Singapore legislation
Section 36
Section 36
Amount payable by Board on death or incapacity of member of Scheme
(1)
Where a member of the Scheme dies at any time during the period he or she is insured under the Scheme, the Board must, upon proof of death, pay such amount deducted from the Scheme member’s insured sum as may be prescribed by regulations made under this Part —
in any case where there exist such circumstances as may be prescribed by those regulations —
to such person or persons (other than the Housing Authority or the approved mortgagee) and in such manner as may be prescribed by those regulations; and
if that amount is payable to 2 or more persons, in such proportion as may be determined by the Board; or
in any other case, to the Housing Authority or the approved mortgagee.
(2)
Subject to subsections (3), (4) and (5), where there is a claim made to the Board by a member of the Scheme on the ground of incapacity at any time during the period he or she is insured under the Scheme, the Board must, upon proof of incapacity —
in any case where there exist such circumstances as may be prescribed by regulations made under this Part, pay such amount deducted from the Scheme member’s insured sum as may be prescribed by those regulations to be payable at the time of incapacity of the member —
to such person or persons (other than the Housing Authority or the approved mortgagee) and in such manner as may be prescribed by those regulations; and
if that amount is payable to 2 or more persons, in such proportion as may be determined by the Board; or
in any other case, pay to the Housing Authority or the approved mortgagee the monthly or other periodic loan instalments which the member of the Scheme is liable to pay to the Housing Authority or the approved mortgagee under the housing loan for a period not exceeding 2 years, by deducting the amount from the Scheme member’s insured sum.
(3)
To avoid doubt, where the housing loan is taken from a Housing Authority or an approved mortgagee by 2 or more members of the Scheme in respect of property purchased jointly by the members, the monthly or other periodic loan instalments payable by the Board under subsection (2)(b) on account of the incapacity of a member are in proportion to that member’s liability for the repayment of the housing loan as declared by that member to, and accepted by, the Board.
(4)
The Board must cease payment to the Housing Authority or the approved mortgagee under subsection (2)(b) if the member of the Scheme is no longer incapacitated.
(5)
Where the Board ceases payment to the Housing Authority or the approved mortgagee under subsection (4), the member of the Scheme remains insured under the Scheme for the Scheme member’s insured sum less any amount that the Board has paid under subsection (2)(b).
(6)
Despite subsection (2)(b), if the incapacity of the Scheme member is in the opinion of the Board likely to continue for more than 2 years, the Board must pay the Housing Authority or the approved mortgagee an amount as is prescribed by regulations made under this Part.
(7)
Where a claim under the Scheme is made in respect of the incapacity of a member of the Scheme, the Board may backdate any payment to be made by the Board to the Housing Authority or the approved mortgagee under this section to the date on which the incapacity occurred.
(8)
The amount payable by the Board under this section on the death or incapacity of a member of the Scheme is not more than the aggregate of —
the outstanding amount of any housing loan taken in respect of the immovable property for which the member of the Scheme is insured at the time of that member’s death or incapacity; and
the amount of interest accrued on the outstanding amount mentioned in paragraph (a) up to the date the outstanding amount is paid.
(8A)
The Board must credit the excess of the Scheme member’s insured sum over the amount payable under this section to the Scheme member’s account in the Fund.
(8B)
Any payment of interest made by the Board in respect of a Scheme member before 1 January 2020 which, if made on or after that date, would be permitted under subsection (8) is taken to be and always to have been validly made; and no legal proceedings lie or may be instituted or maintained, in any court of law on account of or in respect of any such payment.
(9)
The Board is not required to make any payment in respect of any member of the Scheme —
if the death or incapacity of the member —
in the case of a member who was insured under the Scheme before 1 March 2001, occurs within one year from the date he or she is insured under the Scheme and the death is the result of suicide or the incapacity is the result of deliberate self‑injury; or
in the case of a member who was insured under the Scheme on or after 1 March 2001, is the result of suicide or deliberate self‑injury committed within one year from the date that he or she is insured under the Scheme;
if the member suffered capital punishment for any criminal act committed within one year from the date that he or she is insured under the Scheme;
if the death or incapacity of the member, directly or indirectly, arose out of or is consequent upon or contributed by his or her own intentional criminal act committed within one year from the date that he or she is insured under the Scheme; or
if the death or incapacity of that member arises from war or any warlike operations or participation in any riot.
(10)
The Board is not required to make any payment in respect of any member of the Scheme if the member —
makes or furnishes to the Board any statement or fact that is false or misleading in a material particular; (b)fails to disclose to the Board any material fact or circumstance known to the member at the time he or she is required to be insured under the Scheme which might influence the Board as to whether he or she should be insured under the Scheme; or
was suffering from an illness when the member joined the Scheme, unless the Board permitted the member to join the Scheme when it knew that the member was suffering from that illness.
(11)
Subsection (9) does not limit the particulars, facts and circumstances which may be taken to be material for the purposes of subsection (10)(a) or (b).
(12)
Despite subsections (9) and (10), the Board may, on proof of death or incapacity of a Scheme member, pay in any circumstances prescribed by regulations made under this Part the whole or part of the insured sum.
(13)
Any payment made by the Board in respect of a Scheme member before 1 May 2016, which if made after that date would be permitted under subsection (12), is taken to be and always to have been validly paid, and no legal proceedings lie or may be instituted or maintained in any court of law on account of or in respect of any such payment.