Rule · ERA 1996 s.166
Insolvent employer: claim from the NI Fund
If your employer enters administration, liquidation or bankruptcy and cannot pay your statutory redundancy, the Secretary of State steps in. You claim from the National Insurance Fund via the Insolvency Service.
What is payable from the NI Fund
The Secretary of State's payment under ERA 1996 s.166 covers:
- Statutory redundancy pay in full, capped at the £751 statutory weekly limit (2026/27).
- Unpaid wages for up to 8 weeks, capped at £751/week.
- Statutory notice pay for the unworked portion of statutory minimum notice, capped at £751/week.
- Accrued holiday pay for up to 6 weeks.
Anything above the statutory caps (enhanced top-up, bonus, contractual notice over statutory minimum) is not paid from the NI Fund. It joins the queue of unsecured creditors in the insolvency.
How long it takes
The Redundancy Payments Service aims to pay within 3 to 6 weeks of receiving a complete RP1 claim and verification from the insolvency practitioner. Complex cases (TUPE situations, missing payroll records) take longer.
Northern Ireland equivalent
Claims via the Department for the Economy (NI) rather than the Insolvency Service. Same forms and caps; different administering body.
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