Protection of Employees (Employers' Insolvency) Act, 1984

Complaints to Tribunal.

9.—(1) A person who has applied for a payment under section 6 of this Act of a debt described in subparagraph (i), (ii) or (iv) of subsection (2) (a) of that section may within the period of six weeks beginning on the day on which the decision of the Minister on the application was communicated to him or, if that is not reasonably practicable, within such further period as the Tribunal considers reasonable, present a complaint to the Tribunal that—

(a) the Minister has failed to make any such payment;

or

(b) any such payment made by the Minister is less than the amount which should have been paid.

(2) Any person who has applied for a payment to be made under section 7 of this Act into the resources of a pension scheme may, within the period of six weeks beginning on the day on which the decision of the Minister on that application was communicated to him, or, if that is not reasonably practicable, within such further period as the Tribunal considers reasonable, present a complaint to the Tribunal that—

(a) the Minister has failed to make any such payment;

or

(b) any such payment made by him is less than the amount which should have been paid.

(3) Where a claim for payment is made under section 6 or 7 of this Act and it appears to the Minister that a doubt exists as to whether or not such claim is allowable, either in whole or in part, he may refer any matter arising in connection with the claim to the Tribunal for a decision by it as regards the matter.

(4) Where on the hearing of a complaint presented under this section the Tribunal finds that the Minister is liable to make a payment under section 6 or 7 of this Act, it shall make a declaration to that effect and shall specify in the declaration the amount of such payment.

(5) Subsection (14) of section 39 of the Act of 1967 shall apply to a decision of the Tribunal on any matter referred to it under this section as it applies to a decision of the Tribunal on a question referred to it under that section.