4. Section 97 of the Act allows for the recovery of payments made in connection with redress applications, other than the redress payments themselves (which are covered by section 74 of the Act), where those payments were made due to a material error.
This list is non-exhaustive, but could include payments for
- expert reports;
- payments made by way of reimbursement of costs and expenses;
- payment of fees for legal work in making a redress application or in connection with a proposed application.
5. Section 98 of the Act allows Scottish Ministers to make regulations about or in connection with the consideration of whether decisions to make payments (other than redress payments) were materially affected by error, and recovery powers in respect of them. The Redress for Survivors (Historical Child Abuse in Care) (Payments Materially Affected by Error) (Scotland) Regulations 2021 (legislation.gov.uk) were made under section 98 of the Act.
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