Notification of award
103.The Board will, as soon as is practicable, notify the applicant and his or her legal representative in writing of the award. The Board will at the same time notify the Minister of the award for the purposes of section 13(13) of the Act.
Please note that if the Minister applies to the Review Committee (see paragraph 116 below), no payment can be made pending the outcome of the review.
Lump sum payment of award
104.Payment of redress will normally take the form of a single payment of the total award to the applicant or, where he or she has died, to his or her personal representative. But there are two circumstances in which an award may be paid in instalments or in some other way.
Where 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 be paid to the applicant in instalments.
Where the Board, having heard submissions by or on behalf of the 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 will direct that the award be paid to the applicant in instalments or in any other manner that is appropriate having regard to the circumstances of the applicant. The applicant may apply to the Review Committee for a review of any such direction, but must do so within one month from the date on which the direction was given.
104A.Where the Board has made a direction in accordance with paragraph 104(a) or (b) above that an award be paid in instalments or in some other manner than by way of a single payment, the Board will direct the Department of Education and Science to make the initial payment to the applicant, and then lodge the balance of the award in the High Court, where it will be dealt with by the Accountant’s Office. Once this has been done, the Board will have no further responsibility for the award.
The address of this office is The Accountant’s Office, Courts Service, Phoenix House, Phoenix Street North, Dublin 7. The Office will administer the award for the benefit of the applicant in accordance with the original direction of the Board and with rules of court.
Where an award has been paid into the Accountant’s Office, an applicant may at any time apply to the High Court to vary the terms of the original direction by the Board on which the funds are administered, and the Court may do so if it considers it appropriate having regard to the circumstances of the applicant at that time. Applicants should apply in writing to the Principal Registrar, High Court, Four Courts, Inns Quay, Dublin 7 stating the reason they are seeking a variation of the terms of the award. These applications will be heard by a judge of the High Court on the next available Monday. The Court will inform applicants of the date and time of the hearings.
Applicants should note that in accordance with rules of court interest will be paid on any sum which is being administered by the High Court.