Singapore legislation
Clause 29
Clause 29
Application of section 28 where insurance contract void or voidable
(1)
Subsections (2), (3), (4) and (5) apply where the contract mentioned in section 28(1) is void or voidable by reason of the employer’s non‑compliance with any terms or conditions of the contract, other than a requirement to pay premiums.
(2)
Section 28(1) applies as if the contract mentioned in that provision were not void or voidable only if the employee gives notice to the insurer of the matters mentioned in paragraph (a) as soon as practicable after the employee becomes aware of all of the following:
the employee’s work injury or incapacity arising from an accident; (b)that the employer is insured by that insurer;
that any of the events mentioned in section 28(1)(a) or (b) has occurred.
(3)
Where, despite the contract mentioned in section 28(1) being void or voidable, the insurer pays any amount to the employee in respect of the employer’s liability to pay compensation under this Act, the insurer is entitled to —
prove for the relevant amount in the employer’s bankruptcy or liquidation; or (b)recover the relevant amount from the receiver or manager of the employer’s business or undertaking.
(4)
The relevant amount mentioned in subsection (3) is the amount paid, excluding (where the contract is void or voidable only in part) the amount that the insurer is still liable to pay under any part of the contract that is not void or voidable.
(5)
The relevant amount mentioned in subsection (3) is to be paid to the insurer in priority as if it were an amount due in respect of work injury compensation under this Act in accordance with the provision mentioned in paragraph (a), (b) or (c), if the employer’s liability to pay the compensation accrued before the date specified in that paragraph: (a)section 352 of the Insolvency, Restructuring and Dissolution Act 2018 (Act 40 of 2018) — the date of the bankruptcy order;
section 203 of the Insolvency, Restructuring and Dissolution Act 2018 —
the date of the commencement of the winding up of the company; or
where the company is ordered to be wound up compulsorily and had not previously commenced to be wound up voluntarily — the date of the winding up order;
section 86 of the Insolvency, Restructuring and Dissolution Act 2018 — the date of the appointment of the receiver or manager or the date of possession being taken as mentioned in that section, as the case may be.