Part 1: The Historical Institutional Abuse Redress Board Section 12: Assessment of compensation
This section sets out the amounts of compensation that can be awarded by a Panel.
	Subsection (1) provides that a panel will determine what amount of compensation is to be awarded.
	Subsection (2) sets out the amounts that can be awarded. An award may range from the minimum payment of £10,000 rising up to a maximum of £80,000 depending on the severity of the abuse suffered. A separate amount of £20,000 may also be awarded to a person who was sent to Australia under the ‘Child Migrants Programme’. Subsection (3) confirms the maximum amount of compensation that can be awarded.
	Subsection (4) means that a person entitled to compensation for being sent to Australia can also claim for compensation if he or she suffered abuse in an institution in Northern Ireland, prior to being sent to Australia.
	Subsection (5)(a) makes provision for how compensation is to be shared out where there is more than one recipient of the award, as may arise under section 6. Subsection 5(b) allows a panel the power to allocate the shares of an award differently to the approach set out in paragraph (a) if it deems it would be in the interests of justice to do.
Example (1)
£18,000 is awarded to a spouse and child.
The spouse, child and a sibling were the residuary beneficiaries of the deceased’s estate. The spouse received 60% of the residuary estate, the child 30% and the sibling 10%.
Setting the sibling’s share aside, the spouse and child together received 90% of the residuary estate and their proportionate share of this is two thirds (60%) to the spouse and one third (30%) to the child.
In this scenario, the spouse and child would therefore receive £12,000 and £6,000.
Example (2)
£45,000 is awarded to a spouse and two children.
The spouse and two children were the three residuary beneficiaries of the deceased’s estate. The spouse received 50% of the residuary estate and the two children, 25% each.
In this scenario, the spouse would therefore receive £22,500 and each child, £11,250.
	Subsection (6) means that that where an application relates to more than one institution, only one amount of compensation will be paid.
	Subsection (7) provides that the Board may arrange for a person who has been awarded compensation to have access to advice in respect of how to best to manage it.
	Subsection (8) provides The Executive Office with the power by order to increase the amount of compensation that may be awarded. Subsection (10) confirms that any such order must be approved by the Northern Ireland Assembly.