Clause 41

This section applies where the Board is satisfied that the amount of contributions paid for any year by a member who is a self-employed person, under any regulations made under section 77(1)(e), exceeds the amount of contributions payable by him after recomputation in accordance with those regulations.(2) Notwithstanding sections 20(1)(b) and (1A) and 25 but subject to such terms and conditions as the Board may impose, if any excess contributions referred to in subsection (1) are credited to any account in the Fund of a member who is a self-employed person, the member has died and, at the time a claim by a personal representative of the member for a refund of the whole or any part of the excess contributions and interest thereon 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 to the personal representative 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.(3) If a member who is a self-employed person has died, any sum is due to the Fund from the member or his personal representative, and a refund of any amount of any excess contributions and interest thereon would otherwise be made to the personal representative under subsection (2), the Board may retain the whole or any part of that amount and set it off against the sum due to the Fund.(4) Where a member who is a self-employed person has died, and a personal representative of the member claims any refund under subsection (2), the Board may require the personal representative to furnish such information to the Board as may be necessary.(5) In this section, “self-employed person” has the meaning given to it in any regulations made under section 77(1)(e).Refund or payment of excess voluntary contributions where member has died75B.—

This section applies where the aggregate of the amounts referred to in section 13B(3)(a), (b) and (c) which are contributed by or for a member in any year exceeds the sum referred to in section 13B(3).(2) Notwithstanding sections 20(1)(b) and (1A) and 25 but subject to such terms and conditions as the Board may impose, if any excess contributions referred to in subsection (1) are 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 excess contributions and interest thereon 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.(3) If any sum is due to the Fund from any person to whom a refund or payment of any amount of any excess contributions and interest thereon would otherwise be made under subsection (2), the Board may retain the whole or any part of that amount and set it off against the sum due to the Fund.(4) The Board may require any person who claims to be entitled to any refund or payment under subsection (2), or to have paid any excess contributions referred to in subsection (1), to furnish such information to the Board as may be necessary.”.