Clause 39

by deleting subsections (1) and (2) and substituting the following subsections:“(1) Notwithstanding sections 20(1)(b) and (1A) and 25 but subject to this section, where the Board is satisfied that any money has been paid in error to the Fund in respect of any person or as interest under section 9, the Board may —

refund the amount of the money to the person who paid the money; or

pay the whole or any part of the amount of the money to any person whom the Board is satisfied is entitled to that payment.(2) If any money has been paid in error to the Fund in respect of any person or as interest under section 9, but a claim for a refund or payment of the whole or any part of the money is not received by the Board within one year after the date on which the money was paid in error, the amount claimed shall not be refunded or paid to the claimant but shall be deemed to have been properly paid under the provisions of this Act in respect of that person or as interest, as the case may be.(2A) Notwithstanding sections 20(1)(b) and (1A) and 25 but subject to subsection (2B), if any money paid in error to the Fund is credited to any account of a member in the Fund at the time the money is so paid, but the amount standing to the credit of the member in that account, at the time a claim for a refund or payment of the whole or any part of the money is approved by the Board, is less than the amount claimed, the Board may refund or pay to the claimant, or pay to any other person whom the Board is satisfied is entitled to that payment, an amount not exceeding the amount standing to the credit of the member in that account at the time the claim is approved by the Board.(2B) Notwithstanding sections 20(1)(b) and (1A) and 25, if any money paid in error to the Fund is credited to any account of a member in the Fund, the member has died and, at the time a claim for a refund or payment of the whole or any part of the money is approved by the Board, the Board has made any payment or transfer under section 20(1)(b) or (1A), or any payment to the Public Trustee under section 25(2), from the amount standing to the credit of the member in that account —

the Board may refund or pay to the claimant, or pay to any other person whom the Board is satisfied is entitled to that payment, the whole or such part, as the Board may determine, of the amount claimed, having regard to —

the amount standing to the credit of the member in that account at the time the claim is approved by the Board; and

the portion of the amount payable on the member’s death out of the Fund that remains in that account at the time the claim is approved by the Board; and

every payment or transfer made by the Board under section 20(1)(b) or (1A) or 25(2) before the time the claim is approved by the Board shall be deemed to have been properly made under the provisions of this Act.”;

by deleting subsection (3) and substituting the following subsection:“(3) If any sum is due to the Fund from any person to whom a refund or payment of any amount of any money paid in error would otherwise be made, the Board may retain the whole or any part of that amount and set it off against the sum due to the Fund.”;

by inserting, immediately after the word “refund” in subsection (4), the words “or payment to a claimant, or to any other person,”;

by deleting subsection (5) and substituting the following subsection:“(5) The Board may require any person who claims to have paid any money to the Fund in error, or to be entitled to be paid the whole or any part of the money —

to make a written application for the refund or payment of the money; and

to furnish such information as the Board may require to determine the amount of the money so paid.”; and

by inserting, immediately after the word “Refund” in the section heading, the words “or payment”.