7. Regulation 13 of the principal Regulations is amended —(a) | by deleting the words “of money into the member’s account in the Fund” in paragraph (1A) and substituting the words “into the member’s account in the Fund of”; and | (b) | by deleting paragraphs (2) to (13) and substituting the following paragraphs:“(2) Subject to paragraphs (3), (4) and (13), where the member making the sale, transfer, assignment or disposal is below the age of 55 years at the time of the sale, transfer, assignment or disposal, he shall repay to his account in the Fund, in such manner as the Board may determine, whichever is the less of the following amounts:(a) | the net proceeds of the sale, transfer, assignment or disposal; | (b) | all moneys withdrawn by him under these Regulations in respect of the house or flat (including any moneys lent to him under section 14A of the Act in connection with the purchase of that house or flat and withdrawn by him under regulation 4A which have not been repaid), together with any interest that would have accrued thereto if the withdrawal had not been made. |
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(3) Notwithstanding paragraph (2) but subject to paragraphs (4) and (13), where the member making the sale, transfer, assignment or disposal —(a) | is below the age of 55 years at the time of the sale, transfer, assignment or disposal; and | (b) | sells, transfers, assigns or disposes of the house or flat to an immediate family member without consideration or for a consideration below the market value of the house or flat, |
he shall, unless the Board otherwise directs, repay to his account in the Fund, in such manner as the Board may determine, all moneys withdrawn by him under these Regulations in respect of the house or flat (including any moneys lent to him under section 14A of the Act in connection with the purchase of that house or flat and withdrawn by him under regulation 4A which have not been repaid), together with any interest that would have accrued thereto if the withdrawal had not been made. |
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(4) Notwithstanding paragraphs (2) and (3) but subject to paragraph (13), where the member making the sale, transfer, assignment or disposal —(a) | is required to do so pursuant to an order of court; and | (b) | is below the age of 55 years at the time of the sale, transfer, assignment or disposal, |
he shall repay to his account in the Fund, in such manner as the Board may determine, such of the following amounts as may be required by the Board: |
(i) | the net proceeds of the sale, transfer, assignment or disposal; | (ii) | all moneys withdrawn by him under these Regulations in respect of the house or flat (including any moneys lent to him under section 14A of the Act in connection with the purchase of that house or flat and withdrawn by him under regulation 4A which have not been repaid), together with any interest that would have accrued thereto if the withdrawal had not been made; | (iii) | all moneys withdrawn by him under these Regulations in respect of the house or flat (including any moneys lent to him under section 14A of the Act in connection with the purchase of that house or flat and withdrawn by him under regulation 4A which have not been repaid); | (iv) | any moneys lent to him under section 14A of the Act in connection with the purchase of the house or flat and withdrawn by him under regulation 4A which have not been repaid, together with any interest that would have accrued thereto if the withdrawal had not been made. |
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(5) Subject to paragraphs (6), (8) and (10) to (13), where the member making the sale, transfer, assignment or disposal —(a) | has attained the age of 55 years at the time of the sale, transfer, assignment or disposal; and | (b) | is required to set aside a minimum sum under section 15(6) of the Act, |
he shall repay to his account in the Fund, in such manner as the Board may determine, whichever is the less of the following amounts: |
(i) | the net proceeds of the sale, transfer, assignment or disposal; | (ii) | the aggregate of —(A) | the amount of the minimum sum or any deficiency thereof which he is required to set aside, including any interest that would have accrued thereto; and | (B) | any moneys lent to him under section 14A of the Act in connection with the purchase of the house or flat and withdrawn by him under regulation 4A which have not been repaid, together with any interest that would have accrued thereto if the withdrawal had not been made. |
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(6) Notwithstanding paragraph (5) but subject to paragraphs (11) and (13), where the member making the sale, transfer, assignment or disposal —(a) | was adjudicated a bankrupt before attaining the age of 55 years; | (b) | has attained the age of 55 years and remains an undischarged bankrupt at the time of the sale, transfer, assignment or disposal; and | (c) | is required to set aside the sums under section 15(6) of the Act, |
