36. Mis-statement of age and non-avoidance of certificate

BRUNEI DARUSSALAM GOVERNMENT GAZETTE proportion to the takaful sum under and the bonuses (if any) allotted to the certificate before variation as the amount of contributions that have become payable under the certificate bear to the amount of contributions that would have become payable if the certificate had been based on the true age.

{a)

vary the takaful sum under and bonuses [if any) allotted to, the certificate so that, as varied, they bear the same proportion to the takaful sum and the bonuses (if any) allotted to the certificate before variation as the amount of the contributions that have become payable under the certificate by the participant bears to the amount of the contributions that would have become payable if the certificate had been based on the true age; or

{b) reduce, as from the date of issue of the certificate, the contributions payable to the amount that would have been payable if the certificate had been based on the true age and repay the participant the amount of over-payment of contributions less any amount that has been paid as the cash value of bonuses in excess of the cash value that would have been paid if the certificate had been based on the true age.

Order shall, after the expiry of 2 years from the date on which it was effected, be called in question by a takaful operator on the ground that a statement made in the proposal for takaful or in a report of a doctor, referee or other person, or in a document leading to the issue of the certificate, was inaccurate or false, unless the takaful operator shows that such statement was on a material matter or suppressed a material fact and that it was fraudulently made by participant with the knowledge that the statement was false or that it suppressed a material fact.

means such matter or fact which, if known by the takaful operator, would have led to a refusal by the takaful operator to issue a family takaful certificate to the participant or would have led the takaful operator to impose terms less favourable to the participant than those imposed in the certificate.