Detailed Provisions Part 7: General and miscellaneous Section 105: Interpretation
306.This section sets out definitions of commonly used terms in the Act. It also clarifies that where a person receives a redress payment subject to the deduction of relevant payments, that is still to be considered as them having received, for example, a “fixed rate payment” despite the sum paid out being less than £10,000. This is relevant, for example, where the person subsequently applies for an individually assessed payment and the amount they receive depends on whether they have previously received a fixed rate payment. Similarly, where a payment is made in instalments or is in the process of being paid out, the payment is to be treated, for the purpose of certain provisions, as having been paid. This is the case where what is relevant is effectively whether the person has an entitlement to the money (again, such as where the amount received on an individually assessed payment is to be reduced because of the previous award of a fixed rate payment). This interpretative rule applies only when construing references in the Act to “previously received” or “previously paid” and does not affect any person’s right to receive the money to which they have an entitlement.