he shall repay to his account in the Fund, in such manner as the Board may determine, whichever is the less of the following amounts: |
(i) | the net proceeds of the sale, transfer, assignment or disposal; | (ii) | the higher of —(A) | all moneys withdrawn by him under these Regulations in respect of the house or flat (including any moneys lent to him under section 14A of the Act in connection with the purchase of that house or flat and withdrawn by him under regulation 4A which have not been repaid), together with any interest that would have accrued thereto if the withdrawal had not been made; or | (B) | the aggregate of —(I) | the sums, or any deficiency thereof, which he is required to set aside under section 15(6) of the Act, including any interest that would have accrued thereto; and | (II) | any moneys lent to him under section 14A of the Act in connection with the purchase of the house or flat and withdrawn by him under regulation 4A which have not been repaid, together with any interest that would have accrued thereto if the withdrawal had not been made. |
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(7) Subject to paragraph (13), where the member making the sale, transfer, assignment or disposal —(a) | was adjudicated a bankrupt before attaining the age of 55 years; | (b) | has attained the age of 55 years and remains an undischarged bankrupt at the time of the sale, transfer, assignment or disposal; and | (c) | is not required to set aside any sum under section 15(6) of the Act, |
he shall repay to his account in the Fund, in such manner as the Board may determine, whichever is the less of the following amounts: |
(i) | the net proceeds of the sale, transfer, assignment or disposal; | (ii) | all moneys withdrawn by him under these Regulations in respect of the house or flat (including any moneys lent to him under section 14A of the Act in connection with the purchase of that house or flat and withdrawn by him under regulation 4A which have not been repaid), together with any interest that would have accrued thereto if the withdrawal had not been made. |
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(8) Notwithstanding paragraph (5) but subject to paragraphs (12) and (13), where the member making the sale, transfer, assignment or disposal —(a) | was adjudicated a bankrupt at a time when he had attained the age of 55 years; | (b) | remains an undischarged bankrupt at the time of the sale, transfer, assignment or disposal; and | (c) | is required to set aside a minimum sum under section 15(6) of the Act, |
he shall repay to his account in the Fund, in such manner as the Board may determine, whichever is the less of the following amounts: |
(i) | the net proceeds of the sale, transfer, assignment or disposal; | (ii) | the aggregate of —(A) | the amount of the minimum sum or any deficiency thereof which he is required to set aside, including any interest that would have accrued thereto; and | (B) | any moneys lent to him under section 14A of the Act in connection with the purchase of the house or flat and withdrawn by him under regulation 4A which have not been repaid, together with any interest that would have accrued thereto if the withdrawal had not been made. |
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(9) Subject to paragraph (13), where the member making the sale, transfer, assignment or disposal —(a) | was adjudicated a bankrupt at a time when he had attained the age of 55 years; | (b) | remains an undischarged bankrupt at the time of the sale, transfer, assignment or disposal; and | (c) | is not required to set aside a minimum sum under section 15(6) of the Act, |
he shall repay to his account in the Fund, in such manner as the Board may determine, whichever is the less of the following amounts: |
(i) | the net proceeds of the sale, transfer, assignment or disposal; | (ii) | any moneys lent to him under section 14A of the Act in connection with the purchase of the house or flat and withdrawn by him under regulation 4A which have not been repaid, together with any interest that would have accrued thereto if the withdrawal had not been made. |
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(10) Notwithstanding paragraph (5) but subject to paragraphs (11), (12) and (13), where the member making the sale, transfer, assignment or disposal —(a) | is required to do so pursuant to an order of court; | (b) | has attained the age of 55 years at the time of the sale, transfer, assignment or disposal; and | (c) | is required to set aside a minimum sum under section 15(6) of the Act, |
he shall repay to his account in the Fund, in such manner as the Board may determine, whichever is the less of the following amounts: |
(i) | the net proceeds of the sale, transfer, assignment or disposal; | (ii) | the aggregate of —(A) | the amount of the minimum sum or any deficiency thereof which he is required to set aside, including any interest that would have accrued thereto; and | (B) | any moneys lent to him under section 14A of the Act in connection with the purchase of the house or flat and withdrawn by him under regulation 4A which have not been repaid, together with any interest that would have accrued thereto if the withdrawal had not been made. |
