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Abuse Redress Measure 2025
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This version of this provision is prospective.
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There are currently no known outstanding effects for the Abuse Redress Measure 2025, Section 12.
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Prospective
12Determination of award of redressE
(1)The redress body, on granting an application for redress under this Measure, must determine the award to be made to the applicant; and the award may consist of either or both of the following—
(a)a payment (a “redress payment”);
(b)some other remedy.
(2)Where the redress body considers that the abuse to which the application relates was aggravated by some factor, the award must specify—
(a)what the aggravating factor is,
(b)the impact it had on determining the award, and
(c)in so far as the award is a redress payment, the amount of the payment attributable to the aggravating factor.
(3)The amount of a redress payment is to be determined, and the payment itself is to be made, in accordance with the rules; and the rules may, in particular, enable the payment to be made as a single lump sum or in instalments.
(4)A remedy under subsection (1)(b) may be provided in stages or on more than one occasion.
(5)The redress body may make arrangements for facilitating access for a person awarded a redress payment to advice on the financial management of the award.
(6)The rules may provide that, in a case where compensation for having suffered abuse to which the application relates has been awarded to or in respect of the person who suffered the abuse, the amount of a redress payment is—
(a)if it exceeds the amount of the award of compensation, to be reduced;
(b)if it does not exceed the amount of the award of compensation, to be zero.
(7)Rules made under subsection (6) must make provision as to the meaning of the reference in that subsection to an award of compensation.
(8)The rules may make provision as to factors which are to be regarded as aggravating for the purposes of this section.
(9)The rules may make provision—
(a)for enabling a redress payment to be held on trust;
(b)for enabling the recovery of a redress payment made in error;
(c)for enabling the recovery of a redress payment made to an applicant who the redress body is satisfied knowingly provided false information in connection with the application.
(10)The rules may provide that the award of a redress payment—
(a)does not give rise to a specified liability imposed by or under Act of Parliament;
(b)is to be disregarded for the purposes of assessing eligibility for a specified entitlement conferred by or under Act of Parliament.
(11)The rules may provide that, in the case of an application under section 6, this section applies as if the reference to compensation for having suffered abuse were a reference, or included a reference, to compensation for mental or emotional injury or economic loss suffered by the applicant in consequence of the abuse to which the application relates.
Commencement Information
I1S. 12 not in force at Royal Assent, see s. 33(3)
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