Redundancy Payments Act 1971

Rebates to employers from Redundancy Fund.

13

13.The following section is hereby substituted for section 29 of the Principal Act:

“29. (1) Subject to this Part, the Minister shall make from the Redundancy Fund to an employer who pays a lump sum a payment (in this Part referred to as a rebate) of such sum as is equivalent in amount to—

( a) where the lump sum does not exceed twenty times the relevant normal weekly remuneration calculated in accordance with Schedule 3—55 per cent. of the lump sum,

( b) where the lump sum exceeds twenty times the relevant normal weekly remuneration as so calculated—the aggregate of the following—

(i) 55 per cent. of the product obtained by multiplying by twenty the relevant normal weekly remuneration,

(ii) the amount by which the lump sum exceeds the said product.

(2) An employer who gives to the Minister a copy of a notice under section 17 on a date which is three weeks or more before the date of dismissal shall be entitled to the rebate referred to in subsection (1) increased, for each week's notice in excess of the period required by section 17—

( a) in the case of a lump sum falling within subsection (1)(a), by 2½ per cent. of the lump sum; provided that a rebate shall not in any case exceed such sum as is equivalent in amount to 70 per cent. of the said lump sum; and

( b) in the case of a lump sum falling within subsection (1) ( b), by 2½ per cent. of that portion of the lump sum referred to in subsection (1) ( b) (i); provided that a rebate shall not in any case exceed such sum as is equivalent in amount to 70 per cent. of the said portion of the lump sum.

(3) Notwithstanding subsection (1), whenever an employer fails to comply with any provision of section 17, the Minister may, at his discretion—

( a) in the case of a lump sum falling within subsection (1) ( a), reduce the amount of rebate payable in respect of that lump sum; provided that the amount of the rebate when so reduced shall not in any case be less than 45 per cent. of the said lump sum, and

( b) in the case of a lump sum falling within subsection (1) ( b), reduce the amount of rebate payable in respect of that portion of the lump sum referred to in subsection (1) ( b) (i); provided that the amount of the rebate when so reduced shall not in any case be less than 45 per cent. of the said portion of the lump sum.

(4) Where an employer gives an employee notice under section 17 and sends a copy of the notice to the Minister, any period after the date of the proposed dismissal as set out in that notice during which the employee voluntarily remains in the employment of the employer concerned and continues to be paid his normal remuneration by the employer shall be taken into account in the calculation, for the purposes of subsection (2), of the rate of rebate payable to that employer.”.