looks to dependants in their own right, not to a survival-of-actions claim.

What counts as a covered injury, and a covered crime

Paragraph 1 sets the outer boundary, and it is wider than most people expect in two directions and narrower in one. Compensation may be paid "in respect of personal injury where the injury is directly attributable to a crime of violence", and "the injury must have been sustained within the State or aboard an Irish ship or aircraft"16.

The same paragraph then removes two arguments a person might otherwise face. "Arson and poisoning will be regarded as coming within the scope of the expression 'crime of violence'", so an injury with no blow struck is still inside the Scheme. And "in determining whether any act is a crime for the purposes of the Scheme, the Tribunal will not take account of any legal immunity which the person who inflicted the injury may have by reason of his mental health, his youth or otherwise"16. An attacker who is a child, or who is found unfit to be tried, does not put the injury outside the Scheme.

The geographic limit is the hard one. An injury sustained abroad is not covered, even where the applicant lives in Ireland. Where the crime happened in another EU member state, the Tribunal acts as an assisting authority under Council Directive 2004/80/EC, and the application "will be processed by the appropriate authority in the state where the incident occurred, in accordance with the compensation provisions in that state"[36]. That is a forwarding service, not Irish coverage.

Injured while preventing a crime or saving a life

You do not have to be the target of the crime. Paragraph 1 extends the Scheme, "as provided for in Paragraph 4, to circumstances arising from the action of the victim in assisting or attempting to assist the prevention of crime or the saving of human life"16. The Department's own guidance lists among those who may apply "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"11.

The covered heads are then the same ones as for any other applicant: treatment, travel, prescriptions and lost earnings, all vouched. A bystander who intervened in a street assault and broke a wrist is claiming under the same arithmetic as the person who was being assaulted. The full text of Paragraph 4 is not reproduced in the Department's published web pages, so the precise conditions it attaches should be read in the Scheme document before an application is framed on this basis, and the entry conditions generally are set out on who can apply.

Psychological injury, counselling and psychotherapy costs

Treatment for psychological injury has always been claimable. The psychological injury itself was not, until 27 July 2026. The Scheme does not define "personal injury" by reference to physical or psychological harm, and neither the Department's guidance nor Citizens Information mentions psychological injury among the covered heads for non-fatal cases1102. What the Tribunal's own published decisions show is that money actually spent on treating psychological injury has always been treated as an ordinary vouched expense. The decisions below were all decided before the amendment, and show what happened to the condition itself.

The consequence for a purely psychological injury used to be stark, and the change matters most to this group. Where an assault caused no lasting physical injury but did cause post-traumatic stress, the recoverable heads were the counselling or psychotherapy you paid for, any earnings you lost, and the cost of reports — and nothing for the condition itself. Since 27 July 2026 the condition itself is within the Scheme, in an amount yet to be set by ministerial guidance01. The vouched heads still have to be proved in the same way. Free counselling provided through the Health Service Executive or a support service generates no receipt, and therefore no claimable expense, which is the same trap that catches unpaid family care.

Evidence still has to carry the injury. In one refused application the Tribunal was not satisfied on the material before it that an injury had been sustained at all, notwithstanding the applicant's assertion of psychological injury[40]. A report from the treating counsellor or psychologist, linking the condition to the incident, does the work that a receipt alone cannot.

Four tests every loss has to pass

Criminal injuries compensation in Ireland is a State payment that reimburses proved financial loss caused by a crime of violence, and since 27 July 2026 also compensates pain and suffering on a basis yet to be published. The four tests below apply to the financial heads, which are the part you can work out for yourself. Run each loss you have recorded through them before you count it. We call this the Four-Head Recovery Check.

  1. Vouch it. Produce the original receipt, invoice, payslip or account entry for the loss.
  2. Clear the floor. Check that your total loss reaches €500, because nothing below that figure is paid.
  3. Head-match it. Place the loss under a head the Scheme recognises, such as treatment, prescriptions, appliances, travel or earnings.
  4. Net it off. Subtract anything already paid for the same loss by an employer, an insurer or the State.
The Four-Head Recovery Check Four tests applied to every loss before it is counted. One, vouch it: produce the original receipt, invoice, payslip or account entry. Two, clear the floor: check the total reaches €500, because nothing below that figure is paid. Three, head-match it: place the loss under a head the Scheme recognises, such as treatment, travel, counselling or earnings. Four, net it off: subtract anything already paid by an employer, an insurer, the State or the offender. A loss that fails any one of the four tests is not a reduced loss, it is a nil loss. Run every loss through four tests before you count it 1 Vouch it Produce the original receipt, invoice, payslip or account entry. 2 Clear the floor Check the total reaches €500. Nothing below that figure is paid. 3 Head-match it Place it under a head the Scheme recognises: treatment, travel, counselling, earnings. 4 Net it off Subtract anything already paid by an employer, an insurer, the State or the offender. A loss that fails any one of the four is not a reduced loss. In the Tribunal’s arithmetic it is a nil loss.
Four tests applied to each recorded loss before it is counted.

Coverage and eligibility answer two different questions, and an application can satisfy one while failing the other. A loss can sit squarely inside the Scheme and still go unpaid, because the application missed the time limit. Or because the incident was never reported to the Gardaí. Read this page for the arithmetic of what gets paid, and treat the entry conditions as a separate hurdle.

Table 2. Heads of loss under the Criminal Injuries Compensation Scheme, and the evidence each one needs
Head of lossCovered?What you need to show
Medical, dental and optical treatmentYesOriginal receipts and invoices, with a medical report tying the treatment to the injury
Prescriptions and medicationYesPharmacy receipts and the prescribing record
Counselling and psychotherapyYes, where you paid for it21Invoices from the counsellor or psychotherapist, with a report linking the condition to the incident
Replacement of spectaclesYesPurchase receipt and evidence that the item was damaged in the incident
Travel to obtain treatmentYes, where reasonableDated travel records matched to appointment dates
Loss of earnings to dateYesPayslips or trading accounts, employer confirmation, and certified absence dates
Future loss of earningsYesMedical evidence on prognosis and work capacity, with an actuarial assessment where the figures justify it
Future expenses arising from a disabilityYesMedical evidence of the continuing need, and a costing of that need
Medical or expert reports obtained for the applicationYesThe invoice for the report
Pain and suffering in a non-fatal caseYes, since 27 July 202601Medical evidence of the injury and its lasting effects. The amount is to be within guidance issued by the Minister, which was not published when this page was checked. Not payable where the injury was sustained on or after 1 January 2006 and the application was decided before 27 July 202616

Treatment and medical costs

Treatment costs are reimbursed rather than estimated. Citizens Information sets out four categories for a short-term injury: out-of-pocket expenses backed by original receipts, actual loss of earnings, actual medical expenses including dental and optical work, and reasonable travel expenses connected to the injuries, such as journeys to and from the doctor02. Where the injury turns out to be long-term, four further categories open up: estimated future loss of earnings, estimated future medical expenses, estimated future expenses as a result of any disability suffered, and estimated future loss of earning potential02. The same page records that the Tribunal "will only make such awards on provision of various specialist reports, including an actuarial assessment"02.

One cost regularly gets left off application forms. The expense of obtaining the medical or expert reports that support the application is itself claimable, according to the Department of Justice, Home Affairs and Migration11. An unvouched expense is not merely a discounted expense in the Tribunal's arithmetic, it is a nil expense, so the receipt matters as much as the outlay. Keep originals, keep them dated, and keep them matched to the treatment they paid for.

Loss of earnings, past and future

Lost income is covered on both sides of the assessment date. Scheme terms reach "loss of earnings to date and into the future, incurred, if any, as a result of the criminal injuries sustained", according to the Department of Justice, Home Affairs and Migration (Updated July 2026)11. Future loss is not a bonus head added for serious cases, it is the ordinary treatment of an injury whose effects have not finished by the date of assessment.

Proving the figure takes more than a payslip. The same Department page records that assessing loss of earnings "may be complex to determine and may require employer assessment, social welfare reports or actuarial assessment"11. An employee's evidence is payslips, an Employment Detail Summary, an employer letter and medical certificates. A self-employed applicant produces trading accounts for the years either side of the incident, tax returns, and evidence of work turned away or contracts lost.

Sick pay complicates the sum rather than removing it. Wages paid by an employer during the absence, and illness or injury payments made by the State, reduce what remains recoverable, because the Tribunal has to ensure that a person is not compensated twice for the same injury from a different source11. Bring the gross figure and the deductions separately, so the net loss can be seen rather than assumed.

Care, help at home and future disability costs

Care sits under a heading of its own rather than in the main list. Citizens Information provides, for long-term injuries, "estimated future expenses as a result of any disability suffered (such as future care or special equipment required)"02, and notes that the Tribunal "will only make such awards on provision of various specialist reports, including an actuarial assessment"02. Future care and special equipment are therefore named as examples, though the Department's own list does not itemise care, nursing help or home adaptations11. A continuing care cost is presented under that future expenses heading and proved like any other figure.

In practice, the point that catches most applicants out is who paid for the help. Because the measure is vouched out-of-pocket expense, care supplied free of charge by a spouse, parent or adult child generates no receipt, and a cost that generated no receipt is difficult to place before the Tribunal as an expense of the applicant.

A family member who gave up paid work to provide that care has suffered a real loss, but the loss landed on them rather than on the injured person. Where care is bought in from an agency or a paid carer, invoices exist and the position becomes straightforward.

Two heads therefore dominate almost every application: treatment costs, and lost earnings. Both are checkable against paper, which is exactly why the compensation scheme is built around them, according to Citizens Information (Updated April 2025)02. The head that people expect to dominate, and that carries the largest figure in an ordinary court case, is the one this route refused to pay for forty years. That refusal ended on 27 July 2026, and it is the question dealt with next.

Will the Scheme pay for pain and suffering?

Yes, since 27 July 2026 — but the terms are not yet published. On that date the Department of Justice, Home Affairs and Migration amended and published the Scheme, and the amended Scheme "removes the previous Scheme's exclusion of compensation for pain and suffering"01. Until that date the Scheme paid nothing for pain and suffering in a non-fatal case where the injury was sustained on or after 1 January 2006.

What replaces the exclusion is the harder question. The Department states that the amount of compensation awarded by the Tribunal "shall be within guidance as issued by the Minister for Justice, Home Affairs and Migration"01. That guidance had not been published, and the amended Scheme document itself was not yet available on the Department's own Scheme pages, when this page was checked on 27 July 2026. So the head of loss now exists, and what it is worth does not yet appear in any published source.

What is settled, and what is not, as at 27 July 2026.

Settled: the exclusion is gone. The Scheme was amended and published on 27 July 2026, following the Government decision of 14 April 2026, and the amendment removes the exclusion of compensation for pain and suffering. It also makes arrangements for applications submitted before 27 July 2026 that have not been finalised, and transitional arrangements for the acceptance of late applications "per specified dates"01.

Not settled by any published source: how much is payable and on what scale; whether the Minister's guidance will adopt the Personal Injuries Guidelines09, a tariff or a capped figure; precisely which applications the transitional arrangements reach; and whether a decision already made can be revisited. Anyone who tells you those answers today is guessing.

What to do about it: check the Department's own Scheme pages for the amended text and the Minister's guidance before relying on any figure, including any figure on this page01.

What follows sets out what the exclusion said while it lasted, why it fell, and what an applicant is dealing with now. The exclusion's history still matters, because the date rules that governed it are the same date rules the transitional arrangements will have to work around.

