Redundancy Payments Act, 1967

SCHEDULE 1

Weekly Payments from the Redundancy Fund

Section 30 .

1. Subject to paragraph 2, the amount of a weekly payment shall be equivalent to 50 per cent. of the employee's normal weekly remuneration.

2. The total amount being paid to a person in a week in respect of the following—

a weekly payment, unemployment benefit under the Social Welfare Acts, 1952 to 1966, disability benefit under those Acts, maternity allowance under those Acts, unemployment assistance under the Unemployment Assistance Acts, 1933 to 1966,

shall not exceed 90 per cent. of that person's normal weekly remuneration; provided that a person shall not receive in respect of unemployment benefit, disability benefit, maternity allowance or unemployment assistance less than that to which that person would, but for this Act, have been entitled.

3. Subject to paragraph 2, weekly payment shall, in the case of a person entitled to unemployment benefit, disability benefit, maternity allowance or unemployment assistance, be paid to that person in addition to such benefit.

4. A weekly payment shall not be paid to a person entitled thereto until the expiration of the period of two weeks beginning on the date of the termination of his employment and shall not be paid in respect of that two-week period.

5. A weekly payment shall not be paid to a person in respect of any period unless during that period that person was not gainfully employed and the fact that he was not so employed could not reasonably be attributed to that person's own failure or refusal to seek or accept suitable gainful employment.

6. A person entitled to a weekly payment shall, subject to paragraph 7, be paid one weekly payment in respect of each year of continuous employment after he has attained the age of sixteen years (as calculated in accordance with Schedule 3) with the employer who dismissed him by reason of redundancy.

7. In calculating years of continuous employment for the purpose of paragraph 6, each period of two such years during the whole of which the person entitled to the weekly payment was 41 years of age or older shall be reckoned as three completed years of continuous employment.

8. Whenever a person who has received a weekly payment obtains employment he shall not receive any further weekly payments; provided that if he subsequently becomes unemployed, is laid-off, or is absent from work through sickness and is by reason of such absence entitled to disability benefit under the Act of 1952, he shall, subject to paragraph 5, thereupon become eligible for the weekly payments which stood unpaid when he obtained that employment.

9. Whenever a person entitled to a weekly payment obtains employment before the expiration of the two-week period mentioned in paragraph 4 he shall not receive a weekly payment; provided that if he subsequently becomes unemployed, is laid-off, or is absent from work through sickness and is by reason of such absence entitled to disability benefit under the Act of 1952, he shall, subject to paragraph 5, thereupon become entitled to the weekly payments to which he would have become entitled had he not obtained employment in that two-week period.

10. Nothing in this Schedule shall be construed as conferring on an employee a right to more than one weekly payment in respect of any one week or part of a week.

11. Normal weekly remuneration shall for the purposes of this Schedule be calculated in accordance with paragraphs 13 to 23 of Schedule 3.

12. Where a person's entitlement to a weekly payment is applicable to part of a week only, the payment in respect of that part of a week shall be calculated by reference to one-sixth of the full weekly payment for each day, excluding Sunday, in that part of the week.

13. Notwithstanding anything in paragraph 5, 8 or 9, a person who is undergoing a course of training arranged or approved by An Chomhairle Oiliúna shall not be disentitled to receive a weekly payment for the period of such training on the ground only that he is ineligible to receive unemployment benefit or unemployment assistance for that period.

14. A person shall not be entitled to a weekly payment unless he is normally resident within the State.