Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021

37 Assessment of amount of redress payment

(1) Where a panel is appointed under section 35 to determine an application for a redress payment, the amount of the redress payment (if any) to be offered in respect of the application is to be determined in accordance with this section.

(2) An applicant is eligible for a redress payment where the panel is satisfied that—

(a) the applicant is eligible to apply for a redress payment by virtue of section 18,

(b) where the application is for a next of kin payment, the applicant is eligible to apply for a next of kin payment by virtue of section 24,

(c) the application satisfies the requirements of section 29 to the extent that they apply to the type of redress payment sought, and

(d) the applicant is not precluded from being offered a redress payment by virtue of section 60.

(3) An applicant who is eligible for a redress payment is, subject to any deductions to be made in accordance with section 42, to be offered—

(a) on an application for a fixed rate payment, a fixed rate payment under section 38,

(b) on an application for an individually assessed payment, an individually assessed payment calculated in relation to the application under section 39 (which, in the case of an application made by virtue of section 30(2) or (3), may be zero), or

(c) on an application for a next of kin payment, a next of kin payment calculated in relation to the application under section 40.

(4) In the case of an application which relates to more than one relevant care setting, only one determination of a redress payment may be made in respect of an application regardless of the number of care settings concerned.