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S.I. No. 222/1984 - Redundancy (Rebates) Regulations, 1984.

S.I. No. 222 of 1984.

REDUNDANCY (REBATES) REGULATIONS, 1984.

I, RUAIRÍ QUINN, Minister for Labour, in exercise of the power 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, 1984, and shall come into operation on the 3rd day of September, 1984.

2. In these Regulations—

"the Acts" means the Redundancy Payments Acts, 1967 to 1979;

"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 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 and Weekly Payments) Regulations, 1979 ( S.I. No. 113 of 1979 ), are hereby revoked.

GIVEN under my Official Seal, this 21st day of August, 1984.

RUAIRÍ QUINN,

Minister for Labour.

EXPLANATORY NOTE.

The purpose of these regulations is to prescribe that a form provided by the Minister must be used by employers when claiming rebates on lump-sum payments. 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 relating to the claims.

FORM RP 3

EMPLOYER'S CLAIM FOR REBATE FROM THE REDUNDANCY FUND

REDUNDANCY PAYMENTS ACTS 1967 TO 1984 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

Figures

Letter

EMPLOYER'S PAYE REGISTERED NUMBER

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BUSINESS NAME OF EMPLOYER

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BUSINESS ADDRESS

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|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|

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To the Minister for Labour :-

I certify that the employees whose names are listed overleaf (and on continuation sheets number 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 1979, 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 employess 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.

SIGNATURE OF EMPLOYER ____________________________

_____________

DATE

POSITION HELD IN COMPANY ____________________________

CLAIM FOR REBATE FROM THE REDUNDANCYFUND

Employee's Revenue and Social Insurance (RSI) Number

Employee's

Amount of Rebate Claimed

Surname

First name