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23.(1) Where an employee claims that her employer is liable to pay her maternity pay and (a)that she has taken all reasonable steps (other than proceedings to enforce a tribunal award) to recover payment from the employer; or (b)that her employer is insolvent (as defined in Article 47 of the No. 1 Order for the purposes of Articles 42 to 46 of that Order); (2) If the Department is satisfied that the claim is well-founded the Department shall pay the employee out of the Maternity Pay Fund the amount of the maternity pay which appears to the Department to be unpaid. (3) A payment made by the Department to an employee under this Article shall be treated for the purpose of discharging any liability of the employer to the employee as if it had been made by the employer.
© 1976 Crown Copyright
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