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 section [F1118(1)(b) of the Employment Rights Act 1996] for so long as such an award remains unpaid and the employer is insolvent within the meaning of section 127 of that Act.
Textual Amendments
F1Words in Sch. 6 para. 3(b) substituted (1.10.2007) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2007 (S.I. 2007/2618), regs. 1(1), 8(14)(b)