Singapore legislation
Section 71A
Section 71A
Bankerʼs guarantee
(1)
Where a person has been ordered by the court under section 71(1)(d) to furnish a bankerʼs guarantee, that person must hand the original bankerʼs guarantee to the person to whom maintenance is owed (called in this section a maintenance claimant) within one month from the date of the order.
(2)
Where —
a maintenance claimant makes a demand on the bankerʼs guarantee and no maintenance arrears are owing to the claimant at the time of the demand; or
the amount paid out under a bankerʼs guarantee to the maintenance claimant exceeds the actual amount of maintenance arrears owing to the maintenance claimant at the time the maintenance claimantʼs demand was made on the bankerʼs guarantee, such amount as is payable or paid that is in excess of the amount of maintenance arrears owing (called in this section the excess) shall be set off against the amount of any maintenance which becomes payable by the maintenance defaulter to the maintenance claimant at any time on or after the date of the demand on the bankerʼs guarantee (called in this section future maintenance liability).
(3)
Where there is no future maintenance liability against which the excess may be offset, the maintenance claimant who made the demand on the bankerʼs guarantee giving rise to that excess must, upon demand by the maintenance defaulter, refund the excess to the maintenance defaulter.
(4)
Where a refund is not made as required under subsection (3), the maintenance defaulter may recover the amount due to the maintenance defaulter under that subsection from the person liable to make the refund as if the amount were a civil debt due to the maintenance defaulter.