The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990

Quantification of amounts for purposes of insolvency payments

16.—(1) Articles 42 and 43 of the Industrial Relations (Northern Ireland) Order 1976(1) (payments by the Department on insolvency of employer) shall be amended as follows.

(2) In Article 42 (payment to employee of certain unpaid debts of employer), the following paragraph shall be substituted for paragraph (9)—

“(9) If the Department is satisfied that it does not require such a statement in order to determine the amount of the debt that was owed to the employee on the relevant date and remains unpaid, it may make a payment under this Article in respect of the debt without having received such a statement.”.

(3) In Article 43 (payment of unpaid contributions to occupational or personal pension scheme), the following paragraph shall be substituted for paragraph (9)—

“(9) If the Department is satisfied—

(a) that it does not require a statement under paragraph (7) in order to determine the amount of relevant contributions that was unpaid on the date on which the employer became insolvent and remains unpaid; or

(b) that it does not require a certificate under paragraph (8) in order to determine the amounts payable, paid or deducted as mentioned in paragraphs (3)(a) and (c) and (5),

it may make a payment under this Article in respect of the contributions in question without having received such a statement or (as the case may be) such a certificate.”.

(1)

1989 NI 19