Home FCA Handbook COMP COMP 9 COMP 9.2 When must compensation be paid?
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COMP 9.2 When must compensation be paid?

01/04/2013R

The FSCS must pay a claim as soon as reasonably possible after:

  1. (1)

    it is satisfied that the conditions in COMP 3.2.1 R have been met; and

  2. (2)

    it has calculated the amount of compensation due to the claimant;

    and in any event within:

  3. (3)

    three months of that date, unless the FCA has granted the FSCS an extension, in which case payment must be made no later than six months from that date.

29/07/2022R

The FSCS may postpone paying compensation if:

  1. (1)

    in the case of a claim against a relevant person who is an appointed representative, the FSCS considers that the claimant should make and pursue an application for compensation against the appointed representative's relevant principal; or

  2. (2)

    in the case of a claim relating to protected investment business which is not an ICD claim, a claim relating to protected home finance mediation, a claim relating to protected non-investment insurance distribution, a claim relating to protected debt management business or a claim relating to protected funeral plan business, the FSCS considers that the claimant should first exhaust their rights against the relevant person (or, where applicable, a successor) or any third party, or make and pursue an application for compensation to any other person; or

  3. (3)

    [deleted]

  4. (4)

    the claim is one which falls within COMP 12.4.5 R or COMP 12.4.7 R and it is not practicable for payment to be made within the usual time limits laid out in COMP 9.2.1 R; or

  5. (5)

    the claimant has been charged with an offence arising out of or in relation to money laundering, and those proceedings have not yet been concluded; or.

  6. (6)

    [deleted]

  7. (7)

    it or an insolvency practitioner appointed to the relevant person (or, where applicable, a successor) is seeking to secure continuity of the relevant funeral plan contract.

29/04/2016R

Notwithstanding COMP 9.2.2 R(2), the FSCS may pay compensation to a claimant in respect of assets held by a relevant person (or, where applicable, a successor) if an insolvency practitioner has been appointed to the relevant person (or, where applicable, a successor), and:

  1. (1)

    the FSCS considers it likely that the insolvency practitioner would, in due course, return the assets to the claimant;

  2. (2)

    the claimant has agreed to be compensated for the assets on the basis of the valuation provided by the FSCS; and

  3. (3)

    the claimant has agreed, to the satisfaction of the FSCS, that his rights to the assets in respect of which compensation is payable should pass to it.