Garda Síochána (Compensation) Act 2022
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Application for initial assessment | ||
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8. (1) Subject to this section, a person referred to in subsection (2) may make an application for initial assessment to a person specified in section 9 . | ||
(2) Any of the following persons shall be entitled to make an application for initial assessment: | ||
(a) in the case of injuries referred to in section 7 (a), the member or former member, as the case may be, referred to in that section, or | ||
(b) subject to subsection (3), in the case of a death referred to in section 7 (b)— | ||
(i) a person who, on the date of death of the member or former member, was his or her spouse or civil partner, | ||
(ii) a person who, on the date of death of the member or former member, had been living with him or her as his or her cohabitant within the meaning of section 172 of the Act of 2010 for a continuous period— | ||
(I) of 2 years or more, in the case where they were the parents of one or more dependent children, and | ||
(II) of not less than 3 years, in any other case, | ||
(iii) a child or step-child of the deceased member or former member, | ||
(iv) a parent or grandparent of the deceased member or former member, or | ||
(v) a brother, sister, half-brother or half-sister of the deceased member or former member, | ||
if the person referred to in subparagraph (i), (ii), (iii), (iv) or (v) was wholly or partly dependent on the deceased person and suffered loss by the death. | ||
(3) In the case of an application for initial assessment in relation to a death referred to in subsection (2)(b)— | ||
(a) only one application for initial assessment may be made in respect of the death, | ||
(b) the application for initial assessment may be made by all or any of the persons to whom that subsection refers, | ||
(c) the application for initial assessment, by whomsoever made, shall be for the benefit of all the persons to whom that subsection refers, and | ||
(d) in relation to the application for initial assessment— | ||
(i) the applicant shall provide with the application particulars of the person or persons making the application and, where applicable, particulars of any other person for whom and for whose benefit the application is being made, and | ||
(ii) the particulars referred to in subparagraph (i) shall include particulars showing that each person referred to in that subparagraph is a person to whom subsection (2)(b) applies. | ||
(4) Where a person to whom subsection (2) applies is— | ||
(a) a person who has attained the age of 18 years who— | ||
(i) has a mental disability, | ||
(ii) is suffering from a disorder of the mind, whether as a result of mental illness or dementia, or | ||
(iii) has a physical disability, | ||
which is of such nature or degree that it results in the person requiring assistance with communicating and other activities of daily living, or | ||
(b) a person who has not attained the age of 18 years, | ||
an application for initial assessment may be made on his or her behalf by his or her parent, guardian, next friend, committee or any other person duly authorised to act on his or her behalf, and such a person may continue to act on his or her behalf for the purposes of obtaining compensation in accordance with this Act. | ||
(5) In deducing any relationship for the purposes of this section, a person in loco parentis to another shall be considered the parent of that other. | ||
(6) In this section— | ||
“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; | ||
“dependent child” has the same meaning as it has in section 171 of the Act of 2010. |