Detailed Provisions Part 4: Financial redress: redress payments Chapter 4: Death of applicant Section 65: Nomination of a beneficiary
182.Subsection (1) provides that an applicant for a fixed rate payment or an individually assessed payment may nominate a person (a “nominated beneficiary”) to take over the application when permitted by section 66 in the event that the applicant dies while the application is ongoing. Under schedule 1 of ILRA, “person” is defined as including “a body of persons corporate or unincorporated and a partnership constituted under the law of Scotland”. This therefore would allow organisations such as charities to be nominated as nominated beneficiaries. A nomination can be part of the application, or can be made by way of other notice in writing to Redress Scotland.
183.In accordance with subsection (2), the nomination remains in force until it is withdrawn by the applicant by notice in writing to the Scottish Ministers, or alternatively the person who is nominated dies or, in the case of a person other than an individual, ceases to exist.
184.Subsection (3) sets out that a reference to an “application” also includes a request for a review of the determination of that application, so a nominated beneficiary who takes over an application can also take over any review of it.