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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 section 118(1)(b) of the Employment Rights Act 1996(1) for so long as such an award remains unpaid and the employer is insolvent within the meaning of section 127 of that Act.
Section 118 was amended by section 8 of the Public Interest Disclosure Act 1998 (c.23), Schedule 9 to the Employment Relations Act 1999 (c.26), paragraph 21 of Schedule 1 to the Employment Rights (Dispute Resolution) Act 1998 (c.8) and paragraph 38 of Schedule 7 and Schedule 8 to the Employment Act 2002.
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