Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill 11 Part 3—Eligibility and key concepts (6) The procedure for determining an application under subsection (1) is to be determined by Redress Scotland. (7) The panel appointed under subsection (5) to determine the application may grant the applicant permission to apply for a next of kin payment only where it considers that there 5 are exceptional circumstances which merit it. (8) Once the panel has determined whether or not to grant the applicant permission to apply for a next of kin payment due to exceptional circumstances, Redress Scotland must inform the Scottish Ministers who must, as soon as reasonably practicable— (a) notify the applicant of the determination, and 10 (b) provide the applicant with a summary, provided by Redress Scotland, of the panel’s reasons for reaching that determination. 24 Review of determination made under section 23 (1) Where an applicant is notified of a determination under section 23 that permission to apply for a next of kin payment due to exceptional circumstances is not being granted, the 15 applicant may request a review of the determination. (2) A request for a review must— (a) be made to the Scottish Ministers, (b) be made before the end of the period of 4 weeks beginning with the date on which notice of the determination was received by the applicant, 20 (c) be made in such form, if any, as Ministers require, (d) specify why a review is being requested, and (e) contain or be accompanied by any information the applicant considers relevant. (3) The Scottish Ministers must, as soon as reasonably practicable after receiving a request for a review, provide the request, and any information accompanying it, to Redress 25 Scotland. (4) A review may be conducted despite the request for it not being made within the period specified in subsection (2)(b) if Redress Scotland is satisfied that the applicant has a good reason for not requesting a review sooner. (5) The Scottish Ministers must publicise any requirements which are for the time being set 30 under subsection (2)(c). (6) Sections 53, 54 and 57(1) to (5) apply for the purposes of a review under this section as they apply for the purposes of a review under section 52, subject to the modification that the reference in section 57(1) to a determination being made under section 55 is to be read as a reference to a determination being made under section 25. 35 25 Outcome of a section 24 review (1) On a review under section 24, the review panel appointed under section 53 to conduct it— (a) must consider— (i) whether the panel appointed under section 23(5) to determine whether or not to grant permission to apply for a next of kin payment due to exceptional 40 circumstances ought to have reached a different determination, and 12 Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill Part 3—Eligibility and key concepts (ii) in a case where additional evidence is provided to or obtained by the review panel, whether the application ought to be determined differently as a result, (b) may uphold or reverse the determination. (2) Once the review panel has conducted the review, Redress Scotland must inform the 5 Scottish Ministers who must, as soon as reasonably practicable— (a) notify the applicant of the review panel’s determination, and (b) provide the applicant with a summary, provided by Redress Scotland, of the review panel’s reasons for reaching that determination. (3) The determination of the review panel under this section is final. 10 26 Meaning of “specified next of kin” (1) In this Act, “specified next of kin”, in relation to a deceased person, means— (a) the person who, immediately before the death of the deceased person, was— (i) the spouse or civil partner of the deceased person, or (ii) the cohabitant of the deceased person, 15 (b) where the condition in subsection (3) is met, a child of the deceased person. (2) In a case where there is both a person falling within subsection (1)(a)(i) and a person falling within subsection (1)(a)(ii), subsection (1)(a) is to be read as including only— (a) the person who was the cohabitant of the deceased person, provided that the period of cohabitation had subsisted for a period of at least 6 months immediately before 20 the death of the deceased person, (b) otherwise, the person who was the spouse or civil partner of the deceased person. (3) The condition referred to in subsection (1)(b) is that— (a) there is nobody who falls within subsection (1)(a) (either because there was no such person or because the person has since died), and 25 (b) in a case where the person has since died, the person had not accepted an offer of a next of kin payment in respect of the deceased person. (4) In this section— “child of the deceased person” includes— (a) a stepchild of the deceased person, and 30 (b) a person who was treated by the deceased person as the deceased person’s child, “cohabitant of the deceased person” means a person who— (a) was neither married to nor in a civil partnership with the deceased person, but 35 (b) was living...