We were lucky to have a new baby a few weeks ago and now I want to add it to the medical insurance policy that my employer offers. My contract states that the company will cover the spouse and three children as part of my salary package.
I want my son’s medical cover to start from the day of her birth because we have expenses that we have paid ourselves in addition to the standard maternity package and hospital coverage.
We expected to be reimbursed, but now the human resources department tells us that they have a 30-day waiting period and will only backdate coverage by seven days.
Can I file a complaint with the authorities because I thought it was the law to provide insurance, or have them covered from birth because the additional expenses amounted to almost 12,000 Dh? ML, Dubai
All companies providing medical insurance in Dubai must operate in accordance with guidelines established by the health authority in accordance with the Emirate Health Insurance Law (No.11 of 2013).
In 2017, employers could impose a waiting period and this coverage could not be backdated. The only exception to this rule was for newborns, but coverage for them could only be backdated for seven days.
However, this has since been updated following the release of Procedural Guideline 2 of 2019 (PD 02/2019), which states: these are waiting periods against pre-existing conditions or any other condition.
“We also want to reiterate that newborns must be covered by the mother’s policy for 30 days and / or up to the mother’s annual limit.
It is important to request that a new baby be added to a medical insurance policy as soon as possible to avoid any potential issues as only limited antedate is available.
Keren bobker
“In addition, antedating of up to seven days is only allowed for newborn additions to cover the newborn from the date of birth, this is the only exception to the antedate, “he added.
ML’s son should be covered by his mother’s plan for the first 30 days. Unless the additional expenses are outside the scope of the insurance policy, a claim can be made under his mother’s insurance.
It is important to request that a new baby be added to a medical insurance policy as soon as possible to avoid any potential problems, as only limited antedate is available. The same goes for group and individual plans.
Someone rented my house in Lebanon for a long time and could not pay the rent for various reasons. Lawyers were involved and he had to pay 80 percent of the money. He still owes me the rest of the money but shows no signs of paying it off or even paying attention to the debt.
He is Lebanese and now lives in Dubai, having left Lebanon without notifying me. I have legal documents with his name and signature, with official Lebanese government stamps indicating that it is a debt instrument.
My question is: can I recover my debt in Lebanon under UAE law because he lives in Dubai? If so, what is the best way to proceed? AM from Lebanon
This is a complex legal issue, and AM should seek legal advice, but I posed the question to Moataz El Sharaky, associate attorney at Horizon Law in Dubai, who said, “To collect a debt, you must have a writ of execution – a judgment or order stamped by the enforcement department. The question refers to a document signed by the debtor himself, so it is not an enforceable title. To enforce this acknowledgment of debt, the creditor can either file a request for an order for payment or file an action on the merits against the debtor. First of all, it is imperative to note that this IOU must be notarized with the embassies of Lebanon and the United Arab Emirates.
“Payment orders are a method used to shorten civil proceedings and are a valuable tool in disputes in the United Arab Emirates and can be used if there is a debt owed, it is in writing and for a specified amount. While the debtor must be informed of the obligee’s intention to seek an order for payment, he does not have the opportunity to defend the claim. Typically, payment orders are issued within days and if the debtor does not appeal within 30 days, they become final and enforceable and subject to execution.
While the debtor must be informed of the obligee’s intention to seek an order for payment, he does not have the possibility of defending the claim.
Moataz El Sharaky, Legal Partner at Horizon & Co
“In the event that the IOU does not meet the criteria for a payment order, the creditor must file a substantive claim in the courts of the United Arab Emirates.”
Keren Bobker is an Independent Financial Advisor and Senior Partner at Holborn Assets in Dubai, with over 25 years of experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE
The advice provided in our columns does not constitute legal advice and is provided for informational purposes.
Updated: December 4, 2021 5:00 a.m.