Regulation 39 Recovery of sums due to Fund

(1)

This regulation applies where–

(a)

in consequence of any decision in proceedings to which an assisted person is a party, or of a settlement to avoid or bring to on end such proceedings, any property is recovered or preserved for him; or

(b)

in consequence of an award of a court or an agreement as to expenses in favour of an assisted person any sum is recoverable.

(2)

Where this regulation applies, the Board may–

(a)

take such proceedings in its own name or in the name of the assisted person as may be necessary to enforce or give effect to such decision, settlement, award or agreement;

(b)

do diligence either in the name of the assisted person or in its own name.

(3)

Where this regulation applies–

(a)

any money payable to or preserved for the assisted person shall be paid to the Board, and only the Board’s receipt shall be a good discharge to the person paying the money of a liability to make payment to the assisted person or to a clerk of court or otherwise on behalf of the assisted person;

(b)

the Board may require any corporeal moveables which are deliverable to, or pre served for, the assisted person to be delivered to the Board and in the event of such a requirement being made–

(i)

only the receipt of the Board shall be a good discharge to the person delivering such corporeal moveables; and

(ii)

the Board shall have power to sell such corporeal moveables.

(4)

Any free moneys or corporeal moveables remaining in the possession of the Board after payment into the Fund of the sums specified in section 17(5) of the Act shall, subject to any requirement of law whereby they fall to be paid, or as the case may be delivered, to a person other than the assisted person, be paid or delivered to the assisted person.