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

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This is the original version (as it was originally enacted).

25Eligibility to apply for a next of kin payment: exceptional circumstances

This section has no associated Explanatory Notes

(1)A person may apply for permission to apply for a next of kin payment due to exceptional circumstances where—

(a)the person is the specified next of kin of someone who died (“the deceased person”),

(b)the deceased person had applied for, and been offered, a fixed rate payment or an individually assessed payment but the offer was not accepted during the period it was valid and the deceased person subsequently died, and

(c)if the application was for an individually assessed payment, the deceased person had not previously been paid a fixed rate payment.

(2)An application under subsection (1) must—

(a)be made to the Scottish Ministers,

(b)be made in such form, if any, as Ministers require,

(c)specify the exceptional circumstances due to which permission is being sought, and

(d)contain or be accompanied by any information the applicant considers relevant.

(3)The Scottish Ministers must, as soon as reasonably practicable after receiving an application under subsection (1), provide the application, and any information accompanying it, to Redress Scotland.

(4)The Scottish Ministers must publicise any requirements which are for the time being set under subsection (2)(b).

(5)An application under subsection (1) is to be determined on behalf of Redress Scotland by a panel of at least 2 members of Redress Scotland appointed by the chairing member.

(6)The procedure for determining an application under subsection (1) is to be determined by Redress Scotland.

(7)The panel appointed under subsection (5) to determine the application may grant the applicant permission to apply for a next of kin payment only where it considers that there are exceptional circumstances which merit it.

(8)Once the panel has determined whether or not to grant the applicant permission to apply for a next of kin payment due to exceptional circumstances, Redress Scotland must inform the Scottish Ministers who must, as soon as reasonably practicable—

(a)notify the applicant of the determination, and

(b)provide the applicant with a summary, provided by Redress Scotland, of the panel’s reasons for reaching that determination.

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