S.I. No. 5/1968 - Redundancy (Repayment and Recovery of Payments) Regulations, 1968.

S.I. No. 5 of 1968.

REDUNDANCY (REPAYMENT AND RECOVERY OF PAYMENTS) REGULATIONS, 1968.

I, P. S. Ó h-IRIGHILE, Minister for Labour, in exercise of the power conferred on me by section 41 of the Redundancy Payments Act, 1967 (No. 21 of 1967), hereby make the following regulations:

1. These Regulations may be cited as the Redundancy (Repayment and Recovery of Payments) Regulations, 1968.

2. Where under section 41 of the Redundancy Payments Act, 1967 (No. 21 of 1967), —

(a) a decision of a deciding officer is revised so as to disallow or reduce redundancy payment paid or payable to a person, and

(b) the revised decision is given because the original decision had been given, or had continued in effect, by reason of any statement or representation (whether written or oral) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact,

any redundancy payment paid in pursuance of the original decision shall be repayable to the Redundancy Fund to the extent to which it would not have been payable if the revised decision had been given in the first instance and such person (and either any other person to whom the benefit was paid on behalf of such person or the personal representative of such person) shall be liable to pay to the Fund on demand by the Minister the sum so repayable.

3. Any benefit repayable in accordance with paragraph 2 may be recovered by deduction from any redundancy payment to which the person concerned (or any other person on the death of such person) then is or becomes entitled.

GIVEN under my Official Seal, this 3rd day of January, 1968.

P. S. Ó h-IRIGHILE,

Minister for Labour.

EXPLANATORY NOTE.

The purpose of these regulations is to provide for the recovery to the Redundancy Fund of payments (or overpayments) where a deciding officer's decision is revised because the original decision was based on information which was to the knowledge of the person giving it false or misleading.