S.I. No. 122/1990:

REDUNDANCY (REBATES) REGULATIONS, 1990.

REDUNDANCY (REBATES) REGULATIONS, 1990.

I, BERTIE AHERN, Minister for Labour, in exercise of the powers conferred on me by section 36 of the Redundancy Payments Act, 1967 (No. 21 of 1967), hereby make the following Regulations:

1. These Regulations may be cited as the Redundancy (Rebates) Regulations, 1990, and shall come into operation on the 23rd day of May, 1990.

2. In these Regulations

"the Acts" means the Redundancy Payments Acts, 1967 to 1990;

"the Minister" means the Minister for Labour;

"rebate" has the meaning assigned to it by section 29 of the Redundancy Payments Act, 1967 (No. 21 of 1967).

3. A claim for a rebate shall be made

( a ) by the employer in the form set out in the Schedule to these Regulations (or a form substantially to the like effect) and shall contain the appropriate particulars referred to in that form,

( b ) to the Minister for Labour addressed to his office, in Dublin,

( c ) before the expiration of six months from the date on which the employer made the relevant lump sum payment or, where a claimant proves that there was good cause for his failure to make the claim before the expiration of that period, within such further period as the Minister may in any particular case or class of cases allow, and

( d ) in writing and accompanied by the copy of the redundancy certificate on which the employee concerned has signed a receipt for the lump sum payment, except that where in a particular case a claimant proves to the satisfaction of the Minister that that copy cannot be produced the Minister may, at his discretion, accept in lieu of the certificate such other evidence as he thinks fit of the payment of the lump sum.

4. An employer who has made a claim for a rebate shall, if required to do so by the Minister, produce evidence of the following matters

( a ) the period of continuous employment of the employee concerned, with the employer,

( b ) the normal weekly remuneration of the employee concerned,

( c ) the numbers of employees employed on material dates by the employer, and

( d ) the receipt by the employee concerned of the lump sum in respect of which the rebate is claimed.

5. An employer who has made a claim for a rebate shall, if required to do so by the Minister, produce for examination on behalf of the Minister any or all such registers, cards, wages sheets, other records of wages and records of employment which may contain particulars of the employment of the employee or employees concerned with the employer and which are in the custody of the employer or under his control.

6. The Redundancy (Rebates) Regulations, 1984 ( S.I. No. 222 of 1984 ) are hereby revoked.

SCHEDULE

Form RP3

EMPLOYERS CLAIM FOR REBATE FROM THE SOCIAL INSURANCE FUND REDUNDANCY PAYMENTS ACTS 1967 TO 1990.

AN ROINN SAOTHAIR DEPARTMENT OF LABOUR.

Notes: Before completing this form please refer to explanatory booklet. A claim for rebate must be sent to the Minister for Labour addressed to his office in Dublin within six months of the date of payment of the redundancy lump sum. It must be accompanied by the copy of the Redundancy Certificate on which the employee has signed the receipt for the lump sum.

PLEASE COMPLETE THIS FORM IN BLOCK CAPITALS.

To the Minister for Labour:

I certify that the employees whose names are listed overleaf (and on continuation sheets numbers to)

(i) ceased employment on the dates on the attached Redundancy Certificates,

(ii) in accordance with the terms of the Redundancy Payments Acts, 1967 to 1990, were paid lump sums for which they have signed receipts on the attached copies of redundancy certificates and that these redundancy certificates are true copies of the certificates given to the employees concerned.

I understand that in order to establish my right to any rebate it may be necessary for you to refer to information given by me to the Revenue Commissioners and other Government Departments, and I hereby give my consent to the disclosure of such information for this purpose only. I also certify that none of the redundancy payments to which this claim refers is awaiting the decision of an Appeals Tribunal.

I claim rebate amounting to £ and declare that no other claim for rebate has been made in respect of the service of these employees between the dates of commencement and termination on the attached redundancy certificates.

RP3

Claim for Rebate from the Social Insurance Fund

GIVEN under my Official Seal this 11th day of May, 1990.

BERTIE AHERN,

Minister for Labour.

EXPLANATORY NOTE.

The purpose of these Regulations is to set out the procedures which must be followed by employers when claiming rebates on lump-sum payments consequent on the amalgamation of the Redundancy and Employers' Insolvency Fund with the Social Insurance Fund. The place at which the claims must be made, the procedures and the time limit for the making of the claims are also prescribed. The Regulations also provide that claimants for rebates must, if required to do so by the Minister, produce evidence in support of the claims.