Singapore legislation
Section 16C
Section 16C
Application under section 16B by approved person
(1)
Despite section 70 and any provision in the Mental Capacity Act 2008 but subject to subsection (2) —
the Board may —
permit the whole or any part of the sum standing to a relevant person’s credit in the medisave account to be withdrawn under section 16B, where an application to the Board under section 16B is made by an approved person on behalf of a relevant person; or
permit any information for the purposes of section 16B to be provided to the Board by an approved person on behalf of a relevant person (whether or not the relevant person is the person whose moneys in the medisave account are to be withdrawn under section 16B); and
for the purposes of a certification under section 16B —
the certifying body may permit any information to be provided to the certifying body by an approved person on behalf of a relevant person (whether or not the relevant person is the person whose moneys in the medisave account are to be withdrawn under section 16B); and (ii)the approved person may do all that is necessary in relation to the application under section 16B.
(2)
Any permission by the Board under subsection (1)(a) is subject to such terms and conditions as the Board may, with the approval of the Minister charged with the responsibility for health, impose.
(3)
Where the Board permits the whole or any part of the sum standing to the relevant person’s credit in the medisave account to be withdrawn under subsection (1), the Board may pay the amount withdrawn from the relevant person’s medisave account to an approved payee nominated by the approved person to receive the amount on the relevant person’s behalf.
(4)
Where —
the relevant person is the member’s dependant; and
the Board permits the whole or any part of the sum standing to the member’s credit in the medisave account to be withdrawn under section 16B(1) for the relevant person,the Board may pay the amount withdrawn from the member’s medisave account to an approved payee nominated by the approved person, to receive the amount on behalf of the relevant person.
(5)
The receipt by the approved payee is a proper discharge of the Board’s duties for the amount paid to the approved payee under subsection (3) or (4), as the case may be.
(6)
Subsection (5) does not affect any recourse which any person may have against the approved person or the approved payee for the amount paid to the approved payee under that subsection.
(7)
The approved payee who receives the amount under subsection (3) or (4) (as the case may be) for the relevant person 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.
(8)
Except where subsection (7) applies, the approved payee must first apply the amount paid to the approved payee under subsection (3) or (4) (as the case may be) for the care of the relevant person.
(9)
An approved payee who, without reasonable excuse, contravenes subsection (8) shall be guilty of an offence and shall be liable on conviction —
in the case of an individual —
to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and
in addition, to a penalty equal to 4 times the relevant amount; or
in any other case —
to a fine not exceeding $20,000; and
in addition, to a penalty equal to 8 times the relevant amount.
(10)
Where a person has been convicted by a court under subsection (9), the court may order that person to make payment of the whole or any part of the amount paid to that person under subsection (3) or (4) (as the case may be) including the whole or any part of the interest that would have been payable thereon had the amount not been withdrawn from the Fund.
(11)
Where a court has ordered payment under subsection (10), the moneys given by a person in compliance with the order are to be paid to the medisave account of the person from whose medisave account the moneys were withdrawn.
(12)
The Minister charged with the responsibility for health may —
approve different classes of approved payees for applications made by different classes of approved persons;
impose different terms and conditions for different classes of approved persons; and
impose different terms and conditions for different classes of approved payees.
(13)
In this section —
Definition
“approved payee”, in relation to a relevant person, 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 any amount under subsection (3) or (4) (as the case may be) on behalf of the person for whom the amount was withdrawn;
Definition
“approved person”, in relation to a relevant person, 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 make an application, provide information or do all that is necessary under subsection (1);
Definition
“relevant amount” means the amount received by an approved payee which was not applied for the care of the person for whom the amount was withdrawn;
Definition
“relevant person” means a person —
whom the certifying body is satisfied to lack mental capacity and who —
is entitled, but is unable, to make any application under section 16B; or
is unable to provide any information for the purposes of section 16B; and
who, to the best of the certifying body’s knowledge, has neither of the following:
a deputy appointed or deemed to be appointed for the person by the court under the Mental Capacity Act 2008 with power in relation to the person for the purposes of this Act;
a donee under a lasting power of attorney registered under the Mental Capacity Act 2008 with power in relation to the person for the purposes of this Act.