S.I. No. 248/1982:

REDUNDANCY (RESETTLEMENT ASSISTANCE) REGULATIONS, 1982.

REDUNDANCY (RESETTLEMENT ASSISTANCE) REGULATIONS, 1982.

I, GENE FITZGERALD, Minister for Labour, in exercise of the power conferred on me by section 46 (1) (inserted by section 18 of the Redundancy Payments Act, 1971 , (No. 20 of 1971)) of the Redundancy Payments Act, 1967 (No. 21 of 1967), and with the consent of the Minister for Finance, hereby make the following Regulations:

General.

1. These Regulations may be cited as the Redundancy (Resettlement Assistance) Regulations, 1982, and shall come into operation on the 1st day of August, 1982.

2. In these Regulations "the Minister" means the Minister for Labour.

3. For the purposes of these Regulations, "key post" means a post which in the opinion of the Minister

( a ) is essential to the proper functioning of an enterprise, or the filling of which would be likely to lead to a significant increase in the numbers employed in an enterprise, and

( b ) requires the exercise of a skill which is in short supply.

4. These Regulations apply to a person (whether single or married) whose normal place of residence is outside the State and who is obliged to change his normal place of residence to one in the State in order to take up a key post offered or approved by the National Manpower Service.

5. A grant under these Regulations shall not be payable unless the Minister is satisfied that there is a reasonable expectation that the employment offered or approved will be of a permanent nature.

Removal Grant.

6. (1) The Minister may make, to a person to whom these Regulations apply, a grant (hereinafter referred to as "a removal grant") towards the cost of removal, from that person's normal place of residence to the place where the employment offered or approved exists, of that person's ordinary household furniture and household effects and of such furniture and effects of that person's dependants.

(2) The amount of a removal grant shall be a sum equal to 80 per cent of the cost of removal (as specified in paragraph (1) of this Regulation) or £275, whichever is the lesser sum.

(3) A removal grant shall not be made until the Minister has been furnished by the person concerned with evidence satisfactory to the Minister of the cost of removal (as specified in paragraph (1) of this Regulation).

Legal Grant.

7. (1) The Minister may make to a person to whom these Regulations apply and who, in the course of changing his normal place of residence in order to take up employment offered or approved by the National Manpower Service, has sold that residence and bought another residence or has either sold that residence or bought another residence, a grant (hereinafter referred to as "a legal grant") towards the legal fees and house agent's fees incurred by that person in connection with such sale and purchase or sale or purchase.

(2) The amount of a legal grant shall be £275 or a sum equal to 80 per cent of the fees involved, whichever is the lesser sum.

(3) A legal grant shall not be made until the Minister has been furnished by the person concerned with evidence satisfactory to the Minister of the legal fees referred to in paragraph (1) of this Regulation.

(4) A legal grant shall not be payable unless the transactions to which it relates are completed not later than two years from the date on which the person concerned takes up the employment offered or approved.

Settling-in Grant.

8. (1) The Minister may make, to a person to whom these Regulations apply, a grant (hereinafter referred to as "a settling-in grant") of not more than £185 upon the completion of the removal of the household to the place where the new employment offered or approved exists.

(2) A settling-in grant shall not be made unless--

( a ) the Minister is satisfied that expenses, other than those connected with the costs or fees as specified or referred to in Regulation 6 or 7 have been incurred by the person concerned or by a dependant of such person, and

( b ) evidence satisfactory to the Minister of those expenses has been furnished to the Minister.

Lodging Allowance.

9. (1) Where a person to whom these Regulations apply has taken up employment in a place other than that where his normal place of residence is situated and continues to maintain one or more than one dependant in the last-mentioned place or elsewhere than in the place of employment, the Minister may make to such person an allowance (in these Regulations referred to as "a lodging allowance") in respect of that person's lodgings in the place where the employment exists.

