Advice on financial management of award
105.The Board will establish such procedures as it considers appropriate through which an applicant who has received an award may be given advice as to financial management of the award. To this end the Board has entered into an agreement with Finglas Money Advice and Budgeting Service under which that Service will provide financial management advice in a generic way to persons who have received redress awards. Further details of this service are available from the Board’s office, or from the Money Advice and Budgeting Service (MABS), telephone no. 01 864 5656.
Death of applicant
106.Where an award is made in respect of an application on behalf of –
(a)a person who died after 11 May 1999 before making an application, or
(b)a person who died after making an application but before the determination of that application by the Board,
the Board will direct that the award be paid to the personal representative of the deceased, as defined in the Succession Act 1965. Accordingly, where the deceased person made a will, the award will, on production of the grant of probate, be paid to the executor of the will; where the deceased did not make a will, the award will, on production of the letters of administration, be paid to the administrator of his or her estate. In either case the Board will direct that the personal representative treats the award as if it had been paid to the deceased immediately prior to his or her death.
107.For the purposes of the Income Tax Acts, income consisting of a redress award shall be disregarded for the purposes of income tax assessment, and any payment in respect of an award shall be treated in all respects as if it were a payment made as a result of a civil action for damages in respect of personal injury.
Acceptance or rejection of award
108.Within one month from the date of receiving notice of the award, 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.
If an applicant does not accept, reject or submit for review the award made to him or her within one month from the date of receiving notice of the award, he or she will be deemed to have rejected the award. In this regard, please note the matters dealt with in paragraph 100 above.
Acceptance of award by applicant
109.Where an applicant accepts an award, he or she will be required to agree in writing -
(a)to waive any right of action arising out of the same, or substantially the same, acts complained of in the application which he or she may otherwise have had against a public body or a person who has made a contribution, under section 23(5) of the Act, to the special account to pay awards maintained by the Minister for Finance, and
(b)to discontinue any proceedings, instituted by him or her against such public body or such person, that arise out of the same, or substantially the same, acts complained of in the application.
An award will not be paid to an applicant unless he or she has complied with this requirement.