Regulation 43 ReviewI1

Northern Ireland

(1)

The Board may at any time review a determination made by the Board if the Board is satisfied that—

(a)

the determination was made in consequence of the applicant having—

(i)

provided information which the applicant knew to be false in a material particular;

(ii)

recklessly provided information which was false in a material particular, or

(iii)

knowingly failed to disclose a material fact;

(b)

the determination was made in consequence of—

(i)

ignorance of, or a mistake as to, a material fact, or

(ii)

a mistake as to the law, or

(c)

there has been a relevant change of circumstance.

(2)

The Board may review a determination made under regulation 12(3)(b) or (c) where a person entitled to victims' payments is convicted of an offence such that regulation 6(1), (2) or (3) may apply.

(3)

A review of a determination is to be carried out on behalf of the Board by a Panel appointed by the President of the Board for this purpose.

(4)

A review panel must consist of three members and include—

(a)

in any case where the determination of the F1review requires the review panel to consider an assessment by a health care professional, one legal member, one medical member and one ordinary member, and

(b)

in any other case, one legal member, one ordinary member and one other member the President considers appropriate.

(5)

A review panel may not review a determination made by a panel which included any member of the review panel.

(6)

On reviewing a determination, the review panel may—

(a)

confirm a determination, or

(b)

make a new determination or vary a determination;

(7)

Following the F2review of a determination, the Board must as soon as reasonably practicable notify the appellant in writing of the following matters—

(a)

whether a determination was confirmed;

(b)

if a new determination was made, the new determination;

(c)

if a determination was varied, the determination as varied;

(d)

a summary of the reasons for the matters in sub-paragraph (a) to (d), and

(e)

the right to appeal.

Annotations

Textual amendments

F1: Word in reg. 43(4)(a) substituted (25.7.2023) by The Victims’ Payments (Amendment) Regulations 2023 (S.I. 2023/742), regs. 1(1), 2(13)
F2: Words in reg. 43(7) substituted (29.5.2020) by The Victims' Payments (Amendment) Regulations 2020 (S.I. 2020/490), regs. 1(1), 2(6)

Commencement

I1: Reg. 43 in force at 29.5.2020, see reg. 1(3)