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Criminal Injuries (Compensation) (Northern Ireland) Order 1988

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Applications for compensation

4.—(1) An application for compensation shall be made in such manner as may be prescribed.

(2) An application for compensation may be made by any of the persons mentioned in Article 3(2) to (4) but so that—

(a)where the victim has died as a result of the criminal injury, the application may be made by the victim’s spouse on behalf of both the applicant and of such children, if any, as are relatives of the victim by virtue of sub-paragraph (e) or (f) of the definition of “relative” in Article 2(2);

(b)where there is no surviving spouse of a deceased victim or the victim or other person entitled to apply for compensation is under a disability, it may be made by such person as may be prescribed.

(3) Where, by virtue of any assignment or act or event in the law, the right of any person to apply for or receive any compensation has passed to any other person, that other person, or, if he is under a disability, the person appearing to the Secretary of State to be entitled to act on his behalf, may be treated as an applicant for the purposes of any provision of this Order.

(4) Where an application for compensation is made to the Secretary of State in accordance with this Order he shall determine whether any compensation should be paid and, if so, its amount.

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