6.—(1) If, on an application made to him in the prescribed form by or on behalf of an individual, the Minister is satisfied that—

(a) the person by or on whose behalf the application is made (which person is in this section subsequently referred to as “the applicant”) is a person to whom this Act applies, and that he was employed by an employer who has become insolvent, and

(b) the date on which the employer became insolvent is a day not earlier than the 22nd day of October, 1983, and

(c) on the relevant date the applicant was entitled to be paid the whole or part of any debt to which this section applies,

the Minister shall, subject to this section, pay to or in respect of the applicant out of F36[the Social Insurance Fund] the amount which, in the opinion of the Minister, is or was due to the applicant in respect of that debt.

F88[(1A) Where an application under subsection (1) relates to an employer deemed insolvent under section 4E or 4F, the application shall be accompanied by a statutory declaration of the applicant stating that all particulars in the application are true to the best of the applicant’s knowledge and belief. ]

F88[(1C) Where—

(a) an application under subsection (1) relates to an amount referred to in subparagraph (i), (ii), (iii)(III) or (iv) of subsection (2)(a), and

(b) the employer disputes the amount, or any part of the amount, under section 4D(3)(b), the Minister shall not pay the disputed amount or the disputed part of the amount, as the case may be, under subsection (1).]

(2)(a) Subject to paragraph (b) of this subsection, the following are debts to which this section applies—

(i) any arrears of normal weekly remuneration in respect of a period, or of periods in the aggregate, not exceeding eight weeks, and to which the applicant became entitled during the relevant period,

(ii) any arrears due, in respect of a period or periods not exceeding eight weeks in all under a scheme or arrangement which, forming part of an employee’s contract of employment, provides or is capable of providing in relation to employees in any description of employment, payments payable to any such employees in respect of periods during which they are unable to fulfil their contract of employment due to ill health and to which the applicant became entitled during the relevant period,

F37[(iii) F38[at the election of the employee, one of the following]—

(I) any amount which an employer is required to pay, by virtue of an award under section 12 of the Act of 1973 made not earlier than the commencement of the relevant period, either for the period of notice required by section 4 of the Act of 1973 or by reason of a failure by that employer to give the notice required by F38[the said section 4,]

(II) any unpaid normal weekly remuneration certified by the relevant officer as being the amount of normal weekly remuneration due to the employee in lieu of the statutory notice prescribed in section 4 of the F38[Act of 1973, or]]

F88[(III) in the case of an employer deemed insolvent under section 4E or 4F, any unpaid normal weekly remuneration due to the employee in lieu of the statutory notice prescribed in section 4 of the Act of 1973,]

(iv) any holiday pay in respect of a period or periods of holiday not exceeding eight weeks in all, and to which the applicant became entitled during the relevant period,

F39[(v) any amount which an employer is required to pay by virtue of—

(I) a determination under section 8 (1) or 9 (1) or an order under section 10 (2) of the 1977 Act, or

F40[(II) a decision, determination or order under Part V of the Maternity Protection Act, 1994, Part IV of the Parental Leave Act, 1998, or Part 4 of the Carer’s Leave Act, 2001,]]

(vi) any amount to which a recommendation under section 8 (1) of the Act of 1977 relates, being a recommendation which was made not earlier than the commencement of the relevant period,

(vii) any amount which an employer is required to pay by virtue of an employment regulation order within the meaning of Part IV of the Industrial Relations Act, 1946, being an amount by reference to which proceedings have been instituted against the employer for an offence under section 45 (1) of that Act,

(viii) any amount—

(I) specified in a recommendation issued under section 7 (3) of the Act of 1974, or section 19 (3) of the Employment Equality Act, 1977,

(II) which an employer is required to pay by virtue of a decision or determination of an appeal by the Labour Court under subsection (1) of section 8 of the Act of 1974 or subsection (2) of section 21 of the Employment Equality Act, 1977 or, where appropriate, a decision of the High Court given by virtue of either subsection (3) of the said section 8 or subsection (4) of the said section 21, F41[or

(III) which an employer is required to pay by virtue of a decision, determination or order of a court falling within section 103(3) of the Employment Equality Act, 1998,]

(ix) damages awarded under section 24 (3) (a) of the Employment Equality Act, 1977,

(x) a fine imposed under section 8 (4) (c) (i) or paragraph (a) (inserted by section 30 of the Employment Equality Act, 1977) of section 9 (3) of the Act of 1974 or under section 25 (3) (a) (iii) or 26 (3) (a) (iii) of the Employment Equality Act, 1977, F42[…]

