Detailed Provisions
Part 4: Financial redress: redress payments
Chapter 4: Death of applicant
Section 71: Invitation to nominated beneficiary to take over application
201.This section provides for what is to happen where an applicant for a redress payment dies in the course of their application and a nominated beneficiary is to be invited to take over the application under section 66.
202.Once a nominated beneficiary is to be invited to take over the application, the Scottish Ministers must notify them of the invitation and provide them information about the effect of doing so. Paragraph 60 of these Notes applies equally to the form of notice of an invitation under this section.
203.Subsection (3) provides the nominated beneficiary with a period of eight weeks to accept the invitation by giving notice in writing to the Scottish Ministers (and in relation to “writing”, see paragraph 60 of these Notes). Where the application is incomplete and further information is required before the application can be determined (see section 66(3)), the nominated beneficiary must provide any remaining information which is required from them within eight weeks. If the nominated beneficiary does these things within the eight week period, they take over the application.
204.Once the nominated beneficiary has (within the permitted timescale) accepted the invitation to take over the application, the Scottish Ministers must inform Redress Scotland of that as soon as reasonably practicable. In addition, in a case where the nominated beneficiary also has to provide any remaining information required from them within the permitted timescale, the Scottish Ministers must also pass on any information that has been provided, as soon as it is reasonably practicable to do so.
205.Subsection (5) provides that, should the nominated beneficiary not take all of the actions set out in subsection (3) (where applicable) within the period specified, the application will be treated as being brought to an end.
206.A nominated beneficiary must provide the Scottish Ministers with evidence in relation to the death of the applicant and the nominated beneficiary’s identity should it be requested (subsection (7)).
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