Detailed Provisions
Part 4: Financial redress: redress payments
Chapter 1: Determination of applications for redress payments.
Applications
Section 29: Application for a redress payment
74.Subsection (1) sets out the three types of redress payment for which an application can be made to the Scottish Ministers during the time that the redress scheme is open for applications. These payments are: a fixed rate payment, an individually assessed payment and a next of kin payment. The Scottish Ministers must set out the requirements in relation to the form in which the application must be made as well as the evidential requirements. These requirements must be publicised by the Scottish Ministers (subsection (6)).
75.Subsection (3) provides that, as a general rule (subject to section 30), only one application may be made for a redress payment in respect of a person who was abused. However, applications can relate to one or more relevant care settings (subsection (2)). This means that a person applying for a redress payment can normally only make one application, but that the application can relate to all of their time spent in care (where eligible for the redress scheme). As the rule about the number of applications is tied to the person who was abused, this would allow someone who had been abused in care and whose now deceased spouse had also been abused in care to make both an application in respect of their own abuse and a next of kin application in respect of their deceased spouse (subject to the rest of the eligibility criteria).
76.Subsection (4) places a duty on the Scottish Ministers to provide the summary of options (prepared under section 9) to an applicant at the point at which an application to the redress scheme is received.
77.The Scottish Ministers must provide any application received, and the accompanying information, to Redress Scotland (subsection (5)).
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