S.I. No. 322/1979 - Redundancy (Resettlement Assistance) Regulations, 1979.

I, GENE FITZGERALD, Minister for Labour, in exercise of the power conferred on me by section 46 (1) (inserted by section 18 of the Redundancy Payments Act, 1971 (No. 20 of 1971)) of the Redundancy Payments Act, 1967 (No. 21 of 1967), and with the consent of the Minister for Finance, hereby make the following regulations:

General.

1. These Regulations may be cited as the Redundancy (Resettlement Assistance) Regulations, 1979, and shall be deemed to have come into operation on the 21st day of May, 1979.

2. In these Regulations "the Minister" means the Minister for Labour.

3. These Regulations shall apply to a person (whether single or married) whose normal place of residence is outside the State and who is obliged—

( a ) to change his normal place of residence to one in the State in order to take up employment offered or approved by the National Manpower Service, or

( b ) to travel

(i) for a test, arranged on his behalf by the National Manpower Service, of his suitability for training,

(ii) to undertake such training,

(iii) to attend, at the request of the National Manpower Service, an interview related to such training, or

(iv) for interview in connection with a possible new employment in the State.

4. A grant under these Regulations shall not be payable unless the Minister is satisfied that—

( a ) in the case of a person referred to in Regulation 3 (a), the person could not reasonably be expected to take up the employment offered or approved without having to change his normal place of residence to one in the State, and

( b ) in any case, there is a reasonable expectation that the employment offered or approved will be of a permanent nature.

Removal Grant.

5. (1) Subject to these Regulations, the Minister may make, to a person to whom these Regulations apply, a grant (hereinafter referred to as a removal grant) towards the cost of removal, from that person's normal place of residence to the place where the employment offered or approved exists, of that person's ordinary household furniture and household effects and of such furniture and effects of that person's dependants.

(2) The amount of a removal grant shall be a sum equal to 80 per cent of the said cost of removal or £275, whichever is the lesser sum.

(3) A removal grant shall not be made until the Minister has been furnished by the person concerned with evidence satisfactory to the Minister of the said cost of removal.

(4) A removal grant shall not be made to a person more than once in a period of two years, except where the Minister is satisfied that exceptional circumstances apply.

Residence Purchase Grant.

6. (1) For the purpose of this Regulation, "key post" means a post which in the opinion of the Minister is essential to the proper functioning of an enterprise, or the filling of which would in the opinion of the Minister be likely to lead to a significant increase in the numbers employed in an enterprise.

(2) The Minister may make to a person to whom these Regulations apply, and who has come from outside the State to take up employment in the State in a key post offered or approved by the National Manpower Service, a grant (hereinafter referred to as a residence purchase grant) towards the costs, other than legal fees or house agent's fees, incurred by that person in connection with the purchase of a residence in the area of the new employment.

(3) The amount of a residence purchase grant shall not exceed £2,000.

(4) A residence purchase grant shall not be made until the Minister has been furnished by the person concerned with evidence satisfactory to the Minister of the purchase of a residence.

(5) A residence purchase grant shall not be payable unless the said purchase is completed not later than two years from the date on which the person concerned takes up employment in the key post concerned.

Legal Grant.

7. (1) Subject to these Regulations, the Minister may make to a person to whom these Regulations apply and who, in the course of changing his normal place of residence in order to take up employment offered or approved by the National Manpower Service, has sold that residence and bought another residence or has either sold that residence or bought another residence, a grant (hereinafter referred to as a legal grant) towards the legal fees and house agent's fees incurred by that person in connection with such sale and purchase or sale or purchase.

(2) The amount of a legal grant shall be £275 or a sum equal to 80 per cent of the fees involved, whichever is the lesser sum.

(3) A legal grant shall not be made until the Minister has been furnished by the person concerned with evidence satisfactory to the Minister of the legal fees referred to in paragraph (1) of this Regulation.

(4) A legal grant shall not be payable unless the transactions to which it relates are completed not later than two years from the date on which the person concerned takes up the employment offered or approved.

Settling-in Grant.

8. (1) Subject to these Regulations, the Minister may make, to a person to whom these Regulations apply, a grant (hereinafter referred to as a settling-in grant) of not more than £185 upon the completion of the removal of the household to the place where the new employment offered or approved exists.

(2) A settling-in grant shall not be made unless—

( a ) the Minister is satisfied that expenses, other than those connected with the costs or fees as specified in Regulation 5, 6 or 7 have been incurred by the person concerned or by a dependant of such person, and

( b ) evidence satisfactory to the Minister of the said expenses has been furnished to the Minister.

Lodging Allowance.

9. (1) Subject to these Regulations, where a person to whom these Regulations apply has taken up employment in a place other than that where his normal place of residence is situated continues to maintain one or more than one dependant in the last-mentioned place or elsewhere than in the place of employment, the Minister may make to such person an allowance (in these Regulations referred to as a lodging allowance) in respect of that person's lodgings in the place where the employment exists.

(2) A lodging allowance shall not exceed £13 per week and shall not be payable in respect of a period later than six months after the date on which the employment commences.

(3) In determining the amount of a lodging allowance the Minister shall take into account the amount of any similar allowance paid to a person by his employer.

Travel Expenses.

10. (1) Where a person to whom these Regulations apply is obliged to travel for interview in connection with a possible new employment in a place other than that where he has his normal place of residence, the Minister may, subject to these Regulations recoup to that person—

( a ) such travel and other expenses (subject to a maximum of £70 on each occasion) as have, in the opinion of the Minister, been reasonably incurred by that person in attending that interview, and

( b ) such travel and other expenses (subject to a maximum of £70) as have, in the opinion of the Minister, been reasonably incurred by that person's spouse in accompanying that person on not more than one occasion in connection with each possible new employment.

