S.I. No. 113/1979 - Redundancy (Rebates and Weekly Payments) Regulations, 1979.

S.I. No. 113 of 1979.

REDUNDANCY (REBATES AND WEEKLY PAYMENTS) REGULATIONS, 1979.

I, GENE FITZGERALD, Minister 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, 1979.

2. In these Regulations—

"the Acts" means the Redundancy Payments Acts, 1967 to 1979;

" the Minister" means the Minister for Labour;

"rebate" has the meaning assigned to it by section 29 of the Redundancy Payments Act, 1967 (No. 21 of 1967).

3. Regulations 3 to 5, 7 (b), 8 and 9 of the Redundancy (Rebates and Weekly Payments) Regulations, 1968 ( S.I. No. 11 of 1968 ), and the Redundancy (Rebates and Weekly Payments) (Amendment) Regulations, 1969 ( S.I. No. 134 of 1969 ), are hereby revoked.

4. A claim for a rebate shall be made—

( a ) by the employer on the form set out in the Schedule to these Regulations,

( b ) to the Minister for Labour addressed to his office, in Dublin,

( c ) before the expiration of six months from the date on which the employer made the relevant lump sum payment or, where a claimant proves that there was good cause for his failure to make the claim before the expiration of that period, within such further period as the Minister may in any particular case or class of cases allow, and

( 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, except that where in a particular case a claimant proves to the satisfaction of the Minister that that copy cannot be produced the Minister may, at his discretion, accept in lieu of the certificate such other evidence as he thinks fit of the payment of the lump sum.

5. 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.

6. 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.

SCHEDULE

R.P. 3

AN ROINN SAOTHAIR—DEPARTMENT OF LABOUR

EMPLOYER'S CLAIM FOR REBATE FROM THE REDUNDANCY FUND

REDUNDANCY PAYMENTS ACTS, 1967 to 1979

NOTES:

A. Before completing this form please refer to explanatory booklet. The use of block capitals will facilitate processing. In the case of signature of employer the name may be repeated in block capitals beneath the signature.

B. A claim for rebate must be sent to the Minister for Labour addressed to his office in Dublin within six months of the date of payment of the redundancy lump sum. It must be accompanied by the copy of the redundancy certificate on which the employee has signed the receipt for the redundancy lump sum. Early lodgement of claims will facilitate processing.

To the Minister for Labour:—

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 (5) in each case;

(ii) in accordance with the terms of the Redundancy Payments Acts, 1967 to 1979, were paid lump sums for which they have signed receipts on 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 (4) and (5).

CLAIM FOR REBATE FROM THE REDUNDANCY FUND

FOOTNOTE: The amount of a week's pay should be calculated according to schedule 3 of the Act of 1967 as amended. Regard should be had to ceiling on normal weekly remuneration for lump sum calculation purposes.

GIVEN under my Official Seal, this 5th day of April, 1979.

GENE FITZGERALD,

Minister for Labour.

EXPLANATORY NOTE.

The purpose of these regulations is to prescribe that a form provided by the Minister must be used by employers when claiming rebates on lump-sum payments. The place at which the claims must be made, the procedures and the time limit 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.

The regulations revoke some of the regulations dealing with procedures in respect of redundancy weekly payments.