Singapore legislation
Section 12
Section 12
Defaulter’s agent for recovery of outstanding premiums
(1)
A recovery body may, if it considers necessary, by written notice declare any person to be a defaulter’s agent.
(2)
The person declared to be the defaulter’s agent under subsection (1) is to be treated as the agent of the defaulter for the purposes of this Act, and may be required by the recovery body to pay any outstanding premium payable by the defaulter from any moneys which may be held by the defaulter’s agent for, or due from the defaulter’s agent to, the defaulter —
on or not more than 90 days after the date on which the defaulter’s agent receives the notice; or
at any time on or after the date on which the defaulter’s agent receives the notice, if the moneys are earnings and the defaulter’s agent is liable, as a principal and not as an employee or agent, to pay the earnings to the defaulter.
(3)
Where separate amounts of moneys come to be held by the defaulter’s agent for, or become due from the defaulter’s agent to, the defaulter at different times within the period in subsection (2)(a) or (b) (as the case may be) the recovery body may require the outstanding premium to be paid in instalments of such sums as the recovery body may specify from one or more of those separate amounts.
(4)
Any person who is declared by a recovery body to be a defaulter’s agent under subsection (1) and is aggrieved by the declaration may object to the declaration by written notice to the recovery body within 14 days after the date of receipt of the notice, or within such longer period as the recovery body in its discretion may allow.
(5)
The recovery body must examine the objection and may cancel, vary or confirm the declaration.
(6)
An objector in subsection (4) who is aggrieved by the recovery body’s decision upon the objection in subsection (5) may appeal against that decision in accordance with the relevant regulations.
(7)
If the defaulter’s agent fails to make any payment under subsection (2), the outstanding premium is recoverable from the defaulter’s agent in the manner provided in section 15.
(8)
For the purposes of this section, a recovery body may require any person to give information as to —
any moneys, funds or other assets which may be held by that person for any defaulter; or
any moneys due from that person to any defaulter.
(9)
In this section, “earnings”, in relation to a defaulter, means any sum payable to the defaulter —
by way of wages or salary, including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary by the person paying the wages or salary, or payable under a contract of service; or
by way of pension, including an annuity in respect of past services, whether or not the services were rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment.
(10)
Where a defaulter’s agent makes any payment of moneys to the recovery body under this section or section 13 —
the defaulter’s agent is deemed to have been acting under the authority of the defaulter;
the defaulter’s agent is, by this provision, indemnified in respect of the payment to the recovery body;
the outstanding premium due from the defaulter is reduced by the amount paid by the defaulter’s agent to the recovery body; and
the amount paid by the defaulter’s agent to the recovery body is deemed to have been paid to the defaulter in accordance with any law, contract or scheme governing the payment of moneys held by the defaulter’s agent for, or due from the defaulter’s agent to, the defaulter.