§ [Nos. 15 and 16]
§ After Clause 39, insert the following new clause:
§ Maternity pay rebate
§ ".—(1) Subject to any regulations made under this section, the Secretary of State shall pay out of the Maternity Pay Fund to every employer who makes a claim under this section and who being liable to pay, has paid, maternity pay to an employee, an amount equal to the full amount of maternity pay so paid (in this section and sections (Payments to employees out of Maternity Pay Fund), (Supplementary provisions in relation to employer's insolvency) and (Complaint and appeals to industrial tribunal) below referred to as a "rebate").
§ (2) The Secretary of State may if he thinks fit, and if he is satisfied that it would be just and equitable to do so having regard to all the relevant circumstances, pay such a rebate to an employer who makes a claim under this section and who has paid maternity pay to an employee in circumstances in which, by reason of the time limit provided for in section 39(2) above, a complaint by the employee has been dismissed, or would not be entertained by an industrial tribunal.
§ (3) For the purposes of subsections (1) and (2) above, a payment of contractual remuneration by an employer shall be treated as a payment of maternity pay to the extent that, by virtue of section 38(4) above,—
- (a) it extinguishes the employer's liability to pay maternity pay; or
- (b) in a case falling within subsection (2) above, it would extinguish that liability
883 if a complaint by the employee were not time-barred as described in that subsection.
§ (4) The Secretary of State shall make provision by regulations as to the making of claims for rebates under this section and such regulations may in particular—
- (a) require a claim to be made within such time limit as may be prescribed; and
- (b) require a claim to be supported by such evidence as may be prescribed."
§ The Commons agreed to this Amendment but proposed the following Amendment thereto:—
§ In subsection (1) of the proposed new Clause leave out ("(Payments to employees out of Maternity Pay Fund)")
§ Lord JACQUESMy Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 16 to the Lords Amendment No. 15. This is a drafting Amednment.
§ Moved, That this House cloth agree with the Commons in their Amendment No. 16 to the Lords Amendment No. 15.—(Lord Jacques.)
§ On Question, Motion agreed to.