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SCHEDULE 5Sums to be Disregarded in the Calculation of Earnings

3.  Any payment to which regulation 98(1)(f) applies—

(a)which is due to be paid more than 52 weeks after the date of termination of the employment in respect of which the payment is made, or

(b)which is a compensatory award within the meaning of Article 33(1)(b) of the Industrial Relations (Northern Ireland) Order 1976(1) for so long as such an award remains unpaid and the employer is insolvent within the meaning of section 47 of that Order.

(1)

S.I. 1976/1043 (N.I. 16); Article 33 was substituted by Article 6(3) of S.I. 1993/2668 (N.I. 11). Article 47 was amended by paragraph 90(a) of Schedule 9 to S.I. 1989/2405