Protection of Employees (Employers' Insolvency) Act, 1984
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Transfer to Minister of certain rights and remedies. |
10.—(1) Where, in pursuance of section 6 of this Act, the Minister makes any payment to an employee in respect of any debt to which that section applies, any rights and remedies of the employee in respect of that debt (or, if the Minister has paid only part of it, in respect of that part) shall, on the making of the payment, become rights and remedies of the Minister. | |
(2) Without prejudice to the generality of subsection (1) of this section, where rights and remedies become, by virtue of subsection (1) of this section, rights and remedies of the Minister, there shall be included amongst them any right to be paid in priority to all other debts under— | ||
(a) section 4 of the Preferential Payments in Bankruptcy (Ireland) Act, 1889; or | ||
(b) section 285 , as amended by section 10 of the Companies (Amendment) Act, 1982, of the Companies Act, 1963 , | ||
and the Minister shall be entitled to be so paid in priority to any other unsatisfied claim of the employee concerned being a claim which, but for this subsection, would be payable to the employee in such priority; and in computing for the purposes of any of the provisions of the said section 4 or the said section 285, as so amended, any limit on the amount of sums to be paid, any sums paid to the Minister shall be treated as if they had been paid to the employee. | ||
(3) Where in pursuance of section 7 of this Act the Minister makes any payment into the resources of an occupational pension scheme in respect of any contributions to the scheme, any rights and remedies in respect of those contributions belonging to the persons competent to act in respect of the scheme shall, on the making of the payment, become rights and remedies of the Minister. | ||
(4) Any sum recovered by the Minister in exercising any right or pursuing any remedy which is his by virtue of this section shall be paid into the Redundancy and Employers' Insolvency Fund. |