What the exclusion said

General damages were the missing head, and the distinction is not a technicality. Irish civil law splits compensation into special damages, meaning quantifiable financial loss, and general damages, meaning the value placed on the injury itself and its effect on the person's life. Until 27 July 2026 compensation under the Scheme ran to the first category and stopped at the second, which is why two people with identical injuries could receive very different sums depending on the route they took. The distinction has not gone away: special damages are still proved by vouching, and the new head will be measured by whatever the Minister's guidance provides rather than by the ordinary civil measure. Where the same facts also support a civil claim, general damages remain available on that side of the line.

Fatal cases always sat outside that exclusion. Dependants of a person who died can be awarded a sum for mental distress under the Civil Liability Act 1961, capped in aggregate rather than per dependant, according to Citizens Information02. The exclusion discussed on this page was therefore the non-fatal exclusion, and the two situations should not be read across to each other. The mental distress ceiling in fatal cases is unaffected by the 27 July 2026 amendment so far as any published source states.

Why that exclusion fell

The Court of Justice of the European Union ruled against a blanket exclusion in October 2025. The case reached Luxembourg from Ireland, brought by a man born in Spain and resident in Ireland who was attacked outside his home in Dublin on 12 July 2015, suffered permanent partial loss of vision, and received an award covering out-of-pocket expenses only. The ruling was reported at the time as holding that EU law precludes national schemes which exclude compensation for pain and suffering, according to Irish Legal News (Updated October 2025)[13].

The Court of Justice reference began in the Irish High Court. In Blanco v Criminal Injuries Compensation Tribunal, Ms Justice Emily Egan referred five questions to Luxembourg[14]. The judgment was delivered in March 2024 and the Court of Justice records the formal order of reference as having been made on 12 April 2024 and received on 23 April 202403. Reporting the judgment, Irish Legal News records her as finding "it hard to see how compensation can be said to take into account the ‘seriousness of the consequences’ for the victim… if damages for ‘pain and suffering’ are entirely excluded"[14]. That reference was decided on the Scheme text as it stood for an injury sustained in 2015, which excluded pain and suffering for injuries "sustained on or after 1 April 1986"14. The Court of Justice records the same 1986 amendment03.

What that exclusion was worth, in one case

The same applicant later settled for around €60,000. The man assaulted in Dublin in July 2015 who received €645 from the Tribunal for out-of-pocket expenses subsequently settled with the State for a sum the newspaper describes as "believed to be about" €60,000, according to The Irish Times (20 February 2026)[42].

The gap is the point all the same. On the same facts the vouched-expenses head produced €645.65, while the settlement of the EU-law claim was reported in a different order of magnitude entirely. That comparison is specific to one case and to a claim against the State rather than to the Scheme, but it explains why the exclusion, rather than any question of eligibility, was the thing most worth taking advice on — and why its removal matters more than any other change to the Scheme in fifty years.

The delay was itself before the High Court

Seven crime victims sued the State over it in April 2026. Separate High Court actions were issued against the Criminal Injuries Compensation Tribunal, the Minister for Justice, Ireland and the Attorney General, seeking declarations that the existing scheme breaches EU law and damages for breach of EU rights, according to The Irish Times (3 April 2026)[43]. Their solicitor is reported as saying that "it is extraordinary that, from October until now, nothing has been done to comply with EU law"43.

Those proceedings were issued before the Scheme was amended, and the amendment of 27 July 2026 addresses the substance of the complaint. What it does not obviously address is the position of applicants whose files were decided under the old terms during the period between the Court of Justice ruling and the amendment. That question is live rather than theoretical, and a separate route — an action against the State rather than an application to the Tribunal — has been tested by others on facts that may resemble your own. Neither is a reason to delay an application, because the time limit runs regardless, but both are reasons to take advice on sequencing rather than simply applying and waiting.

Two dates, and the one that applies to you: 1986 and 2006

Both dates are real, and they belong to different versions of the Scheme. Anyone reading about this exclusion will meet 1 April 1986 in the case law and 1 January 2006 in the Scheme text, and the two are easy to mistake for a contradiction. The explanation is that the Scheme has been revised more than once, and the Tribunal applies the version in force for the application before it.

Table 3. Where the 1986 and 2006 dates come from
DateWhere it appearsWhat it means
1 April 1986The earlier Scheme text, as quoted in Blanco in the High Court14 and recited by the Court of Justice in Case C-284/2403, and as expressly described in a Tribunal decision as "the Scheme in place at the time of the applicant's application"[15]The amendment that removed general damages in the first place. It is the wording those cases were decided on, because both concerned injuries sustained long before the Scheme was revised.
1 January 2006Paragraph 6(e) of the Scheme text quoted in current Tribunal decisions16The date the exclusion in the operative text is keyed to. This is the wording a Tribunal member applies to an application decided today.

Injuries sustained before 1 January 2006

The exclusion had a boundary, and it looked backwards. On the face of Paragraph 6(e), the bar on pain and suffering applied "in so far as injuries sustained on or after 1 January, 2006 are concerned"16. An injury sustained before that date was not caught by the words of the exclusion, and the Tribunal's own published decisions show it treating the position that way. This mattered enormously until 27 July 2026 and matters less now the exclusion has been removed altogether — but it still matters, because the amended Scheme's transitional arrangements have not been published and an older application may yet be decided on older terms01.

This was the single most overlooked point about what the Scheme covered, and it mattered most to the people least likely to know it. Survivors of historic sexual or physical abuse are the group whose injuries most often predate the exclusion, and for them the largest head of loss was open even while it was closed to everyone else. Two cautions attach to it. The dates in the published decision are redacted, so the decision does not itself prove where the Tribunal draws the line, and the time limit for applying is a separate and formidable obstacle, dealt with under time limits in Ireland. Anyone in that position should take advice on the date question specifically rather than assume any particular version of the Scheme will be applied to their file.

A ruling of that kind does not rewrite a national scheme by itself. Because this is an administrative scheme whose terms are set by the Government, the text had to be amended before the Tribunal could assess a claim for pain and suffering. That amendment was agreed on 14 April 2026 and made and published on 27 July 202601. What the amended text says about which applications it reaches, and what the Minister's guidance will say about amounts, is why the timing question deserves its own section below.

What changed on 27 July 2026, and what has not

Two separate things have been moving at once, and they are easy to confuse. One is an amendment to the existing Scheme, which the Government agreed on 14 April 2026 and which the Department made and published on 27 July 202601. That has happened. The other is a proposal to replace the Scheme entirely with a statutory body, recommended by the Law Reform Commission in March 2026[04]. That has not happened, and the two run on different timescales.

Table 4. What has happened, and what has not, on pain and suffering under the Scheme
DateWhat happenedEffect on an application decided today
Before 2 October 2025General damages for pain and suffering were excluded in non-fatal casesExclusion applied
2 October 2025The Court of Justice of the European Union held that EU law precludes a blanket exclusion of compensation for pain and suffering03Scheme text unchanged, so the exclusion continued to be applied
March 2026The Law Reform Commission published its Report on Compensating Victims of Crime, recommending a new statutory scheme04No effect, because a recommendation is not law
14 April 2026The Government agreed amendments to the existing Scheme to provide for damages for pain and suffering01No effect until the amended Scheme was made and published
3 July 2026The Department confirmed on its own pages that amendments were still being finalised01. Those subordinate pages still carried this notice on 27 July 2026, after the amended Scheme had been published on the Department's Scheme landing pageExclusion still applied
27 July 2026The Scheme was amended and published. The amendment removes the exclusion of compensation for pain and suffering, provides that the amount awarded shall be within guidance issued by the Minister for Justice, Home Affairs and Migration, makes arrangements for applications submitted before that date and not yet finalised, and makes transitional arrangements for late applications01Exclusion removed. The amount payable turns on the Minister's guidance, which was not published when this page was checked

What the amendment did, and did not, change

An amendment changes the terms rather than the institution. The Tribunal continues to operate, the application process continues as it did, and a new head of loss has become available for the first time since 1986. Everything else described on this page — vouching, the deduction rules, the €500 floor, the traffic-offence exclusion, the conduct and provocation provisions — is unaffected so far as any published source states.

The two questions applicants most want answered, namely how much and from when, still cannot be answered from a published source. The Department says the amount "shall be within guidance as issued by the Minister for Justice, Home Affairs and Migration"01, and that guidance was not published when this page was checked. On timing, the Department records that the amended Scheme "provides arrangements for existing applications for compensation submitted prior to 27 July 2026 that have not been finalised" and "provides transitionary arrangements for the acceptance of late applications to the Scheme per specified dates"01. Both are summaries of the amended text rather than the text itself, and neither states the specified dates.

Two practical consequences follow. If you have an application in the system that has not been finalised, it appears to be within the arrangements the Department describes, and that is worth raising with the Tribunal secretariat now rather than waiting to be written to. And if you were previously outside the time limit, the transitional late-application arrangements may open a window — but a window with specified dates is a window that closes. The background to the Scheme's structure is set out in more detail on the Scheme explained.

Replacing the Tribunal with a statutory body

The Law Reform Commission proposed something more fundamental in March 2026. Its Report on Compensating Victims of Crime recommends a dedicated independent statutory body to replace the current Tribunal, operating in three tiers: an assistive tier, an adjudicative tier, and an appeals tier heard by a three-person panel, according to the Law Society Gazette (Updated March 2026)[10].

The Commission's recommendations include compensation for pain and suffering, a two-year application deadline with children able to apply until two years after turning 18, legal representation in appropriate situations including complex cases or where the applicant is vulnerable, and a mechanism for expedited payment10.

What no published source yet answers

The amendment answered the biggest question and left three others open. Each of the three is the question a person in that situation most wants settled, and each depends on text or guidance that has not been published. Anyone who tells you the answer today is guessing.

Table 5. Open questions on the transition, and why they are open
QuestionPosition as at 27 July 2026Why no answer exists yet
Will the amended Scheme reach injuries sustained before 27 July 2026? Not stated in any published source The Department records that the amended Scheme makes arrangements for applications submitted before 27 July 2026 that have not been finalised, and transitional arrangements for late applications "per specified dates"01. It does not state those dates, and it does not say whether the new entitlement is keyed to the date of injury, the date of application or the date of decision. The superseded Paragraph 6(e) was keyed to a date of injury16.
Can an application already decided be revisited once pain and suffering becomes payable? Not stated in any published source This is an administrative scheme rather than a statute. The Department says the amended Scheme provides arrangements for applications "submitted prior to 27 July 2026 that have not been finalised"01, which on its face addresses live files rather than closed ones. Tribunal Instruction 1 gives three months from the date of the Tribunal's letter to accept or appeal a first-instance decision, after which the file is closed and archived, though the Tribunal "may extend these deadlines for acceptance in exceptional circumstances" communicated in writing when they first arose[41]. That is the procedural context any reopening would have to overcome. Seven High Court actions issued in April 2026 tested a different route, damages against the State for the delay itself43.
How much will be payable for pain and suffering, and on what scale? Not stated in any published source The Department states only that the amount "shall be within guidance as issued by the Minister for Justice, Home Affairs and Migration"01, and that guidance is not published. The Court of Justice held that Member States are "not necessarily obliged to provide complete reparation"03, so the standard the guidance has to meet is fair and appropriate compensation rather than the full civil measure. Whether it will adopt the Personal Injuries Guidelines[09], a tariff, or a capped figure is not published.

Two things follow for anyone deciding what to do now. Waiting for the Minister's guidance is not a neutral choice, because the time limit runs on its own timetable and no publication date has been given for the guidance01. And if you are within the acceptance window on a decision already made, the three-month period in Instruction 1 is worth knowing about before it expires41, because a closed and archived file is a worse starting point than a live one now that the exclusion has gone.

Recommendations of that kind carry no legal force on publication. The Commission published a draft Compensation for Victims of Crimes of Violence Bill 2026 alongside the report, and a draft Bill is not an enacted Bill: it has to be introduced, passed by both Houses of the Oireachtas and signed before any of it applies to an applicant04. Whether the Government proceeds with the statutory model, the interim amendment, or both in sequence is not something any published source states today.

