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Ineligibility for redress

17.Redress may not be payable to any of the following persons:

1.A person who was not “resident” for the purposes of the Act in one of the specified institutions when the abuse occurred.

2.A person who died before 12 May 1999.

3.A person who fails to make an application in the form prescribed by the Board within the time stipulated in the Act.

4.A person who fails to satisfy the Board that he or she is entitled to redress under the Act.

5.A person who has received damages from a court or a settlement in respect of the abuse and injuries described in the application for redress.

6.A person whose claim for damages in respect of the abuse and injuries described in the application for redress has been rejected by a court or which has been the subject of any other judicial determination (not being a determination concerning the Statute of Limitations or an interlocutory matter).

18.

A person, whether or not an applicant for redress, who gives false evidence to the Board may be guilty of a criminal offence.  If found guilty, that person is liable -

(a)

on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding six months or to both;

(b)

on conviction on indictment to a fine not exceeding €25,000 or to imprisonment for a term not exceeding two years or both.

HOW THE REDRESS IS ASSESSED

19.The awards made by the Board are required by the Act to be “fair and reasonable having regard to the unique circumstances of each applicant”.  But the Act also stipulates that in making an award the Board “shall have regard to” Regulations made by the Minister.  Under the Act and the Residential Institutions Redress Act, 2002 (Assessment of Redress) Regulations 2002, redress is awarded under four headings, as follows.

(a)Redress in respect of the severity of the abuse and injury

20.An award of redress in respect of the severity of the abuse and the injury suffered by an applicant is determined by a two-stage process.  First, the Board assesses the weight to be attached to the different elements that go to make up the experiences of victims of abuse according to the following table:

Weighting scale for evaluation of severity of abuse and consequential injury

Constitutive elements of redress

Severity of abuse

Severity of injury resulting from abuse

Medically verified physical/psychiatric

Illness

Psycho-social sequelae

Loss of opportunity

Weighting

1-25

1-30

1-30

1-15

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