asked the Minister for Labour (a) if, in relation to redundancy claim 397/72, it was claimed by his Department, after the death of the husband, that the widow should not be paid 46 weekly payments from the fund on the grounds that her late husband failed or refused to seek or accept suitable gainful employment; (b) the amount involved; (c) the decision; and (d) if he will make the necessary amendment to Schedule I of the Act to cover this case.
Written Answers. - Redundancy Claim.
193.
In the case referred to in the question the employee concerned was paid a lump sum under the Redundancy Payments Acts, 1967 and 1971 of £1,025.80 on 13th October, 1971. He also became entitled, subject to satisfaction subsequently of the usual qualifying conditions prescribed in the Acts, to 52 redundancy weekly payments. The employee died on 30th November, 1971, by which time he had satisfied the necessary qualifying conditions for 5½ weekly payments, of which 4? had been paid. The remaining ?th weekly payment due at the time of the employee's death was paid to his widow.
An application by the widow for payment of the 46½ weekly payments to which her late husband had established a preliminary entitlement but for which he had not finally qualified at the time of his death was considered by a deciding officer under the Redundancy Payments Acts. The deciding officer decided, in accordance with the provisions of the Acts and specifically having regard to paragraph 5 of Schedule 1 of the 1967 Act as amended by the 1971 Act, the weekly payments in respect of the period after the employee's death were not allowable. This decision was upheld, on appeal by the widow, by the Redundancy Appeals Tribunal. Under section 39 of the Redundancy Payments Act, 1967, the decision of the tribunal on any question referred to it shall be final and conclusive, save that any person dissatisfied with the decision may appeal therefrom to the High Court on a question of law.
The maximum possible amount involved in the 46½ weekly payments would have been £1,192.72.
I am not contemplating an amendment of the Redundancy Payments Acts so as to provide for additional weekly payments in cases of this kind. Without prejudice to any decisions that may be taken in the future on amendments to the Acts, I would remind the House that the intention of the weekly payments provisions of the Acts is to maintain the incomes of employees in periods of unemployment and sickness following redundancy.