What the Scheme does not cover

The exclusions are as important as the inclusions, because most rejected or reduced awards fail on one of them rather than on eligibility. According to the Department of Justice, Home Affairs and Migration, "the Scheme makes no provision for awarding legal costs and consequently the Tribunal has never awarded legal costs to an applicant"11. Citizens Information adds that the Scheme "covers personal injury only and makes no provision for compensation in respect of stolen or damaged property"02.

Each exclusion has a different reason behind it, and knowing which one you are facing tells you whether another route exists.

Table 6. Losses the Scheme does not pay, and the reason in each case
Not coveredReason
Property stolen or damaged during the crimeThe Scheme covers personal injury only02
A total loss below €500No compensation is paid where the loss suffered is less than €50002
Your legal costs of making the applicationThe Scheme makes no provision for awarding legal costs11
Loss already compensated from another sourceThe Tribunal has to ensure a person is not compensated twice for the same injury11
Any loss you cannot vouchExpenses must be proven by original receipts to be counted02
Exemplary, vindictive or aggravated damagesExcluded by Paragraph 6(a)16
Maintenance of a child born to a victim of a sexual offenceExcluded by Paragraph 6(b)16
Loss or diminution of expectation of lifeExcluded by Paragraph 6(c)16
A claim for the benefit of a deceased victim's estateExcluded by Paragraph 6(d)16
Injuries inflicted in a traffic offenceExcluded by Paragraph 11, unless the Tribunal finds a deliberate attempt to run the victim down17
An injury sustained outside the StateThe injury must have been sustained within the State or aboard an Irish ship or aircraft16

Injuries caused by a vehicle

A car is treated as a traffic matter until it is treated as a weapon. Paragraph 11 of the Scheme provides that "no compensation will be payable in respect of injuries inflicted in a traffic offence except in a case where there has been, in the opinion of the Tribunal, a deliberate attempt to run down the victim"17. Citizens Information states the same rule from the applicant's side02.

The line therefore falls on intention rather than on severity. A dangerous-driving injury, however serious and however culpable the driver, is outside the Scheme. A vehicle driven at a person deliberately is inside it, subject to the Tribunal forming that opinion on the evidence. Injuries caused by an uninsured or untraced driver in the ordinary course of a road traffic collision are dealt with through a different mechanism entirely, and the Garda investigation file usually decides which characterisation the incident carries.

The exclusion that was removed: living in the same household

An assault by someone you lived with used to be excluded outright, and no longer is. The Scheme formerly provided, at Paragraph 10, that "no compensation will be payable where the offender and the victim were living together as members of the same household at the time the injuries were inflicted"[28]. That paragraph was deleted by the reforms announced on 20 April 2021, which removed "Paragraph 10 of the Scheme, which prevented awards being made where the crime was committed by a member of the same household"[27].

The practical effect is that injuries inflicted in a domestic setting are now assessed on the same heads as any other violent crime. Older material describing a household bar is describing a rule that no longer exists, though an application concerning an incident that predates the revision may still meet the version then in force. The deletion is also why Scheme paragraph numbers shifted, which is set out below.

Falling outside the Scheme does not always mean falling outside compensation. A member of An Garda Síochána maliciously injured in the course of duty has a dedicated statutory route under the Garda Síochána (Compensation) Act 2022, which works on different principles and different limits. Where a violent assault happened on premises whose occupier failed to take reasonable security measures, inadequate security assault claims address a defendant who is not the attacker. Neither route is a substitute for the other, and the choice usually turns on who was at fault and who can pay.

Key facts at a glance

Scheme: Scheme of Compensation for Personal Injuries Criminally Inflicted

Decision maker: Criminal Injuries Compensation Tribunal

Jurisdiction: Republic of Ireland

Governing paragraph: Paragraph 6 of the Scheme16

Measure of compensation: "on the basis of damages awarded under the Civil Liabilities Acts"16

Minimum award: €500, under Paragraph 90224

Maximum award: "There is currently no maximum level of award"[35]

Pain and suffering, non-fatal: payable since 27 July 2026; the amount is to be within guidance issued by the Minister, unpublished at the date of this check01

Form of payment: lump sum, not a periodical pension, with interim awards possible19

Counselling and psychotherapy fees: claimable where vouched21

Traffic offences: excluded unless a deliberate attempt to run the victim down17

Tax on the award: listed by Revenue among personal injury compensation payments that may not be taxable29

Average award, general scheme 2024: €49,335 across 203 awards[37]

Mental distress, fatal cases: up to €35,000 in aggregate among dependants02

Legal costs: never awarded to an applicant11

Standard for expenses: vouched, proven by original receipts02

Future loss: payable, covering earnings and disability-related expenses02

Property loss: not covered02

Payments from other sources: taken into account to prevent double compensation11

Where a head the Scheme does not reach is covered instead

An exclusion tells you which route is wrong, not that no route exists. Several of the heads the Scheme does not reach are recoverable elsewhere on the same facts, and the choice usually turns on who the applicant is and whether an offender was convicted. This section maps the exclusions to the routes that reach them. Each route has its own conditions, and none of them is a substitute for advice on your own facts.

Table 7. Heads the Scheme does not reach, and the routes that can
Head the Scheme does not reachRoute that can reach itBasis
Pain and suffering in a non-fatal case, where the application was decided before 27 July 2026. The Scheme itself has covered this head since that date01A civil personal injury claimGeneral damages assessed by reference to the Personal Injuries Guidelines09
A compensation order in the criminal court on convictionSection 6(2), Criminal Justice Act 1993, measured by what the injured party would recover in a civil action[32]
Garda compensation, for a member injured maliciously on dutyThe court "shall … have regard to the pain and suffering occasioned by the injuries to the claimant", section 23(4)(d), Garda Síochána (Compensation) Act 2022[33]
Property damaged during the crimeA compensation order in the criminal courtLoss from property damaged while out of the injured party's possession is treated as resulting from the offence, section 6(3), Criminal Justice Act 199332
Your legal costsA civil claim, where costs follow the event at the court's discretionNo equivalent under the Scheme11
Cost of specific reports obtained at the Tribunal's request, where the application is refusedThe Tribunal itself, exceptionally and in its discretionTribunal Instruction 4, made under Paragraph 19[26]
An injury sustained in another EU member stateThe compensation authority of that state, with the Tribunal forwarding the applicationCouncil Directive 2004/80/EC36

Compensation orders in the criminal court

A conviction opens a route the Scheme cannot offer, because it reaches the full civil measure. On conviction, a court "may, unless it sees reason to the contrary, make (on application or otherwise) an order … requiring him to pay compensation in respect of any personal injury or loss resulting from that offence … to any person … who has suffered such injury or loss"32. The amount is not capped by any Scheme-style list of heads. Under section 6(2) it may not exceed "the amount of the damages that, in the opinion of the court, the injured party would be entitled to recover in a civil action against the convicted person in respect of the injury or loss concerned"32, which is a measure that includes general damages. The same subsection additionally caps an order made by the District Court at that court's jurisdiction in tort32.

Two consequences follow, and they pull in opposite directions. A compensation order can cover what the Scheme will not, but it is only as good as the offender's means, which is the very problem the Scheme exists to solve. And money actually received under such an order is then deducted from a Scheme award, because the Scheme deducts "any sums paid to or for the benefit of the victim or his dependants by way of compensation or damages from the offender or any person on the offender's behalf following the injury"[20]. Section 9 of the 1993 Act performs the same balancing in the other direction, reducing later civil damages by any amount paid under the order32.

Gardaí and prison officers: different schemes, different coverage

Coverage depends on who the injured person is, not only on what happened. A member of An Garda Síochána maliciously injured in the performance of duty claims under the Garda Síochána (Compensation) Act 2022 route, where the assessment must "have regard to the personal injuries guidelines" and to "the pain and suffering occasioned by the injuries to the claimant"33. That is a statutory entitlement measured in a way the general Scheme is not.

The Tribunal also administers a separate Scheme of Compensation for Personal Injuries Criminally Inflicted on Prison Officers. The Department's published guidance on the general Scheme states expressly that it "concerns the Scheme of Compensation for Personal Injuries Criminally Inflicted only and not the Scheme of Compensation for Personal Injuries Criminally Inflicted on Prison Officers"11, and the Law Reform Commission records that the prison officers scheme "operates on different terms and compensates prison officers only"[34]. Its terms are not published online, so nothing on this page should be read as describing what it covers.

The Scheme paragraph by paragraph

Paragraph numbers changed in 2021, and the old numbers are still in circulation. Anyone reading a Tribunal decision, a solicitor's letter or an older guide will meet two numbering systems for the same rules, because the deletion of the former Paragraph 10 shifted the paragraphs after it. The Tribunal's own published decisions collection carries most of the mapping in its section headings15. Those headings run only as far as Paragraph 15, so the rows below for Paragraphs 4, 19, 20 and 22 are sourced separately, from the decisions and Instructions cited against them.

Table 8. Scheme paragraphs relevant to coverage, with their pre-2021 numbers
Current paragraphPreviouslySubjectEffect on what you recover
11Injury due to a crime of violence15Sets the outer boundary: personal injury directly attributable to a crime of violence, sustained within the State or aboard an Irish ship or aircraft16
44Assisting the prevention of crime or the saving of human life16Extends cover to people injured intervening, not only to the target of the crime
55Other compensation received15Permits a parallel claim elsewhere but prevents duplication, and allows an award to be made subject to repayment conditions[18]
66Nature of compensation15The coverage rule and its five exclusions16
88Interim award15Lump sum rather than pension, with an interim award available where final medical assessment is delayed19
99Minimum award15Nothing below €500 is paid24
1011Need to provide all reasonable assistance15Failure to assist the Tribunal, including on medical reports, bars an award
10Same household exemption, deleted in 202115No longer applies. Injuries inflicted by a member of the same household are now within the Scheme27
1112Non-applicable traffic offences15Traffic-offence injuries excluded unless a deliberate attempt to run the victim down17
1213Provocation and part-responsibility15Bars or reduces an award where the victim was responsible for the offence[38]
1314Victim's conduct, character or way of life15Bars or reduces an award where an award would be inappropriate[05]
1415Social welfare and sick leave payments15Reduces compensation by social welfare entitlement and by employer sick pay20
1516Compensation provided by the offender15Deducts sums paid by or on behalf of the offender20
1920Tribunal Instructions26[41]The power under which Instruction 4 allows report costs to be reimbursed in refused cases26
2021Time limits15Three months, extendable to two years exceptionally. Full treatment under time limits11
22Not statedNeed to report to An Garda Síochána or Fiosrú[46]An entry condition rather than a coverage rule. See who can apply

Which version of the Scheme applies to my injury?

Several rules on this page turn on dates: the amendment of 27 July 2026 that removed the pain and suffering exclusion, the superseded Paragraph 6(e) date of 1 January 2006, the same-household exclusion deleted in 2021, and the paragraph numbering itself. Enter your dates and this will flag which of them are live for you, with the source for each. It gives flags to raise with a solicitor, not answers: which Scheme version binds a given application is not settled by any published source, so where that matters it says so.

