Protection of Employees (Employers’ Insolvency) Act 1984

Complaints to Tribunal.

9

9. F69 [ (1) A person who has applied for a payment

(a) under section 6 of a debt described in subparagraph (i), (ii) or (iv) of subsection (2)(a) of that section, or

(b) to be made under section 7 of this Act into the resources of a pension scheme,

may present a complaint to the Director General that

(i) the Minister has failed to make such payment, or

(ii) any such payment made by the Minister is less than the amount that the Minister is required to pay under section 6 or 7, as may be appropriate. ]

F70 [ (1A) The Director General shall refer a complaint presented to him or her under subsection (1) for adjudication by an adjudication officer.

(1B) An adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the decision by the Minister in relation to the application to which the complaint relates.

(1C) An adjudication officer may entertain a complaint to which this section applies presented to the Director General after the expiration of the period referred to in subsection (1B) (but not later than 6 months after such expiration) if he or she is satisfied that the failure to present the complaint within that period was due to reasonable cause. ]

(2) F71 [ ]

F69 [ (3) Where a claim for payment is made under section 6 or 7 and it appears to the Minister that a doubt exists as to whether or not such claim is allowable (in whole or in part), he may refer any matter arising in connection with the claim to the Director General, and the Director General shall refer the matter for adjudication by an adjudication officer. ]

(4) Where on the hearing of a complaint presented under this section the F69 [ adjudication officer ] finds that the Minister is liable to make a payment under section 6 or 7 of this Act, F69 [ he ] shall make a declaration to that effect and shall specify in the declaration the amount of such payment.

(5) F71 [ ]

F70 [ (6) In this section

adjudication officer has the same meaning as it has in the Act of 2015; and

Director General means the Director General of the Workplace Relations Commission. ]

Annotations:

Amendments:

F69

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 81(3)(a), (c), (d), S.I. No. 410 of 2015, subject to transitional provision in subs. (4).

F70

Inserted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 81(3)(b), (e), S.I. No. 410 of 2015, subject to transitional provision in subs. (4).

F71

Deleted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 81(3)(f), S.I. No. 410 of 2015, subject to transitional provision in subs. (4).