Rule 14 Making redress payment
This rule applies where the redress body awards a redress payment on an application under section 3 of the Measure.
The payment may be made—
as a single lump sum, or
by no more than three equal instalments over the period of twelve months beginning with the day on which the amount of the redress payment is determined.
The payment may not be made after the end of the period provided for under section 9 (2) of the Measure.
But if it is not possible for the payment to be made in full before the end of that period, it must (in so far as not made before the end of that period) be made as soon as is reasonably practicable after the end of that period.
The redress body must, subject to paragraphs (6) to (9), arrange for the payment to be made to the bank account details of which have been provided by the applicant or the applicant’s lawyer.
Paragraph (7) applies where—
the redress body determines under section 12 (1) of the Measure that a redress payment is to be made to the applicant, and
the applicant notifies the redress body that the applicant wishes the payment to be held on trust for a specified person on the terms specified (and the person whom the applicant specifies may be the applicant himself or herself).
The redress payment may not be made unless and until arrangements are in place for the payment to be held on trust for the person and on the terms specified in the notification under paragraph (6)(b).
But where the application for redress has been continued under section 8 (3) of the Measure (continuation by surviving partner or surviving child), the redress payment is to be held by the applicant on trust to the order of the deceased’s personal representatives, unless the appeal authority certifies in accordance with paragraphs (9) to (11) that that would be contrary to the interests of justice.
The redress body must refer each application that has been continued under section 8 (3) of the Measure to the appeal authority for it—
to determine whether it would be in, or would be contrary to, the interests of justice for the redress payment to be held as mentioned in paragraph (8), and
to certify its determination in writing.
If the appeal authority certifies that it would be in the interests of justice for the redress payment to be held as mentioned in paragraph (8), the redress payment may be made only when the personal representatives request the redress body to make it; and the redress body must not grant a request unless the personal representatives provide a sealed copy of the grant of probate or the grant of letters of administration.
If the appeal authority certifies that it would be contrary to the interests of justice for the redress payment to be held as mentioned in paragraph (8), the redress payment is to be made to the applicant in accordance with paragraphs (2) to (7).
In the case of an application continued by virtue of section 8 (2) of the Measure, the reference in paragraph (8) to the deceased is a reference to the person who brought the application for redress under section 3 (and not to the person who continued that application by virtue of section 8(1)).