INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976

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INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 22



22.(1) Subject to any regulations made under this Article, the Department
shall pay out of the Maternity Pay Fund to every employer who makes a claim
under this Article and who, being liable to pay, has paid maternity pay to an
employee, an amount equal to the full amount of maternity pay so paid [and of
the secondary Class 1 contributions paid in respect of that maternity pay] (in
this Article and Articles 25 and 26 referred to as a "rebate").

(2) The Department may if it thinks fit, and if it is satisfied that it would
be just and equitable to do so having regard to all the relevant
circumstances, pay such a rebate to an employer who makes a claim under this
Article and who has paid maternity pay to an employee in circumstances in
which, by reason of the time limit provided for in Article 18(2), a complaint
by the employee has been dismissed, or would not be entertained, by an
industrial tribunal.

(3) For the purposes of paragraphs (1) and (2), a payment of contractual
remuneration by an employer shall be treated as a payment of maternity pay to
the extent that, by virtue of Article 17(4)

(a)it extinguishes the employer's liability to pay maternity pay; or

(b)in a case falling within paragraph (2), it would extinguish that liability
if a complaint by the employee were not time-barred as described in that
paragraph.

(4) The Department shall make provision by regulations as to the making of
claims for rebates under this Article and such regulations may in particular

(a)require a claim to be made within such time limit as may be prescribed; and

(b)require a claim to be supported by such evidence as may be prescribed.

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Northern Irish Legislation

INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 22