Your dates
  • Pain and suffering: no longer excludedThe exclusion of compensation for pain and suffering was removed when the Scheme was amended and published on 27 July 202601. The amount payable is to be within guidance issued by the Minister for Justice, Home Affairs and Migration, and that guidance was not published when this page was checked, so no figure can be given.
  • Injury before 1 January 2006: the old exclusion never reached youThe superseded Paragraph 6(e) excluded pain and suffering only “in so far as injuries sustained on or after 1 January, 2006 are concerned”16. An injury on 15 June 2004 was before that date and was never caught by its words, and the Tribunal awarded general damages on that basis22. This matters only if an older version of the Scheme is applied to your file.
  • Same household: check which version appliedThe former Paragraph 10 barred an award where the offender and victim “were living together as members of the same household at the time the injuries were inflicted”28. It was deleted on 20 April 202127. For an incident before that date this needs to be checked rather than assumed either way.
  • Paragraph numbering: pre-2021A decision on an application made before 20 April 2021 uses the older numbering, in which conduct and character is Paragraph 14 and provocation is Paragraph 1315. Under the current numbering they are 13 and 12.
  • Minimum award: check the figure that appliedThe minimum has been £50, then €250, and is now €5002427. The figure that applies is the one in force for the application, not necessarily €500.
  • Time limit: the separate and harder obstacleApplications should be made within three months, extendable to two years only where the Tribunal is satisfied the circumstances justify it11. For an older injury this is usually the real difficulty. See time limits in Ireland.

Pre-filled with an illustrative injury date of 15 June 2004 so the tool shows a complete result before you touch it. This is information, not legal advice, and the flags are prompts for a conversation with a solicitor rather than conclusions.

Reading a decision against the wrong numbering is the commonest way to misread the Scheme. A decision on an application made before the revision will cite the conduct and character provision as Paragraph 14 and the provocation provision as Paragraph 13, while a decision applying the current text puts them at 13 and 12 respectively15. The wording of both provisions was carried across substantially unchanged, so the substance is the same and only the label moved.

How does the Tribunal work out what you get?

The Scheme borrows its measure of loss from ordinary Irish civil law. Irish damages law divides compensation into general and special damages, and until 27 July 2026 the Scheme assessed the special damages side only, according to Citizens Information (Updated April 2025)02. On the special damages side nothing has changed: no award is calculated from a scale of injury severity, the figure is built from documents, added up, and then reduced by anything already paid for the same loss11. How the general damages side will be valued is a matter for guidance to be issued by the Minister, which was not published when this page was checked01.

Unlike in England and Wales, in Ireland there is no fixed tariff of injury values under the Scheme, because the Irish Tribunal measures actual vouched loss rather than banding the injury. That difference explains why comparisons drawn from British guidance mislead applicants here. It also explains why the Judicial Council's Personal Injuries Guidelines, which set the value of the injury itself in Irish civil cases[09], had no direct role in a Scheme assessment while the general damages exclusion stood. Whether the Minister's guidance adopts them, adapts them or departs from them is not published01.

Vouching and what counts as proof

Documents carry the assessment, not description. Citizens Information describes the covered categories as "vouched (proven by original receipts) out-of-pocket expenses and bills" alongside lost earnings02, which sets a documentary standard rather than a narrative one. A well-supported application therefore looks like a bundle: receipts and invoices in date order, earnings evidence, medical reports addressing both treatment and prognosis, and a schedule that adds the figures up.

Gaps in that bundle are the most common reason a figure comes back lower than expected. An expense you paid in cash and cannot evidence is treated as an expense you did not incur, which is a harsher outcome than a partial allowance. Running each item through the Four-Head Recovery Check before submission catches most of those gaps while they can still be fixed. The order in which the documents are gathered and submitted is dealt with separately on how to apply.

If you were an employee: payslips, an Employment Detail Summary, an employer letter confirming your absence dates and any sick pay paid, and medical certificates covering the period will usually establish the loss.

If you were self-employed: trading accounts for the years either side of the incident, tax returns, and evidence of specific work turned away or contracts lost do the same job, and the Department notes that assessment at this level may require employer assessment, social welfare reports or actuarial assessment11.

Deductions and double recovery

Three separate Scheme paragraphs take money off the total, and they operate on different sources. Paragraph 14 reaches social welfare and employer sick pay, Paragraph 15 reaches anything paid by the offender, and Paragraph 5 governs what happens where compensation is available from any other source at all. Each is worth reading in its own words, because the deduction is mechanical rather than discretionary.

Paragraph 14, previously Paragraph 15: social welfare and sick pay

"Compensation will be reduced by the value of the entitlement of the victim or claimant to social welfare benefits payable as a result of the injury and will be reduced, to the extent determined by the Tribunal, in respect of the entitlement of the victim to receive, under his conditions of employment, wages or salary while on sick leave."

Scheme text. Decision 52615, 23 July 2022, applies this paragraph, recording that "pursuant to Paragraphs 14 and 15 of the Scheme, the Tribunal must take into account and deduct the compensation and social welfare payments received by the Applicant"20.

Note the words "the value of the entitlement". The reduction is measured by what you were entitled to receive, which is not always the same as what you actually claimed. A person who did not apply for illness benefit they were entitled to cannot improve the Scheme award by that omission.

Paragraph 15, previously Paragraph 16: compensation from the offender

"The Tribunal will deduct from the amount of an award under this Scheme any sums paid to or for the benefit of the victim or his dependants by way of compensation or damages from the offender or any person on the offender's behalf following the injury."

Scheme text. Applied in decision 52615, 23 July 202220, and in decision 50982, 11 May 2022, where a payment by the assailant's father was deducted24.

The reach of "any person on the offender's behalf" surprises applicants. A payment made by an assailant's family, or handed over in the criminal court, is deducted in full. In one published decision a payment of €250 by the assailant's father reduced a calculated figure of €267.83 to €17.83, which then fell below the minimum award and produced nothing24.

Paragraph 5: compensation available from any other source

"If the injury is inflicted in the circumstances set out in the Scheme and any person would be entitled to claim compensation (whether statutory or non-statutory) otherwise than under the Scheme for the injury, he will not be prohibited from also claiming compensation under the Scheme but the Tribunal will decide the claim on the basis that no payment under the Scheme should result in compensation being duplicated and may accordingly decide either to make no award or to make a reduced award and may, moreover, decide that an award will be subject to conditions as to its repayment in whole or in part in the event of compensation being subsequently received from another source."

As quoted in Criminal Injuries Compensation Tribunal decision 50949, 3 October 202218.

Two features of Paragraph 5 matter to anyone running a Scheme application alongside a civil claim. The Tribunal may make no award at all where an award would duplicate compensation, and it may attach a repayment condition so that money must be handed back if compensation later arrives from elsewhere. In the decision quoted above the applicant had settled High Court proceedings on an all-in basis that covered the same special damages, and the Scheme application produced nothing18. Sequencing and the wording of any civil settlement therefore have direct consequences for the Scheme award.

Payments from elsewhere reduce the award rather than barring the application. The Department states that where an applicant "has received funding from another source (for example: Department of Social Protection, HSE)", the applicant is not prohibited from applying, but "the Tribunal has to ensure that a person is not being or has not been compensated for the same injury from a different source"11. Citizens Information records that the Tribunal considers social welfare payments, agriculture payments, and salary or wages received while on sick leave02.

Two practical consequences follow. Wages paid in full by an employer during your absence remove the earnings loss for that period, because the loss fell on the employer instead.

Treatment paid for by a private health insurer is not your out-of-pocket expense, and only the shortfall you actually met is recoverable on the vouched-expense standard02. List each deduction against the gross figure it reduces. A net figure with no workings behind it invites a query rather than an award.

State-funded treatment is the most common example of a cost you cannot recover. Where the HSE or a medical card has already met your medical or prescription costs, those costs cannot be recovered again, according to the Department of Justice, Home Affairs and Migration11. A medical card holder who paid nothing out of pocket has nothing to vouch under that head, a frequent reason a genuine applicant recovers less than expected.

Worked figures from published Tribunal decisions

The Tribunal publishes its own decisions, and they show the arithmetic. No average tells an applicant what their own file is worth, but published decisions show how a total is actually built and, more usefully, how deductions dismantle one. The figures below are taken from decisions published by the Tribunal on gov.ie. They are examples of how the Scheme operates, not a guide to what any other case will produce.

Table 9. Four published Tribunal decisions, and how each total was reached
DecisionHeads allowedDeductionsOutcome
53693, 20 January 202421 Dental treatment €2,040; counselling fees €2,030; travel €80 None recorded €4,150
53821, 17 May 2022[23] Loss of earnings €9,329.23 Illness and disablement benefit €4,208.50 €5,120.73
52909, 24 February 2024[25] Vouched hospital, GP, taxi and pharmacy expenses None recorded €245.33, with psychological injury acknowledged but not compensable
52615, 23 July 202220 Loss of earnings over three months €2,466.31 Illness benefit €2,318.70, then €3,000 received from the offender No award

Read together, those four decisions make a point no summary of the heads of loss can. The largest of them, at €5,120.73, turns almost entirely on a single payslip figure. The smallest, at €245.33, records psychological injury that the Tribunal expressly could not compensate25. And one produced nothing at all despite a real and proven wage loss, because two deductions consumed it20.

How deductions consumed the award in Tribunal decision 52615 A proven loss of earnings of €2,466.31 is reduced by illness benefit of €2,318.70 under Paragraph 14, leaving €147.61, which is already below the €500 minimum award. A further €3,000 received from the offender, deducted under Paragraph 15, extinguishes the balance entirely, so no award was made. €500 minimum award (Paragraph 9) Loss of earnings for three months €2,466.31 Calculated by the Tribunal from net annual earnings Less illness benefit, Paragraph 14 €147.61 €2,318.70 removed. The balance is already below the €500 floor. Less compensation from the offender, Paragraph 15 No award €3,000 already received, which exceeds the €147.61 balance.
Decision 52615, 23 July 202220. A real, proven wage loss that produced nothing. The figures are in Table 9 above.

The published set also puts the €500 floor in perspective. An application resting on a single emergency department attendance and a few prescriptions can land below it, while travel to repeated appointments and a few weeks of certified absence will usually clear it comfortably. Totalling the vouched figures before deciding whether to apply is therefore worth more than estimating from the seriousness of the assault.

Work out your own figure: the Four-Head Recovery Check

This adds up figures you already have. It does not value a claim. It covers the vouched financial heads only. It does not touch pain and suffering, which the Scheme has compensated since 27 July 2026 on a basis the Minister's guidance has yet to set01, so nothing here estimates what a case is worth. What it does is run each vouched loss through the four tests set out earlier, apply the deductions in Paragraphs 5, 14 and 15, and test the result against the €500 minimum in Paragraph 9. The output is a schedule of loss you can print and bring to a solicitor.

Four-Head Recovery Check

Enter only amounts you have actually spent or actually lost. Untick “vouched” for anything you cannot yet prove with a receipt, invoice, payslip or account entry, and it will be excluded from the total and reported separately. Everything stays in your browser: nothing is sent anywhere, stored or saved.

1. Your losses, by head
2. Amounts already received for the same injury

Pre-filled with the figures from published Tribunal decision 53693, 20 January 202421, so the tool shows a complete worked example before you touch it. Clear it to enter your own.

Net vouched figure to put before the Tribunal €4,150.00

This clears the €500 minimum award in Paragraph 9.

Your vouched loss after deductions A gross vouched loss of €4,150.00 with no deductions entered, leaving €4,150.00, which is above the €500 minimum award. €500 minimum €4,150.00
  • Above the minimum award€4,150.00 is above the €500 floor in Paragraph 9, so the loss is assessed in full rather than refused for falling short.
Your schedule of loss
ItemVouchedAmount
Medical, dental and optical treatmentYes€2,040.00
Counselling and psychotherapyYes€2,030.00
Travel to obtain treatmentYes€80.00
Gross vouched total€4,150.00
Less deductions€0.00
Net figure€4,150.00

This is an arithmetic tool, not legal or tax advice, and it does not estimate the value of a claim. It applies the €500 minimum in Paragraph 924 and the deduction rules in Paragraphs 5, 14 and 151820 to figures you supply. Whether a particular loss falls under a recognised head, and whether a deduction applies, are matters for advice. Request a consultation or call 01 9036408.

