Singapore legislation
Clause 7
Clause 7
Amendment of section 12A
Section 12A of the principal Act is amended —
by inserting, immediately after the words “1st August 2004” in subsection (1)(a), the words “but before the date of commencement of the Children Development Co-Savings (Amendment) Act 2006”;
by inserting, immediately after subsection (1), the following subsections:“(1A) Subject to subsections (2) and (3), where —
on or after 10th March 2005, a female employee applies to adopt a child in accordance with any written law relating to the adopting of children;
either —
the child is a citizen of Singapore at the time the application is made and the court has made an order appointing the Director of Social Welfare as guardian in adoption of the child; or
the child is not a citizen of Singapore at the time the application is made and a dependant’s pass has been issued in respect of the child;
at the time the Director of Social Welfare is appointed as guardian in adoption of the child or the dependant’s pass is issued in respect of the child, as the case may be —
the child is below 6 months of age; and
the employee —
is married, widowed or divorced; and
has fewer than 4 other living children;
during the period commencing on the day the Director of Social Welfare is appointed as guardian in adoption of the child or the dependant’s pass is issued in respect of the child, as the case may be, and ending on the day before the child attains 6 months of age, the employee —
is granted leave by her employer; and
absents herself from work by taking such leave,for one or more periods, not exceeding 24 days in the aggregate; and
the employee has received payment from her employer at her gross rate of pay during such period or periods of absence,the employer shall be entitled to be reimbursed by the Government, in accordance with any regulations made under section 20, for —
the amount of such payment; and
any contribution which the employer has made under the Central Provident Fund Act (Cap. 36) in respect of such payment which is not recoverable from the employee’s wages.(1B) Subsection (1) shall not apply in any case where subsection (1A) applies.”;
by inserting, immediately after the words “subsection (1)(d)” in subsection (2), the words “or (1A)(d)”;
by inserting, immediately after the words “subsection (1)” in subsection (3), the words “or (1A)”;
by inserting, immediately after subsection (3), the following subsection:“(3A) Where —
the Government has reimbursed an employer for any payment made by the employer to a female employee under subsection (1A); and
the child referred to in subsection (1A)(a) whom that employee has applied to adopt —
is not adopted by that employee within one year from the date the Director of Social Welfare is appointed as guardian in adoption of the child or a dependant’s pass is issued in respect of the child, as the case may be; or
is not a citizen of Singapore by birth and does not become a citizen of Singapore within 6 months from the date he is adopted by that employee,the Government may recover that payment from that employee as a civil debt.”;
by inserting, immediately after the words “1st August 2004” in subsection (4)(a), the words “but before the date of commencement of the Children Development Co-Savings (Amendment) Act 2006”;
by inserting, immediately after subsection (4), the following subsections:“(4A) Subject to subsection (5), where —
on or after 10th March 2005, a self-employed woman applies to adopt a child in accordance with any written law relating to the adopting of children;
either —
the child is a citizen of Singapore at the time the application is made and the court has made an order appointing the Director of Social Welfare as guardian in adoption of the child; or
the child is not a citizen of Singapore at the time the application is made and a dependant’s pass has been issued in respect of the child;
at the time the Director of Social Welfare is appointed as guardian in adoption of the child or the dependant’s pass is issued in respect of the child, as the case may be —
the child is below 6 months of age; and
the self-employed woman —
is married, widowed or divorced; and
has fewer than 4 other living children;
during the period commencing on the day the Director of Social Welfare is appointed as guardian in adoption of the child or the dependant’s pass is issued in respect of the child, as the case may be, and ending on the day before the child attains 6 months of age, the self-employed woman ceases to be actively engaged in her trade, business, profession or vocation for one or more periods, not exceeding 24 days in the aggregate; and
the self-employed woman has lost any income by reason of her ceasing to be actively engaged in her trade, business, profession or vocation during such period or periods,the self-employed woman shall be entitled to claim from the Government, in accordance with any regulations made under section 20, the income she would otherwise have derived from her trade, business, profession or vocation had she continued to be actively engaged in such trade, business, profession or vocation during the period or periods referred to in paragraph (d).(4B) Subsection (4) shall not apply in any case where subsection (4A) applies.”;
by inserting, immediately after the words “subsection (4)” in subsection (5), the words “or (4A)”; and
by inserting, immediately after subsection (5), the following subsections:“(6) Where —
any payment has been made by the Government to a self-employed woman under subsection (4A); and
the child referred to in subsection (4A)(a) whom that self-employed woman has applied to adopt —
is not adopted by that self-employed woman within one year from the date the Director of Social Welfare is appointed as guardian in adoption of the child or a dependant’s pass is issued in respect of the child, as the case may be; or
is not a citizen of Singapore by birth and does not become a citizen of Singapore within 6 months from the date he is adopted by that self-employed woman,the Government may recover that payment from that self-employed woman as a civil debt.(7) In this section, “dependant’s pass”, in relation to a child, means a dependant’s pass issued in respect of the child under regulations made under the Immigration Act (Cap. 133) to enable the child to remain, or to enter and remain, in Singapore for the purposes of adoption under the Adoption of Children Act (Cap. 4).”.