7.—(1) Where the annual premium has been paid by an insured person, the Board or the appointed insurer, as the case may be, shall, on the death or incapacity of that person at any time during the period he is covered under the Scheme, pay —(a) | to the insured person, his nominee or nominees; | (b) | to the Public Trustee, in a case to which section 25(2) or (3) of the Act applies; or | (c) | to any person in accordance with any written law to which the appointed insurer is subject in respect of the payment of the insured sum, |
as the case may be, any of the following sums, as is appropriate: |
(i) | the insured sum referred to in regulation 3(1)(a) or (b)(i) and —(A) | if the insured person is a member who is entitled to free cover, an additional insured sum in accordance with the Third Schedule; and | (B) | if the insured person is a member who is entitled to a discretionary bonus, any discretionary bonus granted by the Board under regulation 17; or |
| (ii) | the insured sum referred to in regulation 3(4) and any discretionary bonus granted by the Board under regulation 17 to which the insured person may be entitled. |
(2) An insured person who is entitled to free cover shall be entitled to the benefits under paragraph (1) as if he had paid the amount of the premium payable in respect of such cover. |
(3) Where an insured person dies during the period he is insured under the Scheme but before the implementation date and the claim is submitted before 17th September 2006, the insured sum shall, as soon as practicable upon proof of death, be paid by the Board to the person or persons nominated by that person under section 25(1) of the Act or to the Public Trustee as provided in section 25(2) or (3) of the Act, if there is no person nominated or if any person nominated (other than a widow) is below the age of 18 years at the time of payment of the insured sum. |
(4) Where an insured person dies during the period he is insured under the Scheme but before the implementation date and the claim is submitted on or after 17th September 2006, the insured sum shall, as soon as practicable upon proof of death, be paid by the appointed insurer with whom he was insured to the person or persons nominated by that person under section 25(1) of the Act or to the Public Trustee as provided in section 25(2) or (3) of the Act, if there is no person nominated or if any person nominated (other than a widow) is below the age of 18 years at the time of payment of the insured sum. |
(5) Where an insured person dies during the period he is insured under the Scheme and on or after the implementation date, the insured sum shall, as soon as practicable upon proof of death, be paid by the appointed insurer, with whom he was insured, in accordance with any written law to which the appointed insurer is subject in respect of the payment of the insured sum. |
(6) Where there is a claim submitted by an insured person on the ground of incapacity at any time during the period he is insured under the Scheme —(a) | in the case where the incapacity occurred before the implementation date or is deemed to have occurred before the implementation date and the claim is submitted before 17th September 2006, the Board shall, upon proof of incapacity, pay to him the insured sum; | (b) | in the case where the incapacity occurred before the implementation date and the claim is submitted on or after 17th September 2006, the appointed insurer with whom the person was insured shall, upon proof of incapacity, pay to him the insured sum in accordance with these Regulations; | (c) | in the case where the incapacity occurred on or after the implementation date and the claim is submitted on or after the implementation date, the insured sum shall, upon proof of incapacity, be paid by the appointed insurer with whom the person was insured; and | (d) | in the case where the claim is submitted before the implementation date and the incapacity is deemed to have occurred on or after the implementation date, the Board shall, upon proof of incapacity, pay to him the insured sum. |
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(7) Where the Board or the appointed insurer, as the case may be, pays a claim under section 49(2) of the Act, the Board or the appointed insurer, as the case may be, shall, upon proof of incapacity, pay to the insured person the insured sum in one lump sum or by monthly instalments of such amount as may be determined by the Board or the appointed insurer, as the case may be, for a period not exceeding 3 years, subject to the condition that in the event the insured person is no longer incapacitated, the Board or the appointed insurer, as the case may be, shall stop payment of any insured sum remaining unpaid at the date of his taking up any employment and such amount shall not be recoverable by him. |
(8) Where the insured sum is paid by instalment under paragraph (7), interest at the prevailing rate declared by the Board under section 6(4) of the Act for the amount standing to the credit of a member of the Fund in his ordinary account shall be paid to the insured person together with the final instalment. |
(9) Where the Board or the appointed insurer, as the case may be, ceases payment under paragraph (7), the insured person shall remain insured under the Scheme for the insured sum remaining unpaid at the date from which he is no longer incapacitated. |
(10) Notwithstanding anything in these Regulations, the Board or the appointed insurer, as the case may be, shall not be liable to pay the insured sum in respect of any insured person —(a) | if that person was insured under the Scheme before 1st March 2001 and —(i) | his death or incapacity occurred within one year from the date from which he was insured under the Scheme; and | (ii) | the death was the result of suicide or the incapacity was the result of deliberate self-injury; |
| (b) | if that person is insured under the Scheme on or after 1st March 2001 and his death or incapacity is the result of suicide or deliberate self-injury committed within one year from the date from which he is insured under the Scheme; | (c) | if that person suffered capital punishment for any criminal act committed within one year from the date from which he is insured under the Scheme; | (d) | if the death or incapacity of that person, directly or indirectly, arose out of or is consequent upon or contributed by his own intentional criminal act committed within one year from the date from which he is insured under the Scheme; | (e) | if the death or incapacity of that person arises from war or any warlike operations or participation in any riot; | (f) | if he makes or furnishes to the Board or the appointed insurer, as the case may be, any statement or fact that is false or misleading in a material particular; or | (g) | if he is incapacitated or is diagnosed as having a terminal illness on or before the date of commencement of his insurance cover under the Scheme. |
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