sec.319XNotifying victim claims

### sec.319X Notifying victim claims This section applies if a person has a victim claim against someone else in relation to whom relevant money was awarded (the relevant person ) and the person either— started a proceeding in a court on the claim against the relevant person before the award was made; or The person started a proceeding in a court on a claim for personal injury against an offender 5 years before the award of offender money in relation to the offender. starts a proceeding in a court on the claim against the relevant person within 6 months after the chief executive gives a written notice as mentioned in section 319T (1) . The person may notify the public trustee of the victim claim by giving the public trustee— written notice of the proceeding within 6 months after the chief executive gives a written notice as mentioned in section 319T (1) ; and the further details of the proceeding or any award of damages made in relation to the victim claim, if any, that are reasonably requested by the public trustee to enable the public trustee to perform its functions under this part. A victim claim notified to the public trustee as mentioned in subsection (2) is an eligible victim claim . The public trustee may reject a victim claim if the person fails to comply with a request for further details under subsection (2) (b) without reasonable excuse. The public trustee must give a copy of the written notice or the further details received under subsection (2) to the chief executive within 14 days after receiving the notice or the details. In this section— written notice , of a proceeding, means— a certified copy of the notice given under the Personal Injuries Proceedings Act 2002 , section 9 for the proceeding; or other written evidence of the proceeding that satisfies the public trustee that the proceeding has been started. s 319X ins 2008 No. 53 s 4 (sec.319X-ssec.1) This section applies if a person has a victim claim against someone else in relation to whom relevant money was awarded (the relevant person ) and the person either— started a proceeding in a court on the claim against the relevant person before the award was made; or The person started a proceeding in a court on a claim for personal injury against an offender 5 years before the award of offender money in relation to the offender. starts a proceeding in a court on the claim against the relevant person within 6 months after the chief executive gives a written notice as mentioned in section 319T (1) . (sec.319X-ssec.2) The person may notify the public trustee of the victim claim by giving the public trustee— written notice of the proceeding within 6 months after the chief executive gives a written notice as mentioned in section 319T (1) ; and the further details of the proceeding or any award of damages made in relation to the victim claim, if any, that are reasonably requested by the public trustee to enable the public trustee to perform its functions under this part. (sec.319X-ssec.3) A victim claim notified to the public trustee as mentioned in subsection (2) is an eligible victim claim . (sec.319X-ssec.4) The public trustee may reject a victim claim if the person fails to comply with a request for further details under subsection (2) (b) without reasonable excuse. (sec.319X-ssec.5) The public trustee must give a copy of the written notice or the further details received under subsection (2) to the chief executive within 14 days after receiving the notice or the details. (sec.319X-ssec.6) In this section— written notice , of a proceeding, means— a certified copy of the notice given under the Personal Injuries Proceedings Act 2002 , section 9 for the proceeding; or other written evidence of the proceeding that satisfies the public trustee that the proceeding has been started. - (a) started a proceeding in a court on the claim against the relevant person before the award was made; or Example for paragraph (a) — The person started a proceeding in a court on a claim for personal injury against an offender 5 years before the award of offender money in relation to the offender. - (b) starts a proceeding in a court on the claim against the relevant person within 6 months after the chief executive gives a written notice as mentioned in section 319T (1) . - (a) written notice of the proceeding within 6 months after the chief executive gives a written notice as mentioned in section 319T (1) ; and - (b) the further details of the proceeding or any award of damages made in relation to the victim claim, if any, that are reasonably requested by the public trustee to enable the public trustee to perform its functions under this part. - (a) a certified copy of the notice given under the Personal Injuries Proceedings Act 2002 , section 9 for the proceeding; or - (b) other written evidence of the proceeding that satisfies the public trustee that the proceeding has been started.