3. The principal Regulations are amended by inserting, immediately after regulation 4, the following regulations:“Eligibility for membership of Scheme |
4A.—(1) Subject to regulation 4B, where a child was born on or after 1st April 2001 but before 1st August 2004, the child shall be eligible to become a member of the Scheme if the following conditions are satisfied:(a) | he is a citizen of Singapore at the time of his birth or he becomes a citizen of Singapore within 6 years of his birth; | (b) | his mother —(i) | is lawfully married to his natural father at the time he is conceived; or | (ii) | becomes lawfully married to his natural father after he is conceived but before his birth, whether or not such marriage remains subsisting at the time of his birth; |
| (c) | he is born alive to his mother ; and | (d) | he is the second or third child born alive to his mother. |
(2) Subject to regulation 4B, where a child who is not adopted is born —(a) | on or after 1st August 2004; or | (b) | before 1st August 2004, but the estimated delivery date of the child is a date on or after 1st August 2004, |
the child shall be eligible to become a member of the Scheme if the following conditions are satisfied: |
(i) | he is a citizen of Singapore at the time of his birth or he becomes a citizen of Singapore within 6 years of his birth; | (ii) | his mother —(A) | is lawfully married to his natural father at the time he is conceived; or | (B) | becomes lawfully married to his natural father after he is conceived but before his birth, whether or not such marriage remains subsisting at the time of his birth; |
| (iii) | he is born alive to his mother; and | (iv) | he is the second, third or fourth child of his mother at the relevant time. |
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(3) Subject to regulation 4B, a child who is adopted on or after 1st August 2004 shall be eligible to become a member of the Scheme if the following conditions are satisfied:(a) | he is a citizen of Singapore at the time of his adoption or he becomes a citizen of Singapore within 6 years of his birth; | (b) | his adoptive parent is a person who is lawfully married, or widowed or divorced, at the time he is adopted; | (c) | he is the second, third or fourth child of his adoptive parent at the relevant time; and | (d) | he is below 6 years of age at the time he is adopted. |
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Determination or re-determination of birth order |
4B.—(1) The status of a child referred to in regulation 4A as the second, third or fourth child of his mother or adoptive parent, as the case may be, for the purposes of these Regulations shall be determined or re-determined, as the case may be, in accordance with this regulation.(2) In determining the status of a child referred to in regulation 4A(2) or (3) or re-determining the status of a child referred to in regulation 4A(1), (2) or (3) as the second, third or fourth child at the relevant time —(a) | any step-child of his mother or adoptive parent, as the case may be, shall be disregarded; | (b) | where the child is adopted by a man who is divorced, any other child of the man, being a child who is —(i) | his natural child; or | (ii) | an adopted child who is not solely adopted by him, |
| (c) | any other child of his mother or adoptive parent, as the case may be, being a child who is not a citizen of Singapore at the relevant time shall be disregarded; | (d) | any other child of his mother or adoptive parent, as the case may be, being a child who has been adopted by another person (other than the spouse of the mother or adoptive parent) at the relevant time, shall be disregarded; and | (e) | any other child of his mother or adoptive parent, as the case may be, who is deceased at the relevant time shall be taken into account. |
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(3) Notwithstanding paragraph (2)(e), where the mother or adoptive parent of a child whose status is being determined or re-determined under this regulation has had 4 or more other children before the relevant time but fewer than 4 of those children are living at the relevant time, the child shall be treated as if he is a fourth child for the purposes of these Regulations. |
(4) The determination of the status of a child referred to in regulation 4A(2) as the second, third or fourth child of his mother at the relevant time shall be based on the chronological order of —(a) | his date of birth; | (b) | the date of birth of every other natural child of his mother, being a child who is a citizen of Singapore at the relevant time; and | (c) | where his mother has any adopted child, the date of adoption of that adopted child or the date on which that adopted child became a citizen of Singapore, whichever is the later. |
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(5) The determination of the status of a child referred to in regulation 4A(3) as the second, third or fourth child of his adoptive parent at the relevant time shall be based on the chronological order of —(a) | the date of adoption of the child or the date on which the child becomes a citizen of Singapore, whichever is the later; | (b) | the date of birth of every other natural child of his adoptive parent, being a child who is a citizen of Singapore at the relevant time; and | (c) | where his adoptive parent has any other adopted child, the date of adoption of that other adopted child or the date on which that other adopted child became a citizen of Singapore, whichever is the later. |
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(6) Where after a child becomes a member of the Scheme, any of the following events occurs, the status of the child as the second, third or fourth child for the purposes of these Regulations shall be re-determined in accordance with paragraphs (7) to (11) where applicable:(a) | any other child of his mother or adoptive parent, as the case may be, who was not a citizen of Singapore at the relevant time, becomes a citizen of Singapore; | (b) | the child is adopted by another person; | (c) | his mother or, in the case of an adopted child, his adoptive mother dies. |
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(7) Where the event referred to in paragraph (6)(a) occurs in relation to a child referred to in regulation 4A(2), the status of the child as the second, third or fourth child shall be re-determined based on the chronological order of —(a) | his date of birth; | (b) | the date of birth of every other natural child of his mother, being a child who is a citizen of Singapore at the time the event occurs; and | (c) | where his mother has any adopted child, the date of adoption of that adopted child or the date on which that adopted child became a citizen of Singapore, whichever is the later. |
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(8) Where the event referred to in paragraph (6)(a) occurs in relation to a child referred to in regulation 4A(3), the status of the child as the second, third or fourth child shall be re-determined based on the chronological order of —(a) | the date of adoption of the child or the date on which the child became a citizen of Singapore, whichever is the later; | (b) | the date of birth of every natural child of his adoptive parent, being a child who is a citizen of Singapore at the time the event occurs; and | (c) | where his adoptive parent has any other adopted child, the date of adoption of that other adopted child or the date on which that other adopted child became a citizen of Singapore, whichever is the later. |
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(9) Where the event referred to in paragraph (6)(b) occurs in relation to a child referred to in regulation 4A(1), (2) or (3), the status of the child as the second, third or fourth child shall be re-determined based on the chronological order of —(a) | the date of adoption of the child; | (b) | the date of birth of every natural child of his adoptive parent, being a child who is a citizen of Singapore at the time the event occurs; and | (c) | where his adoptive parent has any other adopted child, the date of adoption of that other adopted child or the date on which that other adopted child became a citizen of Singapore, whichever is the later. |
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(10) Where the event referred to in paragraph (6)(c) occurs in relation to a child referred to in regulation 4A(2), the status of the child as the second, third or fourth child shall be re-determined based on the chronological order of —(a) | his date of birth; | (b) | the date of birth of every other natural child of his father, being a child who is a citizen of Singapore at the time the event occurs; and | (c) | where his father has any adopted child, the date of adoption of that adopted child or the date on which that adopted child became a citizen of Singapore, whichever is the later. |
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(11) Where the event referred to in paragraph (6)(c) occurs in relation to a child referred to in regulation 4A(3), the status of the child as the second, third or fourth child shall be re-determined based on the chronological order of —(a) | the date of adoption of the child or the date on which the child became a citizen of Singapore, whichever is the later; | (b) | the date of birth of every natural child of his adoptive father, being a child who is a citizen of Singapore at the time the event occurs; and | (c) | where his adoptive father has any other adopted child, the date of adoption of that other adopted child or the date on which that other adopted child became a citizen of Singapore, whichever is the later.”. |
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