Central Provident Fund (Ministry of Defence Housing Scheme) Regulations

These Regulations may be cited as the Central Provident Fund (Ministry of Defence Housing Scheme) Regulations.

In these Regulations, unless the context otherwise requires —[Deleted by S 655/2016 wef 01/01/2017][Deleted by S 655/2016 wef 01/01/2017][Deleted by S 655/2016 wef 01/01/2017]“common property” has the same meaning as in section 3 of the Land Titles (Strata) Act 1967;“flat” includes any land adjacent to a flat that the Housing and Development Board has approved for purchase or acquisition as part of the flat;[Deleted by S 655/2016 wef 01/01/2017]“Minister for Finance” means the Minister for Finance incorporated under the Minister for Finance (Incorporation) Act 1959;“Ministry of Defence Housing Scheme” means any scheme approved by the Minister for the purchase of flats by officers of the Singapore Armed Forces;“officer” has the same meaning as in the Singapore Armed Forces Act 1972.

“common property” has the same meaning as in section 3 of the Land Titles (Strata) Act 1967;

“flat” includes any land adjacent to a flat that the Housing and Development Board has approved for purchase or acquisition as part of the flat;

“Minister for Finance” means the Minister for Finance incorporated under the Minister for Finance (Incorporation) Act 1959;

“Ministry of Defence Housing Scheme” means any scheme approved by the Minister for the purchase of flats by officers of the Singapore Armed Forces;

“officer” has the same meaning as in the Singapore Armed Forces Act 1972.

In a regulation specified in the first column of the Schedule, a reference to a former provision means any provision of the Act specified in the second column of the Schedule opposite that regulation.

Where an application has been made by an officer to purchase a flat under the Ministry of Defence Housing Scheme and such application has been approved by the Government, the Board may, on the application of the officer and subject to such terms and conditions as the Board may impose, authorise the whole or part of the amount standing to his credit in the Fund to be withdrawn from the Fund and used for the payment of the whole or part of the purchase price of the flat.

Where an officer, as owner of a flat purchased under the Ministry of Defence Housing Scheme, has accepted, or is deemed to have accepted, the transfer of all the estate and interest of the Government or the Minister for Finance in any common property relating to that flat pursuant to an application under section 126 of the Land Titles (Strata) Act 1967, the Board may, on the application of the officer and subject to such terms and conditions as the Board may impose, authorise the whole or part of the amount standing to the officer’s credit in the Fund to be withdrawn by him to pay the whole or part of —

the price for his acquiring a share in the common property; and

any cost, fee or other incidental expenses arising from the transfer of the common property or the withdrawal of moneys under this regulation.

Subject to regulation 6B, where an officer is required by any agreement under the Ministry of Defence Housing Scheme to pay monthly instalments of principal and interest on account of the purchase of such flat, the Board may, on the application of the officer and subject to such terms and conditions as the Board may impose, authorise the whole or part of the amount standing to his credit in the Fund to be withdrawn from the Fund and used for the payment of such monthly instalments.

Subject to regulation 6B, where an officer has made an application to purchase a flat under the Ministry of Defence Housing Scheme and has obtained a housing loan from the Government or the Minister for Finance to finance the purchase of the flat, the Board may, on the application of the officer and subject to such terms and conditions as the Board may impose, authorise the whole or part of the amount standing to his credit in the Fund to be withdrawn from the Fund and paid to the Government or the Minister for Finance for the repayment of such housing loan.

Where a flat under the Ministry of Defence Housing Scheme is to be purchased in the joint names of an officer and his spouse who is also a member of the Fund, the Board may, on the application of the spouse and subject to such terms and conditions as the Board may impose, authorise the whole or part of the amount standing to the credit of the spouse in the Fund to be withdrawn from the Fund and used for the payment of the whole or part of the purchase price of the flat.

Where the Board has, on or after 1st March 1999, credited into the ordinary account of any officer moneys lent by the Government to the officer pursuant to any approved loan scheme under section 14A of the Act, the Board may —

on the application of the officer; or

if it considers necessary,and subject to such terms and conditions as it may impose, permit the officer to withdraw such moneys to pay the whole or part of the monthly instalments of principal and interest towards repayment of —

any loan obtained by the officer to pay for his share in any common property transferred by the Government or the Minister for Finance; or

any housing loan which the officer has obtained from the Government or the Minister for Finance to finance the purchase of a flat under the Ministry of Defence Housing Scheme.

The total amount which an officer may withdraw under paragraph (1) to pay such monthly instalments shall be determined by the Board.