(2) A lodging allowance shall not exceed £13 per week and shall not be payable in respect of a period later than six months after the date on which the employment commences.

(3) In determining the amount of a lodging allowance the Minister shall take into account the amount of any similar allowance paid to a person by his employer.

Travel Expenses.

10. (1) Where a person to whom these Regulations apply is obliged to travel for interview in connection with a possible new employment in a place other than that where he has his normal place of residence the Minister may, in respect of one such interview, recoup to that person--

( a ) such travel and other expenses (subject to a maximum of £70) as have, in the opinion of the Minister, been reasonably incurred by that person in attending that interview, and

( b ) such travel and other expenses (subject to a maximum of £70) as have, in the opinion of the Minister, been reasonably incurred by that person's spouse in accompanying that person on the occasion of that interview.

(2) Where a person to whom these Regulations apply obtains new employment in the State, the Minister may recoup to that person such travel expenses (subject to a maximum of £70 or 80 per cent of such expenses, whichever is the lesser, in respect of each person and his dependants) as have, in the opinion of the Minister, been reasonably incurred by that person and his dependants in travelling to the place where the new employment exists.

(3) ( a ) Where a person is in receipt of a lodging allowance, the Minister may make to such a person a grant or grants towards the costs of travel incurred by that person, on not more than six occasions in the period of six months starting on the date on which the person takes up the new employment concerned, for the purpose of visiting his normal place of residence.

(3) ( b ) A grant under this paragraph shall not exceed £35 in any month.

Disturbance Grant.

11. (1) The Minister may make, to a person to whom these Regulations apply, a grant (hereinafter referred to as "a disturbance grant") in addition to any other grant under these Regulations, towards the costs incurred by that person in changing his normal place of residence in order to take up employment offered or approved by the National Manpower Service.

(2) The amount of a disturbance grant shall not exceed £2,000.

(3) Where a grant or grants, is or are payable under any other Regulation of these Regulations in respect of the costs referred to in paragraph (1) of this Regulation, a disturbance grant shall be payable only in respect of the amount by which the expenses referrable to such other grant or grants exceed £2,000.

(4) A disturbance grant shall not be made until the Minister has been furnished by the person concerned with evidence satisfactory to the Minister of the costs referred to in paragraph (1) of this Regulation.

(5) A disturbance grant shall not be payable in respect of costs incurred later than two years from the date on which the person concerned takes up the employment offered or approved.

Miscellaneous.

12. Subject to Regulation 13, a removal grant or a settling-in grant shall not be payable to a person who has not completed the removal of his household furniture and effects in the period of one year starting on the date on which the employment concerned commenced.

13. Notwithstanding Regulation 12, in the case of a person to whom a legal grant has been made, the Minister may extend the period of one year mentioned in that Regulation to two years.

14. Notwithstanding anything in these Regulations, a grant under these Regulations shall not be payable more than once in a period of two years to a person to whom they apply, except where the Minister is satisfied that exceptional circumstances apply.

15. The Redundancy (Resettlement Assistance) Regulations, 1974 ( S.I. No. 271 of 1974 ), and the Redundancy (Resettlement Assistance) Regulations, 1979 ( S.I. No. 322 of 1979 ), are hereby revoked.

GIVEN under my Official Seal, this 28th day of July, 1982.

GENE FITZGERALD,

Minister for Labour.

The Minister for Finance hereby consents to the above Regulations.

GIVEN under the Official Seal of the Minister for Finance this 28th

day of July, 1982.

RAY MacSHARRY,

Tánaiste and Minister for Finance.

EXPLANATORY NOTE.

These Regulations replace the Redundancy (Resettlement Assistance) Regulations, 1974 ( S.I. No. 271 of 1974 ), and the Redundancy (Resettlement Assistance) Regulations, 1979 ( S.I. No. 322 of 1979 ) and have the effect of confining the scope of the Resettlement Assistance Scheme to key workers coming from outside the State.