sec.388Repayment of surplus amount

### sec.388 Repayment of surplus amount This section applies if a claimant— receives a payment from the fidelity fund relating to a claim; and receives or recovers from another source or sources a payment on account of the pecuniary loss; and there is a surplus after deducting the amount of the pecuniary loss from the total amount received or recovered by the claimant from both or all sources. The amount of the surplus is a debt payable by the claimant to the fidelity fund. However, the amount payable by the claimant can not be more than the amount the claimant received from the fidelity fund in relation to the claim. This section applies whether or not— the claim was made before or after the commencement of this section; and a payment mentioned in subsection (1) (a) or (b) was received before or after the commencement of this section. (sec.388-ssec.1) This section applies if a claimant— receives a payment from the fidelity fund relating to a claim; and receives or recovers from another source or sources a payment on account of the pecuniary loss; and there is a surplus after deducting the amount of the pecuniary loss from the total amount received or recovered by the claimant from both or all sources. (sec.388-ssec.2) The amount of the surplus is a debt payable by the claimant to the fidelity fund. (sec.388-ssec.3) However, the amount payable by the claimant can not be more than the amount the claimant received from the fidelity fund in relation to the claim. (sec.388-ssec.4) This section applies whether or not— the claim was made before or after the commencement of this section; and a payment mentioned in subsection (1) (a) or (b) was received before or after the commencement of this section. - (a) receives a payment from the fidelity fund relating to a claim; and - (b) receives or recovers from another source or sources a payment on account of the pecuniary loss; and - (c) there is a surplus after deducting the amount of the pecuniary loss from the total amount received or recovered by the claimant from both or all sources. - (a) the claim was made before or after the commencement of this section; and - (b) a payment mentioned in subsection (1) (a) or (b) was received before or after the commencement of this section.