Tuesday, 12 March 2013

Questions (348)

Eric J. Byrne

Question:

348. Deputy Eric Byrne asked the Minister for Social Protection if he will investigate the reason it took nine years for a person (details supplied) in Dublin 12 to receive their rebate from her Department in respect of their last remaining employee who was made redundant in 2003; if she will agree to pay the person the interest lost on the refund over the nine years; and if she will make a statement on the matter. [13024/13]

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Written answers (Question to Social)

Responsibility for the processing of claims under the redundancy payments scheme transferred from the Department of Jobs, Enterprise & Innovation (DJEI) to the Department of Social Protection in January 2011.

In April 2012 a Chartered Accountant, acting on behalf of company concerned contacted the Department in regard to a redundancy rebate claim in respect of a redundancy which occurred in 2003.

I understand that the forms which should have been submitted in 2003 in order to apply for a redundancy payment were as follows: RP1 - Notification of redundancy; RP2 - calculation of Redundancy and Declaration of receipt of payment and RP3 - Redundancy Application Form.

On foot of the query raised a review of the Department’s records was undertaken and the information found indicates that an RP2 form may have been submitted at the time of redundancy. However, there is no record of receipt of an actual redundancy rebate claim form (RP3).

I am advised that a claim would not have been considered as valid at that time until receipt of all the above detailed forms. I am further advised that the documentation submitted in April 2012 included a copy of the RP2 form only. Despite searches undertaken, it is regretted that it is not possible to ascertain whether or not original RP1 or RP3 forms were submitted in 2003.

Notwithstanding the above, the Department took into account the significant timeframe since the redundancy occurred and has accepted the bona fides of the company’s stated position on this matter, namely, that a valid redundancy rebate claim was submitted in 2003. In so doing, the Department has acted in good faith and promptly investigated the matter following contact from the accountant in April 2012. On the basis of the documentation provided to my Department at that time, a redundancy rebate payment was authorised and payment issued by cheque to the company concerned on 4th September 2012.

The Redundancy Payments Acts 1967 to 2013 do not contain any provisions enabling a payment to be made in respect of lost interest.

Question No. 349 withdrawn.