S.I. No. 82/1974 - Redundancy Payments (Weekly Payments and Lump Sum) Order, 1974.

S.I. No. 82 of 1974.

REDUNDANCY PAYMENTS (WEEKLY PAYMENTS AND LUMP SUM) ORDER, 1974.

I, MICHAEL O'LEARY, Minister for Labour, in exercise of the powers conferred on me by Sections 19 and 30 of the Redundancy Payments Act, 1967 (No. 21 of 1967), hereby make the following order with respect to which, pursuant to section 5 of that Act, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:

1. This Order may be cited as the Redundancy Payments (Weekly Payments and Lump Sum) Order, 1974.

2. This Order shall come into operation on the 1st day of April, 1974.

3. In this Order—

"the Act of 1971" means the Redundancy Payments Act, 1971 (No. 20 of 1971);

"the Principal Act" means the Redundancy Payments Act, 1967 (No. 21 of 1967).

4. Paragraph 2 of Schedule 1 to the Principal Act, as amended by the Act of 1971, is hereby amended—

( a ) by the insertion after "the Unemployment Assistance Acts, 1933 to 1970,", of "pay-related supplement under the Social Welfare (Pay-Related Benefit) Act, 1973 (No. 2 of 1973),", and

( b ) by the substitution of "100 per cent", for "90 per cent.",

and that paragraph, as so amended, is set out in the Table to this paragraph.

TABLE

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

A weekly payment, unemployment benefit under the Social Welfare Acts, 1952 to 1970, disability benefit under those Acts, maternity allowance under those Acts, unemployment assistance under the Unemployment Assistance Acts, 1933 to 1970, pay-related supplement under the Social Welfare (Pay-Related Benefit) Act, 1973 (No. 2 of 1973), or, (in the case of a person normally resident in Northern Ireland) a weekly payment, unemployment benefit under the National Insurance Acts (Northern Ireland) 1966 to 1970, sickness benefit under those Acts, maternity allowance under those Acts, supplementary benefit under the Supplementary Benefits Acts (Northern Ireland) 1966 to 1969,

shall not exceed 100 per cent of that person's normal weekly remuneration; provided that a person shall not receive in respect of unemployment benefit, disability or sickness benefit, maternity allowance, unemployment assistance or supplementary benefit less than that to which that person would, but for this Act, have been entitled.

5. Paragraph 3 of Schedule 1 to the Principal Act, as amended by the Act of 1971, is hereby amended by the substitution for "or unemployment assistance", of "unemployment assistance or pay-related supplement under the Social Welfare (Pay-Related Benefit) Act, 1973 (No. 2 of 1973),", and that paragraph, as so amended, is set out in the Table to this paragraph.

TABLE

3. Subject to paragraph 2, weekly payment shall, in the case of a person entitled to unemployment benefit, disability benefit, maternity allowance, unemployment assistance or pay-related supplement under the Social Welfare (Pay-Related Benefit) Act, 1973 (No. 2 of 973), be paid to that person in addition to such benefit.

6. Schedule 1 to the Principal Act, as amended by the Act of 1971, is hereby amended by the insertion of the following paragraph after paragraph 7:

"7A. A person entitled to a weekly payment whose employment is terminated after the commencement of the Redundancy Payments (Weekly Payments and Lump Sum) Order, 1974 shall, in addition to his entitlement under paragraphs 6 and 7 be paid one weekly payment in respect of each year of continuous employment during the whole of which that person was 51 years of age or older.".

7. Schedule 3 to the Principal Act, as amended by the Act of 1971, is hereby amended by the insertion of the following paragraph after paragraph 2:

"2A. Notwithstanding any other provision of this Schedule, that part of a person's earnings in excess of £2,500 per annum shall not be taken into account for the purpose of assessing entitlement to redundancy payment.".

GIVEN under my Official Seal, this 26th day of March 1974.

MICHAEL O'LEARY

Minister for Labour.

EXPLANATORY NOTE.

The purpose of this order is to provide that:

( a ) the limit on payments of unemployment benefit, unemployment assistance, disability benefit, maternity allowance and pay related supplement together with weekly redundancy payments shall be increased to 100 per cent of pre-redundancy pay.

( b ) the duration of weekly payments shall be extended by the addition of one extra weekly redundancy payment for each year of service after the age of 51 years.

( c ) the redundancy payment entitlement shall be calculated only on the first £2,500 p.a. of an employee's income, any income in excess of £2,500 being disregarded.