In force2020 Revised Edition

Contents

Care Shield Life and Long-Term Care Act 2019 · 2020 Revised Edition · Part 6 · Claims and Payouts

20. Protection of payouts

(1)

Despite any other written law, all benefits (including goodwill sums) that are paid to an insured person, or for the benefit of an insured person, under the CSHL Scheme or ESH Scheme —

(a)

are not assignable or transferable, and not liable to be attached, sequestered or levied upon for or in respect of any debt or claim;

(b)

are excluded from any set‑off of any nature for any debt owing by the insured person or any person who receives the benefits on behalf of the insured person, except as provided in subsection (2);

(c)

if the insured person, or any person who receives the benefits on behalf of the insured person, is adjudicated a bankrupt by a court —

(i)

do not pass to the Official Assignee on the bankruptcy of the insured person or that person, as the case may be; and

(ii)

are deemed not to form part of the property of the insured person or that person, as the case may be.

(2)

Subsection (1)(b) does not apply to the set‑off of —

(a)

any debt due to the Fund; and

(b)

any debt arising from the care of the insured person and due to the healthcare institution that is an approved payee receiving the benefits on behalf of the insured person who is receiving care from the healthcare institution.