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

30 Cases where more than one application permitted S

(1) This section makes provision about when a person who is eligible to apply for a redress payment may do so despite an application already having been made in respect of the person who was abused and to whom the application will relate.

(2) An application for an individually assessed payment may be made by a person where—

(a) an application for a fixed rate payment has previously been made in respect of the person, and

(b) that application resulted in a determination that the person was eligible for a fixed rate payment.

(3) An application for an individually assessed payment may be made by a person where—

(a) an application for an individually assessed payment has previously been made in respect of the person,

(b) that application resulted in the applicant accepting a redress payment other than a level 5 payment, and

(c) Redress Scotland is satisfied that allowing a further application is justified on the basis that—

(i) new evidence is available which the person had a reasonable excuse for not providing in connection with the previous application, or

(ii) regulations under section 20(4) have had the effect of modifying eligibility to apply for a redress payment.

(4) An application for a next of kin payment may be made by a person where—

(a) a deceased person had previously applied for a fixed rate payment or an individually assessed payment, and

(b) the circumstances are such that the person is permitted to apply for a next of kin payment under section 24(1).

(5) An application for a next of kin payment may be made by a child of a deceased person where an application for a next of kin payment has previously been made in respect of the deceased person by another child of the deceased person.

(6) An application for a redress payment may be made by a person where—

(a) a previous application in respect of the person was withdrawn under section 33, and

(b) the new application is for a type of redress payment the person would have been able to apply for had the withdrawn application not been made.

(7) An application for a redress payment may be made by a person where—

(a) an application for a redress payment has previously resulted in a determination under section 60 that the person was precluded from being offered a redress payment, and

(b) as a result of an appeal in respect of a conviction or sentence, section 60 will no longer apply in respect of an application by the person.

(8) An application for a redress payment may be made in respect of a person where—

(a) the person has not previously received a redress payment of a particular type despite having made an application for it which has been brought to an end, but

(b) Redress Scotland is satisfied that special circumstances exist which justify allowing a further application.

(9) For the purpose of subsection (8), special circumstances may include—

(a) the person's individual circumstances,

(b) the availability of new evidence which the person had a reasonable excuse for not providing in connection with the original application,

(c) regulations under section 20(4) having had the effect of modifying eligibility to apply for a redress payment.

Commencement Information

I1 S. 30 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2