Redress For Survivors (Historical Child Abuse In Care) (Scotland) Act 2021 - payments materially affected by error: statutory guidance

Reconsideration process – Scottish Ministers

18. Regulation 2 of the Payment Regulations sets out the process for the reconsideration of a decision to make a payment which may have been materially affected by error.

19. Redress Scotland or Scottish Ministers, where they have cause to believe that a decision to make a relevant payment may have been affected by error, may refer the decision for reconsideration (regardless of whether or not the payment has been made).

20. The consequences of such a process could include that a person who has received or was due to receive a relevant payment, may be liable to repay Scottish Ministers to the extent that they have been paid in error following a reconsideration or review. This may apply to the payment in whole or in part depending on the circumstances.

21. As soon as reasonably practicable after receiving a request for a review, Scottish Ministers must provide the request, and any information accompanying it to Redress Scotland.

22. Scottish Ministers must, as soon as reasonably practicable, notify the relevant person in writing that the decision is being reconsidered, and of the reasons provided by Redress Scotland (or, as the case may be, Scottish Ministers) for the reconsideration. Scottish Ministers must also provide the relevant person with information about the implications of the decision being reconsidered.

23. Notification to the relevant person is made regardless of whether or not the payment in question has been made.

24. The relevant person has a period of at least 8 weeks, beginning with the date on which the notice of the reconsideration was received by the person, to make written representations in connection with the reconsideration. A reconsideration panel may allow longer than 8 weeks for the relevant person to make written representations if satisfied that the person had a good reason for not making those representations sooner. This may include circumstances where the person was seriously ill or had personal circumstances which prevented them from making a request within the prescribed time limit. Personal circumstances would not extend to pressure of business or other business related matters.