(xi) compensation directed to be paid under section 10 (1) (d) (inserted by section 31 of the Employment Equality Act, 1977) or section 10 (3) (a) (inserted by the said section 31) of the Act of 1974 or under section 26 (1) (d) (iii) of the F43[Employment Equality Act, 1977,]

F44[(xii) any amount which an employer is required to pay by virtue of the National Minimum Wage Act, 2000, being an amount by reference to which proceedings have been instituted against the employer for an offence under section 35 of the National Minimum Wage Act, 2000, and]

F44[(xiii) any amount which an employer is required to pay by virtue of—

(I) a decision of a rights commissioner under section 26 of the National Minimum Wage Act, 2000, or

(II) a determination of the Labour Court under section 29 of the National Minimum Wage Act, 2000,

and made, in any case, not earlier than the commencement F45[of the relevant period,]]

F46[(xiv) any amount which an employer is required to pay by virtue of a decision by way of order by a rights commissioner under section 6(2) of the Act of 1991 or a determination by the Employment Appeals Tribunal under section 7(1) of the Act of 1991 and made, in any case, not earlier than the commencement of the relevant period, provided that a claim in respect of the amount to which the decision or determination refers has not been made under another provision of this section,

(xv) any amount which an employer is required to pay by virtue of a recommendation by way of order by a rights commissioner under section 7(2)(d) of the Act of 1994 or a determination by the Employment Appeals Tribunal under section 8(1) or section 8(6)(a) of the Act of 1994 and made, in any case, not earlier than the commencement of the relevant period,

(xvi) any amount which an employer is required to pay by virtue of a recommendation by a rights commissioner under section 18(2) of the Act of 1996 or a determination by the Employment Appeals Tribunal under subsection (1) or (6) of section 19 of the Act of 1996 and made, in any case, not earlier than the commencement of the relevant period,

(xvii) any amount which an employer is required to pay by virtue of a decision by a rights commissioner under section 27(2) of the Act of 1997 or a determination by the Labour Court under subsection (1) or (8) of section 28 of the Act of 1997 and made, in any case, not earlier than the commencement of the relevant period,

(xviii) any amount which an employer is required to pay by virtue of a decision by a rights commissioner under section 4(4) of the Act of 1998 or a determination by the Employment Appeals Tribunal under subsection (1) or (6)(a) of section 8 of the Act of 1994 as amended and extended by section 4(6)(b) of the Act of 1998 and made, in any case, not earlier than the commencement of the relevant period,

(xix) any amount which an employer is required to pay by virtue of a decision by a rights commissioner under section 16(1) of the Act of 2001 or a determination by the Labour Court under subsection (1) or (8) of section 17 of the Act of 2001 and made, in any case, not earlier than the commencement of the relevant period,

(xx) any amount which an employer is required to pay by virtue of a decision by a rights commissioner under section 14(1)(b) of the Act of 2003 or a determination by the Labour Court under subsection (1)(b) or (8) of section 15 of the Act of 2003 and made, in any case, not earlier than the commencement of the relevant period,

(xxi) any amount which an employer is required to pay by virtue of a decision by a rights commissioner under Regulation 6(1) of the European Communities (Protection of Employment) Regulations 2000 (S.I. No. 488 of 2000) or a determination by the Employment Appeals Tribunal under subsection (1) or (6)(a) of section 8 of the Act of 1994 as amended and extended by the same Regulations and made, in any case, not earlier than the commencement of the relevant period,

(xxii) any amount which an employer is required to pay by virtue of a decision by a rights commissioner under Regulation 10(4)(b) of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) or a determination by the Employment Appeals Tribunal under regulation 11(1)(b) of the same regulations and made, in any case, not earlier than the commencement of the relevant period,

(xxiii) any amount which an employer is required to pay by virtue of a decision by a rights commissioner under paragraph 4 of the Third Schedule to the Act of 2002 or a determination by the Employment Appeals Tribunal under subsection (1) or (6)(a) of section 8 of the Act of 1994 as amended and extended by paragraph 6(b) of the Third Schedule to the Act of 2002 and made, in any case, not earlier than the commencement of the relevant period,

(xxiv) any amount which an employer is required to pay to an employee in respect of remuneration by virtue of a registered employment agreement within the meaning of Part III of the Industrial Relations Act 1946, being an amount by reference to which an order of the Labour Court has been made under section 32(1)(b) of that Act or section 10(1)(b) of the Act of 1969, or proceedings have been instituted under section 54(1) of the Act of 1990, F47[…]

(xxv) any amount which an employer is required to pay to an employee in respect of remuneration by virtue of a decision of a rights commissioner under subsection (4)(b) of section 9 of the Act of 2004 or a determination by the Labour Court under subsection (1)(b) of section 10 of the F48[Act of 2004, F49[…]]]

F50[F51[(xxvi) any amount that an employer is required to pay by virtue of a decision of a rights commissioner under paragraph 1 (2) of Schedule 2 to the Protection of Employees (Temporary Agency Work) Act 2012 or a determination by the Labour Court under paragraph 2(1) of that Schedule.]]

