must not exceed an amount equal to 14% of the minimum amount of the Fund as at
the end of that day.
(2) In determining, for the purposes of subsection (1), the total of the
amounts paid out of the Fund in connection with claims in respect of property:
- (a)
- an amount paid out of the Fund in connection with any of the claims is, to
the extent to which it is repaid to the Fund, to be disregarded; and
- (b)
- where, by virtue of the exercise of a right or remedy in relation to
property that is, or is included in, the first-mentioned property, being a
right or remedy of the claimant, or of any of the claimants, to which SEGC is,
by virtue of section 980, subrogated, money or other property has been
recovered by, or on behalf, of SEGCso much of the amount, or of the
total of the amounts, paid out of the Fund in connection with any of the
claims as does not exceed:
- (i)
- the amount of that money; or
- (ii)
- the value of so much (if any) of that other property as has not been, and
is not required to be, supplied under subsection 963(2) in respect of any of
the claims;
as the case may be, is to be disregarded.
(3) In order to ensure compliance with subsection (1) as it applies in
relation to particular claims:
- (a)
- the Board may, in relation to each of
those claims, determine in writing an amount to be the maximum amount in
relation to the claim; and
- (b)
- where paragraph (a) empowers the Board to make determinations in
relation to the respective claims of 2 or more claimantsthe Board must,
in making those determinations:
- (i)
- take into account, in relation to each of those claimants, any money or
other property that the claimant has received, or is likely to receive, from
sources other than the Fund as compensation for property to which the
claimant's claim relates; and
- (ii)
- strive to ensure that the proportion of the property to which a claim
relates that is represented by the money and other property received from all
sources (including the Fund) as compensation for property to which the claim
relates is, as nearly as practicable, the same for each of those claimants.
(4) Where a determination of an amount as the maximum amount in relation to a
claim is in force under subsection (3), the amount, or the total of the
amounts, paid out of the Fund in connection with the claim must not exceed the
first-mentioned amount.
(5) In this section, claim means a claim under this Division.