CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 44 Supplementary provisions as to applications under s.42.

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CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 44

Supplementary provisions as to applications under s.42.

44.(1) Subsections (2) and (3) shall have effect where

(a)a claim is made for a rebate on the grounds that an employer is liable to
pay, and has paid, an employer's payment, or prior notice that such a claim
may arise is given in accordance with regulations made under section 40(4)(b),
or

(b)an application is made to the Ministry for a payment under section 42,
where it is claimed that an employer is liable to pay an employer's payment.

(2) Where any such claim or application is made or such prior notice is given,
there shall be referred to a tribunal, in accordance with regulations made
under Part IV,

(a)any question as to the liability of the employer to pay the employer's
payment;

(b)in a case falling within paragraph (a) of subsection (1), any question as
to the amount of the rebate payable in accordance with Schedule 6;

(c)in a case falling within paragraph (b) of subsection (1), any question as
to the amount of the sum payable in accordance with Schedule 7;

(3) Section 19(2) shall apply for the purposes of any reference under the
preceding provisions of this section as it applies for the purposes of
references under Part II.

[(3A) Where, in any case to which section 40(2A) applies, the Department
refuses to pay a rebate, the employer may appeal to a tribunal; and if on any
such appeal the tribunal is satisfied that it is just and equitable having
regard to all the relevant circumstances that a rebate should be paid, the
tribunal shall determine accordingly, and the Department shall comply with any
such determination of a tribunal.]

(4) In any case where the Ministry withholds, or reduces the amount of, a
rebate in pursuance of section 40(6) or section 42(4), the employer may appeal
to a tribunal; and if on any such appeal the tribunal is satisfied

(a)in a case where the rebate was withheld, that it should be paid in full, or
should be reduced instead of being withheld, or

(b)in a case where the rebate was reduced, that it should not be reduced, or
should be reduced by a smaller or larger proportion than that which
the Ministry has applied,

References and appeals to tribunals relating to payments out of fund.

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Northern Irish Legislation

CONTRACTS OF EMPLOYMENT AND REDUNDANCY PAYMENTS ACT (NORTHERN IRELAND) 1965 - SECT 44