F52[(xxvii) any amount which an employer is required to pay by virtue of a decision of a rights commissioner under paragraph 1(2)(b) of Schedule 2 to the Act of 2011 or a determination by the Labour Court under paragraph 2(1)(b) of F53[that Schedule, F54[…]]]

F55[(xxviii) any amount which an employer is required to pay by virtue of a decision of a rights commissioner under paragraph 1(2)(b) of Schedule 4 to the Property Services (Regulation) Act 2011 or a determination by the Labour Court under paragraph 2(1) of F57[that Schedule, F58[…]]]

F59[(xxix) any amount which an employer is required to pay by virtue of a decision of a rights commissioner under section 45A(2)(b) of the Industrial Relations Act 1946 or a determination by the Labour Court under section 45B(1)(b) of F60[that Act, F61[…]]]

F62[(xxx) any amount which an employer is required to pay by virtue of a decision of a rights commissioner under paragraph 1(2)(b) of Schedule 5 to the Central Bank (Supervision and Enforcement) Act 2013 or a determination by the Labour Court under paragraph 2(1)(b) of F56[that Schedule, F63[…]]]

F64[(xxxi) any amount which an employer is required to pay by virtue of a decision of a rights commissioner under paragraph 1(2)(b) of Schedule 2 to the Protected Disclosures Act 2014 or a determination by the Labour Court under paragraph 2(1)(b) of F65[that Schedule, and]

F66[(xxxii) any amount that an employer within the meaning of the Act of 2015 is required to pay by virtue of a decision of an adjudication officer or the Labour Court under Part 4 of that Act.]]

(b) Any amount, damages, fine or compensation referred to in subparagraph (viii), (ix), (x) F67[(xi), (xiv), (xv), (xvi), (xvii), (xviii), (xix), (xx), (xxi), (xxii), (xxiii), (xxiv)F68[, (xxv) or F69[, (xxvi) F70[, (xxvii) F71[, (xxviii) F72[, (xxix) F56[, (xxx) F65[, (xxxi) or (xxxii)]]]]]]]] of paragraph (a) of this subsection shall be regarded as being a debt to which this section applies if, and only if, the relevant recommendation, decision, determination, award or order was made during, or after the expiration of, the relevant period.

F73[(c) A payment shall not be made under this section in respect of a debt referred to in subparagraph (xiv), (xv), (xvi), (xvii), (xviii), (xix), (xx), (xxi), (xxii), (xxiii) F74[, (xxv) F69[, (xxvi) F70[, (xxvii) F71[, (xxviii) F72[, (xxix) F56[, (xxx)F65[, (xxxi) or (xxxii)]]]]]]] of paragraph (a) of this subsection until the period for making an appeal against—

F65[(i) the decision or recommendation, as appropriate, of the rights commissioner, or the decision of the adjudication officer under Part 4 of the Act of 2015,]

(ii) the determination of the Employment Appeals Tribunal or the Labour Court, as appropriate,

has expired, or any such appeal made has been withdrawn or determined.]

(3) Where—

(a) legal proceedings are instituted by or on behalf of an employee and on foot of all or any of the following—

(i) a claim for arrears described in subparagraph (i) or (ii) of subsection (2) of this section,

(ii) a claim for holiday pay described in subparagraph (iv) of the said subsection (2),

(iii) a claim for damages at common law for wrongful dismissal,

an award is made by the court in favour of the employee, and

(b) had the employee made an application under subsection (1) of this section in respect of any of the matters referred to in subparagraph (i), (ii) or (iii) of paragraph (a) of this subsection he would have satisfied the requirements of paragraphs (a), (b) and (c) of the said subsection (1),

F75[subject to paragraphs (a) and (aa) of subsection (4)] of this section, there shall be paid out of F76[the Social Insurance Fund], to or in respect of the employee, an amount equal to—

(i) the amount of the award, or

(ii) the maximum which would have been payable out of the said Fund by virtue of this Act had the employee successfully sought redress under section 8 (1) or 9 (1) of the Act of 1977.

