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Historical Institutional Abuse (Northern Ireland) Act 2019

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This is the original version (as it was originally enacted).

3Restrictions on entitlement to claim compensation

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(1)An application for compensation under this Part may not be made in respect of a person who died before 28 April 1953.

(2)An application for compensation for having suffered the abuse referred to in section 2(2)(d) may be made under this Part only—

(a)in respect of a person who died on or after 28 April 1953 and before 1 March 2018,

(b)in respect of a person who died on or after 1 March 2018 and in respect of whom compensation has not been awarded, and no application for compensation is pending, under the IICSA scheme for having suffered that abuse, or

(c)by a person who has not been awarded compensation, and who does not have an application for compensation pending, under the IICSA scheme for having suffered that abuse.

(3)Subsection (2)(b) or (c) does not prevent an application for compensation for having suffered the abuse referred to in section 2(2)(d) being made under this Part if the applicant withdraws the application under the IICSA scheme.

(4)In this section, “the IICSA scheme” means a scheme for compensation established by Her Majesty’s Government in the United Kingdom in response to the inquiry established under section 1 of the Inquiries Act 2005 and known as the Independent Inquiry into Child Sexual Abuse.

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