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

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

2021 asp 15

Detailed Provisions

Part 4: Financial redress: redress payments

Chapter 1: Determination of applications for redress payments.

Determination of applications

Section 37: Assessment of amount of redress payment

106. This section lays out the information to be considered when deciding on the amount (if any) to be offered to an applicant. In order for any payment to be offered, the panel must be satisfied of the following matters:

• that the applicant meets the eligibility criteria to apply for a redress payment under section 18;

• where the application is for a next of kin payment, that the applicant meets the additional eligibility requirements relating to that (as set out in section 24);

• that the application meets the requirements provided for under section 29 to the extent that they apply (for example, any requirements as to the information or evidence that must be included with an application for a next of kin payment),

• and that the applicant is not precluded from being offered a redress payment under section 60 (which relates to serious unspent criminal convictions).

107. Subsection (3) sets out how the payment should be calculated, taking into account any relevant deductions that must be applied (see section 42). The payments are then made based on the category of applicant and whether the payment is of a fixed rate payment, an individually assessed payment, or a next of kin payment. Subsection (3)(b) acknowledges that someone who has previously applied for and received a fixed rate payment might not be awarded anything more upon making a subsequent application for an individually assessed payment. It also acknowledges that this could equally apply to someone who has previously applied for and received an individually assessed payment and who is permitted to make a second application for that in light of new evidence.

108. Subsection (4) provides that where the application relates to more than one relevant care setting it is only one determination of a redress payment that can be made to cover all establishments in which the person resided.