§ 25 — Defaulter’s agent in relation to joint moneys

25.—(1) This section applies where the moneys mentioned in section 24(2) are moneys in a joint account of which the defaulter is a joint account holder, or are the proceeds of sale of any immovable property of which the defaulter was a joint owner.(2) The defaulter’s agent must —(a)

within 14 days after the date of the receipt of the notice under section 24(1), send a notice, by registered post addressed to every joint account holder of that joint account in the bank or owner of the proceeds of sale (called in this section joint moneys) at the joint account holder’s or owner’s address last known to the defaulter’s agent, informing the joint account holder or owner of the declaration under section 24(1);

(b)

retain such amount of the joint moneys as is presumed under subsection (3) to belong to the person from whom the outstanding premium is due; and

(c)

subject to subsections (6) and (7), within the time specified in the notice (being at least 42 days after the date of the receipt of the notice under section 24(1)) pay the outstanding premium due from the retained amount to the recovery body.

(3) It is presumed, until the contrary is proved, that the joint account holders of a joint account have equal shares of the moneys in the account as at the date of the receipt of the notice under section 24(1), and that the joint owners of any immovable property share the proceeds of sale of the property equally.

(4) Any owner of joint moneys who objects to the share presumed under subsection (3) may give written notice of the owner’s objection to the defaulter’s agent within 28 days after the date of the receipt of the agent’s notice under subsection (2)(a), or within such longer period as the recovery body may allow, and give proof as to the owner’s share of the joint moneys together with the notice of objection.

(5) Where an objection under subsection (4) is received, the defaulter’s agent must —(a)

inform the recovery body of the objection within 7 days after the date of the receipt of the objection; and

(b)

retain the amount of the joint moneys mentioned in subsection (2)(b) until such time as the recovery body by notice under subsection (6) informs the defaulter’s agent of the recovery body’s decision on the objection.

(6) The recovery body must consider the objection under subsection (4) and, by written notice, inform the objector of its decision.

(7) An owner of joint moneys aggrieved by the decision of the recovery body under subsection (6) may appeal against that decision in accordance with the regulations.

(8) Where the recovery body has decided under subsection (6) on the amount of the defaulter’s share of the joint moneys, the defaulter’s agent must, despite any appeal under subsection (7), pay that amount, from the amount of the joint moneys retained under subsection (5)(b), towards any outstanding premium due from the defaulter.

(9) In this section, “joint account” means a bank account in the names of 2 or more persons, but excludes any partnership account, any trust account and any account where a minor is one of the joint account holders.

—(1) This section applies where the moneys mentioned in section 24(2) are moneys in a joint account of which the defaulter is a joint account holder, or are the proceeds of sale of any immovable property of which the defaulter was a joint owner.

(2) The defaulter’s agent must —(a)

within 14 days after the date of the receipt of the notice under section 24(1), send a notice, by registered post addressed to every joint account holder of that joint account in the bank or owner of the proceeds of sale (called in this section joint moneys) at the joint account holder’s or owner’s address last known to the defaulter’s agent, informing the joint account holder or owner of the declaration under section 24(1);

(b)

retain such amount of the joint moneys as is presumed under subsection (3) to belong to the person from whom the outstanding premium is due; and

(c)

subject to subsections (6) and (7), within the time specified in the notice (being at least 42 days after the date of the receipt of the notice under section 24(1)) pay the outstanding premium due from the retained amount to the recovery body.

(3) It is presumed, until the contrary is proved, that the joint account holders of a joint account have equal shares of the moneys in the account as at the date of the receipt of the notice under section 24(1), and that the joint owners of any immovable property share the proceeds of sale of the property equally.

(4) Any owner of joint moneys who objects to the share presumed under subsection (3) may give written notice of the owner’s objection to the defaulter’s agent within 28 days after the date of the receipt of the agent’s notice under subsection (2)(a), or within such longer period as the recovery body may allow, and give proof as to the owner’s share of the joint moneys together with the notice of objection.

(5) Where an objection under subsection (4) is received, the defaulter’s agent must —(a)

inform the recovery body of the objection within 7 days after the date of the receipt of the objection; and

(b)

retain the amount of the joint moneys mentioned in subsection (2)(b) until such time as the recovery body by notice under subsection (6) informs the defaulter’s agent of the recovery body’s decision on the objection.

(6) The recovery body must consider the objection under subsection (4) and, by written notice, inform the objector of its decision.

(7) An owner of joint moneys aggrieved by the decision of the recovery body under subsection (6) may appeal against that decision in accordance with the regulations.

(8) Where the recovery body has decided under subsection (6) on the amount of the defaulter’s share of the joint moneys, the defaulter’s agent must, despite any appeal under subsection (7), pay that amount, from the amount of the joint moneys retained under subsection (5)(b), towards any outstanding premium due from the defaulter.

(9) In this section, “joint account” means a bank account in the names of 2 or more persons, but excludes any partnership account, any trust account and any account where a minor is one of the joint account holders.