Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (asp 15)

PART 4 S Financial redress: redress payments

CHAPTER 5 S Redress payments or determinations made in error

[F1 75B. Effect of referral for reconsideration on unpaid redress payments S

(1) This section applies where—

(a) an offer of a redress payment was made under the original determination,

(b) at the point at which the original determination was referred for reconsideration, the offer had been accepted but payment (in whole or in part) had not been made.

(2) From the point at which the original determination is referred for reconsideration, any entitlement to the redress payment (or any unpaid part of it) under section 50(2) is suspended.

(3) Where the reconsideration panel determines under section 75(5)(a) that the original determination was not materially affected by an error, any entitlement to the redress payment (or any unpaid part of it) under section 50(2) is restored.]

Textual Amendments

F1 Ss. 75A-75E inserted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44), regs. 1(1), 25