Singapore legislation
Section 8
Section 8
Recovery of payment by Government
(1)
Where any payment has been made into a member’s bank account by the Government under the Scheme and the payment is —
made in reliance on any false or misleading statement, document or information made or provided by a parent of the member or any other person;
made by reason of any error (however caused); or
utilised for purposes not authorised by the Scheme,the Government may —
recover that payment from any moneys standing to the credit of the member’s bank account;
deduct or set off the amount of that payment from any other payment made or to be made by the Government under the Scheme or a prescribed scheme to the member’s bank account;
deduct or set off the amount of that payment from any other payment made or to be made by the Government under a prescribed scheme to a parent of the member or a person nominated by the parent;
where the payment was made on account of any false or misleading statement, document or information made or provided by, or any error caused or permitted to be caused by, a parent of the member or any other person (called the person in default), recover that payment from the person in default as a civil debt; or
recover that payment from a parent or legal guardian of the member as a civil debt, even if he or she is not the person in default under paragraph (g), if the Government is unable to recover that payment under paragraph (d) or (g) or make the deduction or set‑off under paragraph (e) or (f).
(2)
Where the Government is entitled to recover any payment from a member’s bank account under subsection (1), the bank at which the account is opened and maintained must not authorise any further withdrawal from the account until the payment due to the Government has been deducted from the moneys standing to the credit of the account and paid to the Government.
(3)
Where a trustee of a member’s bank account or an approved person utilises any moneys from the member’s bank account for purposes not authorised by the Scheme, the Government may —
require the trustee or approved person (as the case may be) to refund the amount so utilised to the member’s bank account, or if there is no longer a bank account under the Scheme to which the refund may be made, to such other account for the member’s benefit as a Director may determine; and
where the approved person, the trustee or any other person had deposited moneys into the member’s bank account for the purpose of facilitating such utilisation for unauthorised purposes, recover as a civil debt from that approved person, trustee or other person (as the case may be) any contributions made by the Government under a co‑savings arrangement mentioned in section 3(3) relating to such deposited moneys.