S.I. No. 11/1968 - Redundancy (Rebates and Weekly Payments) Regulations, 1968.

S.I. No. 11 of 1968.

REDUNDANCY (REBATES AND WEEKLY PAYMENTS) REGULATIONS, 1968.

I, P. S. Ó h-IRIGHILE, Miniser for Labour, in exercise of the power conferred on me by section 36 of the Redundancy Payments Act, 1967 (No. 21 of 1967), hereby make the following Regulations :

1. These Regulations may be cited as the Redundancy (Rebates and Weekly Payments) Regulations, 1968.

GENERAL.

2. In these Regulations—

" the Act " means the Redundancy Payments Act, 1967 (No. 21 of 1967);

" the Minister " means the Minister for Labour;

" rebate " and " weekly payments " have the meanings respectively assigned to them by sections 29 and 30 of the Act.

CLAIMS FOR REBATES.

3. A claim for a rebate shall be made—

( a ) by the employer on the form set out in Schedule 1,

( b ) to the Employment Exchange or Employment Office of the area in which the employer's place of business affected by the redundancy concerned is situated,

( c ) before the expiration of six months from the date on which the employer made the relevant lump sum payment,

( d ) in writing and accompanied by the copy of the redundancy certificate on which the employee concerned has signed a receipt for the lump sum payment.

4. An employer who has made a claim for a rebate shall, if required to do so by the Minister, produce evidence of the following matters—

( a ) the period of continuous employment of the employee concerned with the employer,

( b ) the normal weekly remuneration of the employee concerned,

( c ) the numbers of employees employed on material dates by the employer, and

( d ) the receipt by the employee concerned of the lump sum in respect of which the rebate is claimed.

5. An employer who has made a claim for a rebate shall, if required to do so by the Minister, produce for examination on behalf of the Minister any or all such registers, cards, wages sheets, other records of wages and records of employment which may contain particulars of the employment of the employee or employees concerned with the employer and which are in the custody of the employer or under his control.

WEEKLY PAYMENTS.

6. A claim for weekly payments shall be made on either of the forms set out in Schedule 2 and shall be made to the Employment Exchange or Employment Office in the area in which the claimant resides.

7. A claim for weekly payments shall be accompanied by—

( a ) a redundancy certificate in relation to the redundancy for which weekly payments are claimed, save in a case where the Minister directs that the certificate is not required,

( b ) in a case where the employee's redundancy card has not already been furnished to the relevant Employment Exchange or Employment Office, the redundancy card, and

( c ) such evidence (if any) of identity as the Minister may require.

8. A claim for weekly payments shall be made within the two weeks immediately following the termination of the period of employment on which the entitlement to the weekly payment is based, or, if the person concerned obtains other employment before he has received all the weekly payments to which he was entitled, within two weeks following the commencement of any subsequent period of unemployment.

9. Where a claimant for weekly payments satisfies the Minister that there was good cause for his failure to claim weekly payments in the time prescribed in paragraph (8), the claim may, at the discretion of the Minister, be treated as if it had been made within that time or be accepted as from a later date.

10. Weekly payments shall be made at the Employment Exchange or Employment Office of the area in which the employee concerned resides on the same day as payments under the Social Welfare Act, 1952 , are made at that office.

11. A claim for weekly payments may be made by post and, in any case where the Minister is satisfied that such an arrangement is necessary or desirable, weekly payments may be made by post.

SCHEDULE 1

R.P. 3.

AN RONIN SAOTHAIR—DEPARTMENT OF LABOUR

REDUNDANCY PAYMENTS ACT, 1967

NOTES :

A. Before completing this form please refer to the explanatory leaflet for the guidance of employers.

B. The claim for rebate and a copy of the redundancy certificate must be sent to the local Employment Exchange or Employment Office within six months from the date on which the lump sum payment was made to the employee.

EMPLOYER'S CLAIM FOR REBATE FROM THE REDUNDANCY FUND

I certify that the employees whose names are listed overleaf (and on continuation sheets numbered

   to  )

(i) ceased employment on the dates shown in column (6) in each case ;

(ii) were paid lump sums in accordance with the terms of the Redundancy Payments Act, 1967 , as shown in the receipt portion of the attached copies of redundancy certificates and that these redundancy certificates are true copies of the certificates given to the employees concerned.

I understand that in order to establish my right to any rebate it may be necessary for you to refer to information given by me to the Revenue Commissioners and other Government departments and I hereby give my consent to the disclosure of such information for this purpose only.

I also certify that none of the redundancy payments to which this claim refers is awaiting the decision of an Appeals Tribunal.

I claim rebate amounting to £....................................and declare that no other claim for rebate has been made in respect of the service of these employees between the dates shown in columns (6) and (7).

CLAIM FOR REBATE FROM THE REDUNDANCY FUND

MEN/WOMEN (Delete as appropriate. Use separate sheets for Men and Women).

FOOTNOTES: A. The amount of a week's pay should be calculated according to schedule 3 of the Act—see explanatory booklet.

B. The claim for rebate should be in accordance with the provisions of the Act—see explanatory booklet.

R.P.4.

SCHEDULE 2

POSTAL CLAIM FOR A WEEKLY REDUNDANCY PAYMENT.

NOTE : This form must be signed by an insured person claiming a Weekly Payment from the Redundancy Fund in respect of termination of employment by reason of redundancy, and when completed, should, with the Redundancy Certificate be lodged at the local Employment Exchange, or Office, without delay.

I declare that (i) I am the rightful holder of a Redundancy Certificate in respect of the employment mentioned.

(ii) I am unemployed and unable to obtain suitable employment.

(iii) I have given true and correct answers to the questions on this claim form.

R.P.5.

1. CLAIM FOR A WEEKLY REDUNDANCY PAYMENT

CLAIM FOR BALANCE OF REDUNDANCY PAYMENT

I hereby claim unpaid balance of Redundancy Payment due to me in respect of the employment, particulars of which are set out at Part I of this form.

GIVEN under my Official Seal, this 9th day of January, 1968.

P. S. Ó h-IRIGHILE,

Minister for Labour.

EXPLANATORY NOTE.

The purpose of these Regulations is to prescribe that forms provided by the Minister must be used by employers when claiming rebates on lump-sum payments and by employees when claiming weekly payments under the Redundancy Payments Act. The places at which the claims must be made, the procedures and the time limits for the making of the claims are also prescribed.

The Regulations also provide that claimants for rebates must, if required to do so by the Minister, produce evidence relating to the claims.