Why Scheme awards differ from civil compensation

One head explained most of the gap for forty years. The measure is borrowed from the same body of law that governs personal injury claims in Ireland, but until 27 July 2026 one head of loss was taken out of it, and that single removal is what explained most of the gap between a Scheme award and a court settlement. A court award for a serious assault typically carries a substantial general damages figure for the injury itself, assessed by reference to the Judicial Council's Personal Injuries Guidelines09. Remove that figure and what remained was the receipts and the payslips. That head now exists under the Scheme, but it is to be valued by guidance issued by the Minister rather than by the civil measure01, so some gap is likely to remain and its size is not yet knowable.

Unlike in England and Wales, in Ireland the Scheme does not apply a multiple-injury formula that pays a reduced percentage for a second and third injury, because there is no tariff to apply percentages to. Multiple injuries under the Irish Scheme simply generate more expense and more lost income, each vouched on its own terms. The comparison that clients most often bring to a first meeting is a newspaper report of a court award, and the difference they are looking at is almost always structural rather than a sign that their own application was handled badly.

Table 10. The Criminal Injuries Compensation Scheme compared with the civil court route
FeatureCriminal Injuries Compensation SchemeCivil personal injury claim
Who paysThe State, through the TribunalThe person responsible, or their insurer
Pain and suffering includedYes, since 27 July 2026, in an amount to be set by guidance issued by the Minister01Yes, as general damages assessed under the Personal Injuries Guidelines09
Assessment basisVouched financial loss02, plus pain and suffering within guidance to be issued by the Minister01Personal Injuries Guidelines for the injury, plus proved financial loss09
Injuries Resolution Board stageNever appliesNormally the first step
Minimum threshold€500 total loss02None
Your legal costsNever awarded to an applicant11Recoverable in principle from the losing party, at the court's discretion
Depends on the offender having meansNoYes in practice, because an award is worth what the defendant can pay
Decision makerCriminal Injuries Compensation TribunalInjuries Resolution Board, or the courts

Published Tribunal figures for 2024

Published Tribunal figures give the scale of the Scheme rather than the value of any individual case. The Criminal Injuries Compensation Tribunal awarded €14.1 million in total during 2024, according to Irish Legal News (Updated September 2025) reporting the Tribunal's Annual Report 2024[45][12]. The figures in this section are reported by named news sources; the underlying report is published by the Tribunal itself and is linked here so the primary document can be checked directly45.

Under the general scheme, €10.015 million went to 203 applicants, according to the Law Society Gazette[07]. A separate prison officers scheme accounted for €4.133 million across 132 awards[37]. Those totals describe the Scheme rather than any individual application, and dividing one by the other would not produce a figure that means anything for a particular case.

The average follows from those totals, and it moved sharply. The Irish Examiner's report of the Annual Report 2024 gives an average of €49,335 per award under the general scheme, up from €27,838 in 2023, and €31,310 per award under the prison officers scheme37. Published reports differ on the prison officers figure, some giving 120 applicants and others 132 awards1237. Both are right: around 120 officers received 132 awards between them, because an officer may make more than one claim, and the €31,310 figure is an average per award rather than per officer.

Averages of that kind describe a caseload, not a case, and this one is a particularly unreliable guide. Every award in that period was built from the individual applicant's own vouched losses, with nothing for pain and suffering, so a mean of €49,335 tells you nothing about what any particular set of receipts and payslips will produce — and less still about what an award made after 27 July 2026 will look like. It is also pulled upward by a small number of very large future-loss cases: the published decisions in the same period include totals of €245.3325 and €4,15021 alongside one of €73,67116. A median would be more informative than a mean, and none is published.

The two routes are not alternatives in the way people assume

A civil personal injury claim normally starts with the Injuries Resolution Board (IRB), which assesses the claim before any court proceedings, whereas a Scheme application goes straight to the Criminal Injuries Compensation Tribunal and never touches that process. The two routes also depend on different things. A civil claim needs an identified defendant with means or insurance behind them, while a Scheme application does not depend on the attacker being identified, solvent or insured at all.

Pursuing one does not automatically bar the other, but the arithmetic is policed. Where an applicant claims compensation otherwise than under the Scheme, for example through the courts, the Tribunal has to ensure that the same injury is not compensated twice from a different source11. Sequencing therefore matters more than most applicants expect, and it is a decision worth taking before either route is started rather than after.

What if your situation is not straightforward?

Most difficult cases turn on one of four things. The first is timing, where an application sits close to a deadline, or was submitted before 27 July 2026 and has not been finalised, or may fall within the transitional late-application arrangements. The second is overlap, where an employer, an insurer or the State has already paid something towards the same loss.

The third is conduct, where the applicant's own behaviour before or during the incident is likely to be raised. The fourth is proof, where the loss is real and the paperwork behind it is not.

Each of those changes what should be submitted and when. None of them is answered by reading a list of covered expenses, because the question stops being what the Scheme pays for and becomes how your particular facts meet it.

Conduct, character, provocation and reduced awards

An award can be refused or cut for reasons unconnected to the loss. Two separate paragraphs do this work, and they are regularly confused with one another because the 2021 renumbering swapped their labels. Paragraph 13, formerly Paragraph 14, deals with conduct, character and way of life. Paragraph 12, formerly Paragraph 13, deals with provocation and part-responsibility. A conduct point and a provocation point are different arguments and call for different answers.

Paragraph 13, previously Paragraph 14: conduct, character or way of life

"No compensation will be payable where the Tribunal is satisfied that the conduct of the victim, his character or his way of life make it inappropriate that he should be granted an award and 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 victim."

As quoted in published Criminal Injuries Compensation Tribunal decisions15.

Paragraph 12, previously Paragraph 13: provocation and part-responsibility

"No compensation will be payable where the Tribunal is satisfied that the victim was responsible, either because of provocation or otherwise, for the offence giving rise to his injuries and the Tribunal may reduce the amount of an award where, in its opinion, the victim has been partially responsible for the offence."

As quoted in Criminal Injuries Compensation Tribunal decision 53979, 13 September 2023, which numbers this provision Paragraph 13 because it applies the pre-2021 numbering38.

Both paragraphs are worded as a bar first and a reduction second, which is the structure that matters in practice. The Tribunal does not have to choose between paying in full and paying nothing: a partial reduction is expressly available under each. In one published fatal decision a mental distress award was reduced by half rather than refused (decision F/53765, 28 February 2023)39. An applicant facing either point is therefore arguing about the size of the reduction as much as about the principle.

The High Court has confirmed that the conduct provision reaches beyond the injured person. Compensation is not payable where "the conduct, character or way of life of the victim makes it inappropriate that he should be granted an award", as reported of the High Court's February 2024 judgment[05]. The common assumption is that the provision targets what happened during the incident, when the wording is wider than that.

Two practical points follow for anyone whose history may be raised. Previous convictions are not automatically fatal to an application, because the test asks whether an award would be inappropriate rather than whether a record exists, and the reported case involved a substantial record connected to the circumstances of the death. Disclosure is still better handled at the outset than in response to a query, since the Tribunal will form a view either way and an unexplained history reads worse than an explained one.

Will a Scheme award affect your social welfare payments?

Three different questions get collapsed into one here. The first is whether the State claws back benefits out of an award, the second is whether benefits already received reduce the award itself, and the third is whether a lump sum affects a payment you are getting now or may claim later. The answers differ, and the third one depends on which payment you are on.

On the first question, the position is set out in the Department of Social Protection's own guidance. The Recovery of Benefits and Assistance scheme applies to compensation payments for personal injuries made on or after 1 August 2014, and payments made by the Criminal Injuries Compensation Tribunal are listed among the exceptions to it, according to the Department of Social Protection (Updated January 2025)[06].

Compensation for injuries causing death is also outside that recovery scheme06. The position stated here is the position published as at 27 July 2026 and should be re-checked before an award is finalised.

On the second question, benefits already paid do affect the sum. The Tribunal takes account of social welfare payments, agriculture payments, and salary or wages received while on sick leave from work, according to Citizens Information02. Illness benefit received during an absence therefore reduces the earnings loss the Scheme is being asked to meet, even though the Department is not recovering that benefit out of the award.

If your payment is not means-tested, such as a contributory payment based on your social insurance record, a lump sum does not ordinarily change your entitlement, because entitlement rests on contributions rather than on resources.

If your payment is means-tested, a lump sum may be assessed as capital and can affect the rate, so the rules of that particular payment need to be checked with the Department of Social Protection before the money arrives.

A question worth putting to the Department in writing before an award lands, rather than afterwards, is how the lump sum will be treated for the specific payment you receive. Written confirmation is easier to obtain in advance and avoids an overpayment being raised months later, and the Department's own operational guidelines are the document to quote when asking06.

Is a Scheme award taxable?

The award itself is compensation rather than income, and Revenue names this Tribunal expressly. Revenue's guidance on personal injury compensation payments states that "if you receive a personal injury compensation payment, you may not have to pay tax on it", and the payments it lists include those made by the Criminal Injuries Compensation Tribunal[29]. What follows is general information about how such payments are treated and is not tax advice; the treatment of your own award should be confirmed with Revenue or an accountant before it is received.

Two distinct questions sit inside this, and conflating them is where people go wrong. The first is whether the lump sum is taxed. The second is whether the income the lump sum later generates is taxed. The answers are different.

Table 11. How a Scheme award and the income from it are treated for tax
QuestionPositionBasis
Is the lump sum charged to capital gains tax?No"Any sum obtained by means of compensation or damages for any wrong or injury suffered by an individual in his or her person or in his or her profession" is not a chargeable gain, section 613(1)(c), Taxes Consolidation Act 1997[30]
Is the lump sum income?No. It is a capital sum compensating loss, not earningsRevenue lists Criminal Injuries Compensation Tribunal payments among personal injury compensation payments on which tax may not arise29
Is income earned by investing the award taxable?Yes, in the ordinary way, unless a narrow exemption appliesSection 189, Taxes Consolidation Act 1997, and Revenue's guidance on it[31]
What is that exemption?Income and gains from investing the compensation are exempt where the individual is "permanently and totally incapacitated by reason of mental or physical infirmity from maintaining himself or herself", and where that income and those gains exceed half of their total income and gains for the yearSection 189, Taxes Consolidation Act 1997, as described in Revenue's Tax and Duty Manual31

The investment exemption is narrower than it first sounds, and both of its conditions have to be met. The incapacity test is permanent and total incapacity from maintaining oneself, which is a high threshold, and the arithmetic test requires the compensation-derived income and gains to exceed half of the person's aggregate income and gains31. Where the exemption does apply, returns still have to be filed31.

One point of interaction with the rest of this page deserves emphasis. Because the Scheme currently pays only vouched expenses and lost earnings, the award reimburses money already gone rather than replacing an income stream, which is part of why it does not present as taxable income. That characterisation is worth revisiting once the amended Scheme providing for pain and suffering is published, and the position on this page should be re-checked against Revenue's own guidance at that point29.

Fatal cases: what dependants can claim

A different set of heads applies after a death. Where a person dies as a result of a crime of violence, dependants may apply in their own right, and the Scheme reaches funeral and burial expenses, loss of dependency, and a payment for mental distress. Mental distress is the one head of a non-financial kind the Scheme has always recognised, which is why the pain and suffering exclusion removed on 27 July 2026 was a non-fatal exclusion rather than a general one.

