Care Shield Life and Long-Term Care Bill

In this Act, unless the context otherwise requires —

“Administrator” —

“assessor” means an assessor approved by the Minister under section 17(1) to conduct, and report on, disability assessments;

“Board” means the Central Provident Fund Board constituted under section 3 of the CPF Act;

“claim applicant” means a person who makes a claim under section 16(1);

“Council” means the CareShield Life Council appointed under section 37;

“CPF Act” means the Central Provident Fund Act (Cap. 36);

“CPF member” means a “member of the Fund” or “member” as defined in section 2(1) of the CPF Act;

“CSHL Scheme” means the severe disability insurance scheme called the CareShield Life Scheme established by section 5;

“defaulter” means a person liable to pay an outstanding premium;

“ESH Scheme” means the severe disability insurance scheme called the ElderShield Scheme that is transferred by the private insurers to the Government;

“former ElderShield Scheme” means the ElderShield Scheme approved by the Minister, that immediately before the transfer date was administered by the private insurers, for the purposes of allowing a person to purchase a severe disability insurance policy from a private insurer;

“Fund” means the CareShield Life and ElderShield Insurance Fund established by section 35;

“health declaration” means a declaration as to whether a person has any pre‑existing medical condition (including a person’s disability condition) that is made to the Board for the purpose of determining whether a person is eligible for insurance cover under the CSHL Scheme or ESH Scheme;

“healthcare institution” means —

“healthcare practitioner” means —

“insured person” means a person who is insured under the CSHL Scheme or ESH Scheme, as the case may be;

“insured sum” means a prescribed sum that is payable monthly to an insured person under the CSHL Scheme or ESH Scheme;

“investigator” means an investigator appointed under section 46(1) or (2);

“IRAS” means the Inland Revenue Authority of Singapore established under section 3 of the Inland Revenue Authority of Singapore Act (Cap. 138A);

“LTC Support Fund” means the Long‑Term Care Support Fund established by section 38;

“means declaration” means a declaration, submitted to a person appointed by the Minister, for the purposes of determining an individual’s household income or eligibility for a grant, subsidy or other benefit under a public scheme;

“means information” means —

“medisave account” means a medisave account maintained under section 13 of the CPF Act;

“outstanding premium” means the amount of premium due which remains unpaid, and includes any interest imposed under section 23(1)(a), and any penalty imposed under section 29, in respect of the premium;

“premium” means a premium payable for insurance cover under the CSHL Scheme or ESH Scheme;

“prescribed public scheme” means a public scheme prescribed for the purposes of Part 8;

“prescribed social or healthcare‑related public scheme” means a public scheme, prescribed for the purposes of Part 8, that provides any grant, subsidy or other benefit for the payment of any social or healthcare expenses;

“private insurer”, in relation to the former ElderShield Scheme, means an insurer approved by the Minister charged with the responsibility for health to sell severe disability insurance policies to CPF members under that Scheme;

“public authority” means a body established or constituted by or under a public Act to perform or discharge a public function;

“public scheme” means a scheme that is established —

“rebate” means a payment from the Fund that is declared by the Minister under section 36(2);

“recovery body” means a public authority appointed as a recovery body under section 30;

“regulations” means any regulations made under section 64;

“severe disability” has the meaning given in the First Schedule;

“Supplement Scheme” means an insurance scheme administered by an insurer approved by the Minister to provide disability insurance benefits over and above the CSHL Scheme or ESH Scheme;

“transfer date” has the meaning given by section 8.

In reckoning the age of an individual for the purposes of this Act —

In this Act, a reference to a health declaration or means declaration includes a reference to a health declaration or means declaration (as the case may be) made before the date of commencement of section 5 or 11, in anticipation of the establishment of the CSHL Scheme or ESH Scheme, as the case may be.

In this Act, an individual who lacks mental capacity is an individual who lacks capacity within the meaning of section 4 of the Mental Capacity Act (Cap. 177A).

