Employment and Training Act (Northern Ireland) 1950

5 Payments towards cost of removal and resettlement of workers. N.I.

(1) Subject to the approval of the Ministry of Finance, the [F1 Department] may, for the purposes of its functions under section one of this Act, make provision by way of grant or loan or otherwise—

(a) for facilitating the removal of any persons, with or without their dependants, to or from any place in Northern Ireland for the purpose of obtaining employment;

(b) for the maintenance and welfare of persons so removed in the course of their removal or pending their resettlement, and, in the case of persons removed to any place in Northern Ireland, for their resettlement;

(c) where any persons removed as aforesaid for the purpose of obtaining employment fail to obtain employment, or employment obtained by persons so removed comes to an end, for facilitating the further removal of those persons, with or without their dependants, to any place whether in Northern Ireland or elsewhere.

(2) Where an industrial undertaking (in this sub-section referred to as “the new undertaking”) is being established in Northern Ireland by way of extension of, or in connection with, or by way of the transfer of the whole or part of, another industrial undertaking, wherever carried on, and on an application made in that behalf the [F2 Department] is satisfied—

(a) that the new undertaking is likely to create employment in Northern Ireland; and

(b) that the transfer of any person to employment in the new undertaking from employment in the other undertaking will facilitate the establishment of the new undertaking;

the [F2 Department] may for the purposes of this section treat—

(i)

such transfer of employment as if it were the obtaining of employment; and

(ii)

the cesser of employment of that person in the new undertaking as if it were the coming to an end of employment, notwithstanding that such cesser is for the purpose of enabling that person to continue in employment elsewhere.

(3) Where any payment by way of loan has been made by the [F3 Department] under this section to or in respect of any person, [F4 who satisfies the contribution conditions set out in[F5 paragraph 1 or 2 of Schedule 3 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992]], on account of expenses of travelling to any place for the purpose of obtaining employment, [F6 the Department of Health and Social Services] may, whether or not that person obtains employment at that place, repay out of the Northern Ireland National Insurance Fund such part of the advance as may be prescribed by regulations made by [F6 the Department of Health and Social Services] with the consent of the Ministry of Finance; and except as provided by the following provisions of this section, any sum so repaid out of the Northern Ireland National Insurance Fund shall not be recoverable from the person to whom the loan was made.

(4) If, in the event of employment being found for a person to or in respect of whom any such payment as is mentioned in the last foregoing sub-section has been made, that person either fails without reasonable excuse to enter on that employment, or within seven days of entering on it, leaves that employment without reasonable excuse, the sum repaid under the last foregoing sub-section out of the Northern Ireland National Insurance Fund may be recovered from him or deducted from any unemployment benefit, sickness benefit [F4 invalidity benefit or retirement pension under[F5 the Social Security Contributions and Benefits (Northern Ireland) Act 1992]], which may thereafter become payable to him.

(5) Any sums recoverable under the last foregoing sub-section may, without prejudice to any other remedy, be recovered by the [F7 Department] summarily as a civil debt and any sums recovered under that sub-section shall be paid into the Northern Ireland National Insurance Fund.

F1 Word in s. 5(1) substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 30(a) (with art. 9(2))

F2 Word in s. 5(2) substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 30(b) (with art. 9(2))

F3 Word in s. 5(3) substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 30(c) (with art. 9(2))

F4 1973 c. 38

F5 1992 c. 9

F6 1974 c. 4 (NI)

F7 Word in s. 5(5) substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 30(d) (with art. 9(2))