Singapore legislation
Clause 23
Clause 23
Claims procedure
(1)
Any person who claims to be entitled to compensation under this Act shall serve upon the Authority a written claim setting out such of the following particulars as are applicable to his claim:
the name of the claimant and his 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 sub-lessee or sub-tenant his landlord’s name and address and details of the sub-lease 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 thereof, the name and address of each tenant and details of his 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 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 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 shall apply accordingly.
(4)
The Authority 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 Authority within a period of 28 days from the date of the notice, or within such further period as the Authority 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 Authority shall, 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 furnished 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 shall 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 thereof under subsection (5) or where a claim or any part thereof is deemed to have been rejected under subsection (4), the Authority may —
by notice in writing offer to the claimant such sum (including costs) as the Authority is willing to pay in full and final settlement of the claim or any part thereof, as the case may be; or
commence proceedings before the Compensation Board to have the claim or any part thereof 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 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 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 thereof 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 furnish some or all of such 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.