The Redress for Survivors (Historical Child Abuse in Care) (Payments Materially Affected by Error) (Scotland) Regulations 2021
| Jurisdiction | Scotland |
| Citation | SSI 2021/479 |
| Year | 2021 |
2021 No. 479
Redress Scheme
The Redress for Survivors (Historical Child Abuse in Care) (Payments Materially Affected by Error) (Scotland) Regulations 2021
Made 14th December 2021
Coming into force 1st January 2022
The Scottish Ministers make the following Regulations in exercise of the power conferred by section 98(1) of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 20211and all other powers enabling them to do so.
In accordance with section 107(2) of that Act, a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.
Citation, interpretation and commencement
1.—(1) These Regulations may be cited as the Redress for Survivors (Historical Child Abuse in Care) (Payments Materially Affected by Error) (Scotland) Regulations 2021 and come into force on 1 January 2022.
(2) In these Regulations—
“the Act” means the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021,
“error” means an error which led to a decision to make a relevant payment being made—
(a) incorrectly, or
(b) correctly but on the basis of incorrect or misleading information,
in a way which materially affected the decision; but an error in making a redress payment under Part 4 of the Act in relation to which a relevant payment was made is not an error for the purpose of these Regulations,
“reconsideration panel” means a panel appointed by the chairing member of Redress Scotland under regulation 2(2),
“relevant payment” means a payment as mentioned in section 97(2) of the Act,
“relevant person” means a person—
(a) to whom a relevant payment was made, or
(b) who received payment in respect of the report, support or, as the case may be, the matter in relation to which costs or expenses were reimbursed as part of a relevant payment,
“review panel” means a panel appointed by the chairing member of Redress Scotland under regulation 3(5).
Reconsideration of decision to make a relevant payment where possible error
2.—(1) Where Redress Scotland has, or the Scottish Ministers have, cause to believe that a decision to make a relevant payment may have been affected by error, it or they may refer the decision for reconsideration (regardless of whether or not the payment has been made).
(2) A decision which is referred for reconsideration is to be considered on behalf of Redress Scotland by a panel of at least 2 members of Redress Scotland appointed by the chairing member.
(3) Where Redress Scotland refers a decision for reconsideration, it must, as soon as reasonably practicable, inform the Scottish Ministers of the referral.
(4) Where a decision is referred for reconsideration by either Redress Scotland or the Scottish Ministers, the Scottish Ministers must, as soon as reasonably practicable—
(a)
(a) notify the relevant person—
(i) that the decision is to be reconsidered, and
(ii) of the reasons, provided by Redress Scotland or, as the case may be, the Scottish Ministers, for the reconsideration,
(b)
(b) provide the relevant person with information about the implications of the decision being reconsidered, and
(c)
(c) allow the relevant person a period of at least 8 weeks, beginning with the date on which the notice of the reconsideration was received by the person, for the person to make written representations in connection with the reconsideration.
(5) A reconsideration panel may consider written representations made later than the period mentioned in paragraph (4)(c), if satisfied that the person had a good reason for not making those representations sooner.
(6) After the period of making representations under paragraph (4)(c) has ended or, where paragraph (5) applies, representations are considered later than that period, the reconsideration panel must—
(a)
(a) determine whether the original decision was affected by error, and
(b)
(b) if it was so affected, re-determine it on the basis of how it would have been decided had the error not been made.
(7)...
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