Singapore legislation
Section 22
Section 22
Withdrawals for payment of tuition fees at approved educational institution
(1)
The Board may, subject to such terms and conditions as it may impose, permit a member of the Fund to withdraw such portion of the sum standing to the member’s credit in the Fund as may be prescribed for the payment of tuition fees payable by that member, his or her child or such other relative as may be approved by the Board, for a course of study conducted, or to be conducted, in whole or in part at an approved educational institution, including any such course of study leading to a qualification conferred by another educational institution.
(2)
Every application for withdrawal under subsection (1) must be made to the Board in such form as may be approved by the Board.
(3)
Where any member wishes to make any withdrawal under subsection (1) for himself or herself, his or her child or his or her relative, that member, child or relative must —
give an undertaking to the Board; and
if required by the Board, furnish a guarantee by any person acceptable to the Board,for —
the repayment to that member’s account in the Fund (in such manner and within such time as the Minister may prescribe) of all sums withdrawn under that subsection, together with the whole or such part, as the Board may determine, of the interest that would have been payable thereon; and
the payment into the Fund of the whole or such part, as the Board may determine, of any reasonable expenses incurred by the Board in recovering any sum or interest referred to in paragraph (c).
(4)
An undertaking given to the Board by any person under subsection (3) is enforceable even though the person was a minor at the time the undertaking was given.
(4A)
Any person who gives or has given an undertaking under subsection (3) to the Board in relation to any withdrawal under subsection (1) for payment to an approved educational institution may, if that person has attained 16 years of age, consent —
to the approved educational institution disclosing to the Board such information, evidence or document about that person as the Board may reasonably require for the purpose of carrying out the provisions of this section or regulations made under section 23; and
to the Board disclosing to any other person such information, evidence or document relating to that person as may be necessary or expedient —
for the purpose of carrying out the provisions of this section or regulations made under section 23; or
to facilitate the enforcement of an undertaking given, or a payment or repayment required, under this section.
(5)
Despite anything in this Act, any amount repayable to a member’s account in the Fund, or payable to the Fund, pursuant to an undertaking given, or a guarantee furnished, under subsection (3) that is not repaid or paid (as the case may be) may be sued for and recovered by the Board under section 65.
(5A)
The Board may refuse to permit a withdrawal under subsection (1) for a payment to an approved educational institution, if the approved educational institution fails to —
provide such information, evidence and documents relevant to the payment as the Board may reasonably require from the approved educational institution; or
comply with such administrative or operational requirements as the Board may reasonably impose under an arrangement between the Board and the approved educational institution.
(5B)
Without prejudice to subsections (3), (4) and (5), where any sum standing to the credit of a member in the Fund has been withdrawn and paid to an approved educational institution in error —
the approved educational institution must repay to the Board, to the account of the member in the Fund, that sum, together with the whole or such part, as the Board may determine, of the interest that would have been payable thereon;
the approved educational institution must, if it caused or contributed to the error —
reimburse the Board for all reasonable expenses incurred by the Board in rectifying the error; and
indemnify the Board against any liability (whether to the member or to any other person) incurred by the Board in connection with the withdrawal or payment;
any sum not repaid to the Board under paragraph (a) may be sued for and recovered by the Board under section 65; and
any sum not paid to the Board under paragraph (b) may be sued for and recovered by the Board as a debt due to the Board.
(6)
In this section —
Definition
“approved educational institution” means any educational institution in Singapore approved by the Minister for the purposes of subsection (1);
Definition
“course of study” means any course of study which is of a type prescribed by the Minister for the purposes of subsection (1);
Definition
“relative” means a person who is related to a member and who is dependent on that member for his or her care and maintenance;
Definition
“tuition fees” includes any administrative fees imposed by the Board in respect of any withdrawals made by a member under this section.