(6) In making a determination under paragraph (4), the panel must have regard to any will made by the deceased. 

(7) Where the panel is unable to decide who the deceased would have nominated— 

(a) in a case where a person who was the deceased’s spouse, civil partner or cohabiting partner seeks to make an application, the panel must determine that application may proceed unless the Board considers it would be inequitable to do so, and 

(b) in any other case, or where the Board considers it inequitable for an application to proceed under sub-paragraph (a), the panel must determine which application is, in the interests of fairness, to proceed. 

(8) Paragraph (7)(a) does not apply in the case of a spouse or civil partner who was estranged from the deceased. 

(9) After making a determination under paragraph (4)(, the Board must as soon as reasonably practicable notify in writing the persons referred to in paragraph (4) of— 

(a) the determination and the reason for it, and 

(b) the right to appeal. 

(10) Where this regulation applies, a person entitled to victims’ payments is entitled to such payments— 

(a) in a case where the deceased died on or before 23rd December 2014, for the period beginning with the 23rd December 2014 and ending 10 years after the date of death of the deceased, or 

(b) in any other case, for the period of 10 years beginning with the date of death of the deceased. 

## Priority of applications 

## Determination of entitlement 

## PART 4 

11. —(1) The Board may decide the order of priority in which applications for victims’ payments are to be determined. 

(2) In making a decision under paragraph (1), the Board must, in particular, have regard to— 

(a) whether evidence provided with an application, or otherwise in the possession of the Board, is likely to allow the application to be determined quickly; 

(b) the age of each applicant, and 

(c) so far as it is disclosed in the application, the health of each applicant. 

(3) The Board must give priority to applications made by applicants who— 

(a) are terminally ill, and 

(b) disclose that fact to the Board. 

## Determination by the Board 

12. —(1) This regulation applies on receipt by the Board of an application made in accordance with regulation 8. 

(2) The Board must determine whether the applicant is entitled to victims’ payments. 

(3) A panel appointed for this purpose by the President of the Board must— 

(a) consider the application on behalf of the Board; 

(b) determine whether (subject to assessment by a health care professional of the degree of relevant disablement of the applicant) the applicant is entitled to victims’ payments, and 

