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Five denied compensation to get ex gratia payments

Kathy Lynn Simmons, the Attorney-General (File photograph)

Five people who were denied compensation owing to administrative red tape are to get ex gratia payments, the Minister of Legal Affairs told MPs yesterday.

During a Budget presentation on her ministry, Kathy Lynn Simmons, the Attorney-General, also said the wording on forms had been changed to clear up confusion over deadlines for applications to the Criminal Injuries Compensation Board.

Last year the five lost a Court of Appeal case they had brought against the CICB.

Each applicant submitted a claim for compensation more than two years after the original incidents and were turned down because, under the law, the CICB cannot accept claims submitted after a two-year time limit.

At the court hearing, the five — including a mother whose infant child suffered brain damage after being dropped while in the care of a nurse — claimed that they were never told of the time bar.

They also argued that efforts to get compensation were hampered further by government officials who told them not to submit claims until all paperwork, including death certificates and even proof of the criminal conviction of the perpetrator, could be secured.

Although they lost their case, the Appeal Court recommended that the five should be given an ex gratia payment and, at the time, the Attorney-General said she had been in contact with the board chairman to ensure a proper resolution of the case.

Ms Simmons told MPs yesterday that ex gratia payments would be made, although she did not say how much they would be.

She said the issue arose “in the wake of an historic administrative anomaly being identified within the scheme”.

“In particular, there was no deadline specified on the application form, therefore applicants did not submit their documentation in a timely manner as per the act, and the board declined any award in those matters,” said Ms Simmons.

“All application forms have now been amended to clearly highlight the deadline.”

She added: “The administrative support for the board was undertaken by administrative personnel within the ministry. However, this has proven to be burdensome therefore alternative means of providing support will be explored.”

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Published February 29, 2024 at 7:53 am (Updated February 29, 2024 at 7:53 am)

Five denied compensation to get ex gratia payments

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