PART 1The Historical Institutional Abuse Redress Board
Entitlement to compensation
I14Exclusions from entitlement to claim compensation
1
An application for compensation may (subject to subsections (3) to (5)) not be made under this Part by or in respect of a person who suffered abuse if—
a
a court has dismissed a claim arising from a relevant matter brought by or in respect of that person, or
b
proceedings on a claim arising from a relevant matter brought by or in respect of that person against a government department (including a Northern Ireland department) or other public body or any other body, society or organisation are pending before a court.
2
A “relevant matter” is a matter on which an application for compensation under this Part could be based, but for subsection (1)(a) or (b).
3
Subsection (1)(a) does not apply if the claim in question was dismissed solely because the period of limitation for bringing proceedings on the claim had expired.
4
Subsection (1)(b) does not prevent an application for compensation being made under this Part if the claimant withdraws the claim in question.
5
An application for compensation may be made under this Part despite subsection (1)(a) or (b) if it relates to abuse suffered in an institution managed by a body, society or organisation other than a body, society or organisation which managed any institution to which the claim referred to in subsection (1)(a) or (b) related.
6
The reference in subsection (5) to managing an institution is a reference to providing residential accommodation in that institution.