Social Welfare (Consolidation) Act, 1981
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Payment of supplementary benefit by employers. [1942 IU, s. 32] |
255.—(1) Subject to this Part and to such directions as may be given by the Minister either generally or in any particular case, any amount or amounts of supplementary benefit to which an insured person becomes entitled shall be paid to him by his employer, and the insured person and his employer shall, in respect of each such payment, supply to the Minister such particulars, and complete and transmit such forms, including the insured person's acknowledgment of the amount received by him, as may be prescribed. | |
(2) An insured person who is not satisfied that the amount of supplementary benefit paid to him by his employer is the amount which he is entitled to receive under this Part or his employer, at his request, shall be entitled to apply to a deciding officer to determine, in accordance with the provisions of this Part relating to the determination of questions as to payment of supplementary benefit, the amount of supplementary benefit to which he is entitled. | ||
(3) Where a local officer or other person to whom a report in relation to the intermittent unemployment of an insured person has been sent in accordance with section 254 sends to the employer of the insured person a notification that he is not satisfied that the stoppage of work to which the report relates was due to inclement weather or that the other provisions of this Part governing the payment of supplementary benefit are fulfilled, or where in any case an employer is in doubt whether supplementary benefit is payable or as to the amount or rate of supplementary benefit payable, the employer shall forthwith apply to a deciding officer to determine the question in accordance with the provisions of this Part relating to determination of questions as to payment of supplementary benefit. | ||
(4) If in any case an insured person has not received payment of any supplementary benefit to which he believes he is entitled under this Part and is not satisfied that the question of his title to receive such benefit has been referred to a deciding officer under subsection (3), he shall be entitled either to request his employer so to refer it or himself to refer the question to a deciding officer for determination. | ||
(5) An employer who receives an insured person's request to refer a question of his title to supplementary benefit for a deciding officer's determination shall, unless he has already done so, forthwith refer the question to a deciding officer for determination. | ||
(6) Where in accordance with subsection (3) or subsection (4) any question has to be referred to a deciding officer, the insured person shall not be entitled to receive payment from his employer under subsection (1) unless and until it is determined by the deciding officer that he is so entitled, and the employer shall not make such payment pending such determination or except in accordance therewith. |