the report prepared by the Board’s medical advisers.
The Board will not address, or make a finding of fact relating to, any issue of fault or negligence arising out of evidence given in an application, and an award made under the 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.
Written notice of decision
100.In all cases, the applicant will be given written notice of the Board’s decision in the form of a Notice of Award. The applicant has one calendar month from the date of receipt of the Notice of Award in which to decide whether or not to accept this award. There is particular merit in an applicant taking legal advice on this step if he or she has not been legally represented at the hearing.
It is vital that the applicant consider and act in good time within the calendar month allowed to accept, send for review or reject the award (see further paragraphs 108-113 below). If the applicant does nothing within this calendar month, he or she will be deemed to have rejected the award and the Board cannot thereafter make an award in respect of the matters which formed the subject of the application, and the applicant will have no right to apply to the Review Committee for a review of the award.
101.The Board may make an interim award not exceeding €10,000 where –
(a)it makes a preliminary decision that the applicant is entitled to an award;
(b)it is satisfied that it is probable, having regard to all the circumstances, that an award equal to or greater than the amount of the interim award will be made in respect of the applicant, and
(c)it is of the opinion that, having regard to the age or infirmity of the applicant, the making of an interim award is appropriate in the circumstances.
The amount of any such interim award will be deducted from the final award made by the Board.
102.Without prejudice to the right of any applicant to apply or the Board to consider any other individual circumstances within the conditions outlined in the Act, the Board has decided that it will routinely consider whether it is appropriate to make an interim award if -
the applicant was born before 1 January 1931,
The Board is satisfied on the basis of a written report from the applicant’s regular medical practitioner that the applicant is suffering from -
a medical or psychiatric condition which is considered to be life-threatening,
early dementia or a dementia-like illness which will likely culminate in a reduction or loss of mental faculties in the short term which will potentially affect the applicant’s ability to process his or her claim.
Please note that from 1 January 2006, the relevant date for the purposes of (a) will be 1 January 1933.