23 April 2021
207.This section sets out what happens where an applicant for a redress payment dies in the course of their application and the application is then taken over by a nominated beneficiary.
208.Where a nominated beneficiary takes over the application, the application and any review thereof will continue to be determined. It will be determined on the basis of the eligibility of the applicant. Consideration of any relevant payments to be deducted and the question of whether a fixed rate payment was previously paid or, in the case of an application made by virtue of section 30(3), an individually assessed payment was previously paid, will be based on whether it has been paid to the applicant or their estate. However, the nominated beneficiary is otherwise to step into the applicant’s shoes in relation to the application.
209.Subject to certain exceptions, the nominated beneficiary is therefore to be offered any redress payment which the applicant would have been offered if alive (subject to the nominated beneficiary not having any serious criminal convictions which preclude such a payment). The nominated beneficiary may also do anything in respect of determination of the application that the applicant would have been able to do. Requirements placed on applicants in relation to applications are also imposed on the beneficiary.
210.The exceptions to this general approach are set out in subsection (3) of this section—
the nominated beneficiary is not to be treated as having applied for a redress payment for the purpose of Part 3 (Eligibility and key concepts), meaning that if the nominated beneficiary dies having been offered a payment, their next of kin cannot seek permission to apply for a next of kin payment under section 25;
where a waiver was previously signed by the applicant in respect of a fixed rate payment or, in the case of an application made by virtue of section 30(3), an individually assessed payment, a new waiver in respect of any further payment will need to be signed by the nominated beneficiary even if the contributor list has not changed in the meantime, as the applicant’s previous waiver does not waive the nominated beneficiary’s rights;
the nominated beneficiary may neither nominate a further beneficiary, nor apply for emotional or psychological support (see section 90).
211.Where a nominated beneficiary takes over an application following the determination of the application (or following a determination of a review of the application), subsection (4) ensures that any serious unspent criminal convictions of the nominated beneficiary are considered. Section 60 applies such that a panel must, as soon as reasonably practicable after the nominated beneficiary takes over the application, consider the effect of any serious previous conviction as set out in that section and make a determination as to whether the nominated beneficiary is precluded from receiving the redress payment as a result.
212.Where the nominated beneficiary takes over an application before the application (or a review of it) has been determined, section 60 will operate without any modifications in order to take account of any serious unspent criminal convictions of the nominated beneficiary (in addition to those of the now deceased applicant).