In this Act, unless the context otherwise requires, an “approved payee”, in relation to an insured person, means a person who is within a class of persons approved by the Minister to receive benefits under the CSHL Scheme or ESH Scheme on behalf of the insured person.

Different classes of persons may be approved under subsection (1) for different classes of claim applicants or different classes of insured persons.

There is established a severe disability insurance scheme called the CareShield Life Scheme or CSHL Scheme to provide payments of an insured sum to an insured person when he or she becomes severely disabled, during the period in which he or she is insured under the CSHL Scheme.

It is the function of the Board to administer, on behalf of the Government, the provisions of this Act specified in Part 1 of the Second Schedule for the purposes of the CSHL Scheme.

The Minister may appoint a person other than a public authority as an Administrator to administer, on behalf of the Government, the provisions of this Act specified in Part 2 of the Second Schedule for the purposes of the CSHL Scheme.

The CSHL Scheme applies to —

To ascertain the disability condition of an individual for the purposes of subsection (1)(b) and (c), the Board may require the individual to make a health declaration or attend a disability assessment by an assessor.

For the purposes of subsection (1)(c)(i), (iii) and (iv), different dates may be prescribed for different classes of citizens of Singapore and permanent residents of Singapore.

Despite subsection (1), where an individual —

An order made for the purposes of subsection (1)(c)(ii) cannot be amended or revoked by another order.

An individual who wishes to have insurance cover under the CSHL Scheme must apply to the Board in accordance with this section.

Despite any provision in the Mental Capacity Act, if an individual lacks mental capacity, an authorised applicant may make an application under this section on behalf of that individual.

An application must —

The Board may accept an application if the individual to be insured satisfies such requirements as may be prescribed.

In deciding whether to accept an application, the Board may —

A provision in any contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which a private insurer is a party on the eve of the transfer date which prohibits or has the effect of prohibiting the transfer of any property, rights, obligations or liabilities of the private insurer on the eve of the transfer date and that relate to the former ElderShield Scheme is deemed by this Act waived on the transfer date.

A provision in any contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which a private insurer is a party on the eve of the transfer date which confers on any counterparty to that contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity, other instrument or undertaking any right of first refusal or pre‑emption rights —

As from the transfer date —

It is the function of the Board to administer, on behalf of the Government, the provisions of this Act specified in Part 1 of the Third Schedule for the purposes of the ESH Scheme.

The Minister may appoint a person other than a public authority as an Administrator to administer, on behalf of the Government, the provisions of this Act specified in Part 2 of the Third Schedule for the purposes of the ESH Scheme.

This section applies to, and in relation to, the CSHL Scheme and ESH Scheme.

Subject to subsection (3), an insured person is entitled to one or more payments of an insured sum of an amount prescribed where —

An insured person’s entitlement to payment of an insured sum ends —

The rights and benefits of an insured person arising from his or her insurance cover under the CSHL Scheme or ESH Scheme are not assignable or transferable.

A policy of insurance issued under the CSHL Scheme or ESH Scheme does not create any legal or equitable trust.

Section 73 of the Conveyancing and Law of Property Act (Cap. 61) and section 49L of the Insurance Act do not apply to any policy of insurance issued under the CSHL Scheme or ESH Scheme.

The Insurance Act does not apply to the CSHL Scheme or ESH Scheme, or anything done under this Act in relation to the CSHL Scheme or ESH Scheme.

The premium for each insurance period (called in this section a relevant insurance period) is payable by or on behalf of an insured person until the insured person’s obligation to pay premiums under the CSHL Scheme or ESH Scheme (as the case may be) ends in accordance with the regulations.

The premium for each relevant insurance period is the amount specified in a prescribed manner, which may include a website.

For every relevant insurance period, the premium must be paid by, or on behalf of, an insured person —

Despite any provision in the CPF Act, the Board is entitled to deduct from the amount standing to a person’s credit in that person’s medisave account, the whole or any part of the premium for a relevant insurance period, and any interest or penalty imposed on an insured person under section 23 or 29 in respect of that premium, that —

The Board may waive the whole or any part of any premium, penalty or interest on late payment that is payable by, or on behalf of, an insured person.

