Detailed Provisions Eligibility to apply for next of kin payments Section 24: Eligibility to apply for a next of kin payment
50.This section sets out the circumstances in which an application for a next of kin payment may be made: this will normally be where the criteria for a next of kin application are met, but an application can also be made where permission is granted due to exceptional circumstances (see section 25).
51.The criteria for a next of kin application require that the applicant must be the next of kin of a person who would have been eligible to apply for a redress payment, and who died on or after 1 December 2004 (section 24(2)(a) and (b)). Whether someone is the next of kin of a deceased person is determined in accordance with section 28.
52.In addition, the deceased person must either not have applied for a fixed rate or individually assessed redress payment by the date of their death, or have applied but died while the application was ongoing with certain other conditions being met. It should be noted for this purpose that, under section 33(5), if the deceased person made an application but then withdrew it, that is to be treated as though no application had been made.
53.Where such an application was made, the conditions which must be met are set out in subsection (3)(b); broadly speaking, these amount to the person dying while the application was ongoing and without any redress payment being paid out. Accordingly, where the application was for an individually assessed payment, the deceased person must have died without a fixed rate payment having already been paid – whether under a previous application for a fixed rate payment or, in the case of a second application for an individually assessed payment due to new evidence, by virtue of having received the fixed rate payment as an element of the individually assessed payment paid under that first application. In addition, where a nominated beneficiary was named in relation to the application, this would preclude a next of kin application from being made unless the nominated beneficiary either did not take over the application or, if they did, they themselves then died while the application was still ongoing and without having accepted a redress payment. As such, if the nominated beneficiary took over the application and either no offer was made under it or they opted to reject the offer, that would prevent a next of kin application from being made.
54.Section 24(4) clarifies that an application is considered to be ongoing from the time it is made until whichever is applicable of the following occurs: the application is withdrawn; a determination is made that the applicant is not eligible for a redress payment and either the period for seeking a review expires without one being sought or the review is unsuccessful or is withdrawn; or an offer made under the application is either accepted or allowed to expire.
55.Where an application has been brought to an end but a person has made efforts to restart it again, it will once again be considered to be an ongoing application. Accordingly, an application is also ongoing from the time that a request to revive it is made or it is revived under section 49(4) or 58(4) without a request being made, or where a late request for a review is made in relation to it. Such an application is ongoing until the point that the attempt to restart it is made until either that attempt fails or, if the attempt is successful, the application is brought to an end in a way described in paragraph 54.