sec.62Payments to employers

sec.62 Payments to employers

Subject to subsection (4) , if— a person is provided with any benefits mentioned in section 61 for a period of service in the building and construction industry; and the person— was, when those benefits were provided, a registered worker; or is the personal representative of a person who, when the person died, was a registered worker; the authority must, on application by the employer who provided the benefits, pay to the employer an amount calculated in accordance with the following formula— In subsection (1) — EP (employer payment) means the amount to be paid to the employer. P (pay), in relation to an application by an employer under subsection (1) in relation to benefits provided to a registered worker, means the lesser of the following amounts— the amount of ordinary pay for a normal working week that is, in the authority’s opinion, payable to the registered worker; the amount fixed under section 62AA (1) . S (service) means the number of days’ service with which the worker was credited in the register of workers immediately before the benefits accrued for the period during which the worker was engaged in the performance of building and construction work by the employer, other than as a person mentioned in section 3A (1) (b) . An application under subsection (1) must be made in writing— within 3 months after the benefits were provided; or within such longer period (not more than 2 years after the benefits were provided) as the authority allows. An employer is not entitled to be paid under this section— a greater amount in respect of a person than the value of the benefits, mentioned in section 61 (1) , provided by the employer in respect of the person, calculated by reference to the same period as the payment under this section is calculated; and an amount in respect of any day’s service with which a worker has been credited in the register of workers if long service leave payment or a payment under this section has been made in respect of the day. Despite section 41 (1) , an employer is entitled to be paid, for a registered worker whose name has been removed from the register of workers under section 41 (1) , any amount that the employer would have been entitled to be paid under this section if the name of that registered worker had not been removed from the register of workers. An employer is entitled to be paid for any public holiday that happens during long service leave taken by a worker. If— a person is entitled to any benefits mentioned in section 61 for a period of service in the building and construction industry; and the person— was, when those benefits arose, a registered worker; or is the personal representative of a person who, when the person died, was a registered worker; and the employer who is liable to provide those benefits satisfies the authority that the employer is unable to pay the full amount of the benefits; and the authority agrees; the employer may pay to the authority an amount that represents the amount of the benefits less any amount that the employer would have been entitled to be paid under this section if the employer had paid the full amount of the benefits to the worker. If a payment is made to the authority under subsection (7) , the authority must pay to the registered worker the value of the benefits to which the worker is entitled. Payment by an employer under subsection (7) is taken to be a compliance by the employer with the LSL payment provisions in respect of the value of the benefits the employer, in accordance with that section, is required to pay the worker. In this section— LSL payment provisions means the Industrial Relations Act 2016 , chapter 2 , part 3 , division 9 , subdivision 5 or section 105 , as the case requires. s 62 amd 1993 No. 66 s 3 sch ; 1994 No. 65 s 3 sch ; 1997 No. 21 s 37 ; 1998 No. 44 ss 17 , 3 sch ; 1999 No. 33 s 747 sch 3 ; 2000 No. 61 s 48 ; 2008 No. 67 s 302 ; 2013 No. 61 s 117 sch 1 pt 2 ; 2016 No. 63 s 1157 sch 6 (sec.62-ssec.1) Subject to subsection (4) , if— a person is provided with any benefits mentioned in section 61 for a period of service in the building and construction industry; and the person— was, when those benefits were provided, a registered worker; or is the personal representative of a person who, when the person died, was a registered worker; the authority must, on application by the employer who provided the benefits, pay to the employer an amount calculated in accordance with the following formula— (sec.62-ssec.2) In subsection (1) — EP (employer payment) means the amount to be paid to the employer. P (pay), in relation to an application by an employer under subsection (1) in relation to benefits provided to a registered worker, means the lesser of the following amounts— the amount of ordinary pay for a normal working week that is, in the authority’s opinion, payable to the registered worker; the amount fixed under section 62AA (1) . S (service) means the number of days’ service with which the worker was credited in the register of workers immediately before the benefits accrued for the period during which the worker was engaged in the performance of building and construction work by the employer, other than as a person mentioned in section 3A (1) (b) . (sec.62-ssec.3) An application under subsection (1) must be made in writing— within 3 months after the benefits were provided; or within such longer period (not more than 2 years after the benefits were provided) as the authority allows. (sec.62-ssec.4) An employer is not entitled to be paid under this section— a greater amount in respect of a person than the value of the benefits, mentioned in section 61 (1) , provided by the employer in respect of the person, calculated by reference to the same period as the payment under this section is calculated; and an amount in respect of any day’s service with which a worker has been credited in the register of workers if long service leave payment or a payment under this section has been made in respect of the day. (sec.62-ssec.5) Despite section 41 (1) , an employer is entitled to be paid, for a registered worker whose name has been removed from the register of workers under section 41 (1) , any amount that the employer would have been entitled to be paid under this section if the name of that registered worker had not been removed from the register of workers. (sec.62-ssec.6) An employer is entitled to be paid for any public holiday that happens during long service leave taken by a worker. (sec.62-ssec.7) If— a person is entitled to any benefits mentioned in section 61 for a period of service in the building and construction industry; and the person— was, when those benefits arose, a registered worker; or is the personal representative of a person who, when the person died, was a registered worker; and the employer who is liable to provide those benefits satisfies the authority that the employer is unable to pay the full amount of the benefits; and the authority agrees; the employer may pay to the authority an amount that represents the amount of the benefits less any amount that the employer would have been entitled to be paid under this section if the employer had paid the full amount of the benefits to the worker. (sec.62-ssec.8) If a payment is made to the authority under subsection (7) , the authority must pay to the registered worker the value of the benefits to which the worker is entitled. (sec.62-ssec.9) Payment by an employer under subsection (7) is taken to be a compliance by the employer with the LSL payment provisions in respect of the value of the benefits the employer, in accordance with that section, is required to pay the worker. (sec.62-ssec.10) In this section— LSL payment provisions means the Industrial Relations Act 2016 , chapter 2 , part 3 , division 9 , subdivision 5 or section 105 , as the case requires.