Redress For Survivors (Historical Child Abuse In Care) (Scotland) Act 2021 - payments materially affected by error: statutory guidance

Status of this Guidance

This guidance is issued under section 106 of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 ("the Act") insofar as it relates to the operation of the Act. This guidance refers to the The Redress for Survivors (Historical Child Abuse in Care) (Payments Materially Affected by Error) (Scotland) Regulations 2021 (legislation.gov.uk) ("the Payment Regulations") and the Redress for Survivors (Historical Child Abuse in Care) (Reimbursement of Costs and Expenses) (Scotland) Regulations 2021 ("the Reimbursement Regulations").

1. This guidance is issued to all those with an interest in connection with the making, or consideration of an application for redress. This includes applicants to the redress scheme, their legal representatives, professional service providers and Redress Scotland, who must have regard to the guidance (as per section 106(2) of the Act). The reconsideration review process outlined in this guidance applies to payments, other than redress payments, which are made in error. For example, payments made in respect of specified reports, payments made in relation to specified support, payments made by way of reimbursement of specified costs and expenses and payments of specified fees for legal work in making a redress application or in connection with a proposed application.

2. To be clear, redress payments received by redress applicants under the Act are not subject to the reconsideration process under section 98.

3. This guidance covers:

• the legislative background and purpose of the recovery of payments, other than redress payments, made in error;
• the circumstances where payments are considered to have been materially affected by error;
• liability for recovery of payments, other than redress payments, affected by error;
• the reconsideration process to be followed when it is considered that a payment, other than a redress payment, has been affected by error;
• to set out the review process when the person disagrees with the decision made in the reconsideration;
• to explain the right of withdrawal from review.