39After section 76ZH insert—
(1)This section applies if the employer’s business, or part of it, ceases (permanently) to be carried on and the employer makes a payment to the employee in addition to—
(a)the redundancy payment, or
(b)if an approved contractual payment is made, the amount that would have been due if a redundancy payment had been payable.
(2)If—
(a)the additional payment would not otherwise be regarded as expenses payable for the purposes of section 76, but
(b)that is only because the business, or the part of the business, has ceased to be carried on,
the additional payment is regarded as expenses payable for the purposes of section 76.
(3)So far as the additional payment would, apart from this subsection, be regarded as expenses payable for the purposes of Step 5 in subsection (7) of section 76, it is not to be so regarded for the purposes of that subsection (or of subsection (2) above so far as relating to section 76).
(4)The amount treated under this section as expenses payable for the purposes of section 76 is limited to 3 times the amount of—
(a)the redundancy payment, or
(b)if an approved contractual payment is made, the amount that would have been due if a redundancy payment had been payable.
(5)If the payment is referable to an accounting period beginning after the business or the part of the business has ceased to be carried on, it is treated as referable to the last accounting period in which the business, or the part concerned, was carried on.”