Residential Institutions Redress Act, 2002

Award of Board.

13.—(1) The Board shall, when determining an award, have regard to—

(a) the evidence adduced at a hearing, if any,

(b) the regulations made by the Minister under section 17 , and

(c) the report referred to in section 10 (12) or, where appropriate, in section 11 (11),

and, where it considers it appropriate, it may hear the oral evidence of the applicant and his or her medical or other advisers in respect of the report referred to in paragraph (c).

(2) Where the Board makes an award it shall include an award for—

(a) any expenses incurred in making an application under this Act, and

(b) medical expenses incurred by the applicant in accordance with regulations made under section 17 in respect of treatment for the injury concerned.

(3) The Board shall, as soon as is practicable, notify the applicant in writing of the award to him or her.

(4) An applicant may—

(a) accept or reject the award made by the Board to him or her, or

(b) submit the award to the Review Committee for a review of the amount of the award made by the Board,

within one month, or such greater period as may be prescribed, from the date of receiving notice of the award.

(5) If an applicant does not accept, reject or submit for review the award made to him or her within the period referred to in subsection (4) he or she shall be deemed to have rejected the award.

(6) Where an applicant accepts an award (including an award reviewed under section 15 ) the applicant shall agree in writing to waive any right of action which he or she may otherwise have had against a public body or a person who has made a contribution under section 23 (5) and to discontinue any other proceedings instituted by the applicant, against such public body or such person, that arise out of the circumstances of the application before the Board.

(7) An award shall not be paid to an applicant unless the applicant complies with subsection (6).

(8) Where—

(a) an applicant does not wish to receive the entire amount of an award in a single payment, the Board, having heard the applicant or a submission on behalf of the applicant, may in its absolute discretion, direct that the award shall be paid to the applicant in instalments, or

(b) the Board, having heard submissions by or on behalf of an applicant and from such other person as the Board considers appropriate, is of the opinion that the applicant is incapable of managing any moneys received under an award it shall direct that the award shall be paid to the applicant in instalments or in any other manner that is appropriate having regard to the circumstances of the applicant,

and the applicant may submit a direction under paragraph (b) to the Review Committee for a review of that direction.

(9) Where the Board decides that any or all of the matters specified in section 7 (1) have not been established to its satisfaction it shall notify the applicant as soon as practicable of the decision and an applicant may submit that decision to the Review Committee for a review of it within one month, or such greater period as may be prescribed, from the date of receiving notice of the decision not to make the award.

(10) Where an applicant does not accept an award within the time and in the manner provided for in this section and proceeds with any right of action that he or she may have arising out of the same, or substantially the same, acts complained of in an application, the Minister, a public body or any other person, will not in such proceedings to which it is a party rely for the purposes of the Statutes of Limitations, on the period between—

(a) the date of the application to the Board by that applicant, and

(b) the date on which the applicant—

(i) abandoned his or her application,

(ii) was adjudged not entitled to an award under this Act,

(iii) rejected an award in accordance with subsection (4)(a) or subsection (5), or

(iv) rejected a decision of the Review Committee in accordance with section 15 (7) or section 15 (8),

whichever of such dates is the later, in bar of any right of recovery under such proceedings.

(11) An award made under this Act shall not be construed as a finding of fact that a person who is referred to in an application carried out the acts complained of in the application.

(12) An applicant who receives an award under this Act shall not institute civil proceedings arising out of the same, or substantially the same, acts complained of in an application in respect of which a public body or a person who has made a contribution under section 23 (5) is a party if such proceedings concern the institution referred to in section 28 (4)(b) and the period of residence at that institution referred to in section 28 (4)(c).

(13) The Minister may submit an award made by the Board to the Review Committee within one month from the date of making the award.