Detailed Provisions
Part 4: Financial redress: redress payments
Chapter 1: Determination of applications for redress payments.
Deduction of previous payments
Section 43: Deduction of previous payments: further provision
122.This section sets out further matters relating to the deduction of previous payments from redress payments.
123.Subsections (2) and (3) set out that where a child of a deceased person has made an application for a next of kin redress payment and where a relevant payment has previously been made in respect of the deceased person, the amount deducted from the redress payment will be divided by the number of surviving children of the deceased person at the date that the first child’s next of kin application is made. The payment offered to each child will therefore be subject to an equal share of the deductions.
124.Subsection (4) sets out that as much of a relevant payment that has already been deducted from a redress payment will not be deducted again from an individually assessed payment – it will only be the balance of the relevant payment which will be deducted. This avoids double-deductions and covers both earlier applications specifically for a fixed rate payment and a payment of a previous redress payment where the application under consideration is a further application made by virtue of section 30(3).
125.Subsection (5) sets out that the panel does not need to deduct a relevant payment to which the applicant has only an entitlement. This would include, for example, where the applicant is entitled to a payment but is unlikely in practice to be able to recover this (because of the financial situation of the debtor).
126.Subsection (6) states that a relevant payment received from the advance payment scheme is not to be adjusted using the GDP deflator.
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