Detailed Provisions
Part 4: Financial redress: redress payments
Chapter 5: Redress payments or determinations made in error
Section 78: Power to make further provision about reconsiderations
232.This section provides that regulations (subject to the affirmative procedure) may be made in respect of reconsideration of determinations under section 75 and reviews of reconsidered determinations under section 76.
233.Subsection (2) sets out a non-exhaustive list of some examples of provision that may be made by these regulations. For example, it might be appropriate for provision to be made setting aside a waiver in the event that the redress payment to which it relates is reduced to nil by a reconsideration; or it may be appropriate for provision to be made for the recovery of fees for legal work or other costs and expenses relating to a reconsideration which are paid due to an error. It might also be appropriate for the rule in section 75(5)(b) to be modified slightly. While in most cases a reconsideration panel ought to be considering what determination would have been reached had the error not been made, that may not always be appropriate. If the error in the original determination was a result of fraud and the applicant has since been convicted of a serious criminal conviction to which section 60 applies, it might be appropriate for the panel to be allowed to take account of that conviction. Although the examples in this subsection relate to the initial determination of the reconsideration panel, the power could also be exercised in relation to any reviews of a reconsideration panel’s determination, as subsection (1) expressly covers both aspects.
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