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Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021

Detailed Provisions

Part 4: Financial redress: redress payments

Chapter 1: Determination of applications for redress payments.
Payment of redress payment
Section 51: Payments to children

141.This section applies to applicants who have been offered a redress payment and who are under the age of 18 years.

142.Subsection (2) allows a panel determining an application or a review to give directions relating to the payment and management of the redress payment for the benefit of the applicant, where considered appropriate.

143.Subsection (3) provides examples of the options Redress Scotland can consider when making a direction in relation to the payment or management of a redress payment for applicants under the age of 18. The options available to Redress Scotland include making the payment in instalments or retaining the payment until the applicant turns 18.

144.Subsection (4) makes further provision which applies where a direction has postponed the payment of the whole or part of the redress payment (for example, by directing that it should be paid in instalments). Where that is the case, applicants can ask for earlier payment of the whole or part of the redress payment. This means that the redress payment awarded to the applicant can be accessed earlier than provided for in the direction where appropriate. Further details on how this process will work in practice will be included in guidance.

145.Once the applicant reaches the age of 18, the whole of any remaining balance of the redress payment must be paid to the applicant, and paid in accordance with the provision for payment set out in section 50(3).

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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