4B.—(1) This section applies where—

(a) an employer on which a notice is served under section 4A—

(i) is not taken to be, or to have become, insolvent in any of the circumstances referred to in paragraphs (a) to (f), (h) or (i) of section 1(3) on or before the date on which the deeming application is made, and

(ii) does not pay, to the deeming applicant, the amounts referred to in the notice within 8 weeks from the day on which that notice is served, and

(b) the amounts referred to in the notice became due to the employee—

(i) during the period of 18 months ending on the day on which section 6 of the Protection of Employees (Employers’ Insolvency) (Amendment) Act 2026, insofar as it relates to this section, or any provision of this section, comes into operation, or

(ii) after the period referred to in subparagraph (i).

(2) Where this section applies, the deeming applicant may apply to the Minister in the prescribed form for the employer to be deemed insolvent (in this Act referred to as a "deeming application").

(3) A deeming application—

(a) shall include a copy of the notice served on the employer in accordance with section 4A, and

(b) may include—

(i) information provided to the deeming applicant by or on behalf of the employer relating to the employment relationship, and

(ii) information that is publicly available relating to any of the following:

(I) the employment relationship between the deeming applicant and the employer;

(II) the employer’s trading status;

(III) the extent to which the employer has ceased acting as an employer in relation to the employee or any other person.

(4) Where the Minister is satisfied that an application under subsection (2) is made—

(a) in relation to an employer to which this section does not apply, or

(b) by or on behalf of an employee to whom this Act does not apply, the Minister—

(i) shall notify the deeming applicant of that fact, and

(ii) shall not take any action under sections 4C to 4E in relation to the application.]