8. In the principal Regulations, replace regulation 53 with — “Compensation for hospitalisation or medical leave for former members, operationally ready national servicemen and volunteers |
53.—(1) This regulation applies to —(a) | a former member (other than an operationally ready national serviceman and a volunteer) who satisfies the conditions specified in paragraph (2); and | (b) | an operationally ready national serviceman and a volunteer, each of whom satisfies the conditions specified in paragraph (3). |
(2) The conditions in paragraph (1)(a) are that the former member —(a) | sustains, on or after 1 September 2020, any injury received in and which is attributable to service; | (b) | after sustaining the injury mentioned in sub‑paragraph (a) —(i) | retires from the Singapore Armed Forces on any of the grounds specified in regulation 22; | (ii) | resigns from the Singapore Armed Forces; or | (iii) | is —(A) | discharged on any of the grounds specified in regulation 17 or 18 of the Enlistment Regulations (Rg 1); | (B) | discharged with ignominy; or | (C) | dismissed as a result of the sentence of a subordinate military court or Military Court of Appeal or a sentence substituted by the Armed Forces Council; |
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| (c) | on or after his service end date, is on hospitalisation leave or medical leave due to the injury; and | (d) | if, while on the hospitalisation leave or medical leave —(i) | is employed under a contract of service — suffers a loss of earnings under the contract of service as a result of the hospitalisation leave or medical leave, as the case may be; or | (ii) | is engaged under a contract for services or engaged in any trade, business, profession or vocation — suffers a loss of income derived from the contract for services, trade, business, profession or vocation (as the case may be) as a result of the hospitalisation leave or medical leave, as the case may be. |
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(3) The conditions in paragraph (1)(b) are that the operationally ready national serviceman or volunteer —(a) | sustains, on or after 1 September 2020, any injury received in and which is attributable to service while performing national service or volunteer service, as the case may be; | (b) | as a result of sustaining the injury mentioned in sub‑paragraph (a), on or after his service end date, is on hospitalisation leave or medical leave due to the injury; and | (c) | if, while on the hospitalisation leave or medical leave —(i) | is employed under a contract of service — suffers a loss of earnings under the contract of service as a result of the hospitalisation leave or medical leave, as the case may be; | (ii) | is engaged under a contract for services or engaged in any trade, business, profession or vocation — suffers a loss of income derived from the contract for services, trade, business, profession or vocation (as the case may be) as a result of the hospitalisation leave or medical leave, as the case may be; or | (iii) | sub-paragraphs (i) and (ii) do not apply, and the operationally ready national serviceman or volunteer has not, within 25 consecutive weeks immediately before sustaining the injury —(A) | been employed under a contract of service; | (B) | been engaged under a contract for services; or | (C) | been engaged in any trade, business, profession or vocation, |
satisfies the Armed Forces Council as to both the following matters: |
(D) | he has, before or after sustaining the injury —(DA) | entered into a contract of service, been engaged under a contract for services, or been engaged in any trade, business, profession or vocation; or | (DB) | applied to enter into a contract of service or to be engaged under a contract for services, or made efforts to be engaged in any trade, business, profession or vocation; |
| (E) | due to the injury, he is unable to —(EA) | continue to work under the contract of service or contract for services, or in the trade, business, profession or vocation, as the case may be; or | (EB) | enter into the contract of service, be engaged under the contract for services, or be engaged in the trade, business, profession or vocation, as the case may be. |
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(4) To avoid doubt but subject to paragraph (3)(c)(iii), this regulation applies even if the person mentioned in paragraph (1) is not — (a) | employed under a contract of service; | (b) | engaged under a contract for services; or | (c) | engaged in any trade, business, profession or vocation. |
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(5) Subject to paragraphs (6), (7) and (9), a person mentioned in paragraph (1) is eligible, starting on the person’s service end date, to payment at the rate specified by the Armed Forces Council by General Order for each day when the person is on hospitalisation leave or medical leave. |
(6) Paragraph (5) does not apply to hospitalisation leave or medical leave granted on any day after the earlier of the following:(a) | where within one year after the person’s service end date, the person mentioned in paragraph (1) is paid an award in respect of total disability under regulation 40(1), or regulation 41(2)(b) as in force before 1 January 2023, as the case may be — the expiry of one year starting on the person’s service end date; | (b) | in any other case — the earlier of the following:(i) | the date on which the award in respect of total disability under regulation 40(1), or regulation 41(2)(b) as in force before 1 January 2023, as the case may be, is paid; | (ii) | the 720th day starting on the person’s service end date. |
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(7) The person mentioned in paragraph (1) must apply for the payment mentioned in paragraph (5) no later than 720 days after the person’s service end date or any later date that the Armed Forces Council may allow in any particular case. |
(8) Where a person mentioned in paragraph (1) is eligible for any payment under paragraph (5), that payment must not be deducted from any of the following awards or compensation to which the person becomes eligible:(a) | an award or compensation in respect of total disability under regulation 40(1), 41, 42, 43, 44, 45, 46, 47, 48 or 49, or regulation 41, 42, 43, 44, 45, 46, 47, 48 or 49 as in force before 1 January 2023, as the case may be; | (b) | an award or compensation in respect of partial disability under regulation 50, or regulation 50 as in force before 1 January 2023, as the case may be. |
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(9) If a person mentioned in paragraph (1) has, before 1 January 2023, received any payment from the Government in respect of hospitalisation leave or medical leave in the circumstances specified in paragraph (2) or (3), the amount of the payment mentioned in paragraph (5) is to be reduced by the amount of the firstmentioned payment. |
