Lack of Records is Not a Barrier to Applying for The Mother and Baby Institutions Payment Scheme
The Mother and Baby Institutions Payment Scheme is the State Redress for those who spent a minimum of 180 days in one of the qualifying homes as found at this link. You must have been a mother or a baby in such institutions and can be of any age. The scheme offers:
- A general payment
- A work-related payment
- Health supports
The work-related payment is confined to just mothers and starts from 9 days in the prescribed institution.
Common Questions: Lack of Records and the Need for a Solicitor When Applying for The Mother and Baby Institutions Payment Scheme
Two recurring questions we at M.M. Halley and Son Solicitors receive from members of the public are:
- What if I have none or very few records in relation to my time in such an institution?
- Do I need a solicitor to complete the application?
What If You Have Limited or No Records?
Firstly, we have had numerous clients ranging from those with multiple documents to those with very few. This is extremely common, as many records from the 1950s and 1960s, in particular, have been lost by the authorities or responsible parties at the time. As many survivors were children then, they do not hold copies of such records.
Our Advice:Contact the HSE and TUSLA to register your details. Typically, you will be assigned a case manager who will investigate where your records may be held. This is due to many such institutions having closed in the intervening years, with records moved to more central locations. They should provide you with what they have or confirm in writing if your records are lost.
Examples of Records That May Be Recovered:
- Birth certificates
- Payment records for room and board
- Boarding out agreements (if you were boarded out to a family)
We have had clients who established that they were in an institution for over 180 days but did not have records showing when they left the institution.
Can You Apply Without Full Records?
If you know you spent more than 180 days in such an institution and they did not keep or destroyed all records, do not assume you cannot apply to the scheme. We encourage you to talk directly to the HSE or your solicitor and raise this issue. The scheme offers alternative ways to validate your time in the institution.
In some cases, the HSE was able to recover additional records after the application was made. For many applicants, this additional information was extremely welcome and an unforeseen benefit of applying. Therefore, an initial lack of records does not disqualify you from successfully applying.
Do You Need a Solicitor for Your Application to the Mother and Baby Institutions Payment Scheme?
The official Government advice states that no legal representation is required. However, where documents are lacking, the scheme may require the applicant to swear an affidavit.
When Might an Affidavit Be Needed?
For example, if an applicant remembers being boarded out at age 5 and spent 5 years in the institution but has no documents to verify this, they must swear an affidavit stating that to the best of their knowledge, they were kept in the institution for that time, thereby exceeding the 180-day minimum.
Most people will need a solicitor to draft such an affidavit and sign it as a Commissioner of Oaths.
Level of Assistance from Your Solicitor
You can determine the level of assistance you want from your solicitor. The scheme covers a time span from decades ago, and many applicants are older persons. If they have adult children or friends to assist, this is one option. For others, they may prefer to entrust their solicitor to handle all matters.
Application Review and Timeline
After the application is made and any required affidavit is provided, your application is assessed on an age-first basis, prioritising older applicants to ensure they receive compensation first. Most clients who have applied receive financial offers within 2 to 3 months.
Financial Offer and Acceptance
The financial amount offered is determined by the duration of your stay in the institution, based on a set formula. Once you receive the offer, you can choose to accept it or appeal the decision. If you agree to accept it, you will need to provide your bank details for the transfer.
If you have limited or no records, don’t let this stop you from applying to the scheme. Many applicants have successfully received compensation, and additional records may be discovered during the process. Engaging a solicitor can also help simplify the application, particularly if an affidavit is required.
If you have any questions about applying to the Mother and Baby Institutions Payment Scheme or need legal assistance, our team at M.M. Halley & Son Solicitors is here to help. Whether you require guidance on retrieving records, need support with drafting an affidavit, or simply want to understand your options, we’re ready to assist. You can explore our Family Matters or Litigation (Personal Injury) services for more information. Alternatively, don’t hesitate to Contact Us directly to speak with one of our experienced solicitors who can guide you through the process.
