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Criminal Injuries (Compensation) (Northern Ireland) Order 1988

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Ancillary provisions as to payments

13.—(1) The Secretary of State may, if he thinks fit, make one or more payments on account of the compensation payable but, subject to that, compensation shall be a lump sum.

(2) Where on an application under Article 4 the Secretary of State pays compensation to any person, the Secretary of State shall also pay to that person, in respect of the costs and expenses incurred by him in making out and verifying his claim to compensation, such sum as is reasonable having regard to the circumstances and references to compensation in paragraphs (1) and (3) and Articles 17 to 21 shall be construed as including references to any such sum.

(3) Compensation may be paid on such terms and conditions as the Secretary of State thinks fit as to the payment, disposal, allotment or apportionment of the compensation to the victim or his relatives, or any of them, or to any other person.

(4) The Secretary of State shall be deemed to be a government department for the purposes of the [1971 c. 30] Payments for Debt (Emergency Provisions) Act (Northern Ireland) 1971 as respects any compensation payable under this Order; and in the application of section 1 of that Act by virtue of this paragraph, the reference in subsection (1) of that section to the Department of Finance and Personnel shall be omitted.

(5) Where—

(a)the Secretary of State determines the amount of compensation payable on an application under Article 4;

(b)none of that compensation is payable to any person who at the date of the determination is a person under a disability; and

(c)the applicant notifies the Secretary of State that he and all other persons to whom that compensation or any part of it is payable wish to accept the amount of compensation so determined in full satisfaction of the claim for compensation,

the applicant shall, as a condition of the payment of such compensation by the Secretary of State, sign a discharge in the prescribed form and, on such signing, the determination of the Secretary of State shall become in all respects final and binding.

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