The ceiling is statutory rather than a figure the Scheme chose. Paragraph 6(e) provides that "in fatal cases, the maximum award for compensation for pain and suffering is limited to the maximum amount set in any Statutory Instrument made pursuant to section 49 (1A) of the Civil Liability Act 1961 as amended"16, and a published Tribunal decision footnotes "section 49 (1A)(b) of the Civil Liability Act, 1961, as inserted by Section 2 (1)(b) of the Civil Liability (Amendment) Act, 1996" together with S.I. No. 6 of 2014 (decision F/53762, 13 February 2024)39. The Scheme’s cross-reference is to the power rather than to the ceiling: the maximum itself sits in section 49(1)(b) of the 1961 Act, while section 49(1A) is the Minister’s power to vary that figure by order[44].

Who counts as a dependant is settled by section 47 of the Civil Liability Act 1961 rather than by the Scheme[08]39.

Fatal awards are also where the reduction provisions are visible in practice. In one published fatal decision the total mental distress figure was reduced by 50 per cent to €17,500, of which €5,000 was awarded to a named dependant and the remaining €12,500 to the applicant "to be distributed amongst the remaining statutory dependants, or not, entirely at her discretion" (decision F/53765, 28 February 2023)39. Funeral and burial costs are vouched in the ordinary way and are not caught by the mental distress ceiling.

If there is one dependant, the ceiling and the individual entitlement are the same figure, so the assessment is simply what the Tribunal considers appropriate up to that limit.

If there are several dependants, the same ceiling is divided among them as the Tribunal decides11, so the number of people affected does not increase the total available for mental distress.

Loss of dependency is assessed separately and is usually the larger figure. The claim measures the financial support the household has lost, which turns on the deceased's earnings, the extent to which those earnings supported each dependant, and how long that support would have continued. Funeral and burial costs are treated as vouched expenses in the ordinary way, so receipts and invoices carry them.

The mental distress head has its own rules in Irish law, including who counts as a dependant and how the sum is apportioned, and those are set out under the mental distress payment as it operates under the Civil Liability Act 1961[08]. The application process and the evidence involved where a death has occurred are dealt with in more detail for families after a fatal crime.

Terms used on this page

Six terms carry most of the meaning in any discussion of what the Scheme covers, and three of them mean something narrower here than in ordinary use.

Vouched
Proved by original receipts or equivalent documentation rather than described. An unvouched expense is treated as an expense not incurred, not as a discounted one02.
Special damages
Quantifiable financial loss: treatment costs, prescriptions, travel, lost earnings. This was the only side of the assessment the Scheme paid until 27 July 2026, and it is still the side you can work out for yourself02.
General damages
The value placed on the injury itself and its effect on the person's life. Excluded from the Scheme by Paragraph 6(e) for non-fatal injuries sustained on or after 1 January 2006 until the amendment of 27 July 2026 removed that exclusion1601.
Crime of violence
Not exhaustively defined in the Scheme, but expressly wide enough to include arson and poisoning, and applied without regard to any legal immunity the attacker has by reason of mental health or youth16.
Solatium, or the mental distress payment
A sum for the mental distress of dependants after a death, made under section 49 of the Civil Liability Act 1961 and capped in aggregate rather than per dependant0208.
Interim award
A payment made before the final award where "a final medical assessment of the injury is delayed", deducted from the final figure when it is made19.

Frequently asked questions

What kinds of loss does the Criminal Injuries Compensation Scheme cover in Ireland?

Vouched financial loss, and since 27 July 2026 pain and suffering as well. The financial heads are medical, dental and optical treatment, prescriptions, replacement spectacles, travel to obtain treatment, and loss of earnings both to date and into the future.

Long-term injuries open four further categories: estimated future loss of earnings, estimated future medical expenses, estimated future expenses as a result of any disability suffered, and estimated future loss of earning potential02. The cost of obtaining supporting medical or expert reports is claimable too11. Every one of those heads has to be vouched, which means proven by original receipts or equivalent documentation rather than described.

Worth knowing: until 27 July 2026 this list was narrower than the list in an ordinary court case, because the single largest head in most court awards — the value of the injury itself — was absent from it. That head is now available, in an amount to be set by guidance the Minister had not published when this page was checked01.

Next step: list every loss you have incurred, then check each one against Table 2 above.

Will I be compensated for pain and suffering?

Yes, since 27 July 2026, when the Scheme was amended to remove the exclusion. How much is payable is a separate question that no published source yet answers.

The Court of Justice of the European Union held in October 2025 that EU law precludes a scheme which excludes compensation for pain and suffering as a matter of principle03. The Government agreed amendments on 14 April 2026, and on 27 July 2026 the Department amended and published the Scheme. The amended Scheme "removes the previous Scheme's exclusion of compensation for pain and suffering" and provides that the amount awarded "shall be within guidance as issued by the Minister for Justice, Home Affairs and Migration"01. That guidance had not been published when this page was checked, so the head exists and its value does not yet appear anywhere.

Worth knowing: fatal cases were always different. A payment for mental distress to dependants has long been available under the Civil Liability Act 1961, so the exclusion that was removed was the non-fatal one02.

Next step: check the Department's published Scheme pages for the amended text and the Minister's guidance before relying on any position stated anywhere, including here.

Does the Scheme cover my lost wages?

Yes, on both sides of the assessment date. The Scheme reaches earnings you have already lost and earnings you will continue to lose because of the injury.

The Department describes the head as "loss of earnings to date and into the future, incurred, if any, as a result of the criminal injuries sustained"11. Proving it takes payslips, an employer letter confirming absence dates and any sick pay paid, and medical certificates for an employee. A self-employed applicant produces trading accounts and tax returns instead. The Department notes that the assessment "may be complex to determine and may require employer assessment, social welfare reports or actuarial assessment"11.

Worth knowing: wages your employer continued to pay during your absence are not your loss for that period, because the loss fell on the employer, so the recoverable figure is the shortfall you actually carried.

Next step: ask your employer now for a written statement of absence dates and sick pay paid.

Is there a minimum or maximum amount?

A minimum applies and no general maximum does. Where the loss suffered comes to less than €500, no compensation is paid. Above that, vouched expenses and lost earnings are assessed on their own merits.

The €500 figure operates as a floor rather than as a deduction, so a total loss of €480 recovers nothing while a total loss of €520 is assessed in full02. Note that the floor is expressed in Paragraph 9 by reference to the compensation the Tribunal is satisfied should be awarded, so it is tested after the deductions have been applied[24]. One specific cap does exist. In fatal cases, the award for mental distress among dependants cannot currently exceed €35,000 in aggregate, which is a ceiling shared between them rather than a figure available to each0211.

Worth knowing: on the financial heads the size of an award tracks the size of the documented loss rather than the seriousness of the assault. Whether the pain and suffering head introduced on 27 July 2026 will be assessed on a tariff or some other scale depends on the Minister's guidance, which is not published01.

Next step: total your vouched losses before assuming the €500 floor is a problem, since travel and prescriptions add up faster than expected.

What documents do I need to prove my losses?

Original receipts and invoices for every expense, earnings evidence for every period of absence, and medical reports that connect the treatment and the absence to the injury.

Citizens Information describes the standard as vouched expenses "proven by original receipts"02, which is documentary rather than narrative. A complete bundle contains receipts and invoices in date order, pharmacy records, dated travel records matched to appointment dates, payslips or trading accounts, an employer letter, medical reports addressing treatment and prognosis, and a schedule that adds the figures up. Run each item through the Four-Head Recovery Check before you submit: vouch it, clear the €500 floor, head-match it, net it off.

Worth knowing: an expense paid in cash with no record is treated as an expense not incurred, so reconstructing paperwork early is more productive than explaining its absence later.

Next step: request duplicate receipts from pharmacies and clinics now, while the records are still easy for them to retrieve.

Does the Scheme cover future losses, or only what I have lost so far?

Both. Future loss is an ordinary part of the assessment where the effects of the injury have not resolved by the time the application is decided.

Citizens Information lists estimated future loss of earnings, estimated future medical expenses, estimated future expenses as a result of any disability suffered, and estimated future loss of earning potential among the categories available for long-term injuries02, and the Department's own description of the earnings head expressly reaches losses "into the future"11. Future loss is proved by medical evidence on prognosis and work capacity, supported where the figures justify it by an actuarial assessment11.

Worth knowing: Citizens Information names "future care or special equipment required" as examples of estimated future expenses arising from a disability, which is the heading a continuing care cost is presented under02.

Next step: ask the treating consultant to address prognosis and capacity for work explicitly in the report, not just treatment to date.

Can my award be reduced because of my own previous convictions?

Yes, and the provision goes further than most applicants expect. Compensation is not payable where the conduct, character or way of life of the victim makes an award inappropriate.

The High Court applied that provision in Cunningham Cummins & Anor v The Criminal Injuries Compensation Tribunal & Ors [2024] IEHC 143, holding that it barred the children of a man shot dead who had 27 previous convictions05. The test asks whether an award would be inappropriate rather than whether a record exists, so a conviction history is not automatically decisive, and the reported case involved a record connected to the circumstances of the death.

Worth knowing: the provision reaches dependants applying after a death, not only an injured applicant, which is the point the High Court decided05.

Next step: raise any history at the outset rather than in response to a query from the Tribunal.

Does the Scheme pay my solicitor's fees?

No. According to the Department of Justice, Home Affairs and Migration, "the Scheme makes no provision for awarding legal costs and consequently the Tribunal has never awarded legal costs to an applicant".

The absence of a costs award is a structural feature of the Scheme rather than a discretion exercised case by case11. Costs treatment is one of the clearest differences from a court claim. A losing party there can be ordered to pay the winner's costs, at the court's discretion. Under section 150 of the Legal Services Regulation Act 2015 a solicitor must, on receiving your instructions, give you a written notice setting out the legal costs or the basis on which they will be calculated; you do not have to ask for it.

In any matter involving personal injuries, section 149 of the Legal Services Regulation Act 2015 prohibits a legal practitioner from charging legal costs expressed as a specified percentage or proportion of any damages payable to a client, from setting counsel's fees as a specified proportion of other legal costs, and from deducting any amount from damages payable to a client without that client's prior written agreement.

Worth knowing: the Law Reform Commission's March 2026 recommendations include legal representation in appropriate situations, including complex cases or where the applicant is vulnerable, though recommendations carry no legal force until enacted10.

Next step: expect a written notice of legal charges under section 150 of the Legal Services Regulation Act 2015 when you give instructions, and ask for it if it does not arrive.

What if most of my loss is pain and suffering rather than money?

The Scheme now reaches that loss, since the amendment of 27 July 2026, but how much it pays is not yet published. The question is therefore whether another route reaches the same facts on better terms.

A personal injury claim against an identified defendant carries general damages for the injury itself, assessed under the Personal Injuries Guidelines09. Under the Scheme the same head is now available but is to be assessed "within guidance as issued by the Minister"01, and the Court of Justice has confirmed that a Member State is "not necessarily obliged to provide complete reparation"03 — so the two measures need not produce the same figure. Whether the civil route is available at all depends on there being a defendant who can be identified and who has means or insurance behind them, which is exactly what the Scheme does not require. The two are not mutually exclusive, but the Tribunal has to ensure the same injury is not compensated twice from a different source11, so sequencing matters.

Worth knowing: the amended Scheme published on 27 July 2026 makes arrangements for applications submitted before that date which have not been finalised, and transitional arrangements for late applications "per specified dates"01. Those dates are not stated in the Department's summary.

Next step: compare the two routes on the facts of your own case before starting either, using the civil claim route comparison.

Does the Scheme cover counselling or psychological injury?

Both, since 27 July 2026. The cost of treatment has always been recoverable where you paid for it and can vouch it; the psychological injury itself was excluded until the amendment of that date removed the pain and suffering exclusion.

