Clause 66

by inserting, immediately after the definition of “approved corporation”, the following definition:“ “assessor” means a person having the necessary qualifications approved by the Minister charged with the responsibility for health, subject to such conditions as that Minister may impose, to conduct, and report, on disability assessments for the purposes of a certification under section 16B(2);”;

by inserting, immediately after the definition of “Board”, the following definitions:“ “CareShield Life Scheme” means the CareShield Life Scheme established by section 5 of the CareShield Life and Long‑Term Care Act 2019;“certifying body” means a body appointed by the Minister charged with the responsibility for health —

to certify whether a member needs long‑term care based on the conditions prescribed in regulations made under section 77(1); and

to determine the matters in sections 16B and 16C;”;

by inserting, immediately after the definition of “contract”, the following definition:“ “ElderShield Scheme” means the ElderShield Scheme established by section 11 of the CareShield Life and Long‑Term Care Act 2019;”;

by inserting, immediately after the definition of “interest in land”, the following definition:“ “investigator” means an investigator appointed under section 58D(1) or (2);”; and

by inserting, immediately after the definition of “special account”, the following definition:“ “Supplement Scheme” means the Supplement Scheme defined in section 2(1) of the CareShield Life and Long‑Term Care Act 2019;”.

withdrawals or deductions from a member’s medisave account made in accordance with this Act or the CareShield Life and Long‑Term Care Act 2019; or

any payment made by the Board, as a defaulter’s agent under section 24 or 25 of the CareShield Life and Long‑Term Care Act 2019, from moneys payable from the Fund.”.

by deleting the words “or the MediShield Life Scheme Act 2015 (Act 4 of 2015)” in paragraph (a) and substituting the words “, the MediShield Life Scheme Act 2015 (Act 4 of 2015) or the CareShield Life and Long‑Term Care Act 2019”; and

by deleting the words “or the MediShield Life Scheme Act 2015” in paragraph (b) and substituting the words “, the MediShield Life Scheme Act 2015 or the CareShield Life and Long‑Term Care Act 2019”.

by inserting, immediately after the words “section 34 of the MediShield Life Scheme Act 2015”, the words “, section 64 of the CareShield Life and Long‑Term Care Act 2019”; and

by deleting the full‑stop at the end of paragraph (c) and substituting a semi‑colon, and by inserting immediately thereafter the following paragraphs:“(d)for any premium (including interest and penalties for late payment) and other sums payable for the member’s insurance under the CareShield Life Scheme or ElderShield Scheme, or under any Supplement Scheme, if —

the member is insured under the CareShield Life Scheme, ElderShield Scheme or Supplement Scheme, as the case may be; and

the Board has authorised, whether before or after the member’s death, the withdrawal of any amount standing to his credit in his medisave account for the payment of any such premium;

for the member or the member’s dependant pursuant to section 16B, if that withdrawal had been authorised before the member’s death.”.

The Board may, on application by a member of the Fund, permit the member to withdraw the whole or any part of the sum standing to the member’s credit in the medisave account as the Board may determine, for the member or the member’s dependant, as the case may be, in accordance with regulations made under section 77(1) and subject to such terms and conditions as the Board may impose, if —

the amount standing to the credit of the member is not less than such amount as may be prescribed;

a certification under subsection (2) has been issued and remains in force; and

the member and, where applicable, the member’s dependant satisfy such other conditions as may be determined by the Minister charged with the responsibility for health.(2) The certifying body may, on an application by a member who wishes to make an application under subsection (1), issue a certification in writing stating that the member is eligible to make a withdrawal —

in the case of a withdrawal for the member —

if the certifying body is satisfied that the member requires long‑term care based on the conditions prescribed in regulations made under section 77(1);

if the member has, at the time the certifying body issues the certification, attained such age as may be prescribed in regulations made under section 77(1); and

if the member satisfies such other requirements as the Minister charged with the responsibility for health may impose; or

in the case of a withdrawal for the member’s dependant —

if the certifying body is satisfied that the member’s dependant requires long-term care based on the conditions prescribed in regulations made under section 77(1);

if the member and the member’s dependant have, at the time the certifying body issues the certification, attained such age as may be prescribed in regulations made under section 77(1); and

