Part XII Insolvency of Employers (ss 182-190)
Part XII Insolvency of Employers (ss 182-190)

182 Employee's rights on insolvency of employer

If, on an application made to him in writing by an employee, the Secretary of State is satisfied that—

(a)     the employee's employer has become insolvent,

(b)     the employee's employment has been terminated, and

(c)     on the appropriate date the employee was entitled to be paid the whole or part of any debt to which this Part applies,

the Secretary of State shall, subject to section 186, pay the employee out of the National Insurance Fund the amount to which, in the opinion of the Secretary of State, the employee is entitled in respect of the debt.


183 Insolvency

(1)     An employer has become insolvent for the purposes of this Part—

(a)     where the employer is an individual, if (but only if) subsection (2) [or (4A)] [(2), (4ZA) or (4A)] is satisfied, . . .

(b)     where the employer is a company, if (but only if) subsection (3) [or (4A)] [(3), (4ZA) or (4A)] is satisfied[, . . .

(c)     where the employer is a limited liability partnership, if (but only if) subsection (4) [or (4A)] [(4), (4ZA) or (4A)] is satisfied][, and

(d)     where the employer is not any of the above, if (but only if) subsection (4A) [(4ZA) or (4A)] is satisfied].

(2)     This subsection is satisfied in the case of an employer who is an individual—

(a)     in England and Wales if—

[(ai)     a moratorium period under a debt relief order applies in relation to him,]

(i)     he has been [made] bankrupt or has made a composition or arrangement with his creditors, or

Popular documents