Redundancy Payments Act 1967
F76[Covid-19 related lay-off payment
32A.—(1) This section applies to an employee—
(a) who is entitled to a redundancy payment under section 7,
(b) whose entitlement to a lump sum payment under section 19 arises during the period beginning on 13 March 2020 and ending on 31 January 2025, and
(c) who was laid off during the period beginning on 13 March 2020 and ending on 31 January 2022 due to the effect of measures required to be taken by his or her employer in order to comply with, or as a consequence of, Government policy to prevent, limit, minimise or slow the spread of infection of Covid-19.
(2) An employer, on behalf of an employee to whom this section applies, may apply to the Minister for a payment in respect of any periods of lay-off referred to in subsection (1)(c) in the manner determined by the Minister.
(3) If an employer refuses or fails to apply to the Minister on the employee’s behalf for a payment under subsection (2), the employee may apply to the Minister for the payment.
(4) For the purposes of determining an application under this section, a deciding officer may, by notice in writing, require the employer or the employee, as the case may be, to provide such information or documents as are specified in the notice that, in the deciding officer’s opinion, are required for the purpose of determining whether the employee is entitled to a payment under this section.
(5) The notice under subsection (4) shall specify the period, which may be extended by the deciding officer for good reason, within which the information or documents shall be provided.
(6) If, on an application under this section, the Minister is satisfied that the employee is entitled to a payment under this section, the Minister shall pay the sum to the employee out of the Social Insurance Fund.
(7) The amount of a payment under this section is the difference between—
(a) the amount of the lump sum payable under section 19 or 32, and
(b) the amount of the lump sum determined under subparagraph 1 of Schedule 3 as if any periods of lay-off during the period referred to in subsection (1)(c) were included in the calculations of reckonable service within the meaning of Schedule 3.
(8) Where the amount of a payment payable to an employee under this section is disallowed or reduced by virtue of a revised decision of a deciding officer under section 41, any payment, or part of a payment, paid under the original decision shall be repayable by the employee to the Social Insurance Fund.
(9) The Minister may by regulations provide for the method of recovery of an amount repayable by an employee under subsection (8).]
Inserted (19.04.2022) by Redundancy Payments (Amendment) Act 2022 (3/2022), s. 2, S.I. No. 174 of 2022.