(1) This section applies if—
(a) an employer has agreed with a person to pay an amount to discharge the employer's liability independently of this Act in relation to an injury to, or the death of, a territory worker of the employer; and
(b) the employer is not a licensed self-insurer; and
(c) the liability of the employer under the agreement is not covered, or is not completely covered, by a compulsory insurance policy; and
(d) at the end of 1 month after the day the amount is payable, the amount (or any part of it) has not been paid to the person.
(2) The person is eligible to make a claim for payment against the DI fund of the amount that remains unpaid.