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Proceedings for benefit lost by employer's default.
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35.—(1) Where an employer has failed or neglected—
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(a) to pay any employment contribution which under this Act he is liable to pay in respect of an employed contributor in his employment, or
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(b) to comply, in relation to any such employed contributor, with any requirement of this Act or regulations which relates to the payment or collection of employment contributions,
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and by reason thereof the employed contributor or any other person has lost, in whole or in part, any benefit to which he would have been entitled, such contributor or other person shall be entitled to recover from the employer as a simple contract debt in any court of competent jurisdiction a sum equal to the amount of the benefit so lost.
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(2) Where an employed contributor or other person has lost benefit in a case referred to in subsection (1) of this section and has not taken proceedings under that subsection, the Minister may, in the name of and on behalf of such contributor or other person, recover from the employer as a simple contract debt in any court of competent jurisdiction a sum equal to the amount of the benefit lost.
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(3) Proceedings may be taken under this section notwithstanding that proceedings have been taken under any other provision of this Act in respect of the same failure or neglect.
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