(4) F38[(a) An amount payable to an employee in respect of any debt mentioned in subsection (2) or award mentioned in subsection (3) shall not exceed €600 in respect of any one week.

(aa) Where, in relation to a debt mentioned in subsection (2) or award mentioned in subsection (3)—

(i) the normal weekly remuneration of an employee to whom the debt or award is payable exceeds the euro amount specified in paragraph (a),

(ii) the debt or award relates to a period other than one week, or

(iii) the debt or award is not expressed in relation to a period of time, the amount payable to the employee in respect of the debt or award—

(I) shall, in relation to a debt referred to in any of the following provisions of subsection (2)(a):

(A) subparagraph (i);

(B) subparagraph (ii);

(C) clause (II) or (III) of subparagraph (iii);

(D) subparagraph (iv),

be calculated in accordance with the following formula:

C(A/B)

where—

"A" is the amount of the debt mentioned in subsection (2) or the amount of the award mentioned in subsection (3), as the case may be,

"B" is the normal weekly remuneration of the employee, and

"C" is the euro amount specified in paragraph (a),

(II) shall be calculated in accordance with the following formula where the remuneration of the employee is recorded in the written record:

C(A/B)

where—

"A" is the amount of the debt mentioned in subsection (2) or the amount of the award mentioned in subsection (3), as the case may be,

"B" is the remuneration per week so recorded or, where the remuneration so recorded relates to a period other than a week, an amount bearing the same proportion to the remuneration recorded as the period of time to which the remuneration recorded relates bears to a week, and

"C" is the euro amount specified in paragraph (a), and

(III) shall be calculated in accordance with the following formula where the written record does not record the remuneration of the employee:

C(A/B)

where—

"A" is the amount of the debt mentioned in subsection (2) or the amount of the award mentioned in subsection (3), as the case may be,

"B" is the normal weekly remuneration of the employee, and

"C" is the euro amount specified in paragraph (a).

(ab) In this section—

(i) a reference to the euro amount specified in paragraph (a) shall, where such amount stands varied by regulation under section 11(5), be read as a reference to the amount as so varied, and

(ii) a reference to the written record shall be read, in relation to a debt mentioned in subsection (2) or award mentioned in subsection (3), as a reference to the written recommendation, decision, determination, award or order, as the case may be, relating to the debt or award.]

(b) An amount payable under this section in respect of a debt mentioned in subsection (2) (a) (ii) of this section as regards a particular period, shall not exceed the difference between the amount of any disability benefit or injury benefit payable under the Act of 1981 to the employee concerned as regards the period (together with, in either case, the amount of any pay-related benefit payable to such employee under the Act of 1981 as regards the period) and F75[the lesser of—

(i) the amount of the employee’s normal weekly remuneration as regards the period, or

(ii) the amount that would, but for this section, be payable to the employee in accordance with paragraph (a) or (aa), as the case may be.]

(c) (i) A payment shall not be made under this section in respect of an amount which an employer is required to pay by virtue of a determination having been made under section 8 (1) or 9 (1) of the Act of 1977, unless—

(I) if proceedings are instituted under section 10 of the Act of 1977, the proceedings are withdrawn, or

(II) in case an appeal is brought under section 10 (4) of the Act of 1977 from the determination, the appeal has been either withdrawn or determined, or

(III) in case there is no such appeal, the time for bringing such an appeal has expired.

(ii) A payment shall not be made under this section in respect of an amount to which a recommendation under section 8 (1) of the Act of 1977 relates unless—

(I) in case an appeal from the recommendation is brought under section 9 (1) of the Act of 1977, the appeal is withdrawn, or

(II) in case there is no such appeal, the time for bringing such an appeal has expired.

(iii) A payment shall not be made under this section as regards a recommendation referred to in subsection (2) (a) (viii) (I) of this section unless—

(I) in case an appeal is brought under section 8 (1) (a) of the Anti-Discrimination (Pay) Act, 1974, or section 21(1) of the Employment Equality Act, 1977, against the recommendation, the appeal is withdrawn, or

(II) in case there is no such appeal, the time for bringing such an appeal has expired.

F77[F78[(iv) a payment shall not be made under this section in respect of an amount to which a decision under Part V of the Maternity Protection Act, 1994, Part IV of the Parental Leave Act, 1998, or Part 4 of the Carer’s Leave Act, 2001, relates unless—]

(I) in case an appeal from the decision to the Tribunal is brought under the Part in question, the appeal is withdrawn, or

(II) in case there is no such appeal, the time for bringing such an appeal has expired.

