Section 44:

44. Benefit not to be assigned or attached (1) Notwithstanding any other enactment but subject to subsection (4), a contribution or benefit payable under this Act shall not be assigned, transferred, ceded, pledged, delegated, attached or levied upon in any respect. (2) Where a person who is in receipt of a benefit is adjudged bankrupt or is allowed to make a cessio bonorum, the benefit shall not pass to a trustee, assignee or other person acting on behalf of his creditors. (3) Article 1289 of the Code Civil Mauricien shall not apply to contributions payable under sections 17 and 18. (4) Subject to such conditions as may be prescribed, where a person has received under this Act, the Family Allowance Act, the Social Aid Act or the Unemployment Hardship Relief Act, any sum to which he is not entitled, that sum may be recovered from the amount of any benefit to which that person may later become entitled under this Act. (5) On the death of a person entitled to a benefit under this Act, the amount of the benefit shall be paid — (a) to the surviving spouse of the deceased; (b) in the absence of a surviving spouse, to the children of the deceased; (c) in the absence of a surviving spouse or children, to the other legal personal representative. (6) (a) Where the deceased person leaves no surviving spouse, child or other legal personal representative referred to in subsection (5), an amount not exceeding one month’s benefit which has accrued to the deceased person shall be paid to any person who furnishes satisfactory evidence to show that the funeral expenses incurred in connection with the death of the deceased person have been borne by him. (b) A claim under paragraph (a) shall be made— (i) in such form as the Minister may approve; and (ii) not later than 3 months after the death of the deceased person. [S. 44 amended by Act 10 of 1986.]