Clause 37

in the section heading, replace “in relation to which charge has been constituted under section 21B(1)” with “with charge under section 21B(1) or 21C(1)”;

in subsection (1), after paragraph (a), insert —“(aa)any of the following charges exists or has been constituted:

a charge under section 21B(1) on the HDB flat to secure the repayment to the Board of the money withdrawn from the Fund (including the whole or such part, as the Board may determine, of the interest that would have been payable thereon if the withdrawal had not been made);

a charge constituted under section 21C(1) on a replacement property to secure the repayment to the Board of that money and interest, where the relevant charge referred to in section 21C(1)(a) is a charge mentioned in sub‑paragraph (i) or a charge under section 21C(1) for the repayment to the Board of that money and interest;”;

in subsections (1)(b) and (c) and (2)(b), (c) and (e), after “HDB flat”, insert “or replacement property (as the case may be)”;

in subsection (1), after “then, subject to”, insert “subsection (1A) and”;

in subsection (1)(i), replace “21B(2), (3)(a), (b) and (d) and (5) to (11)” with “21B(2), (3) and (5) to (11B)”;

after subsection (1), insert —“(1A) In the case of a charge mentioned in subsection (1)(aa)(ii) on a replacement property, subsection (1) applies with the following modifications:

any reference to the HDB flat in subsection (1)(f), (g), (h) and (k) is to be read as a reference to the replacement property;

in addition to subsection (1)(i), any reference to the HDB flat in section 21B(2), (3), (5) to (8) and (10) to (11B) is to be read as a reference to the replacement property.”;

in subsection (2), after paragraph (a), insert —“(aa)any of the following charges exists or has been constituted:

a charge under section 21B(1) on the HDB flat to secure the repayment to the Board of the money withdrawn from the Fund (including the whole or such part, as the Board may determine, of the interest that would have been payable thereon if the withdrawal had not been made);

a charge constituted under section 21C(1) on a replacement property to secure the repayment to the Board of that money and interest, where the relevant charge referred to in section 21C(1)(a) is a charge mentioned in sub‑paragraph (i) or a charge under section 21C(1) for the repayment to the Board of that money and interest;”; and

in subsection (2)(d), replace “constituted on the HDB flat under section 21B(1)” with “mentioned in paragraph (aa)”.