F79[F80[(v) a payment shall not be made under this section in respect of an amount to which a determination under Part V of the Maternity Protection Act, 1994, Part IV of the Parental Leave Act, 1998, or Part 4 of the Carer’s Leave Act, 2001, relates unless—]

(I) in case an appeal from the decision or determination is brought under that Part, the appeal is withdrawn, or

(II) in case there is no such appeal, the time for bringing such an appeal has expired.]]

F81[(vi) A payment shall not be made under this section in respect of an amount to which a decision or determination under any provision of the Employment Equality Act, 1998, applies unless—

(I) in case an appeal from the decision or determination is brought under that Part, the appeal is withdrawn, or

(II) in case there is no such appeal, the time for bringing such an appeal has expired.

F82[(vii) A payment shall not be made under this section in respect of an amount to which a decision of a rights commissioner under section 26 of the National Minimum Wage Act, 2000, relates unless—

(I) in case an appeal from the decision to the Labour Court is brought under section 27 of that Act, the appeal is withdrawn, or

(II) in case there is no such appeal, the time for bringing such an appeal has expired.

(viii)A payment shall not be made under this section in respect of an amount to which a determination under section 29 of the National Minimum Wage Act, 2000, relates unless—

(I) in case an appeal from the determination is brought to the High Court under section 30 of that Act, the appeal is withdrawn, or

(II) in case there is no appeal, the time for bringing an appeal has expired.]]

(5) The provisions of subsections (6) and (7) of this section shall apply in a case where a relevant officer is either appointed or required to be appointed.

(6) Subject to subsection (7) of this section, the Minister shall not in a case which is a case referred to in subsection (5) of this section make any payment under this section in respect of any debt until he has received a statement in the prescribed form from the relevant officer of the amount of that debt which appears to have been owed to the employee on the relevant date and to remain unpaid; and the relevant officer shall, on a request being made in that behalf, by the Minister, provide him, as soon as is reasonably practicable, with such a statement.

(7) Where—

(a) a period of six months has elapsed since the application for a payment under this section was received by the Minister, but no such payment has been made,

(b) the Minister is satisfied that a payment under this section should be made, and

(c) it appears to the Minister that there is likely to be further delay before he receives a statement referred to in subsection (6) of this section regarding the debt in question,

then, the Minister may, if the applicant so requests, or if the Minister thinks fit, without such a request, make a payment under this section notwithstanding the fact that no such statement has been received.

(8) Where an application is made to the Minister under this section and in relation to any or each of the debts to which the application relates, the Minister is satisfied that—

(a) there was an agreement between the applicant and the employer concerned that the whole or any part of the debt would be the subject of an application under this section, and

(b) when the agreement was made such employer had the means to pay such debt or the part thereof,

the Minister may either refuse the application or disallow it in so far as it relates to such debt or part.

(9) In this section—

“normal weekly remuneration” has the meaning assigned to it by Schedule 3 to the Act of 1967 for the purposes of that Schedule save that any reference in that Schedule to the date on which an employee was declared redundant may, where appropriate, be construed as including F75[a reference to the relevant date or, where the relevant date falls after the date of termination of employment, the date of termination of employment];

“the relevant date” means—

(a) in relation to a debt which is an amount, damages, fine or compensation referred to in F83[subparagraph (iii)(I),] (v), (vi), (viii), (ix), F84[(x), (xi), (xiii), (xiv), (xv), (xvi), (xvii), (xviii), (xix), (xx), (xxi), (xxii), (xxiii), (xxiv) F85[, (xxv) F69[, (xxvi) F70[, (xxvii) F71[, (xxviii) F72[, (xxix) F56[, (xxx) F65[, (xxxi) or (xxxii)]]]]]]]] of subsection (2) (a) of this section, the date on which the relevant employer became insolvent or the date on which the relevant recommendation, decision, determination, award or order is made, whichever is the later,

F86[(aa) in relation to a debt referred to in subparagraph (iii)(II), the date of termination of employment,]

F87[(ab) in relation to an employer deemed insolvent under section 4E, the date on which notice is served on the employer under section 4A, ]

(b) in relation to any other debt to which this section applies—

(i) in case the relevant applicant’s employment is terminated as a result of the relevant employer’s insolvency, the date on which such employer became insolvent, or the date of such termination, whichever such applicant shall as regards the debt nominate, or

(ii) in any other case, the date on which such employer became insolvent;

“the relevant period” means in relation to a debt to which this section applies, the period of eighteen months immediately preceding the relevant date.

(10) No reference in subsection (3) of this section to an award shall be construed as including a reference to any amount allowed as regards costs.