if the member’s dependant satisfies such other requirements as the Minister charged with the responsibility for health may impose.(3) The Minister charged with the responsibility for health may, in any particular case, waive any condition mentioned in subsections (1)(a) and (b), (2)(a)(i) and (ii) and (2)(b)(i) and (ii).(4) For the purposes of a certification under this section, the certifying body may —

carry out such inquiries and investigations in relation to the certification;

request that the member or member’s dependant (as the case may be) provide, within a specified time, any information that the certifying body requires; and

require the member or member’s dependant (as the case may be) to attend a disability assessment by an assessor.(5) The Minister charged with the responsibility for health may —

in writing delegate to any person, or group of persons, appointed by the Minister all or any of his functions and powers under subsection (3); and

under paragraph (a), delegate different functions and powers to different persons or groups of persons.(6) Where the Board permits the withdrawal of an amount under subsection (1) for the member or the member’s dependant (as the case may be), the Board may pay the amount to —

the person for whom the amount was withdrawn; or

an approved payee nominated by the person mentioned in paragraph (a) to receive the amount on the person’s behalf,as determined by the certifying body.(7) A payment by the Board to a person mentioned in subsection (6) is a proper discharge of the Board’s duties under this section.(8) Subsection (7) does not affect any recourse which any person may have against the person receiving the amount paid to him under subsection (6).(9) The approved payee who receives the amount under subsection (6) for the person for whom the amount was withdrawn may, in such circumstances as may be prescribed, pay the whole or any part of the amount to that person’s account in the Fund.(10) Except where subsection (9) applies, the approved payee who receives the amount under subsection (6) for the person whom the amount was withdrawn must first apply the amount for the care of the person for whom the amount was withdrawn.(11) An approved payee who, without reasonable excuse, contravenes subsection (10) shall be guilty of an offence and shall be liable on conviction —

in the case of an individual —

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and

in addition, to a penalty equal to 4 times the relevant amount; or

in any other case —

to a fine not exceeding $20,000; and

in addition, to a penalty equal to 8 times the relevant amount.(12) Where a person has been convicted by a court under subsection (11), the court may order that person to make payment of the whole or any part of the amount received by him under subsection (6) including the whole or any part of the interest that would have been payable thereon had the amount not been withdrawn from the Fund.(13) Where a court has ordered payment under subsection (12), the moneys given by a person in compliance with the order are to be paid to the medisave account of the member from which the amount was withdrawn under subsection (6).(14) In this section —Application under section 16B by approved person16C.—

Despite section 70 and any provision in the Mental Capacity Act (Cap. 177A) but subject to subsection (2) —

the Board may —

permit the whole or any part of the sum standing to a relevant person’s credit in the medisave account to be withdrawn under section 16B, where an application to the Board under section 16B is made by an approved person on behalf of a relevant person; or

permit any information for the purposes of section 16B to be provided to the Board by an approved person on behalf of a relevant person (whether or not the relevant person is the person whose moneys in the medisave account are to be withdrawn under section 16B); and

for the purposes of a certification under section 16B —

the certifying body may permit any information to be provided to the certifying body by an approved person on behalf of a relevant person (whether or not the relevant person is the person whose moneys in the medisave account are to be withdrawn under section 16B); and (ii)the approved person may do all that is necessary in relation to the application under section 16B.(2) Any permission by the Board under subsection (1)(a) is subject to such terms and conditions as the Board may, with the approval of the Minister charged with the responsibility for health, impose.(3) Where the Board permits the whole or any part of the sum standing to the relevant person’s credit in the medisave account to be withdrawn under subsection (1), the Board may pay the amount withdrawn from the relevant person’s medisave account to an approved payee nominated by the approved person to receive the amount on the relevant person’s behalf.(4) Where —

