Singapore legislation

Clause 26

of Work Injury Compensation Bill

Clause 26

Approved policy

(1)

An approved policy —

(a)

must contain all the compulsory terms prescribed for the class of liabilities insured against (called in this section the compulsory terms); and

(b)

must not contain any term or condition or endorsement that derogates or purports to derogate from any obligation imposed on the insurer by the compulsory terms of the approved policy.

(2)

The Minister may prescribe different sets of compulsory terms for different classes of approved policies, employers or employees, and the compulsory terms may also require approved policies to cover any other liability of the employer to pay compensation under common law or any other written law for an employee’s work injury.

(3)

Any insurer that issues to an employer any insurance policy that purports to insure the whole or part of the employer’s liability for compensation under this Act —

(a)

is liable to pay that compensation as if the insurance policy contains all the compulsory terms applicable to the class of approved policy purported to be provided; and

(b)

to the extent that any term or condition of, or endorsement to, the insurance policy derogates from any obligation imposed on the insurer by the compulsory terms, that term or condition or endorsement is void.

(4)

Subsection (3) does not impose any obligation or liability on the insurer to pay any amount in excess of the minimum amount (if any) prescribed for the purposes of section 24(2)(b) that applies to the employer.

(5)

Where an insurer is liable to pay compensation pursuant to subsection (3), the references to the employer’s insurer in sections 3(3), 16, 17, 18, 19, 21, 27, 35, 40, 43, 48, 49, 50(1)(b), 51, 52, 54, 58, 63 and 82 apply as if they include references to that insurer.