In one published decision, decided before the amendment, the Tribunal allowed counselling fees of €2,030 as part of a €4,150 award while recording that "it is not within the remit of the Tribunal to award compensation for pain and suffering"21. That limitation has gone. The Scheme does not define "injury" by reference to physical or psychological harm16, and neither the Department's guidance nor Citizens Information — both written before the amendment — lists psychological injury among the covered heads1102.

Worth knowing: counselling provided free through the HSE or a support service generates no receipt and therefore no claimable expense, which is the same difficulty that arises with unpaid family care.

Next step: keep every invoice from a counsellor, psychotherapist or psychologist, and ask for a short report linking the condition to the incident.

Will I have to pay tax on a Criminal Injuries Compensation award?

Revenue lists Criminal Injuries Compensation Tribunal payments among personal injury compensation payments on which you may not have to pay tax. The award is a capital sum compensating loss rather than income.

Section 613(1)(c) of the Taxes Consolidation Act 1997 provides that a sum obtained by way of compensation or damages for a wrong or injury to the person is not a chargeable gain30, and Revenue's guidance on personal injury compensation payments names this Tribunal expressly29. Income later earned by investing the award is taxable in the ordinary way, unless the narrow exemption in section 189 applies to a person permanently and totally incapacitated from maintaining themselves31.

Worth knowing: this is general information rather than tax advice, and the treatment of your own award should be confirmed with Revenue or an accountant.

Next step: if a large award is expected, take tax advice before it is received rather than after.

Can I claim if someone deliberately drove a car at me?

Yes, if the Tribunal is satisfied there was a deliberate attempt to run you down. Injuries from ordinary traffic offences are excluded from the Scheme however serious they are.

Paragraph 11 of the Scheme provides that "no compensation will be payable in respect of injuries inflicted in a traffic offence except in a case where there has been, in the opinion of the Tribunal, a deliberate attempt to run down the victim"17. Citizens Information states the same rule02. The distinction is intention rather than severity, so a dangerous driving injury falls outside the Scheme while a vehicle used as a weapon falls inside it.

Worth knowing: how the Garda investigation characterises the incident usually determines which side of that line the Tribunal starts from.

Next step: obtain the Garda report reference and any charge or prosecution detail, since the characterisation of the driving is the whole question.

Can I claim if the person who assaulted me lived in my home?

Yes. The exclusion that used to bar this was deleted in 2021, so an assault by a member of the same household is now assessed on the same heads as any other violent crime.

The Scheme formerly provided that "no compensation will be payable where the offender and the victim were living together as members of the same household at the time the injuries were inflicted"28. The reforms announced on 20 April 2021 removed that paragraph27. Older guides describing a household bar are describing a rule that no longer exists, though an application concerning an incident well before the revision may meet the version then in force.

Worth knowing: the entry conditions still apply, including reporting to An Garda Síochána, and those are dealt with under who can apply.

Next step: if you were told years ago that you could not apply because you lived with the offender, that advice may no longer be correct.

My injury happened many years ago. Does the pain and suffering exclusion still apply?

The exclusion was removed altogether on 27 July 2026. Before that, it applied only "in so far as injuries sustained on or after 1 January, 2006 are concerned", so an older injury was never caught by its words.

The Tribunal has awarded general damages on that basis. In a historic abuse application it held that because the incidents occurred before the relevant change to the Scheme, it was "in a position … to recognise the Applicant's pain and suffering, and to compensate her by way of general damages for same", awarding €25,000 plus €810 in counselling fees22. The case law referring to 1 April 1986 concerns the earlier Scheme text, which applied to the applications before those courts0314.

Worth knowing: the time limit is a separate and serious obstacle for an old injury, and is dealt with under time limits in Ireland. The amended Scheme makes transitional arrangements for late applications "per specified dates", which may matter here01.

Next step: take advice on the date of the injury and the date of any existing application, since both may bear on which version of the Scheme is applied to your file.

Is the award paid in one lump sum, and can I get money before the claim finishes?

One lump sum, and yes in one situation. Paragraph 8 allows an interim award where the final medical assessment of the injury is delayed.

The Scheme provides that "compensation will be by way of a lump sum payment, rather than a periodical pension, but it will be open to the Tribunal to make an interim award and to postpone making a final award in a case in which a final medical assessment of the injury is delayed"19. In the decision quoted, the Tribunal made an interim award of €30,000 and recorded that it would be deducted from any final award19. Where the applicant is under 18, the Tribunal may invest the money until they reach adulthood02.

Worth knowing: the trigger is unresolved prognosis, not financial hardship, so an interim award is not a hardship payment.

Next step: where prognosis is genuinely open, ask the treating consultant to say so expressly in the report.

Does the Scheme pay extra because the attack was deliberate or degrading?

No. Paragraph 6(a) excludes compensation "by way of exemplary, vindictive or aggravated damages", so there is no uplift for the nature of the attacker's conduct.

That is one of four exclusions in Paragraph 6 that have nothing to do with pain and suffering. The others rule out the maintenance of a child born to a victim of a sexual offence, loss or diminution of expectation of life, and any claim for the benefit of a deceased victim's estate16. Where aggravated damages are available at all, it is in a civil action rather than under the Scheme.

Worth knowing: a compensation order made by a criminal court on conviction is measured by what the injured party would recover in a civil action, which is a wider measure than the Scheme applies32.

Next step: if the offender was convicted, ask whether a compensation order was or could be sought in the criminal proceedings.

How much compensation will I get?

On the financial heads, there is no answer that does not depend on your receipts: the size of an award tracks the size of the documented loss rather than the seriousness of the assault. On the pain and suffering head introduced on 27 July 2026, no figure can be given until the Minister issues guidance.

Published Tribunal decisions in the same period range from €245.3325 to €73,67116. The Tribunal awarded €10 million to 203 applicants under the general scheme in 2024, an average of €49,335 per award37, but that mean is pulled up by a small number of large future-loss cases and no median is published. The only figure that means anything for your own case is the total of your vouched losses, less deductions, tested against the €500 floor.

Worth knowing: the figures quoted above are all from decisions made before 27 July 2026, when the value of the injury itself was absent from a Scheme award. They are a guide to how the financial heads are built, not to what a Scheme award is worth now.

Next step: total your own vouched figures using the Four-Head Recovery Check above rather than reasoning from an average.

Can I claim medical expenses if I have a medical card and paid nothing?

No. The measure is vouched out-of-pocket expense, so a cost you did not pay is not a loss you can recover, however much treatment you received.

Where the Health Service Executive or a medical card has already met your medical or prescription costs, those costs cannot be recovered again, according to the Department of Justice, Home Affairs and Migration11. This is one of the most frequent reasons a genuine applicant recovers far less than expected, and it has nothing to do with the merits of the application.

Worth knowing: the shortfall you actually met is still recoverable. Prescription charges you paid, travel to appointments, and any treatment taken privately are all vouchable even where the main course of treatment was State-funded.

Next step: collect the small receipts. Travel and prescription charges are the heads medical card holders most often overlook, and they are what carry such an application over the €500 floor.

What if I was the victim of a crime abroad?

The Irish Scheme does not cover it. The injury "must have been sustained within the State or aboard an Irish ship or aircraft", so where the crime happened elsewhere the Tribunal is not the body that pays.

That wording is in Paragraph 1 of the Scheme16. Where the crime happened in another EU member state, the Tribunal acts as an assisting authority under Council Directive 2004/80/EC: it forwards the application, which "will be processed by the appropriate authority in the state where the incident occurred, in accordance with the compensation provisions in that state"36. What is covered, and how much is paid, is then a question for that state's scheme rather than this one.

Worth knowing: residence is not the test. An Irish resident injured abroad falls outside the Scheme, and a visitor injured in Ireland falls inside it11.

Next step: if the crime happened in another EU state, contact the Tribunal about the cross-border procedure rather than making an ordinary application.

Does the Scheme pay for property stolen or damaged in the attack?

No. The Scheme "covers personal injury only and makes no provision for compensation in respect of stolen or damaged property", so a phone taken in a robbery or a coat destroyed in an assault is outside it entirely.

That is Citizens Information's statement of the position02. One near-exception is worth knowing: replacement spectacles are claimable, because they are treated as part of the personal injury rather than as property11. Clothing, phones, jewellery and cash are not.

Worth knowing: a compensation order in the criminal court can reach property. Where the offender was convicted, loss from property damaged while out of your possession is treated as resulting from the offence under section 6(3) of the Criminal Justice Act 199332 — which is the one route that reaches what the Scheme does not cover here.

Next step: if property was taken or destroyed and there was a conviction, ask whether a compensation order was sought.

Deciding what to do next

Should I wait for the Minister's guidance before applying?

No. The amended Scheme has been in force since 27 July 2026, and no published source states when the guidance setting award amounts will appear, so waiting means waiting without a date. Time limits run on their own timetable regardless: the ordinary application period is three months from the incident, and later applications up to two years are considered only where the Tribunal is satisfied the circumstances justify it11. The amended Scheme also makes transitional arrangements for late applications "per specified dates", which is a reason to move sooner rather than later01. Establish which deadline applies to your own incident before treating the guidance as a reason to hold off; the position is set out under time limits in Ireland.

Does it matter whether the offender was ever caught or convicted?

A conviction is not a precondition for an award. The Scheme does not require the attacker to be identified, prosecuted or convicted, which is one of its practical advantages over a court claim, where an unidentified or insolvent defendant ends the matter. Reporting the incident to the Gardaí and cooperating with the investigation are separate conditions that do matter to an application, and those entry requirements are dealt with under who can apply in Ireland.

What if the assault happened at work?

Two routes can run alongside each other on the same facts. A Scheme application asks what the injury cost you in money, while a claim arising out of the employment asks whether the employer's system of work, training or security was adequate. The same injury, examined through two different questions, produces two different assessments, and the Tribunal's duty to avoid double compensation polices the overlap11. The employment side is covered under violence and assault at work.

Working out which route, or which combination of routes, produces compensation for injury in Ireland on your particular facts is a decision best taken before either one is started. Personal injury solicitors in Dublin who handle both the Scheme and civil actions can assess the sequencing, the deadlines and the evidence in a single review.

What on this page changes, and where to re-check it

Some facts on this page are stable and some are volatile. The table below separates them, so that a reader returning in six months knows which lines to distrust and where to verify them.

Table 12. Which facts on this page are liable to change, and where to re-check each one
FactStated positionVolatilityWhere to re-check
Pain and suffering, non-fatal casesPayable since 27 July 2026; the amount turns on unpublished ministerial guidanceHigh. The guidance has not been issued, and the amended Scheme document was not yet on the Department's subordinate Scheme pages when this page was checkedThe Department's Scheme pages01
Minimum award€500Low, but it has changed before24, and the amended Scheme has not been read against itThe Department's Scheme pages01
Mental distress ceiling, fatal cases€35,000 in aggregateMedium. Set by statutory instrument under section 49(1A) of the Civil Liability Act 196116Irish Statute Book08
Paragraph numbers used on this pageCurrent numbering, post-2021Medium. They were renumbered once alreadyThe Tribunal's decisions collection headings15
Award and application figuresAnnual Report 2024Annual. No Annual Report 2025 published as at 27 July 2026gov.ie Tribunal annual reports12
Tax treatmentListed by Revenue among qualifying personal injury compensation paymentsMedium. Revenue guidance is periodically revised, and the amendment may change the character of part of an awardRevenue's personal injury compensation payments page29
Replacement of the Tribunal by a statutory bodyRecommended, not enactedMedium. Depends on a draft Bill progressingLaw Reform Commission04 and the Oireachtas
Heads of loss and exclusions in Paragraph 6Quoted as the paragraph stood before 27 July 2026High for 6(e), which was removed. Low for the other four exclusionsThe amended Scheme document01

Information on this page was checked against the sources listed below on , the day the amended Scheme was published. The Department's subordinate Scheme pages still carried the superseded pre-amendment text on that date, and the Minister's guidance on award amounts had not been issued, so the position should be re-checked against the Department's published Scheme pages01 before an application is made or any figure on this page is relied on.

