40Making claim

40 Making claim (1) The scheme's trust deed must specify the following matters: (a) the way in which a beneficiary may make a claim under a certificate;

Chapter 3 Fidelity fund schemes and approved schemes Part 3.2 Approval criteria Division 4 Claim under fidelity certificate Building (RBI and Fidelity Fund Schemes) Regulations 2012 23 (b) if a beneficiary makes a claim for the non-completion of guaranteed work – the claim must be made within the cover period relevant to the claim; (c) if a beneficiary makes a claim for defective guaranteed work – the claim must be made: (i) within the cover period relevant to the claim; and (ii) within 90 days after the later of the following: (A) the day on which the beneficiary became aware, or could reasonably be expected to have become aware, of the defective guaranteed work; (B) the day on which an event mentioned in section 54D(2)(b) of the Act occurred in relation to the builder responsible for the defective guaranteed work; (d) only the amount specified in a certificate can be claimed in relation to the guaranteed work. (2) For subregulation (1)(c), if the later of the days mentioned in subregulation (1)(c)(ii) falls within 90 days before the end of the cover period, the cover period is extended for 90 days after that day.