Where the Board has, on or after 1st March 1999, credited into the ordinary account of any officer moneys lent by the Government to the officer pursuant to any approved loan scheme under section 14A of the Act, the Board may —

on the application of the officer; or

if it considers necessary,and subject to such terms and conditions as it may impose, permit the officer to withdraw such moneys to pay the whole or part of the monthly instalments of principal and interest towards repayment of —

any loan obtained by the officer to pay for his share in any common property transferred by the Government or the Minister for Finance; or

any housing loan which the officer has obtained from the Government or the Minister for Finance to finance the purchase of a flat under the Ministry of Defence Housing Scheme.

The total amount which an officer may withdraw under paragraph (1) to pay such monthly instalments shall be determined by the Board.

This regulation applies where an officer is liable, as owner of a flat purchased under the Ministry of Defence Housing Scheme, to pay the monthly instalments of principal and interest towards —

a housing loan which has been obtained by the officer from the Government or the Minister for Finance to finance the purchase of the flat; or (b)a loan obtained by the officer to pay for the officer’s share in any common property transferred by the Government or the Minister for Finance.

Where this regulation applies in respect of an officer, the Board may authorise to be withdrawn from the moneys standing to the officer’s credit in the officer’s special account an amount not exceeding one of the following to pay the monthly instalments referred to in paragraph (1):

the balance remaining of moneys transferred from the officer’s medisave account under section 13(6) of the Act to the officer’s special account;

if the Minister approves the withdrawal, the total amount of moneys standing to the officer’s credit in the officer’s special account from time to time.

The Board may authorise either or both of the amounts under paragraph (2)(a) and (b) to be withdrawn —

on the application of the officer or if the Board considers it necessary; and

subject to such terms and conditions as the Board may impose.

The amounts that an officer may withdraw under paragraph (2)(a) or (b) are to be determined by the Board.

This regulation applies where an officer is liable, as owner of a flat purchased under the Ministry of Defence Housing Scheme, to pay the monthly instalments of principal and interest towards —

a housing loan which has been obtained by the officer from the Government or the Minister for Finance to finance the purchase of the flat; or (b)a loan obtained by the officer to pay for the officer’s share in any common property transferred by the Government or the Minister for Finance.

Where this regulation applies in respect of an officer, the Board may authorise to be withdrawn from the moneys standing to the officer’s credit in the officer’s special account an amount not exceeding one of the following to pay the monthly instalments referred to in paragraph (1):

the balance remaining of moneys transferred from the officer’s medisave account under section 13(6) of the Act to the officer’s special account;

if the Minister approves the withdrawal, the total amount of moneys standing to the officer’s credit in the officer’s special account from time to time.

The Board may authorise either or both of the amounts under paragraph (2)(a) and (b) to be withdrawn —

on the application of the officer or if the Board considers it necessary; and

subject to such terms and conditions as the Board may impose.

The amounts that an officer may withdraw under paragraph (2)(a) or (b) are to be determined by the Board.

Where an officer and his spouse or either of them are or is required to pay any stamp duties, fees or charges in connection with —

the purchase of a flat by them or by him or her, as the case may be, whether or not moneys were withdrawn under these Regulations for such purchase;

any change in the manner of holding of a flat (in which they have an estate or interest, or he or she has an estate or interest, as the case may be) from a joint tenancy to a tenancy in common, or vice versa;

the transfer of any part (but not the whole) of their estate or interest, or his or her estate or interest, as the case may be, in a flat to any other person;

the transfer or assignment of a flat to them or to him or her, as the case may be;

the creation or discharge of any mortgage on a flat purchased by, or transferred or assigned to, them or to him or her, as the case may be; or

the withdrawal of moneys under these Regulations,the Board may, on their application or on his or her application, as the case may be, and subject to such terms and conditions as the Board may impose, authorise the whole or part of the amount standing to their credit in the Fund or the amount standing to his or her credit in the Fund to be withdrawn and used for that purpose.

For the avoidance of doubt, where an officer and his spouse or either of them are or is required to pay any stamp duties, fees or other charges in connection with —

any divestment, by them or by him or her, as the case may be, whether by sale, transfer, assignment or otherwise, of the whole of their interest or title, or of his or her interest or title, as the case may be, in a flat; or

the discharge of any mortgage on a flat upon the divestment by them or by him or her, as the case may be, of the whole of their interest, or of his or her interest, as the case may be, in such flat,no amount standing to their credit in the Fund or to his or her credit in the Fund shall be withdrawn for that purpose.