Related pages on the Criminal Injuries Compensation Scheme

References

  1. Official guidance Department of Justice, Home Affairs and Migration. Terms and Conditions of the Scheme. gov.ie, updated 3 July 2026.
  2. Official guidance Citizens Information. Compensation for victims of crime. Page edited 11 April 2025.
  3. Case law Court of Justice of the European Union. Case C-284/24, LD v Criminal Injuries Compensation Tribunal and Others, judgment of 2 October 2025. EUR-Lex.
  4. Law reform report Law Reform Commission. Compensating Victims of Crime (LRC 130), published 23 March 2026 with a draft Compensation for Victims of Crimes of Violence Bill 2026. The draft Bill had not been introduced in the Oireachtas as at 27 July 2026.
  5. Case law Cunningham Cummins & anor v The Criminal Injuries Compensation Tribunal & ors [2024] IEHC 143, High Court, Ms Justice Mary Rose Gearty, judgment delivered 23 February 2024. Courts Service of Ireland. Reported by Irish Legal News, 19 March 2024.
  6. Official guidance Department of Social Protection. Operational Guidelines: Recovery of Benefits and Assistance (RBA) Scheme. gov.ie, updated 23 January 2025.
  7. Professional body Law Society Gazette. €10 million paid out to crime victims last year, 26 September 2025, reporting the Criminal Injuries Compensation Tribunal Annual Report 2024.
  8. Legislation Civil Liability Act 1961. Irish Statute Book.
  9. Official guidance Judicial Council. Personal Injuries Guidelines. Adopted 6 March 2021 and effective from April 2021 on commencement of the relevant Judicial Council Act 2019 provisions. The 2021 Guidelines remain the operative version: the Personal Injuries Guidelines Committee’s draft amendments, submitted to the Minister on 4 February 2025, were not brought to the Oireachtas for approval and have no force of law.
  10. Professional body Law Society Gazette. LRC proposes overhaul of victim compensation scheme, 24 March 2026.
  11. Official guidance Department of Justice, Home Affairs and Migration. Criminal Injuries Compensation Scheme: Your Questions Answered. gov.ie, updated 3 July 2026.
  12. Legal news Irish Legal News. Significant increase in applications for criminal injuries compensation, 26 September 2025.
  13. Legal news Irish Legal News. CJEU: EU law precludes criminal injuries compensation schemes which do not cover 'pain and suffering', 3 October 2025.
  14. Case law Blanco v Criminal Injuries Compensation Tribunal & Ors [2024] IEHC 171, High Court, Ms Justice Emily Egan, 22 March 2024. The applicant's out-of-pocket award was €645.65, and the High Court referred five questions to the Court of Justice on the pain and suffering exclusion. The Court of Justice records the order of reference as made on 12 April 2024 and received on 23 April 2024[03]. Full text is hosted by europeanrights.eu; the judgment is not currently published at a stable courts.ie address.
  15. Official guidance Criminal Injuries Compensation Tribunal. Decisions by the Criminal Injuries Compensation Tribunal. gov.ie. The collection's own section headings give the current and pre-2021 paragraph numbers, for example "Paragraph 13 (previously 14): Victim's conduct, character or way of life".
  16. Tribunal decision Criminal Injuries Compensation Tribunal. Decision 53823, 26 July 2024. gov.ie. Quotes Paragraph 1 and Paragraph 6 of the Scheme in full; total award €73,671.
  17. Tribunal decision Criminal Injuries Compensation Tribunal. Decision 54815, 22 April 2022. gov.ie. Quotes Paragraph 11 on injuries inflicted in a traffic offence.
  18. Tribunal decision Criminal Injuries Compensation Tribunal. Decision 50949, 3 October 2022. gov.ie. Quotes Paragraph 5 on compensation available from another source; nil award where a High Court settlement covered the same special damages.
  19. Tribunal decision Criminal Injuries Compensation Tribunal. Decision 54644, 7 May 2022. gov.ie. Quotes Paragraph 8 on lump sum payment and interim awards; interim award of €30,000.
  20. Tribunal decision Criminal Injuries Compensation Tribunal. Decision 52615, 23 July 2022. gov.ie. Quotes Paragraphs 14 and 15 on social welfare, sick pay and compensation from the offender; no award after deductions.
  21. Tribunal decision Criminal Injuries Compensation Tribunal. Decision 53693, 20 January 2024. gov.ie. Counselling fees of €2,030 allowed as vouched expenses within a total award of €4,150.
  22. Tribunal decision Criminal Injuries Compensation Tribunal. Decision 10570, 16 August 2022. gov.ie. General damages of €25,000 for psychological injury, plus €810 counselling, where the incidents predated the change to the Scheme.
  23. Tribunal decision Criminal Injuries Compensation Tribunal. Decision 53821, 17 May 2022. gov.ie. Loss of earnings of €9,329.23 less illness and disablement benefit of €4,208.50, producing €5,120.73.
  24. Tribunal decision Criminal Injuries Compensation Tribunal. Decision 50982, 11 May 2022. gov.ie. Quotes Paragraph 9 and records the minimum award history from £50 to €250; award extinguished by €250 paid by the assailant's father.
  25. Tribunal decision Criminal Injuries Compensation Tribunal. Decision 52909, 24 February 2024. gov.ie. Award of €245.33 in vouched expenses, with psychological injury acknowledged but not compensable.
  26. Tribunal decision Criminal Injuries Compensation Tribunal. Instruction 4: Report costs incurred at the request or direction of Tribunal, 1 July 2021. gov.ie. Made under Paragraph 19 of the Scheme.
  27. Official guidance Department of Justice, Home Affairs and Migration. Minister McEntee announces reforms to the Criminal Injuries Compensation Scheme, 20 April 2021. gov.ie. Records the removal of Paragraph 10, the increase of the minimum award to €500, and the explicit solatium provision.
  28. Tribunal decision Criminal Injuries Compensation Tribunal. Decision 53928, 4 September 2023. gov.ie. Quotes the former Paragraph 10 same-household exclusion.
  29. Official guidance Revenue Commissioners. Personal injury compensation payments. revenue.ie, published 27 May 2026. Lists Criminal Injuries Compensation Tribunal payments among qualifying payments.
  30. Legislation Taxes Consolidation Act 1997, section 613. Irish Statute Book. Section 613(1)(c) excludes compensation or damages for a wrong or injury to the person from chargeable gains.
  31. Official guidance Revenue Commissioners. Tax and Duty Manual Part 07-01-02: Compensation Payments in respect of Personal Injuries (Exemption of Investment Income), updated October 2025, on sections 189 and 189A, Taxes Consolidation Act 1997.
  32. Legislation Criminal Justice Act 1993, section 6 (compensation orders) and section 9 (effect of a compensation order on civil proceedings). Irish Statute Book.
  33. Legislation Garda Síochána (Compensation) Act 2022, section 23. Irish Statute Book. Section 23(4)(a) requires regard to the personal injuries guidelines adopted and published by the Judicial Council; section 23(4)(d) requires regard to "the pain and suffering occasioned by the injuries to the claimant". The Act (No. 33 of 2022) was commenced on 10 April 2023 by S.I. No. 163 of 2023.
  34. Law reform report Law Reform Commission. Consultation Paper: Compensating Victims of Crime, LRC CP 67-2022. Records that the prison officers scheme "operates on different terms and compensates prison officers only".
  35. Official guidance European e-Justice Portal. If my claim is to be considered in this country – Ireland. Page maintained by the Criminal Injuries Compensation Tribunal, last updated 29 July 2024. Records the €500 minimum, that there is currently no maximum level of award, and the availability of interim awards.
  36. Official guidance Criminal Injuries Compensation Tribunal. Access to compensation in cross-border cases. gov.ie, on Council Directive 2004/80/EC.
  37. News report Irish Examiner. Report of the Criminal Injuries Compensation Tribunal Annual Report 2024, 29 September 2025. Gives an average of €49,335 per general scheme award, up from €27,838 in 2023, and €31,310 per prison officers scheme award.
  38. Tribunal decision Criminal Injuries Compensation Tribunal. Decision 53979, 13 September 2023. gov.ie. Quotes the provocation and part-responsibility provision, Paragraph 12 under the current numbering.
  39. Tribunal decision Criminal Injuries Compensation Tribunal. Decision F/53765, 28 February 2023, and Decision F/53762, 13 February 2024. gov.ie. Fatal awards showing apportionment of the mental distress figure, a 50 per cent reduction, a funeral account discharged by a third party and therefore not awarded, a sum held in trust for a minor, and the footnoted basis in section 49(1A) of the Civil Liability Act 1961 and S.I. No. 6 of 2014.
  40. Tribunal decision Criminal Injuries Compensation Tribunal. Decision 53698, 28 January 2024. gov.ie. Application refused where the Tribunal was not satisfied on the evidence that an injury had been sustained.
  41. Tribunal decision Criminal Injuries Compensation Tribunal. Instruction 1: Three month deadline for acceptance of Tribunal decision, 10 December 2020. gov.ie. Sets a three-month period, running from the date of the Tribunal's letter communicating the decision, for accepting or appealing a first-instance decision, after which the file is closed and archived. The Tribunal "may extend these deadlines for acceptance in exceptional circumstances", which "must have been communicated to the Tribunal in writing when they first arose". Issued under Paragraph 20, renumbered Paragraph 19 on 20 April 2021.
  42. News report Mary Carolan. Violent crime victims to receive increased State compensation after European court ruling. The Irish Times, 20 February 2026. Reports that the applicant who received €645 from the Tribunal settled with the State for approximately €60,000.
  43. News report Mary Carolan. Crime victims sue State for damages amid delay in introducing new compensation scheme. The Irish Times, 3 April 2026. Reports seven High Court actions against the Tribunal, the Minister for Justice, Ireland and the Attorney General.
  44. Legislation Law Reform Commission. Civil Liability Act 1961, section 49 (Revised Acts), and Law Society of Ireland, Increase in limit for solatium. The maximum is set by section 49(1)(b); S.I. No. 6 of 2014 raised it from €25,394.76 to €35,000 for deaths occurring on or after 11 January 2014.
  45. Official guidance Criminal Injuries Compensation Tribunal. Annual Report 2024. gov.ie, published 26 September 2025. The primary source for the 2024 award and application figures reported second-hand elsewhere on this page.
  46. Tribunal decision Criminal Injuries Compensation Tribunal. Decision 51760, 16 August 2022. gov.ie. Confirms that current Paragraph 22 is the Garda-reporting provision and that current Paragraph 20 was formerly Paragraph 21. The gov.ie decisions collection gives no pre-2021 number for Paragraph 22, so none is stated on this page.

Legal costs. Section 149 of the Legal Services Regulation Act 2015 prohibits a legal practitioner from charging legal costs as a specified percentage or proportion of damages payable to a client, from setting counsel's fees as a specified proportion of other legal costs, and from deducting any amount from a client's damages without that client's prior written agreement. This firm does not charge on any such basis. Under section 150 of the same Act you are entitled to a written notice of legal costs when you give instructions.

The Scheme itself is published by the Department as a downloadable document rather than as a web page. Scheme wording quoted on this page is taken from the Tribunal's own published decisions, which reproduce Scheme paragraphs verbatim. Where a paragraph number or figure is decisive to an application, it should be confirmed against the current Scheme document.

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Medical negligence solicitors, Dublin

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