the relevant person is the member’s dependant; and

the Board permits the whole or any part of the sum standing to the member’s credit in the medisave account to be withdrawn under section 16B(1) for the relevant person,the Board may pay the amount withdrawn from the member’s medisave account to an approved payee nominated by the approved person, to receive the amount on behalf of the relevant person.(5) The receipt by the approved payee is a proper discharge of the Board’s duties for the amount paid to the approved payee under subsection (3) or (4), as the case may be.(6) Subsection (5) does not affect any recourse which any person may have against the approved person or the approved payee for the amount paid to the approved payee under that subsection.(7) The approved payee who receives the amount under subsection (3) or (4) (as the case may be) for the relevant person may, in such circumstances as may be prescribed, pay the whole or any part of the amount to that person’s account in the Fund.(8) Except where subsection (7) applies, the approved payee must first apply the amount paid to him under subsection (3) or (4) (as the case may be) for the care of the relevant person.(9) An approved payee who, without reasonable excuse, contravenes subsection (8) shall be guilty of an offence and shall be liable on conviction —

in the case of an individual —

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and

in addition, to a penalty equal to 4 times the relevant amount; or

in any other case —

to a fine not exceeding $20,000; and

in addition, to a penalty equal to 8 times the relevant amount.(10) Where a person has been convicted by a court under subsection (9), the court may order that person to make payment of the whole or any part of the amount paid to him under subsection (3) or (4) (as the case may be) including the whole or any part of the interest that would have been payable thereon had the amount not been withdrawn from the Fund.(11) Where a court has ordered payment under subsection (10), the moneys given by a person in compliance with the order are to be paid to the medisave account of the person from whose medisave account the moneys were withdrawn.(12) The Minister charged with the responsibility for health may —

approve different classes of approved payees for applications made by different classes of approved persons; (b)impose different terms and conditions for different classes of approved persons; and

impose different terms and conditions for different classes of approved payees.(13) In this section —

whom the certifying body is satisfied to lack mental capacity and who —

is entitled, but is unable, to make any application under section 16B; or

is unable to provide any information for the purposes of section 16B; and

who, to the best of the certifying body’s knowledge, has neither of the following:

a deputy appointed or deemed to be appointed for the person by the court under the Mental Capacity Act with power in relation to the person for the purposes of this Act;

a donee under a lasting power of attorney registered under the Mental Capacity Act with power in relation to the person for the purposes of this Act.”.

by inserting, immediately after “16A,” in subsections (6)(b)(i) and (7)(b)(i), “16B,”;

by deleting the word “and” at the end of subsections (6)(b)(ii)(A) and (7)(b)(ii)(A);

by deleting the full‑stop at the end of subsections (6)(b)(ii)(B) and (7)(b)(ii)(B) and substituting in each case the word “; and”; and

by inserting, immediately after sub‑paragraph (B) of subsections (6)(b)(ii) and (7)(b)(ii), the following sub‑paragraph:“(C)the CareShield Life and Long‑Term Care Act 2019.”.

the making of an application for the purposes of section 16B or 16C; and

the provision of information for the purposes of section 16B or 16C.”.

A person commits an offence if the person —

makes, or assists in the making of an application for purposes of section 16B or 16C which is false or misleading in a material particular, knowing that the application is false or misleading in a material particular;

omits any matter or thing without which the application for purposes of section 16B or 16C is misleading in a material particular, knowing that the omission makes the application misleading; or

provides any information for purposes of section 16B or 16C which is false or misleading in a material particular, knowing that the information provided —

is false or misleading in a material particular; and

may be included in an application for purposes of section 16B or 16C.(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —

in the case of an individual — to a penalty equal to the relevant amount; or

in any other case — to a penalty equal to 5 times the relevant amount.(3) A person who commits an offence under subsection (1), with the intention of causing the Board to permit a withdrawal under section 16B or 16C which the Board would otherwise not permit, shall be guilty of an offence and shall be liable on conviction —

in the case of an individual —

to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; and

in addition, to a penalty equal to 2 times the relevant amount; or

in any other case —

to a fine not exceeding $10,000; and

in addition, to a penalty equal to 4 times the relevant amount.(4) In this section, “relevant amount” means the amount withdrawn from the medisave account under section 16B or 16C as a result of the offence, or that would have been so withdrawn if the false or misleading declaration or application (as the case may be) had been accepted as correct.Fraudulent disability assessment58C.—

