Joe Carey (Clare, Fine Gael)
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Question 74: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if assistance will be given in expediting redundancy payments in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [35430/09]

Dara Calleary (Mayo, Fianna Fail)
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My Department administers the Social Insurance fund (SIF) in relation to redundancy matters on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF – rebates to those employers who have paid statutory redundancy to eligible employees and, statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation.

The Redundancy Payments Section of my Department received a statutory lump sum application for the individual concerned in November, 2008, claiming inability to pay on behalf of the employer. When an employer claims inability to pay, the onus is on the employer to provide to the Department proof by way of financial statements/certification by an Accountant/Solicitor in order to substantiate the claim. In this case, the company has not responded to requests from the Department seeking the submission of supporting documentation. Unfortunately, in such instances, the Department can not pay out on claims in the absence of such evidence.

In cases of this nature where no progress can be made with the employer to provide the information required by the Department, the applicant is advised, as in this case, to take a case to the Employment Appeals Tribunal (EAT) to obtain a determination establishing the employee's right to redundancy. My Department understands that the individual in question has decided to go this route and is currently awaiting a hearing date with the Tribunal. If the EAT decides in favour of the individual's right to redundancy entitlement, the claim can then be processed by my Department.