Dáil Éireann Debate, Thursday - 20 November 2014
126. Deputy Michael McGrath asked the Minister for Education and Skills her plans to change the residential institutions redress legislation in order that a survivor may nominate a person to benefit from entitlements under the redress scheme in the event of the death of the survivor; and if she will make a statement on the matter. [44639/14]
View answerSection 9 of the Residential Institutions Redress Act, 2002 addresses a range of scenarios where a survivor dies. It provides for applications to be brought by the spouse or children of survivors who would have qualified as applicants and who died after 11th May 1999. It also provides that where an applicant dies after making an application but before the Board has made a determination, the surviving spouse or children can proceed with the application. In these situations the Board must direct that the award is paid to the personal representative of the deceased survivor. The section was amended in 2005 to provide for situations where an applicant dies after the Board has made an award but prior to the applicant deciding whether to accept or reject the award. In this circumstance a surviving spouse or child can proceed with the matter or where there is no surviving spouse or child, the applicant is deemed to have accepted the award and the Board will direct that it is paid to the personal representative of the applicant.
I have no plans to amend these provisions. I would point out that at end October 2014 the Redress Board had finalised 16,616 of the 16.625 applications received, leaving 9 applications to be finalised
