Section 30: Cases where more than one application permitted
78.This section explains that in certain circumstances more than one application to the redress scheme is permitted.
79.Subsection (2) allows for an individually assessed application to be submitted where the person previously successfully applied for a fixed rate payment. This is, however, subject to the rule in section 39(3)(a) which ensures that any fixed rate payment which was previously paid is taken into account in determining the subsequent application for an individually assessed payment.
80.Subsection (3) allows a person to make a further application to Redress Scotland for an individually assessed payment. This is allowed where a previous application for such a payment resulted in the person accepting a payment below the maximum level of payment available under the scheme (level 5, £100,000), and where Redress Scotland is satisfied that a further application is justified on particular grounds (although existence of a ground alone does not guarantee that Redress Scotland will be satisfied that a further application is justified; Redress Scotland might not be so satisfied if it is clear that the level of redress payment would nonetheless remain the same under section 39(4)). The grounds on which a further application may be justified are that either:
there is new evidence which the person had a reasonable excuse for not providing at the time of the previous application (for example, because new records have come to light since the initial determination was made), or
regulations under section 20(4) of the Act have changed the eligibility criteria of the redress scheme (for example, where a residential institution at which an applicant had been abused and which was not covered by the scheme at the point of the initial determination then comes within the scope of the scheme as a consequence of regulations being made under section 20(4) to expand the definition of “residential institution”).
81.The further application will be determined by Redress Scotland under the provisions of the Act for determining applications, taking into account the new evidence or change in eligibility criteria reflected in the further application. This may result in an offer of a redress payment being made at a higher level than under the previous determination, although that will depend on the individual circumstances. Any redress payment which was previously paid under the first application is taken into account in determining the subsequent application and is deducted from any new offer (see section 39(3)(b)).
82.Subsection (4) states that a next of kin application may be made by a person where a deceased person previously applied for a fixed rate payment or an individually assessed redress payment and the circumstances allow the person to apply for a next of kin payment under section 24(1). The circumstances are set out in more detail in paragraphs 50 to 57 of these Notes but such an application is only permitted where the deceased person’s application did not result in a redress payment being made.
83.Subsection (5) allows a further next of kin application to be made by another child of the deceased for a proportion of the next of kin payment in order to ensure that separate applications by children can be accommodated.
84.Subsection (6) allows for an application to be made where an application has been withdrawn under section 33 and the application is for a type of redress payment that the person would have been able to apply for had the withdrawn application not been made. For example, someone who withdrew an application for an individually assessed payment could submit another application of that type. However, whether they could apply for a fixed rate payment would depend upon whether they had already previously made and persisted with an application for that. It would also not allow them to make an application for a next of kin payment in respect of someone else unless that was something they would always have been eligible to apply for.
85.Subsection (7) allows for a redress payment to be made where an application for a payment has previously resulted in a determination under section 60 that the person was precluded from being offered a redress payment and where an appeal in respect of a conviction or sentence means that section 60 no longer applies to the application.
86.Subsection (8) allows for an application to be made where an application previously ended without a person receiving a redress payment, but Redress Scotland is satisfied that special circumstances exist which justify allowing the application to be made. This provision would, for example, be capable of covering a case where someone was previously determined to be ineligible for a redress payment or precluded from being offered such a payment, or where they simply chose not to accept the redress payment which was previously offered to them. It would also cover where they had applied for an individually assessed payment but received nothing because they had already previously received a fixed rate payment under an application for one and the determination was that the payment of a further sum was not appropriate.
87.Subsection (9) states that special circumstances may include the person’s individual circumstances or the availability of new evidence (provided there was a good reason why that evidence was not provided in the original application), or regulations under section 20(4) having altered eligibility to apply for a redress payment.