Where an officer and his spouse or either of them are or is required to pay any stamp duties, fees or charges in connection with —

the purchase of a flat by them or by him or her, as the case may be, whether or not moneys were withdrawn under these Regulations for such purchase;

any change in the manner of holding of a flat (in which they have an estate or interest, or he or she has an estate or interest, as the case may be) from a joint tenancy to a tenancy in common, or vice versa;

the transfer of any part (but not the whole) of their estate or interest, or his or her estate or interest, as the case may be, in a flat to any other person;

the transfer or assignment of a flat to them or to him or her, as the case may be;

the creation or discharge of any mortgage on a flat purchased by, or transferred or assigned to, them or to him or her, as the case may be; or

the withdrawal of moneys under these Regulations,the Board may, on their application or on his or her application, as the case may be, and subject to such terms and conditions as the Board may impose, authorise the whole or part of the amount standing to their credit in the Fund or the amount standing to his or her credit in the Fund to be withdrawn and used for that purpose.

For the avoidance of doubt, where an officer and his spouse or either of them are or is required to pay any stamp duties, fees or other charges in connection with —

any divestment, by them or by him or her, as the case may be, whether by sale, transfer, assignment or otherwise, of the whole of their interest or title, or of his or her interest or title, as the case may be, in a flat; or

the discharge of any mortgage on a flat upon the divestment by them or by him or her, as the case may be, of the whole of their interest, or of his or her interest, as the case may be, in such flat,no amount standing to their credit in the Fund or to his or her credit in the Fund shall be withdrawn for that purpose.

Where the Board has permitted a member to withdraw a sum standing to the member’s credit in the member’s retirement account for any purpose under these Regulations, the Board may transfer such sum from the member’s retirement account to the member’s ordinary account to be withdrawn for that purpose.

All moneys withdrawn under these Regulations shall be paid by the Board to the Government, the Minister for Finance or such other person as the Board thinks fit to receive such moneys.

An officer who —

has withdrawn any moneys under these Regulations in respect of a flat; or

is required under section 27C(1)(g), 27DA(1)(g), 27DB(2)(c) or 27E(1)(f) of the Act to make a payment to the Fund upon the sale or disposal of a flat,shall not, without the prior written permission of the Board, sell, transfer, assign or otherwise dispose of the flat or any of his estate or interest therein.

An officer who has withdrawn any moneys under these Regulations in respect of a flat shall not, without the prior written permission of the Board, execute a mortgage in respect of the flat in favour of any person other than the Board, the Government or the Minister for Finance, or any one or more of them.

An officer who —

has withdrawn any moneys under these Regulations in respect of a flat; or

is required under section 27C(1)(g), 27DA(1)(g), 27DB(2)(c) or 27E(1)(f) of the Act to make a payment to the Fund upon the sale or disposal of a flat,shall not, without the prior written permission of the Board, sell, transfer, assign or otherwise dispose of the flat or any of his estate or interest therein.

An officer who has withdrawn any moneys under these Regulations in respect of a flat shall not, without the prior written permission of the Board, execute a mortgage in respect of the flat in favour of any person other than the Board, the Government or the Minister for Finance, or any one or more of them.

Notwithstanding regulation 12, where an officer —

has withdrawn any moneys under these Regulations in respect of a flat; or

is required under section 27C(1)(g), 27DA(1)(g), 27DB(2)(c) or 27E(1)(f) of the Act to make a payment to the Fund upon the sale or disposal of a flat,in the event that the flat or any estate or interest therein is sold, transferred, assigned or otherwise disposed of —

by the Government or the Minister for Finance;

by the officer without the prior written permission of the Board; or

by any other person with or without the prior written consent of the Board,such of the following amounts as may be applicable to the officer or, if both amounts are applicable to him, the aggregate of both amounts, shall become due and payable to his account in the Fund:

if sub-paragraph (a) applies to him, all moneys withdrawn by him in connection with the purchase of the flat (including any moneys lent to him under section 14A of the Act in connection with such purchase and withdrawn by him which have not been repaid), together with the whole or such part, as the Board may determine, of any interest that would have been payable thereon if the withdrawal had not been made;

if sub-paragraph (b) applies to him, the relevant amount as defined in regulation 12(11).

Notwithstanding regulation 12, all moneys withdrawn by an officer under these Regulations (including any moneys lent to him under section 14A of the Act and withdrawn by him which have not been repaid), together with the whole or such part, as the Board may determine, of any interest that would have been payable thereon if the withdrawal had not been made, shall become due and payable to the officer’s account in the Fund in the event that —

the officer cancels his application to purchase the flat under the Ministry of Defence Housing Scheme;

any mortgage or encumbrance, other than a mortgage executed by the officer in favour of the Board, the Government or the Minister for Finance, or any one or more of them, is created over the flat without the prior written consent of the Board; or

the officer has committed a breach of any of the terms and conditions imposed by the Board in connection with the withdrawal of moneys under these Regulations.

Notwithstanding regulation 12, where an officer —

has withdrawn any moneys under these Regulations in respect of a flat; or

is required under section 27C(1)(g), 27DA(1)(g), 27DB(2)(c) or 27E(1)(f) of the Act to make a payment to the Fund upon the sale or disposal of a flat,in the event that the flat or any estate or interest therein is sold, transferred, assigned or otherwise disposed of —

by the Government or the Minister for Finance;

by the officer without the prior written permission of the Board; or

by any other person with or without the prior written consent of the Board,such of the following amounts as may be applicable to the officer or, if both amounts are applicable to him, the aggregate of both amounts, shall become due and payable to his account in the Fund:

if sub-paragraph (a) applies to him, all moneys withdrawn by him in connection with the purchase of the flat (including any moneys lent to him under section 14A of the Act in connection with such purchase and withdrawn by him which have not been repaid), together with the whole or such part, as the Board may determine, of any interest that would have been payable thereon if the withdrawal had not been made;

if sub-paragraph (b) applies to him, the relevant amount as defined in regulation 12(11).

Notwithstanding regulation 12, all moneys withdrawn by an officer under these Regulations (including any moneys lent to him under section 14A of the Act and withdrawn by him which have not been repaid), together with the whole or such part, as the Board may determine, of any interest that would have been payable thereon if the withdrawal had not been made, shall become due and payable to the officer’s account in the Fund in the event that —

the officer cancels his application to purchase the flat under the Ministry of Defence Housing Scheme;

any mortgage or encumbrance, other than a mortgage executed by the officer in favour of the Board, the Government or the Minister for Finance, or any one or more of them, is created over the flat without the prior written consent of the Board; or

the officer has committed a breach of any of the terms and conditions imposed by the Board in connection with the withdrawal of moneys under these Regulations.

Subject to paragraph (2) and regulation 12, regulations 9 and 10 shall not apply —

where such of the following amounts as may be applicable to the officer or, if both amounts are applicable to him, the aggregate of both amounts, has been paid to his account in the Fund:

in a case where the officer has withdrawn any moneys under these Regulations in respect of the flat, all moneys withdrawn by him in connection with the purchase of the flat (including any moneys lent to him under section 14A of the Act in connection with such purchase and withdrawn by him which have not been repaid), together with the whole or such part, as the Board may determine, of any interest that would have been payable thereon if the withdrawal had not been made;

in a case where the officer is required under section 27C(1)(g), 27DA(1)(g), 27DB(2)(c) or 27E(1)(f) of the Act to make a payment to the Fund upon the sale or disposal of the flat, the relevant amount as defined in regulation 12(11);

where the officer has died; or

where the officer is entitled to withdraw the amount standing to his credit in the Fund under section 15(2)(b) of the Act or a former provision, and the Board has given its authority under section 15(1) of the Act for such withdrawal.

Notwithstanding paragraph (1), any moneys lent to an officer under section 14A of the Act and withdrawn by him which have not been repaid, together with the whole or such part, as the Board may determine, of any interest that would have been payable thereon if the withdrawal had not been made, shall continue to be due and payable to the officer’s account in the Fund on the occurrence of any event referred to in regulation 10(1) or (2)(a).

Subject to paragraph (2) and regulation 12, regulations 9 and 10 shall not apply —

where such of the following amounts as may be applicable to the officer or, if both amounts are applicable to him, the aggregate of both amounts, has been paid to his account in the Fund:

in a case where the officer has withdrawn any moneys under these Regulations in respect of the flat, all moneys withdrawn by him in connection with the purchase of the flat (including any moneys lent to him under section 14A of the Act in connection with such purchase and withdrawn by him which have not been repaid), together with the whole or such part, as the Board may determine, of any interest that would have been payable thereon if the withdrawal had not been made;

in a case where the officer is required under section 27C(1)(g), 27DA(1)(g), 27DB(2)(c) or 27E(1)(f) of the Act to make a payment to the Fund upon the sale or disposal of the flat, the relevant amount as defined in regulation 12(11);

where the officer has died; or

where the officer is entitled to withdraw the amount standing to his credit in the Fund under section 15(2)(b) of the Act or a former provision, and the Board has given its authority under section 15(1) of the Act for such withdrawal.

Notwithstanding paragraph (1), any moneys lent to an officer under section 14A of the Act and withdrawn by him which have not been repaid, together with the whole or such part, as the Board may determine, of any interest that would have been payable thereon if the withdrawal had not been made, shall continue to be due and payable to the officer’s account in the Fund on the occurrence of any event referred to in regulation 10(1) or (2)(a).

[Deleted by S 694/2012 wef 01/01/2013]