PART 4

Financial redress: redress payments
CHAPTER 5

Redress payments or determinations made in error

Outcome of a section 76 review
77
1
On a review under section 76, the review panel appointed under section 55 to conduct it must consider—
a
whether the reconsideration panel which determined, under section 75, whether the original determination was materially affected by error and, if so, how it ought to be re-determined ought to have reached a different determination, and
b
in a case where additional evidence is provided to or obtained by the review panel, whether the application ought to be determined differently as a result.
2
The review panel may not—
a
reverse or vary a determination under section 75 that a person remains eligible for a redress payment,
b
determine that a person is to be entitled to or, as the case may be, offered a lower amount by way of an individually assessed payment than the person was entitled to or offered under section 75, or
c
determine that more is to be deducted in accordance with section 42 from the person’s redress payment than was determined under section 75.
3
But the review panel may otherwise uphold, reverse or vary any part of the determination (whether the request for a review relates to that part of it or not).
4
Subsections (4) and (7) of section 36 apply to a determination as upheld, reversed or varied as they apply to a determination made under section 36, subject to the modification that references to the panel appointed under section 35 to determine the application are to be read as references to the review panel.
5
Once the review panel has conducted the review, Redress Scotland must inform the Scottish Ministers who must, as soon as reasonably practicable—
a
notify the person who requested it of the review panel’s determination, and
b
provide the person with a summary, provided by Redress Scotland, of the review panel’s reasons for reaching that determination.
6
The determination of the review panel under this section is final.
7
For the avoidance of doubt, subsection (6) does not prevent the determination of the review panel being the subject of a referral under section 75 provided that the referral relates to a different error from the one which previously led to the review.