Detailed Provisions Part 4: Financial redress: redress payments Payment levels Section 40: Next of kin payment
113.This section states that the next of kin payment is the equivalent of the relevant share of the fixed rate payment (£10,000). The next of kin payment which can be made under the redress scheme will either be made to one person, or shared. Where the person eligible to receive the next of kin payment is the spouse, civil partner or cohabitant of the deceased person to whom the application relates, the full fixed rate payment will be made to them.
114.In circumstances where the next of kin payment is to be made to a child of the deceased person, the payment will be divided by the number of surviving children of the deceased person at the date of the first child’s application (section 40(2)(b)). A surviving child in this context includes a stepchild or a person treated as their child by the person who died.
115.Therefore, if the person eligible to receive the next of kin payment is the spouse, civil partner or cohabitant of the deceased person, they will be eligible to receive £10,000. If the person who died had three surviving children, and the right to apply for and receive the next of kin payment applies to them, each child will be eligible to receive one third of the fixed rate payment (i.e. £3,333).