(10) For the purposes of this regulation —(a) | where a person mentioned in paragraph (1) is certified by a health professional of an approved medical institution specified in the Second Schedule to be ill enough to need to be hospitalised but the person is not hospitalised for any reason whatsoever, the person is deemed to be hospitalised; and | (b) | the person is not taken to be on hospitalisation leave or medical leave on any day when the person takes a rest day or paid leave under the Employment Act 1968 or the Child Development Co‑Savings Act 2001. |
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(11) In this regulation —“health professional” means —(a) | a registered medical practitioner under the Medical Registration Act 1997 and includes any person exempted from registration under that Act; or | (b) | a registered dentist under the Dental Registration Act 1999, |
and includes any medical practitioner or dentist registered to practise under the laws of the jurisdiction where a person mentioned in paragraph (1) was certified to be ill enough to need to be hospitalised; |
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“service end date” means —(a) | in the case of a former member, the date on which the former member retires, resigns or is discharged or dismissed, as the case may be; | (b) | in the case of an operationally ready national serviceman — the date immediately after the last date of the period that the operationally ready national serviceman was liable to perform national service during which he sustained the injury mentioned in paragraph (3)(a); or | (c) | in the case of a volunteer — the date immediately after the last date of the period that the volunteer was liable to perform voluntary service during which he sustained the injury mentioned in paragraph (3)(a). |
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Compensation for loss of earnings from light duties for former members, operationally ready national servicemen and volunteers |
54.—(1) This regulation applies to — (a) | a former member (other than an operationally ready national serviceman and a volunteer) who satisfies the conditions specified in paragraph (2); and | (b) | an operationally ready national serviceman and a volunteer, each of whom satisfies the conditions specified in paragraph (3). |
(2) The conditions in paragraph (1)(a) are that the former member —(a) | sustains, on or after 1 September 2020, any injury received in and which is attributable to service; | (b) | after sustaining the injury mentioned in sub‑paragraph (a) —(i) | retires from the Singapore Armed Forces on any of the grounds specified in regulation 22; | (ii) | resigns from the Singapore Armed Forces; or | (iii) | is —(A) | discharged on any of the grounds specified in regulation 17 or 18 of the Enlistment Regulations; | (B) | discharged with ignominy; or | (C) | dismissed as a result of the sentence of a subordinate military court or Military Court of Appeal or a sentence substituted by the Armed Forces Council; and |
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| (c) | on or after his service end date, is on light duties due to the injury and suffers —(i) | a loss of earnings under his contract of service; or | (ii) | a loss of income derived from his contract for services, trade, business, profession or vocation. |
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(3) The conditions in paragraph (1)(b) are that the operationally ready national serviceman or volunteer —(a) | sustains, on or after 1 September 2020, any injury received in and which is attributable to service; and | (b) | as a result of sustaining the injury mentioned in sub‑paragraph (a), on or after his service end date, is on light duties due to the injury and suffers —(i) | a loss of earnings under his contract of service; or | (ii) | a loss of income derived from his contract for services, trade, business, profession or vocation. |
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(4) Subject to paragraphs (5), (6) and (8), the person mentioned in paragraph (1) is eligible, within a period of one year starting on the person’s service end date, for payment at the rate specified by the Armed Forces Council by General Order for each day of light duties. |
(5) The total payment under paragraph (4) to which the person mentioned in paragraph (1) is eligible must not exceed $33,000. |
(6) The person mentioned in paragraph (1) must apply for the payment mentioned in paragraph (4) no later than one year after the person’s service end date or any later date that the Armed Forces Council may allow in any particular case. |
(7) Where a person mentioned in paragraph (1) is eligible for any payment under paragraph (4), that payment must not be deducted from any of the following awards or compensation to which the person becomes eligible:(a) | an award or compensation in respect of total disability under regulation 40(1), 41, 42, 43, 44, 45, 46, 47, 48 or 49, or regulation 41, 42, 43, 44, 45, 46, 47, 48 or 49 as in force before 1 January 2023, as the case may be; | (b) | an award or compensation in respect of partial disability under regulation 50 or regulation 50 as in force before 1 January 2023, as the case may be. |
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(8) If a person mentioned in paragraph (1) has, before 1 January 2023, received any payment from the Government in respect of light duties in the circumstances specified in paragraph (2) or (3), the amount of the payment mentioned in paragraph (4) is to be reduced by the amount of the firstmentioned payment. |
(9) For the purposes of this regulation — (a) | the light duties must be granted to the person mentioned in paragraph (1) by —(i) | a medical officer of the Singapore Armed Forces; or | (ii) | a medical professional of an approved medical institution specified in the Second Schedule; |
| (b) | the entitlement of the person mentioned in paragraph (1) for periodical payments for light duties does not apply during any period when the person is absent without leave; and | (c) | the person mentioned in paragraph (1) is not taken to be on light duties on any day when the person takes a rest day or paid leave under the Employment Act 1968 or the Child Development Co‑Savings Act 2001. |
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(10) In this regulation —“medical professional” means — (a) | a registered medical practitioner under the Medical Registration Act 1997 and includes any person exempted from registration under that Act; or | (b) | a registered dentist under the Dental Registration Act 1999; |
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“service end date” means — (a) | in the case of a former member, the date on which the former member in the case of a former member, the date on which the former member retires, resigns or is discharged or dismissed, as the case may be; | (b) | in the case of an operationally ready national serviceman — the date immediately after the last date of the period that the operationally ready national serviceman was liable to perform national service during which he sustained the injury mentioned in paragraph (3)(a); or | (c) | in the case of a volunteer — the date immediately after the last date of the period that the volunteer was liable to perform voluntary service during which he sustained the injury mentioned in paragraph (3)(a).”. |
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