Clause 36

Subject to subsections (2) and (3), the Board may —

approve any application to the Board under this Act that is made on behalf of a relevant person by an approved caregiver of that person; or

permit any information for the purposes of this Act to be furnished to the Board on behalf of a relevant person by an approved caregiver of that person.(2) Any approval or permission given by the Board under subsection (1) shall be subject to such terms and conditions as the Board may, with the approval of the Minister, impose.(3) Where any application under this Act for, or which will result in, any transfer, withdrawal or refund of any money standing to the credit of a relevant person in the Fund, or any payment or refund of any money to a relevant person or his account in the Fund, is made to the Board on behalf of that person by an approved caregiver of that person, and that application is an application to which this subsection applies, the Board shall not approve that application if the amount of the money, or the aggregate of that amount and of such other amounts as the Board may determine, exceeds such sum as the Minister may, by notification in the Gazette, specify.(4) Where any application under this Act for, or which will result in, any withdrawal or refund of any money standing to the credit of a relevant person in the Fund, or any payment or refund of any money to a relevant person, is made to the Board on behalf of that person by an approved caregiver of that person, that application is an application to which this subsection applies, and the Board has approved that application in accordance with subsections (2) and (3), the Board may pay the amount of the money to the approved caregiver.(5) The receipt of the approved caregiver shall be a discharge to the Board for the amount paid to the approved caregiver under subsection (4).(6) Subsection (4) shall not affect any recourse which any person may have against the approved caregiver for the amount paid to the approved caregiver under that subsection.(7) The approved caregiver shall apply the amount paid to him under subsection (4) towards the costs of the relevant person’s maintenance.(8) Any approved caregiver who contravenes subsection (7) 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 12 months or to both.(9) The Board may —

determine the applications to which subsection (3) applies;

determine different amounts under subsection (3) for different applications to which that subsection applies; and

determine the applications to which subsection (4) applies.(10) In this section —“approved caregiver”, in relation to a relevant person, means any person who —

satisfies the Board that he is a caregiver of the relevant person; and

is approved by the Board for the purposes of this section;“relevant person” means a person —

whom the Board is satisfied —

is entitled, but is unable, to make any application to the Board under this Act; or

is unable to furnish any information to the Board for the purposes of this Act;

whose inability under paragraph (a)(i) or (ii), as the case may be, the Board is satisfied, is likely to be permanent; and

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

a deputy appointed or deemed to be appointed for the person by the High Court under the Mental Capacity Act (Cap. 177A) 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.”.