Where the whole or any part of the premium paid by or on behalf of an insured person is liable to be refunded under this Act, the amount may be refunded —

The Board is entitled to recover on behalf of the Government from any amount which is liable to be refunded under this Act to a person in subsection (1)(a) or (b) —

Where a person who has paid in cash any sum towards the person’s premium for any insurance period (called in this section a relevant person), whether for the relevant person or for any other person, dies before the start of that insurance period, and the sum does not exceed such amount as the Minister may, by notification in the Gazette, specify —

Subsection (3) does not affect any recourse which any person may have against a proper claimant for an amount paid to the proper claimant under subsection (3)(a).

In this section —

“child” means a legitimate child and includes any child adopted by virtue of an order of court under any written law for the time being in force in Singapore, Malaysia or Brunei Darussalam;

“parent”, in relation to a relevant person, includes —

“proper claimant” means a person who —

Despite any provision in the Mental Capacity Act, an insured person may receive benefits under the CSHL Scheme or ESH Scheme if any of the following persons makes a claim in accordance with subsection (2) and the Administrator accepts the claim:

A claim must —

In deciding whether to accept a claim, the Administrator may —

The Administrator may refuse a claim —

The Minister may, subject to such conditions as the Minister may impose, approve one or more individuals having the necessary qualifications to be assessors to conduct, and report on, disability assessments under this Act.

An assessor may charge a fee, not exceeding such amount as may be prescribed, for every disability assessment that the assessor conducts in respect of a person.

Subject to the provisions of this section, where a claim is accepted by the Administrator under section 16, the Board may pay an insured sum under the CSHL Scheme or ESH Scheme (as the case may be) to the following persons:

A payment under subsection (1) may —

A payment to the insured person under subsection (1) may be made by paying to the insured person’s account in the Central Provident Fund or in such other manner as the Board may determine.

A payment under subsection (1) to a person other than the insured person may be made in such manner as the Board may determine.

A payment by the Board to a person mentioned in subsection (1) is a proper discharge of the Board’s and Administrator’s duties under this Part.

Subsection (5) does not prevent the Board from making one or more payments of the insured sum to —

Despite section 12(3)(b), the Board may continue to make payment under this section of any insured sum to, or for the benefit of, an insured person mentioned in section 12(3)(b) until the completion of the insured person’s next periodic disability review mentioned in section 21.

An approved payee mentioned in subsection (1) who receives any insured sum on behalf of an insured person may, in such circumstances as may be prescribed, pay the whole or any part of the insured sum to the insured person’s account in the Central Provident Fund.

Despite any provision in the CPF Act, the Board may, in such circumstances as may be prescribed, allow the withdrawal by such person or persons as may be prescribed of the whole or any part of any insured sum paid to the insured person’s account in the Central Provident Fund under subsections (3) and (8).

The Board may defer or suspend, for such period or further period as the Board may determine, the payment of an insured sum under section 18 in the circumstances prescribed.

At the end of every period or further period of deferment or suspension (as the case may be) mentioned in subsection (1), the Board has to resume payment of the insured sum for the month immediately after the month in which the deferment or suspension ends and may restore the whole or any part of the insured sums payment of which was deferred or suspended, as directed by the Administrator.

Where the payment of an insured sum has been deferred or suspended under subsection (1) for a continuous period exceeding a period prescribed and has to be deferred or suspended further, the Board may, instead of further deferring or suspending the payment, determine to stop payment entirely and request that the insured person make a new claim.

Despite any other written law, all benefits (including goodwill sums) that are paid to an insured person, or for the benefit of an insured person, under the CSHL Scheme or ESH Scheme —

Subsection (1)(b) does not apply to the set‑off of —

The Administrator may, from time to time, conduct a disability review in respect of an insured person receiving an insured sum under the CSHL Scheme or ESH Scheme, or for whose benefit an insured sum is being paid under the CSHL Scheme or ESH Scheme.

