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Rules of the Superior Courts

Appendix: GG

Residential Institutions Redress Act 2002 : S.I. No. 529 of 2008

Forms:
No. 1 ¦ No. 2 ¦ No. 3

O. 134A, r. 3

No. 1

THE HIGH COURT

IN THE MATTER OF SECTION 13(14) OF THE RESIDENTIALINSTITUTIONS REDRESS ACT 2002

AND IN THE MATTER OF AN APPLICATION BY THERESIDENTIAL INSTITUTIONS REDRESS BOARD

ORIGINATING NOTICE OF MOTION


The purpose of this document is to inform you that the Residential Institutions Redress Board will apply to the High Court, at the Four Courts, Dublin 7 on the day of 200 at for an Order that the amount of the award (or the remaining amount of the award) to each person whose name is set out in the schedule be paid into the High Court and dealt with by the High Court for the benefit of the person to whom the amount relates in accordance with the direction of the Board (or the Review Committee) on the grounds that

*each such person listed in Part A of the Schedule has agreed under section 13(8)(a) of the Residential Institutions Redress Act 2002 (“the Act”) to the making of the award in instalments and you are listed in Part A.

*each such person listed in Part B of the Schedule is incapable of managing any moneys received under an award and you are listed in Part B.

The Board’s application will be grounded on the affidavit (i.e. a sworn statement) of ......... a person authorised on behalf of the Board, a copy of which is sent with this notice.

As a person affected, it is recommended that you take legal advice on these documents. You may reply to this application by completing the form attached to this notice and sending the completed form to the address shown at least seven days before the date mentioned above. You may also deliver evidence in response by affidavit or, if the Court permits, in another manner, and you may attend in person or by your legal representative on the hearing of the application.

Dated

Signed: on behalf of the Board/Solicitors for the Board


SCHEDULE

* delete as appropriate


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O. 134A, r. 6.

No. 2

To:
Registrar
The High Court
Four Courts
Dublin 7

IN THE MATTER OF SECTION 13(14) OF THE RESIDENTIALINSTITUTIONS REDRESS ACT 2002

AND IN THE MATTER OF AN APPLICATION BY THERESIDENTIAL INSTITUTIONS REDRESS BOARD


Name of beneficiary:

Date of application to High Court by the Residential Institutions Redress Board:

*I have no objection to the Board’s application.

*I do not agree with the Board’s application because I do not agree that I am incapable of managing any moneys received under an award and I wish the award to be paid to me in full.

*I agree with the Board’s application to have my award taken into court, but I do not agree with the Board’s or Review Committee’s direction as to how my award should be dealt with by the Court for my benefit and instead I would ask that my award be dealt with as follows: ..............

Set out here any further information which you think should be brought to the Court’s attention:

Date:

Signed:

* delete as appropriate


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O. 134A, r. 13.

No. 3

Strictly private and confidential

To: [name and address of beneficiary]


IN THE MATTER OF SECTION 13(14) OF THE RESIDENTIALINSTITUTIONS REDRESS ACT 2002AND IN THE MATTER OF AN APPLICATION BY THE

RESIDENTIAL INSTITUTIONS REDRESS BOARD


Dear [Mr/Mrs/Ms Name of beneficiary]:

The High Court has made an order that the amount of an award (or part of an award) made by the Board to you under the Act be paid into the Court

*to be paid to you in instalments in the following manner ................

*to be dealt with by the Court for your benefit in the following manner ....

As the Court is holding your money, it is important that you provide me with the following information.

*Your bank account (if any): .................

The name(s) and address(s) of your next of kin: ...............

Have you made any enduring power of attorney, will or codicil, and if so, who has custody of it— ...................

If any of these details changes, you should notify me immediately.

If at any time you would like to ask the Court to change the arrangements affecting how your award is dealt with or paid to you (for example, if your circumstances change), you should write to me explaining why you would like to ask the Court to change the arrangements.

Registrar
The High Court
Four Courts
Dublin 7

* delete as appropriate


_______

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