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REFUSAL OF APPLICATION BY THE BOARD

112.The Act requires an applicant to establish to the satisfaction of the Board –

(a)his or her identity;

(b)that he or she was resident in an institution during his or her childhood, and

(c)that he or she was injured while so resident and that injury is consistent with any abuse that is alleged to have occurred while so resident.

Where the Board decides that one or more of these matters have not been established to its satisfaction, it will notify the applicant as soon as practicable of its decision and state the reasons for so deciding.  The applicant may submit that decision to the Review Committee for review.

RIGHT TO APPLY TO THE REVIEW COMMITTEE
The applicant’s right to apply to the Review Committee

113.An applicant may submit for review by the Residential Institutions Redress Review Committee:

(a)the amount of an award made by the Board,

(b)a direction by the Board under section 13(8)(b) of the Act that the award is to be paid in instalments or otherwise than by way of a lump sum to an applicant incapable of managing his or her own affairs, and

(c)a decision by the Board that one or more of the matters set out in paragraph 112 have not been established to its satisfaction.

Any submission to the Review Committee must be made in writing and received by the Committee within one month from the date of receiving notice of the award, direction or decision of the Board.  The Review Committee is wholly independent of the Board.  On a review of the amount of the award made by the Board, the Review Committee may accept that award or increase or reduce it.

114.The Board will send the applicant a copy of the appropriate form for submitting the case to the Review Committee when it notifies the applicant of its award, direction or decision as to the matters listed in paragraph 113.

114A.Where an applicant has submitted an award for review by the Review Committee, he or she may, not later than two weeks from the date of the submission, withdraw the award from the review process by notifying the Review Committee of his or her wish to do so.  Where an award has been withdrawn from the Review Committee in this way, the applicant is deemed to have accepted the award made by the Board.

115.The address of the Review Committee is:

First Floor, Frederick House, 19 South Frederick St., Dublin 2.

Tel: (01) 635 0040

Email: reviewcommittee@frederickhouse.ie

The Minister’s right to apply to the Review Committee

116.The Minister may, within one month of the making of an award by the Board by way of settlement or following a hearing, submit the amount of that award for review by the Review Committee.

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