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Withdrawal from medisave account for long-term care

Central Provident Fund Act 1953

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—(1) The Board may, on application by a member of the Fund, permit the member to withdraw the whole or any part of the sum standing to the member’s credit in the medisave account as the Board may determine, for the member or the member’s dependant (as the case may be) in accordance with regulations made under section 77(1) and subject to such terms and conditions as the Board may impose, if —(a)the amount standing to the credit of the member is not less than such amount as may be prescribed;(b)a certification under subsection (2) has been issued and remains in force; and(c)the member and, where applicable, the member’s dependant satisfy such other conditions as may be determined by the Minister charged with the responsibility for health.(2) The certifying body may, on an application by a member who wishes to make an application under subsection (1), issue a written certification stating that the member is eligible to make a withdrawal —(a)in the case of a withdrawal for the member —(i)if the certifying body is satisfied that the member requires long-term care based on the conditions prescribed in regulations made under section 77(1);(ii)if the member has, at the time the certifying body issues the certification, attained such age as may be prescribed in regulations made under section 77(1); and(iii)if the member satisfies such other requirements as the Minister charged with the responsibility for health may impose; or(b)in the case of a withdrawal for the member’s dependant —(i)if the certifying body is satisfied that the member’s dependant requires long-term care based on the conditions prescribed in regulations made under section 77(1);(ii)if the member and the member’s dependant have, at the time the certifying body issues the certification, attained such age as may be prescribed in regulations made under section 77(1); and(iii)if the member’s dependant satisfies such other requirements as the Minister charged with the responsibility for health may impose.(3) The Minister charged with the responsibility for health may, in any particular case, waive any condition mentioned in subsections (1)(a) and (b), (2)(a)(i) and (ii) and (2)(b)(i) and (ii).(4) For the purposes of a certification under this section, the certifying body may —(a)carry out such inquiries and investigations in relation to the certification;(b)request that the member or member’s dependant (as the case may be) provide, within a specified time, any information that the certifying body requires; and(c)require the member or member’s dependant (as the case may be) to attend a disability assessment by an assessor.(5) The Minister charged with the responsibility for health may —(a)in writing delegate to any person, or group of persons, appointed by the Minister all or any of the Minister’s functions and powers under subsection (3); and(b)under paragraph (a), delegate different functions and powers to different persons or groups of persons.(6) Where the Board permits the withdrawal of an amount under subsection (1) for the member or the member’s dependant (as the case may be), the Board may pay the amount to —(a)the person for whom the amount was withdrawn; or(b)an approved payee nominated by the person mentioned in paragraph (a) to receive the amount on the person’s behalf,as determined by the certifying body.(7) A payment by the Board to a person mentioned in subsection (6) is a proper discharge of the Board’s duties under this section.(8) Subsection (7) does not affect any recourse which any person may have against the person receiving the amount paid to that person under subsection (6).(9) The approved payee who receives the amount under subsection (6) for the person for whom the amount was withdrawn may, in such circumstances as may be prescribed, pay the whole or any part of the amount to that person’s account in the Fund.(10) Except where subsection (9) applies, the approved payee who receives the amount under subsection (6) for the person whom the amount was withdrawn must first apply the amount for the care of the person for whom the amount was withdrawn.(11) An approved payee who, without reasonable excuse, contravenes subsection (10) shall be guilty of an offence and shall be liable on conviction —(a)in the case of an individual —(i)to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and(ii)in addition, to a penalty equal to 4 times the relevant amount; or(b)in any other case —(i)to a fine not exceeding $20,000; and(ii)in addition, to a penalty equal to 8 times the relevant amount.(12) Where a person has been convicted by a court under subsection (11), the court may order that person to make payment of the whole or any part of the amount received by that person under subsection (6) including the whole or any part of the interest that would have been payable thereon had the amount not been withdrawn from the Fund.(13) Where a court has ordered payment under subsection (12), the moneys given by a person in compliance with the order are to be paid to the medisave account of the member from which the amount was withdrawn under subsection (6).(14) In this section —“approved payee”, in relation to the person mentioned in subsection (6)(a), means a person whom the certifying body is satisfied is within the class or classes of persons approved by the Minister charged with the responsibility for health to receive a withdrawal under subsection (1) on behalf of the person for whom the amount is to be withdrawn;“dependant”, in relation to a member, means such person whom the certifying body is satisfied is related to the member in such manner as may be prescribed in regulations made under section 77(1) or in any other manner as the Minister charged with the responsibility for health may determine;“relevant amount” means the amount received by a person under subsection (6) which was not applied for the care of the person for whom the amount was withdrawn.

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