REDUNDANCY PAYMENTS ACT 1967

Rebates to employers from the Redundancy Fund.

29

29. F62 [ (1) Subject to this Part, the Minister shall make from the F63 [ Social Insurance Fund ] a payment to an employer of such sum (in this Part referred to as a rebate) as is equivalent in amount to F64 [ 15 per cent ] of each lump sum paid by that employer under section 19.

(2) Notwithstanding subsection (1), whenever an employer fails to comply with any provision of section 17, the Minister may at his discretion reduce the amount of the rebate payable in respect of the lump sum paid under section 19 to that employer, but the amount of rebate when so reduced shall not be less than F64 [ 5 per cent ] of the lump sum.

(3) The Minister may by regulation, made with the consent of the Minister for Finance, vary a rate of rebate specified in this section. ]

F65 [ (4) Where an employer makes a claim for a rebate on or after 1 January 2012 in respect of a lump sum payment paid to an employee under section 19 and the date of dismissal by reason of redundancy, referred to in section 19, occurs before 1 January 2012

( a ) subsection (1) shall be read as if 60 per cent were substituted for 15 per cent , and

( b ) subsection (2) shall be read as if 40 per cent were substituted for 5 per cent .

(5) Where an employer makes a claim for a rebate on or after 1 January 2012 in respect of a lump sum payment paid to an employee under section 19 in respect of an employee to whom section 12 applies and

( a ) the date of the notice of intention to claim, referred to in section 12(1)( b ), or

( b ) the date of the termination of the contract of employment of the employee concerned, referred to in section 12(2),

occurs before 1 January 2012

(i) subsection (1) shall be read as if 60 per cent were substituted for 15 per cent , and

(ii) subsection (2) shall be read as if 40 per cent were substituted for 15 per cent . ]

F66 [ (6) Notwithstanding the provisions of this Act, a rebate shall not be made to an employer in respect of a lump sum payment paid to an employee under section 19

( a ) where the dismissal by reason of redundancy, referred to in section 19, or

( b ) in respect of an employee to whom section 12 applies, where

(i) the date of the notice of intention to claim, referred to in section 12(1)( b ), or

(ii) the date of the termination of the contract of employment of the employee concerned, referred to in section 12(2),

occurs on or after 1 January 2013. ]

Annotations:

Amendments:

F62

Substituted (6.04.1979) by Redundancy Payments Act 1979 (7/1979), s. 6, S.I. No. 95 of 1979.

F63

Substituted (1.05.1990) by Social Welfare Act 1990 (5/1990), s. 26(c) and table, commenced as per s. 31.

F64

Substituted (1.01.2012) by Social Welfare Act 2011 (37/2011), s. 15(1)(a), (b), commenced as per s. 15(2).

F65

Substituted and inserted (1.01.2012) by Social Welfare Act 2011 (37/2011), s. 15(1)(c), commenced as per s. 15(2).

F66

Inserted (1.01.2013) by Social Welfare Act 2012 (43/2012), s. 18, commenced as per s. 18(2).

Modifications (not altering text):

C12

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 21 of 1967

Redundancy Payments Act 1967

Sections 29, 39(10) and (13), 46 and 56(2) and (3)

...

...

...

Editorial Notes:

E51

Previous affecting provision: section substituted (1.09.1971) by Redundancy Payments Act 1971 (20/1971), s. 13, S.I. No. 230 of 1971; subsequently substituted as per F-note above.