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(11) Notwithstanding paragraphs (5), (6) and (10) but subject to paragraph (13), where the member making the sale, transfer, assignment or disposal —(a) | is required to do so pursuant to an order of court; | (b) | was adjudicated a bankrupt before attaining the age of 55 years; | (c) | has attained the age of 55 years and remains an undischarged bankrupt at the time of the sale, transfer, assignment or disposal; and | (d) | is required to set aside the sums under section 15(6) of the Act, |
he shall repay to his account in the Fund, in such manner as the Board may determine, whichever is the less of the following amounts: |
(i) | the net proceeds of the sale, transfer, assignment or disposal; | (ii) | the higher of —(A) | all moneys withdrawn by the member under these Regulations in respect of the house or flat (including any moneys lent to him under section 14A of the Act in connection with the purchase of that house or flat and withdrawn by him under regulation 4A which have not been repaid), together with any interest that would have accrued thereto if the withdrawal had not been made; or | (B) | the aggregate of —(I) | the sums, or any deficiency thereof, which he is required to set aside under section 15(6) of the Act, including any interest that would have accrued thereto; and | (II) | any moneys lent to him under section 14A of the Act in connection with the purchase of the house or flat and withdrawn by him under regulation 4A which have not been repaid, together with any interest that would have accrued thereto if the withdrawal had not been made. |
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(12) Notwithstanding paragraphs (5), (8) and (10) but subject to paragraph (13), where the member making the sale, transfer, assignment or disposal —(a) | is required to do so pursuant to an order of court; | (b) | was adjudicated a bankrupt at a time when he had attained the age of 55 years; | (c) | remains an undischarged bankrupt at the time of the sale, transfer, assignment or disposal; and | (d) | is required to set aside the sums under section 15(6) of the Act, |
he shall repay to his account in the Fund, in such manner as the Board may determine, whichever is the less of the following amounts: |
(i) | the net proceeds of the sale, transfer, assignment or disposal; | (ii) | the aggregate of —(A) | the amount of the minimum sum or any deficiency thereof which he is required to set aside, including any interest that would have accrued thereto; and | (B) | any moneys lent to him under section 14A of the Act in connection with the purchase of the house or flat and withdrawn by him under regulation 4A which have not been repaid, together with any interest that would have accrued thereto if the withdrawal had not been made. |
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(13) Notwithstanding paragraphs (2) to (12), where the member making the sale, transfer, assignment or disposal —(a) | withdraws the sum standing to his credit in the Fund under section 15(2)(d), (e) or (f) of the Act; or | (b) | withdraws the minimum sum or any part thereof from his account with an approved bank or his retirement account, or surrenders his approved annuity from an insurer, under section 15(7A)(a), (b) or (ba) of the Act, |
he shall repay to his account in the Fund, in such manner as the Board may determine, all moneys withdrawn by him under these Regulations in respect of the house or flat (including any moneys lent to him under section 14A of the Act in connection with the purchase of that house or flat and withdrawn by him under regulation 4A which have not been repaid) together with any interest that would have accrued thereto if the withdrawal had not been made, or such part thereof as may be determined by the Board. |
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(13A) In this regulation, “net proceeds”, in relation to any house or flat which is sold, transferred, assigned or disposed of, means any positive difference between —(a) | the consideration for the sale, transfer, assignment or disposal of the house or flat, or, if the Board so elects, the value of the house or flat at the time of the sale, transfer, assignment or disposal as assessed by the Board; and | (b) | the aggregate of the following amounts paid in the following order:(i) | any amount under a housing loan from the Housing and Development Board for the purchase of the house or flat which has not been repaid; | (ii) | any amount which, under any written law, is to be paid to any other person in priority to the Fund; and | (iii) | any resale levy imposed by the Housing and Development Board as may be approved by the Board.”. |
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