For the purposes of a disability review under subsection (1) in respect of an insured person, the Administrator may —

The Board may stop payment of any insured sum to, or for the benefit of, an insured person if the Board is informed by the Administrator that the insured person or claim applicant on behalf of the insured person (as the case may be) fails to comply with a request or requirement under subsection (2).

The Board may, in such circumstances as may be determined by the Administrator —

If, on account of any material change to the information available to the Board or the correction of any error relating to an insured person or in other prescribed circumstances (if prescribed), the Board finds that any premium paid in respect of any insurance period by or for any person insured or to be insured under the CSHL Scheme or ESH Scheme is less than an amount which ought to have been paid under this Act, the amount of the shortfall is payable, by all or any of the following persons, and in such proportion, as the Board may require:

If, on account of any material change to the information available to the Board or the Administrator, or the correction of any error relating to an insured person or in any other circumstances prescribed, the Board or the Administrator finds that any benefit or payment under the CSHL Scheme or ESH Scheme has been paid in excess of the amount that ought to have been paid under the CSHL Scheme or ESH Scheme (as the case may be), the Board or the Administrator (as the case may be) may direct that the excess payment be repaid to the Fund in accordance with the regulations by the insured person or approved payee who received the excess payment.

The Board may charge an insured person, a person by whom the premium is payable or an approved payee (as the case may be) an administrative fee of such amount as may be prescribed and (if applicable) interest on the excess payment at such rate as may be prescribed, if any material change, error or prescribed circumstances referred to in subsection (1) or (2) arise from incorrect information which is —

Sections 14(4), 23 to 30, 35, 59(2) and 64(2)(g) apply, with such modifications as may be prescribed, to any amount payable under this section as they apply to a premium.

If the whole or any part of the premium payable for an insurance period under the CSHL Scheme remains unpaid at the expiry of such period as the Board may permit (being at least one month) after the beginning of that insurance period —

A recovery body must serve a demand note on a defaulter liable to pay any outstanding premium —

A demand note must state —

This Part applies to an outstanding premium despite any appeal pending against liability to pay the whole or any part of that outstanding premium.

A recovery body may, if it considers necessary, by written notice declare any person (other than the Government) to be a defaulter’s agent.

The person declared to be the defaulter’s agent under subsection (1) is regarded as the agent of the defaulter for the purposes of this Act, and may be required by the recovery body to pay any outstanding premium payable under the CSHL Scheme by the defaulter from any moneys which may be held or received by the defaulter’s agent for, or due from the defaulter’s agent to, the defaulter —

Where separate amounts of moneys come to be held or received by the defaulter’s agent for, or become due from the defaulter’s agent to, the defaulter at different times within the period in subsection (2)(a) or (b) (as the case may be), the recovery body may require the outstanding premium to be paid in instalments of such sums as the recovery body may specify from one or more of those separate amounts.

Any person who is declared by a recovery body to be a defaulter’s agent under subsection (1) and is aggrieved by the declaration may object to the declaration by written notice to the recovery body within 14 days after the date of receipt of the notice, or within such longer period as the recovery body in its discretion may allow in a particular case.

The recovery body must examine the objection under subsection (4) and may cancel, vary or confirm the declaration objected to.

An objector in subsection (4) who is aggrieved by the recovery body’s decision under subsection (5) may appeal against that decision in accordance with the regulations.

If the defaulter’s agent fails to make any payment under subsection (2), the outstanding premium is recoverable from the defaulter’s agent in the manner provided in section 27.

For the purposes of this section, a recovery body may require any person to give information as to —

Where a defaulter’s agent makes any payment of moneys to the recovery body under this section or section 25 —

In this section, “earnings”, in relation to a defaulter, means any sum payable to the defaulter —

This section applies where the moneys referred to in section 24(2) are moneys in a joint account of which the defaulter is a joint account holder, or are the proceeds of sale of any immovable property of which the defaulter was a joint owner.

The defaulter’s agent must —

It is presumed, until the contrary is proved, that the joint account holders of a joint account have equal shares of the moneys in the account as at the date of the receipt of the notice under section 24(1), and that the joint owners of any immovable property share the proceeds of sale of the property equally.

