What Is an Affidavit?
Former residents of 44 Mother and Baby or County Homes may be entitled to payment from the Mother and Baby Institutions Payment Scheme. To receive a payment, you must apply to the Payment Scheme. Once submitted the team handling your application will try to trace records showing that you were in one of the institutions. Where these records cannot be traced you may be asked to submit an affidavit stating that you were in an institution.
Here is what you should know about submitting an affidavit.
What is an affidavit?
An affidavit is a written statement which a person swears to be true. It needs to be signed by a commissioner of oaths, in Britain, this is a qualified lawyer who can administer oaths.
When & why should I submit an affidavit?
Affidavits may be asked for where an applicant’s records cannot be traced, or where they are incomplete. Affidavits should only be submitted where they have been requested by the Case Management Team, who process applications.
What should an affidavit contain?
The name of the person making the affidavit
The Payment Scheme Reference Number (this can be found on any correspondence from the Case Management Team or by logging on to the portal. It begins CAS.
The name of the person making the affidavit, if it is being made by a support person or personal representative
The occupation of the person making the affidavit
A statement that the person making the affidavit is over 18 years
Any relevant information, such as (but not limited to) the name of the institution, believed entry and exit dates and any other information that you may regard as relevant.
The affidavit should be signed and dated by the applicant
A ‘jurat’ - this is the section signed by the Commissioner for Oaths verifying that the affidavit has been sworn properly.
When submitting an affidavit, you can also submit any supporting information that may show that you were in the 44 listed institutions eligible for a payment. This can include any letters, doctors’ notes, journal entries or anything else that you may feel is relevant or that supports your affidavit.
Decisions
A decision is made on the ‘balance of probabilities’ on whether an applicant was in one of the 44 Mother and Baby or County Homes eligible under the payment scheme, including the length of time that an applicant was in an institution.
Following this a Notice of Determination will be issued to the applicant to inform them of the decision.
Payment for legal advice
Submitting an affidavit is one of the two circumstances that applicants can obtain financial support for legal costs. Applicants who need to submit an affidavit can receive €200 in financial support for legal advice obtained. Payment of this financial support is available on submission of a valid affidavit. To receive this payment, you will need to submit bank details via a form that will be uploaded to your portal or by filling in and returning a form that will be posted to you if you have completed a paper application. This payment will be made directly to the applicant (or person designated to act as representative.)
If you were a mother or child that spent time in a Mother and Baby or County Home and want further information on the Irish Government Mother and Baby and County Home Action plan, please contact Renewing Roots at renewingroots@frea.org.uk or 07432 138682 or see our website which also contains a list of County Homes. All our advice is free and confidential.