3. Any payment to which regulation 58(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 152(1)(b) of the Employment Rights (Northern Ireland) Order 1996(1) for so long as such an award remains unpaid and the employer is insolvent within the meaning of Article 228 of that Order(2).
Article 152 was amended by Article 32 of, and paragraph 12 of Part III of Schedule 4 to, the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)), Article 5 of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 2005 (S.I. 2005/3424 (N.I. 20)) and paragraph 2(7) of Schedule 5 to the Employment (Northern Ireland) Order 2003 (S.I. 2003/2902 (N.I. 15))
Article 228 was amended by regulation 9 of, and paragraph 14 of Schedule 4 to S.R. 2004 No. 307, Articles 3(3) and 31 of, and paragraph 54(3) of Schedule 2 and Schedule 9 to the Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)) and section 6 of, and paragraph 5 of the Schedule to the Debt Relief Act (Northern Ireland) 2010 (c. 16 (N.I.))