Any owner of joint moneys who objects to the share presumed under subsection (3) may give notice of the owner’s objection in writing to the defaulter’s agent within 28 days after the date of the receipt of the agent’s notice under subsection (2)(a), or within such longer period as the recovery body may allow, and give proof as to the owner’s share of the joint moneys together with the notice of objection.

Where an objection under subsection (4) is received, the defaulter’s agent must —

The recovery body must consider the objection under subsection (4) and, by written notice, inform the objector of its decision.

An owner of joint moneys aggrieved by the decision of the recovery body under subsection (6) may appeal against that decision in accordance with the regulations.

Where the recovery body has decided under subsection (6) on the amount of the defaulter’s share of the joint moneys, the defaulter’s agent must, despite any appeal under subsection (7), pay that amount, from the amount of the joint moneys retained under subsection (5)(b), towards any outstanding premium due from the defaulter.

In this section, “joint account” means a bank account in the names of 2 or more persons, but excludes any partnership account, any trust account and any account where a minor is one of the joint account holders.

Where —

If a public officer makes a payment under subsection (1) towards the outstanding premium referred to in subsection (1)(a) —

All outstanding premiums imposed under this Act, all excess payments under the CSHL Scheme and ESH Scheme, and all sums due to the Fund, may be sued for and recovered by a recovery body in its own name by way of specially endorsed writ of summons.

A recovery body is entitled to all costs and interest allowed by law against the person sued.

All sums (including costs and interest) recovered in a suit brought under this section must be paid into the Fund.

Where a recovery body is of the opinion that any defaulter is about or likely to leave Singapore without paying all outstanding premiums payable under the CSHL Scheme by the defaulter, the recovery body may —

Subject to the provisions of any order issued or made under any law for the time being in force relating to banishment or immigration, upon receiving a direction under subsection (1), the Commissioner of Police or the Controller of Immigration, or both (as the case may be), must take, or cause any police officer or immigration officer to take, such measures as may be necessary to prevent the defaulter in question from leaving Singapore until every outstanding premium has been paid or secured.

The measures mentioned in subsection (2) may include —

Despite section 61, when the recovery body issues the certificate under subsection (1), the recovery body must give the defaulter, by personal service or registered post, a notification of the issue of the certificate; but a non‑receipt of the notification does not invalidate any proceedings under this section.

Payment of any outstanding premium to an officer‑in‑charge of a police station or an immigration officer, or production of a certificate issued by the recovery body stating that an outstanding premium has been paid or secured, is sufficient authority to not prevent the defaulter from leaving Singapore.

A defaulter who, knowing that a direction has been issued under this section to prevent the defaulter’s departure from Singapore, voluntarily leaves or attempts to leave Singapore without paying the outstanding premium or furnishing security to the recovery body’s satisfaction for that payment —

No civil or criminal proceedings are to be instituted or maintained against the Commissioner of Police, the Controller of Immigration or any other police officer or immigration officer, in respect of anything done in good faith and with reasonable care under the authority of this section.

Subject to subsection (3), if the whole or any part of the premium for an insurance period under the CSHL Scheme, or any interest imposed under section 23(1)(a), remains unpaid at the expiry of such period as the Board may permit (being not less than one month) after the beginning of that insurance period, a penalty may be added to the premium and interest at the rates and times prescribed in the regulations.

Subject to subsection (3), the regulations may provide for penalties to be imposed at different rates for premiums and interest imposed under section 23(1)(a) which remain unpaid for different periods.

The total amount of the penalties imposed on the premium and interest for an insurance period must not exceed 17% of the total amount of the premium for that insurance period and any interest imposed under section 23(1)(a) on the outstanding premiums for that insurance period.

The recovery body may, subject to such terms and conditions as the recovery body may specify, extend the time limit within which payment of any penalty is to be made.

A recovery body may for any good cause shown remit the whole or any part of the penalty imposed under subsection (1).

The Minister may appoint one or more public authorities as recovery bodies for the purposes of this Part.