An assessor in making a report of a disability assessment that the assessor conducted for a person for the benefit of whom an application is made under section 16B or 16C must not give any information which is false, or conceal any information, with the intent of causing an application made under section 16B or 16C (as the case may be) to be accepted and overpaid or rejected and underpaid.(2) An assessor who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and

in addition, to a penalty equal to 4 times the relevant amount (if applicable).(3) In this section, “relevant amount” means the amount of overpayment and the amount of assessment fee charged for the assessment.Investigators58D.—

The Minister charged with the responsibility for health may, in writing, appoint any public officer or any other person as an investigator to investigate any offence in relation to a withdrawal of moneys from the medisave account under section 16B or 16C or any regulations made under section 77(1) in relation to such withdrawal.(2) The chief executive officer of the Board may, in writing, appoint any officer of the Board as an investigator to investigate any offence in relation to a withdrawal of moneys from the medisave account under section 16B or 16C or any regulations made under section 77(1) in relation to such withdrawal.(3) An investigator, when exercising any powers and carrying out any duties under this Act, must comply with such general or special directions as may from time to time be given —

by the Minister, if the investigator is a public officer or a person mentioned in subsection (1); or

by the chief executive officer of the Board, if the investigator is an officer of the Board.Power to obtain information58E.—

An investigator who has a reasonable suspicion that any person has committed an offence in relation to a withdrawal of moneys from the medisave account under section 16B or 16C or any regulations made under section 77(1) in relation to such withdrawal may —

by written notice require any person to attend at such reasonable time and at such place as may be specified by the investigator to answer any question or to provide a signed statement in writing concerning the suspected offence;

require any person —

to provide any information within the person’s knowledge; or

to produce for inspection any document or record in the person’s possession,that the investigator believes on reasonable grounds to be connected with the suspected offence; and

retain the original copy of any document or record that the investigator believes on reasonable grounds to be connected with the suspected offence, or make or cause to be made, without payment, copies of or extracts from that document or record.(2) Where any document or record required by an investigator is kept in electronic form, then —

the power of an investigator to require that document or record to be produced for inspection under subsection (1)(b)(ii) includes the power to require a copy of that document or record to be made available for inspection in legible form; and

subsection (1)(c) applies to any copy so made available.(3) Any copy of or extract from any document or record made under subsection (1)(c) and certified as such by the investigator is admissible as evidence in any proceedings under this Act.(4) A person who, when required by an investigator to provide under subsection (1)(b) any information or produce any document or record, refuses or fails, without reasonable excuse, to provide the information or to produce the document or record within the time allowed by the investigator shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.Obstructing investigators in execution of duties58F. A person who, without reasonable excuse, obstructs, hinders or impedes any investigator in the performance or execution of a duty or anything which the investigator is authorised, empowered or required to do under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.”.

to provide for the determination of the following matters or prescribe the person or persons who will make a determination of the following matters:

the circumstances in which any amount standing to the credit of a member in the member’s medisave account is permitted to be withdrawn;

the amount that may be withdrawn from the member’s medisave account for different classes of members;

the manner in which the amount withdrawn from the member’s medisave account may be paid, including by payment to the member’s or another member’s account in the Fund;

the deduction (if any), from the member’s account in the Fund or from the amount mentioned in sub‑paragraph (B) that may be withdrawn, for any costs or expenses charged (including by any third party) for facilitating any payment mentioned in sub‑paragraph (C);

the repayment by any person of all or such part of the amount withdrawn (including the whole of such part, as the Board may determine, of the interest that would have been payable on the amount if the amount had not been so withdrawn) and payment to the Fund of the whole or such part of any reasonable expenses incurred by the Board, or any person or group of persons appointed by the Board or the Minister charged with the responsibility for health, in recovering such sum or interest;

the circumstances in which a repayment mentioned in sub‑paragraph (E) is to be made, the person or persons who are to make the repayment, and the manner in which any such repayment may be made, including by repayment to the member’s or any other person’s medisave account;

the manner in which a member’s dependant is related to the member for the purposes of determining the eligibility to withdraw from the member’s medisave account, which may be different for different classes of members; and

to provide for the Board to retain the amount permitted to be withdrawn under sub‑paragraph (i)(A) and set it off against any amount payable to the member’s account in the Fund mentioned in sub‑paragraph (i)(C);”.