Clause 41

under section 67B(2) to submit a withdrawal application on behalf of a member; or

before the date of commencement of section 41 of the Central Provident Fund (Amendment) Act 2016, to submit a withdrawal application on behalf of any member;“Medisave healthcare provider” means a person or an institution that has provided or is providing any medical, psychiatric or other treatment or services prescribed under section 77(1)(j);“withdrawal application” means an application, submitted on behalf of a member, to the Board —

by a Medisave healthcare provider for any sum standing to the member’s credit in the member’s medisave account to be withdrawn and paid to the Medisave healthcare provider in respect of medical, psychiatric or other treatment or services prescribed under section 77(1)(j); or

by an insurer for any sum standing to a member’s credit in the member’s medisave account to be withdrawn and paid to the insurer as a premium in respect of a medical insurance scheme or other insurance scheme referred to in section 77(1)(k).Application to withdraw money from member’s medisave account by approved applicant67B.—

A person may not, on behalf of a member, submit a withdrawal application to the Board for the withdrawal of any sum standing to the member’s credit in the member’s medisave account unless the person is approved under subsection (2).(2) The Board may, with the concurrence of the Minister charged with the responsibility for health, approve a Medisave healthcare provider or an insurer to submit any withdrawal applications on such terms and conditions as the Board may require.(3) The Board may, at any time, order the audit of an approved applicant in such manner as it may direct.(4) Subject to subsection (6), the Board may, with the concurrence of the Minister charged with the responsibility for health, cancel the approval of an approved applicant, by the Board or on the approved applicant’s application.(5) Where the Board is considering the cancellation of the approval of an approved applicant, the Board may, before the approval is cancelled, suspend the submission of any or all withdrawal applications by the approved applicant.(6) If the Board imposes a financial penalty on an approved applicant under section 67C, the Board must not cancel the approval of the approved applicant until after —

the disposal of any appeal against the imposition of the financial penalty and interest for late payment, if any, in accordance with regulations made under section 77(1)(rb); and

the approved applicant has paid the financial penalty and any interest for late payment that the approved applicant is liable to pay.Financial penalties for approved applicants67C.—

The Board may impose a financial penalty on an approved applicant for engaging in conduct that contravenes, on or after the date of commencement of section 41 of the Central Provident Fund (Amendment) Act 2016, any regulations made under section 77(1)(rb)(i) and is not an offence.(2) A financial penalty must not exceed the maximum amount to be prescribed, which in no case may be more than $10,000.(3) Any financial penalty imposed under subsection (1) and any interest for late payment prescribed under section 77(1)(rb) —

may be sued for and recovered by the Board under the Government Proceedings Act (Cap. 121) as if it were a debt due to the Government; and

must be paid into the Consolidated Fund upon collection or recovery by the Board.(4) The members, officers and employees of the Board, in relation to their administration, assessment, collection and enforcement of payment of financial penalties imposed under subsection (1) —

are taken to be public officers for the purposes of the Financial Procedure Act (Cap. 109); and

section 20 of that Act applies to such members, officers and employees of the Board despite not being in the employment of the Government.Repayment of moneys withdrawn from medisave account67D.—

Where any sum standing to the credit of a member in the member’s medisave account is withdrawn and paid by the Board to —

an approved applicant which is a Medisave healthcare provider in respect of medical, psychiatric or other treatment or services prescribed under section 77(1)(j); or

any person as reimbursement for payments made by that person for any medical, psychiatric or other treatment or services prescribed under section 77(1)(j),the approved applicant referred to in paragraph (a) or the person referred to in paragraph (b), as the case may be, (called in this section the recipient) must, if the withdrawal or payment of the amount paid to the recipient was not in compliance with regulations made under section 77(1)(j) —

repay to the Board the amount determined by the Board under subsection (3);

reimburse the Board for all reasonable expenses incurred by the Board in addressing the non‑compliance with those regulations; and

indemnify the Board against any liability incurred by the Board in connection with addressing the non‑compliance with those regulations.(2) Where any sum standing to the credit of a member in the member’s medisave account is withdrawn and paid by the Board to an insurer as a premium in respect of a medical insurance scheme or other insurance scheme referred to in section 77(1)(k), then, if the withdrawal or payment to the insurer was not in compliance with regulations made under that section, the insurer must —

repay to the Board the amount determined by the Board under subsection (3);

reimburse the Board for all reasonable expenses incurred by the Board in addressing the non‑compliance with those regulations; and

indemnify the Board against any liability incurred by the Board in connection with addressing the non‑compliance with those regulations.(3) The amount to be repaid under subsection (1)(i) or (2)(a) is the whole or such part as the Board may determine of —

the amount that was paid to the recipient in subsection (1) or the insurer referred to in subsection (2), as the case may be; and

the interest which would have been payable on the amount referred to in paragraph (a) if it had not been withdrawn from the medisave account.(4) Any sum not repaid under subsection (1)(i) or (2)(a) may be sued for and recovered by the Board under section 65.(5) Any sum not paid to the Board under subsection (1)(ii) or (iii) or (2)(b) or (c) may be sued for and recovered by the Board as a debt due to the Board.(6) The Board must credit to the member’s medisave account the amount that is determined by the Board under subsection (3).(7) This section applies —

whether the amount to be repaid under subsection (1)(i) or (2)(a) was withdrawn from the member’s medisave account or paid to the recipient in subsection (1) or the insurer referred to in subsection (2) (as the case may be) before, on or after the date of commencement of section 41 of the Central Provident Fund (Amendment) Act 2016; and

even if the recipient in subsection (1) or the insurer referred to in subsection (2) (as the case may be) has no obligation to repay or reimburse the payment to the member or the Board in the circumstances of the case, or is excluded by contract from such obligation.”.