(2) Where a person has notified vacancies on his staff to the National Manpower Service and the Service is unable to fill them from within the State the travel and other expenses of each employee of the person travelling outside the State to interview applicants for the vacancies shall be recouped by the Minister if in his opinion it would result in a saving to the Exchequer when set against the cost of bringing the applicants to the State for interview, and such expenses shall be payable at the rate applicable to public servants.

(3) Where a person to whom these Regulations apply obtains new employment in the State, the Minister may, subject to these Regulations, recoup to that person such travel expenses (subject to a maximum of £70 or 80 per cent of such expenses, whichever is the lesser, in respect of each person and his dependants) as have, in the opinion of the Minister, been reasonably incurred by that person and his dependants in travelling to the place where the new employment exists.

(4) Where a person to whom these Regulations apply is obliged to travel for a test of suitability for training, arranged on his behalf by or with the approval of the National Manpower Service or to attend a course of training so arranged or to attend an interview at the request of the National Manpower Service, the Minister may, subject to these Regulations, recoup to that person such travel and other expenses (subject to a maximum of £70 per person) as have, in the opinion of the Minister, been reasonably incurred by that person in travelling to the place of such a test, course or interview.

(5) ( a ) Where a person is in receipt of a lodging allowance, the Minister may, subject to these Regulations, make to such person a grant or grants towards the costs of travel incurred by that person, on not more than six occasions in the period of six months starting on the date on which the person takes up the new employment concerned, for the purpose of visiting his normal place of residence.

( b ) A grant under this paragraph shall not exceed £35 in any month.

Miscellaneous.

11. Subject to Regulation 12, a removal grant or a settling-in grant shall not be payable to a person who has not completed the removal of his household furniture and effects in the period of one year starting on the date on which the employment concerned commenced.

12. Notwithstanding Regulation 11, in the case of a person to whom a legal grant or a residence purchase grant has been made, the Minister may extend the period of one year mentioned in that Regulation to two years.

13. (1) Notwithstanding anything in these Regulations, a grant under these Regulations shall not be payable more than once in a period of two years to a person to whom they apply, except where the Minister is satisfied that exceptional circumstances apply.

(2) Subparagraph (1) of this Regulation shall not apply to a person referred to in Regulation 3 (b) in respect of travel referred to in that Regulation.

14. The Redundancy (Resettlement Assistance) Regulations, 1974 ( S.I. No. 271 of 1974 ), are hereby amended by the substitution for Regulation 4 of Regulation 4 set out in the Table to this Regulation, and by the substitution for Regulation 10 of Regulation 10 set out in that Table.

TABLE.

4. These Regulations shall apply to a person (whether single or married) whose normal place of residence is in the State and who is obliged—

( a ) to change his normal place of residence in order to take up employment offered or approved by the National Manpower Service, or

( b ) to travel

(i) for a test, arranged on his behalf by the National Manpower Service, of his suitability for training,

(ii) to undertake such training,

(iii) to attend, at the request of the National Manpower Service, an interview related to such training, or

(iv) for interview in connection with a possible new employment in a place other than that where he has his normal place of residence.

10. (1) Where a person to whom these Regulations apply is obliged to travel for interview in connection with a possible new employment in a place other than that where he has his normal place of residence, the Minister may, subject to these Regulations recoup to that person such travel and other expenses (subject to a maximum of £40 on each occasion) as have, in the opinion of the Minister, been reasonably incurred by that person, or by both that person and his spouse jointly in attending that interview.

(2) Where a person to whom these Regulations apply obtains new employment in a place other than that where his normal place of residence is situated, the Minister may, subject to these Regulations, recoup to that person such travel expenses as have, in the opinion of the Minister, been reasonably incurred by that person and his dependants in travelling to the place where the new employment exists.

(3) Where a person to whom these Regulations apply is obliged to travel for a test of suitability for training, arranged on his behalf by or with the approval of the National Manpower Service or to attend a course of training so arranged or to attend an interview at the request of the National Manpower Service, the Minister may, subject to these Regulations, recoup to that person such travel and other expenses (subject to a maximum of £40 per person) as have, in the opinion of the Minister, been reasonably incurred by that person in travelling to the place of such a test, course or interview.

(4) ( a ) Where a person is in receipt of a lodging allowance, the Minister may, subject to these Regulations, make to such person a grant or grants towards the costs of travel incurred by that person, on not more than six occasions in the period of six months starting on the date on which the person takes up the new employment concerned, for the purpose of visiting his normal place of residence.

( b ) A grant under this paragraph shall not exceed £6 in any month.

GIVEN under my Official Seal, this 25th day of September, 1979.

GENE FITZGERALD,

Minister for Labour.

The Minister for Finance hereby consents to the above Regulations.

GIVEN under the Official Seal of the Minister for Finance this 25th

day of September, 1979.

SEOIRSE Ó COLLA,

Minister for Finance.

EXPLANATORY NOTE.

These regulations increase the grants payable under the Resettlement Assistance Scheme to workers coming from abroad.

They also provide for the payment of a new disturbance grant to key workers coming from abroad and, in certain circumstances, for the payment of travel expenses to employers to conduct interviews abroad.

They also limit the application of the Redundancy (Resettlement Assistance) Regulations 1974, to persons moving within the country.