This chapter applies to the FSCS.
The purpose of this chapter is to set out in general terms the conditions that must be satisfied before the FSCS can make an offer of compensation , or secure continuity of insurance cover, or provide assistance to an insurance undertaking to enable it to continue insurance business.
The FSCS may pay compensation to an eligible claimant, subject to COMP 11 (Payment of compensation), if it is satisfied that:
an eligible claimant has , for claims other than claims under a protected contract of insurance, made an application for compensation ;
the claim is in respect of a protected claim against a relevant person who is in default;
where the FSCS so requires, the claimant has assigned the whole or any part of his rights against the relevant person or against any third party to the FSCS, on such terms as the FSCS thinks fit; and
in the case of a claim under a protected contract of insurance:
it is not reasonably practicable or appropriate to make, or continue to make, arrangements to secure continuity of insurance under COMP 3.3.1 R; or
it would not be appropriate to take, or continue to take, measures under COMP 3.3.3 R to safeguard policyholders of an insurance undertaking in financial difficulties.1
The FSCS may also pay compensation (and any recovery or other amount payable by the FSCS to the claimant) to a person who makes a claim on behalf of another person if the FSCS is satisfied that the person on whose behalf the claim is made:
is or would have been an eligible claimant; and
would have been paid compensation by the FSCS had he been able to make the claim himself, or to pursue his application for compensation further.
Examples of the circumstances covered by COMP 3.2.2 R are:
when personal representatives make a claim on behalf of the deceased;
when trustees make a claim on behalf of beneficiaries (for further provisions relating to claims by trustees, see COMP 12.6.1 R to COMP 12.6.7 R);
when the donee of an enduring power of attorney or a lasting power of attorney makes a claim on behalf of the donor of the power;
when the Master of the Court of Protection makes a claim on behalf of a person incapable by reason of mental disorder of managing and administering his property and affairs;
when an eligible claimant makes a claim for compensation but dies before his claim is determined.
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