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Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021

Provision of support

Section 89: Provision of support to persons in connection with an application

257.This section provides that the Scottish Ministers may arrange to provide support to applicants to the redress scheme and to those who are in the process of preparing or considering an application to the redress scheme. Support in this section means emotional, psychological or practical support which the Scottish Ministers consider necessary for a person in connection with deciding to apply or making an application.

Section 90: Provision of support to certain persons eligible for a payment etc.

258.This section provides that the Scottish Ministers may arrange to provide support to persons who meet the conditions set out in subsection (2), subsection (3), or subsection (4).

259.A person meets the conditions set out in subsection (2) if their application is not for a next of kin payment, they have been assessed as being eligible for a redress payment, and they have either accepted an offer of payment and signed a waiver, or are not receiving a payment only because of the deduction of previous relevant payments.

260.A person meets the conditions set out in subsection (3) if their application is not for a next of kin payment, they have been precluded from being offered a payment under section 60 (which relates to serious unspent criminal convictions), and Redress Scotland determines that they would have been eligible for a redress payment had it not been for the conviction.

261.A person meets the conditions set out in subsection (4) if they have previously received a payment under the advance payment scheme.

262.Subsection (5) defines support under this section as emotional or psychological support in connection with the abuse to which the application relates as the Scottish Ministers consider necessary given the person’s needs, and for such period as they consider appropriate.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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