Singapore legislation
Section 23
Section 23
Claims procedure
(1)
Any person who claims to be entitled to compensation under this Act must serve on the Authority a written claim setting out such of the following particulars as are applicable to the person’s claim:
the name of the claimant and the claimant’s address for service of notices;
a full description of the land to which the claim relates including any covenants, easements or restrictions affecting the same;
the nature of the claimant’s interest in the land including, in the case of a sublessee or subtenant, the landlord’s name and address and details of the sublease or tenancy;
details of any mortgage, including the principal still owing and the name and address of the mortgagee;
if the claimant has sublet the land or any part of the land, the name and address of each tenant and details of the lease or tenancy;
particulars of the claim showing —
under which item the claim is made; and
how the amount claimed under any item is calculated.
(2)
The Authority must in writing acknowledge receipt and the date of receipt of every claim served on the Authority under subsection (1).
(3)
If a claimant amends a claim before proceedings are commenced before the Compensation Board and the Authority considers the amendment to be substantial, the Authority 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 Authority, and this section applies accordingly.
(4)
The Authority may by written notice to the claimant request that the claimant supply further particulars of and in support of the claim or any item of the claim, and if any of those particulars are not supplied to the Authority within a period of 28 days from the date of the notice, or within any further period that the Authority may in writing allow, the claim or the item concerning which the particulars are requested is deemed to be rejected and subsection (5) does not apply.
(5)
The Authority must, within 3 months of the service of a claim on it, or if the Authority has requested further particulars under subsection (4) within 3 months of the day on which they are provided in accordance with that subsection, notify the claimant in writing that the Authority —
admits the entire claim;
rejects the entire claim; or
admits a specified part or parts and rejects the remainder,and in every case must briefly state its reasons for rejection so that the claimant is adequately informed of those reasons.
(6)
Where the Authority has rejected a claim or any part of a claim under subsection (5) or where a claim or any part of it is deemed to have been rejected under subsection (4), the Authority may —
by written notice offer to the claimant a sum (including costs) that the Authority is willing to pay in full and final settlement of the claim or any part of it, as the case may be; or
commence proceedings before the Compensation Board to have the claim or any part of it heard and determined by the Board in accordance with this Act.
(7)
The Authority may commence proceedings before the Compensation Board to have the claim or any part of it heard and determined in accordance with this Act where any offer under subsection (6)(a) is refused by the claimant.
(8)
If, at the end of 4 months from the receipt of a claim by the Authority, it has not been settled by agreement, either the claimant or the Authority may commence proceedings before the Compensation Board to have the claim, or so much of it as is still then in dispute, heard and determined by the Board in accordance with this Act.
(9)
In any case where the claimant has failed to supply further particulars required by the Authority in accordance with subsection (4), the Compensation Board may on the hearing of the claim consider the merits of the Authority’s request for further particulars, and the claimant’s failure to supply them and may, if the Board thinks fit —
order the claimant to supply some or all of the particulars;
adjourn the hearing until the order is complied with and the particulars are considered by the Authority; and
make such further order as the Board thinks fit as to the costs of either party occasioned by the Authority’s request for and the claimant’s failure to supply the further particulars.