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WHEN AND HOW TO APPLY FOR REDRESS

[For further details with regard to making an application to the Board, please see the “Guide to Application Procedure” published by the Board.]

Time limit for making application

30.An application for redress must be made to the Board within three years of the establishment day.  By the Residential Institutions Redress Act, 2002 (Establishment Day) Order 2002, 16 December 2002 was appointed as the Board’s establishment day.  Accordingly, the closing date for receipt of applications is 15 December 2005. However, the Board may, at its discretion and where it considers there are exceptional circumstances, extend this time limit.  In particular, the Board will extend the time limit where it is satisfied that an applicant was under a legal disability by reason of unsound mind at the time when the application should otherwise have been made, and the applicant concerned makes an application to the Board within three years of the cessation of that disability.

Application forms

31.An application for redress must be made in writing on a form prescribed by the Board.  The Board has prescribed two types of application form, as follows:

General application form: This form must be used in any of the following cases:

(1)Where an application is made by the injured person himself or herself;

(2)Where an application is made on behalf of an injured person who is under the age of 18 at the time when the application is made, and

(3)Where the application is made on behalf of an injured person who is incapable of managing his or her own affairs.

Application form (deceased persons): This form must be used in any case where the injured person has died since 11 May 1999 and an application is made on his or her behalf.  

Applications on behalf of children under the age of 18

32.An application on behalf of a child under the age of 18 should normally be made and signed by an adult with parental responsibility for the child – a natural parent, adoptive parent or any other person with legal parental responsibility for him or her.  In all such cases the Board will ask for proof of the identity both of the injured person and of the applicant, and will also require to be satisfied that the person making the application is properly entitled to act on behalf of the injured person.

Applications on behalf of adults unable to manage their own affairs

33.Where the injured person is an adult who is incapable of managing his or her own affairs, the application should be made on his or her behalf by a person properly authorised to do so.  The Board will accept that a person is so authorised only where he or she provides the Board with appropriate evidence –

(a)as to the identity of the applicant;

(b)that the injured person is incapable of managing his or her own affairs, and

(c)that the applicant is entitled to act on behalf of the injured person.

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