Historical Institutional Abuse (Northern Ireland) Act 2019

2 Entitlement to claim compensation

(1) An application for compensation under this Part may be made by or in respect of a person who suffered abuse while a child and while resident in an institution at some time between 1922 and 1995 (both inclusive); but this is subject to sections 3 and 4.

(2) A reference to having suffered abuse is a reference to—

(a) having suffered sexual, physical or emotional abuse or neglect or maltreatment,

(b) having witnessed one or more other children suffer abuse of a kind referred to in paragraph (a),

(c) having otherwise been exposed to a harsh environment, or

(d) having been sent to Australia under the programme commonly known as the “Child Migrants Programme”.

(3) “Institution” means an institution in Northern Ireland in which a body, society or organisation with responsibility for the care, health and welfare of children provided residential accommodation for children, took decisions about them and made provision for their day-to-day care.

(4) A reference to an institution does not include a reference to an institution at which education was provided, other than—

(a) a school certified under the Children Act 1908,

(b) a training school under the Children and Young Persons Act (Northern Ireland) 1950 or 1968,

(c) a Borstal institution, or

(d) a young offenders centre under the Treatment of Offenders Act (Northern Ireland) 1968.

(5) A reference to being resident in an institution includes a reference to being absent from the institution while under the care of—

(a) the body, society or organisation which provided residential accommodation for the child in the institution, or

(b) a person authorised by that body, society or organisation.

(6) But subsection (5) does not apply to a case within subsection (2)(c); and subsection (2)(c) is accordingly to be read as referring only to a person who was exposed to a harsh environment while in the institution in question.

(7) The reference in subsection (1) to a person who suffered abuse while resident in an institution is, in a case within subsection (2)(d), to be read as a reference to a person who was resident in an institution immediately before being sent to Australia as mentioned in that provision.