Singapore legislation

Section 46

Claims procedure

(1)

Any person who claims to be entitled to compensation under this Act shall serve upon the Corporation a written claim setting out such of the following particulars as are applicable to his claim:

(a)

the name of the claimant and his address for service of notices;

(b)

a full description of the land to which the claim relates including any covenants, easements or restrictions affecting the same;

(c)

the nature of the claimant’s interest in the land including in the case of a sub-lessee or sub-tenant his landlord’s name and address and details of the sub-lease or tenancy;

(d)

details of any mortgage, including the principal still owing and the name and address of the mortgagee;

(e)

if the claimant has sublet the land or any part thereof, the name and address of each tenant and details of his lease or tenancy;

(f)

particulars of the claim showing —

(i)

under which item the claim is made; and

(ii)

how the amount claimed under any item is calculated.

(2)

The Corporation shall in writing acknowledge receipt and the date of receipt of every claim served on it under subsection (1).

(3)

If a claimant amends his claim before proceedings are commenced before the Compensation Board and the Corporation considers the amendment to be substantial, the Corporation may, within 14 days of the receipt of the amended claim, notify the claimant that it elects to treat the claim, for the purposes of this section, as if it were a new claim served under subsection (1) on the date on which the amendment was received by the Corporation, and this section shall apply accordingly.

(4)

The Corporation may by notice in writing to the claimant request him to furnish further particulars of and in support of his claim or any item thereof and if any such particulars are not furnished to the Corporation within a period of 28 days from the date of the notice, or within such further period as the Corporation may in writing allow, the claim or the item thereof concerning which the particulars are requested shall be deemed to be rejected and subsection (5) shall not apply thereto.

(5)

The Corporation shall within 3 months of the service of a claim on it, or if it has requested further particulars under subsection (4) within 3 months of the day on which they are furnished in accordance with that subsection, notify the claimant in writing that it —

(a)

admits the entire claim;

(b)

rejects the entire claim; or

(c)

admits a specified part or parts and rejects the remainder,and in every case shall briefly state its reasons for rejection so that the claimant is adequately informed of those reasons.

(6)

Where the Corporation has rejected a claim or any part thereof under subsection (5) or where a claim or any part thereof is deemed to have been rejected under subsection (4), the Corporation may —

(a)

by notice in writing offer to the claimant such sum (including costs) as the Corporation is willing to pay in full and final settlement of the claim or any part thereof, as the case may be; or

(b)

commence proceedings before the Compensation Board to have the claim or any part thereof heard and determined by it in accordance with this Act.

(7)

The Corporation may commence proceedings before the Compensation Board to have the claim or any part thereof heard and determined in accordance with this Act where any offer under subsection (6)(a) is refused by the claimant.

(8)

If at the expiration of 4 months from the receipt of a claim by the Corporation it has not been settled by agreement, either the claimant or the Corporation may commence proceedings before the Compensation Board to have the claim, or so much thereof as is still then in dispute, heard and determined by it in accordance with this Act.

(9)

In any case where the claimant has failed to supply further particulars required by the Corporation in accordance with subsection (4), the Compensation Board may on the hearing of the claim consider the merits of the Corporation’s request for further particulars, and the claimant’s failure to supply them and may, if it thinks fit —

(a)

order the claimant to furnish some or all of such particulars;

(b)

adjourn the hearing until the order is complied with and the particulars are considered by the Corporation; and

(c)

make such further order as it thinks fit as to the costs of either party occasioned by the Corporation’s request for and the claimant’s failure to supply the further particulars.[38

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