Tom Hayes (Tipperary South, Fine Gael)
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Question 50: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the reason an application in respect of a person (details supplied) for payment of redundancy from the social insurance fund has not been processed; and if she will make a statement on the matter. [48218/09]

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. I can confirm that my Department received a statutory lump sum application for the individual concerned on 7 April, 2009, claiming inability to pay on behalf of the employer.

In this case, as in all cases where the employer claims inability to pay the employee(s) statutory redundancy, the Department requires the employer to provide sufficient proof to substantiate the claim. This includes providing the latest set of audited accounts for the company as well as certification from the company's Accountant or Solicitor attesting to the fact that the employer has insufficient assets to pay the redundancy entitlements. Providing this documentation is submitted and is in order, the Department pays the employee(s) directly from the Social Insurance Fund.

In this case, supporting information required from the employer was not provided to my Department. The employee has been advised by my Department to take a case to the Employment Appeals Tribunal (EAT) against the employer to seek a determination establishing the employee's right and entitlement to redundancy. Once such a determination is available, this allows the Department to make payment to the employee concerned. Should the outstanding documentation be provided by the employer during the period while the case is pending a hearing before the EAT, this would allow the claim to be processed by my Department in the usual way. This is the uniform procedure adopted by my Department in relation to all claims received where the Employer is unable to pay the statutory redundancy entitlements.