: The Act provides that claims are made through the person legally appointed to wind up the business (normally the Liquidator or Receiver), who will certify the claims from the records available, and submit them to the Insolvency Payments Section of the Department of Social Protection to be processed. The Liquidator or Receiver, once they have received the payments from the Department, then makes the payments to the employees
The scheme covers employees who are over 16 years of age and are in employment which is insurable for all benefits under the Social Welfare Acts at the date of termination of employment
A wage limit of €600 per week applies to all pay-related entitlements payable under the Scheme.
There are statutory limits on the amounts of payments and the periods to which they apply.
The main payments payable under the Scheme are arrears of wages, sick pay, holiday pay and pay in lieu of notice due under the Minimum Notice and Terms of Employment Acts. Payments on foot of adjudication decisions or mediation resolutions under equality, maternity leave, adoptive leave, parental leave and unfair dismissals legislation may also be paid.
The Scheme also pays employees’ outstanding contributions to occupational pension schemes which have been deducted from wages of the employees but not paid into the pension scheme.
The Insolvency Payments Scheme, provided for under the Protection of Employees (Employers’ Insolvency) Acts 1984 to 2012, protects certain outstanding pay-related entitlements of employees in the event of their employer becoming insolvent as per the legislation.
Insolvency includes such circumstances as liquidation, receivership and bankruptcy.