The Historical Institutional Abuse Redress Board (Applications and Appeals) Rules (Northern Ireland) 2020

Application for compensation: supporting material

4.—(1) An application for compensation under the Act other than one in respect of a deceased person must, subject to paragraphs (3) to (5), be supported by—

(a) a certified copy of the applicant’s birth certificate,

(b) a certified copy of a form of photographic identity of the applicant which is permitted by the Chief Electoral Officer of Northern Ireland as proof of entitlement to vote in an election,

(c) if the applicant’s name has changed since the person was resident in an institution to which the application relates, evidence of the change of name that is sufficient to satisfy the Board,

(d) if the application is being made for the applicant by a person appointed as the controller for the applicant or acting under an enduring power of attorney or under an authority conferred in accordance with the law relating to mental capacity in the country or territory in which the applicant is residing, evidence of the authority to act for the applicant,

(e) a copy of such of the medical records of the applicant as the applicant or the applicant’s solicitor considers relevant to the application, and

(f) any expert report relating to the applicant which the applicant or the applicant’s solicitor considers relevant to the application (whether or not the report was obtained for the purpose of supporting the application).

(2) An application for compensation under the Act in respect of a deceased person must, subject to paragraphs (3) to (5), be supported by—

(a) a certified copy of the death certificate of the deceased,

(b) if the deceased died leaving a will, a certified copy of the will,

(c) a certified copy of the grant of probate or letters of administration,

(d) a certified copy of a document proving that the relationship between the applicant and the deceased is of a kind referred to in section 6(1)(a) or (b) of the Act,

(e) a certified copy of a form of photographic identity of the applicant which is permitted by the Chief Electoral Officer of Northern Ireland as proof of entitlement to vote in an election,

(f) if the deceased person’s name changed after the person was resident in an institution to which the application relates, evidence of the change of name that is sufficient to satisfy the Board,

(g) if the application is being made for the applicant by a person appointed as the controller for the applicant or acting under an enduring power of attorney or under an authority conferred in accordance with the law of mental capacity in the country or territory in which the applicant is residing, evidence of the authority to act for the applicant,

(h) a copy of such of the medical records of the deceased as the applicant or the applicant’s solicitor considers relevant to the application, and

(i) any expert report relating to the deceased which the applicant or the applicant’s solicitor considers relevant to the application (whether or not the report was obtained for the purpose of supporting the application).

(3) If it is not possible for the application to be supported by the material referred to in paragraph (1)(a) or (b) or (as the case may be) paragraph (2)(e), the application must be supported by alternative evidence of the identity of the applicant or deceased.

(4) If material referred to in paragraph (1)(e) or (f) or (2)(h) or (i) was provided to the Inquiry (within the meaning of section 9(9) of the Act), the application need not be supported by that material.

(5) If the application is only for compensation under section 12(2)(c) of the Act (child sent to Australia under the Child Migrants Programme), it need not be supported by a copy of any medical records.

(6) The application may be supported by any other material which the applicant or the applicant’s solicitor considers relevant to the application and wishes the panel appointed under section 8 of the Act to consider; and that material may include material in the form of audio or video recordings.

(7) A reference to a “certified copy” of a document is—

(a) in the case of a birth, death or marriage certificate, a reference to a copy certified by the General Register Office of Northern Ireland or by a solicitor or notary public, and

(b) in any other case, a reference to a copy certified by a solicitor or notary public or by the office of the Chancery Division of the Court of Judicature which deals with probate business.

(8) A reference to a person appointed as the controller for an applicant is a reference to a person appointed as such under Article 101 of the Mental Health (Northern Ireland) Order 1986(1).

(9) “Enduring power of attorney” means an enduring power of attorney within the meaning of the Enduring Powers of Attorney (Northern Ireland) Order 1987(2).

(1)

1986 No. 595 (N.I. 14)

(2)

1987 No. 1627 (N.I. 16)