A recovery body may —

Despite the provisions of any written law, a legal officer of a recovery body who is an advocate and solicitor may appear for the recovery body in any civil proceedings arising from the exercise of the recovery body’s powers under this Part, and may make and do all acts and applications in respect of such proceedings on behalf of the recovery body.

Where the Minister certifies, under the Minister’s hand, that an authorised person requires confidential information relating to the disability of a person (called in this section a data subject) which is in the possession of a healthcare institution or a healthcare practitioner who attended to the data subject in order to —

Where any confidential information about a data subject has been obtained under subsection (1), the authorised person may —

If a data subject opts out, in the manner determined by the Minister, from the provision of information about the data subject for the purposes of subsection (1)(a), an authorised person must not, from the time the authorised person is notified that the data subject has opted out, except with the data subject’s consent —

If a data subject opts out, in the manner determined by the Minister, from the provision of information about the data subject for a prescribed purpose mentioned in subsection (2)(a) or for the purposes of subsection (2)(b) or (c), an authorised person must not, from the time the authorised person is notified that the data subject has opted out, disclose the information under subsection (2)(a) for that prescribed purpose or the information under subsection (2)(b) or (c) (as the case may be), except with the data subject’s consent.

In this Part, “authorised person” means a person authorised by the Minister to access, use or disclose information obtained under subsection (1) for the purposes described in subsection (1)(a) or (b) or (2)(a), (b) or (c).

Where the Minister certifies, under the Minister’s hand, that a public officer, a public authority or any other organisation or person (called in this subsection a recipient organisation) requires any particular class of confidential information about a person (called in this section a data subject), which is in the possession of a Government department, another public authority or the Administrator, for the administration or enforcement of the CSHL Scheme, ESH Scheme or any prescribed social or healthcare‑related public scheme (as the case may be), or in order to disburse or facilitate the disbursement of any grant, subsidy or benefit under a prescribed social or healthcare‑related public scheme, in relation to the data subject —

The Board may use so much of the confidential information about a data subject obtained by the Board before, on or after the date of commencement of this section in the course of performing the Board’s functions or duties under the CPF Act, to administer or enforce the CSHL Scheme or ESH Scheme in relation to that data subject as —

The Board may use so much of the confidential information about a data subject obtained by the Board in the course of performing its functions or duties under this Act to perform the Board’s functions and duties under the CPF Act in relation to that data subject as the Minister approves to be used for that purpose.

An Administrator may use so much of the confidential information about a data subject obtained by the Administrator in the course of performing its functions or duties under this Act to administer or enforce the CSHL Scheme, ESH Scheme or any prescribed social or healthcare‑related public scheme in relation to that data subject as the Minister approves to be used for that purpose.

A person who had consented, before the date of commencement of section 64(2)(l), to the Board disclosing information about that person in the Board’s possession to an insurer to administer or operate an insurance scheme mentioned in section 77(1)(k) of the CPF Act in relation to that person, or that person’s dependant, is deemed to consent to the Board disclosing information, obtained by the Board on or after that date in the course of administering or enforcing the CPF Act or this Act, to that insurer to administer or operate that insurance scheme (whether pursuant to regulations made under section 77(1)(k) of the CPF Act or regulations made under section 64(2)(l)), until such deemed consent is withdrawn.

IRAS may, if it is prescribed as a recovery body, use to enforce the CSHL Scheme or ESH Scheme so much of the means information and confidential information obtained by it (whether before, on or after the date of commencement of this section) in the course of performing its functions under section 6 of the Inland Revenue Authority of Singapore Act as the Minister charged with the responsibility for finance approves to be used for such purpose.

This section does not apply to —

Subject to subsections (2), (3) and (4), a person who, knowing that any information about any other person was provided or obtained under any provision of section 31 or 32, accesses, uses or discloses the information, without the consent of that other person, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

No person or organisation shall be guilty of an offence under any written law or of any breach of confidence, shall incur any civil liability or shall be liable to any disciplinary action by a professional body, by virtue merely of doing any of the following in good faith and with reasonable care: