Singapore legislation

Regulation 10

of Child Development Co-Savings (Leave and Benefits) Regulations 2017

Regulation 10

Revocation of election, etc.

Subregulation 1

For the purposes of section 12E(5A)(c) of the Act, the following are the circumstances in which an election may be revoked under paragraph (2):

(a)

the arrangements for the care of the child are, or are to be, changed;

(b)

the child’s father in whose favour the election is made is unable to consume his entitlement under section 12E(2) or (3) of the Act due to exigencies of his work;

(c)

the election was made in error.

Subregulation 2

If, at any time after a child’s mother makes an election but within the period of 12 months commencing on the date of the child’s birth —

(a)

the child’s mother who made the election, or the child’s father in whose favour the election is made, submits an application to the Director, in the form and manner provided by the Director, to revoke the election due to one of the circumstances mentioned in paragraph (1);

(b)

the application is accompanied by written consent to the revocation of the election from the other parent of the child (being the mother who made the election or the father in whose favour the election was made); and

(c)

the Director is satisfied that one of the circumstances mentioned in paragraph (1) exists, whether by obtaining a declaration from the person mentioned in sub-paragraph (a) or (b) or otherwise,the Director must accept the application.

Subregulation 3

As from the date that the Director accepts the application under paragraph (2) —

(a)

the election is revoked as regards each whole week of the entitlement of the child’s father under section 12E(2) or (3) of the Act that is unconsumed at that date;

(b)

the period of unconsumed entitlement mentioned in sub‑paragraph (a) reverts to the child’s mother who made the election as her entitlement under section 9(1), (1A), (1B), (4) or (4A), 12AA or 12AB of the Act (as the case may be); and

(c)

any remaining period of that entitlement is forfeited.

Subregulation 4

Where an election made in favour of a child’s father is revoked under section 12E(9A)(i) of the Act on termination of employment of the child’s father, or cessation of active engagement by the child’s father in his trade, business, profession or vocation, the child’s father must notify the Director of such termination or cessation (as the case may be) in such form as the Director may provide.

Subregulation 5

For the purposes of section 12E(9A) of the Act, each whole week of the entitlement of the child’s father that is unconsumed at the date of the revocation of the election under section 12E(9A)(i) of the Act reverts to the child’s mother who made the election as her entitlement under section 9(1), (1A), (1B), (4) or (4A), 12AA or 12AB of the Act (as the case may be).

Subregulation 6

If —

(a)

after the revocation of an election made in favour of a child’s father under section 12E(9A)(i) of the Act; and

(b)

within the period of 12 months commencing on the date of the child’s birth,the child’s father commences employment with another employer or commences active engagement in his trade, business, profession or vocation, the child’s mother may make a new election in favour of the child’s father if —

(i)

the total period of entitlement to shared parental leave or lost income specified in the new election, and the earlier election that was consumed by the child’s father before the revocation mentioned in sub-paragraph (a), does not exceed 4 weeks of shared parental leave or lost income (as the case may be);

(ii)

the period of shared parental leave or lost income specified in the new election does not exceed the unconsumed period of the entitlement of the child’s mother under section 9(1), (1A), (1B), (4) or (4A), 12AA or 12AB of the Act at the time the new election is made; and

(iii)

the child’s father has obtained the consent of his employer, if any, for the father to consume the entitlement specified in the new election.

Subregulation 7

In this regulation —

Definition

“election” means an election for shared parental leave or to claim for lost income made under section 12E(5) of the Act;

Definition

“father” means the natural father or adoptive father of a child;

Definition

“mother” means the natural mother or adoptive mother of a child.