No. S 603
Children Development Co-Savings Act
(Chapter 38A)
Children Development Co-Savings (Amendment) Regulations 2004
In exercise of the powers conferred by section 20 of the Children Development Co-Savings Act, Dr Vivian Balakrishnan, Senior Minister of State, Ministry of Trade and Industry, charged with the responsibility of the Minister for Community Development, Youth and Sports, hereby makes the following Regulations:
Citation and commencement
1.  These Regulations may be cited as the Children Development Co-Savings (Amendment) Regulations 2004 and shall come into operation on 1st October 2004.
Amendment of regulation 2
2.  Regulation 2 of the Children Development Co-Savings Regulations (Rg 2) (referred to in these Regulations as the principal Regulations) is amended —
(a)by inserting, immediately before the definition of “child care centre”, the following definitions:
“ “adopted” means adopted in accordance with any written law relating to the adopting of children;
“adoptive parent” means —
(a)in relation to a child who is adopted by a couple who is married at the time of the adoption, the adoptive mother; and
(b)in relation to a child who is adopted by a person who is divorced or widowed at the time of the adoption, that person;”;
(b)by deleting the definition of “Director” and substituting the following definitions:
“ “Director” means a Director of the Ministry of Community Development, Youth and Sports appointed by the Minister for the purposes of these Regulations;
“estimated delivery date” means the estimated date of delivery of a child as certified by a medical practitioner;”; and
(c)by inserting, immediately after the definition of “member”, the following definitions:
“ “parent” includes an adoptive parent;
“relevant time”, in relation to —
(a)a child who is not adopted, means the date on which he is born or the date on which he becomes a citizen of Singapore, whichever is the later; and
(b)a child who is an adopted child, means the date on which he is adopted or the date on which he becomes a citizen of Singapore, whichever is the later.”.
New regulations 4A and 4B
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.
(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.
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,
shall be disregarded;
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.”.
Amendment of regulation 5
4.  Regulation 5 of the principal regulations is amended by deleting paragraph (1).
Amendment of regulation 6
5.  Regulation 6 of the principal Regulations is amended by deleting paragraph (3) and substituting the following paragraphs:
(3)  The co-payment contribution by the Government under paragraph (2) —
(a)shall be payable —
(i)for the year in which the Children Development Account for the member is opened; and
(ii)for each subsequent year until the member attains the age of 6 years;
(b)shall be of an amount equal to the co-investment sum deposited into the member’s Children Development Account by his parent or any person on behalf of the parent during the applicable co-investment periods referred to in —
(i)where the member is eligible for membership of the Scheme under regulation 4A (1), the second column of the First Schedule; and
(ii)where the member is eligible for membership of the Scheme under regulation 4A (2) or (3), the second column of the Second Schedule;
(c)shall be subject to a maximum of —
(i)$1,000 per year in the case of a member who is a second child; and
(ii)$2,000 per year in the case of a member who is a third or fourth child; and
(d)shall be paid into the member’s Children Development Account within the applicable co-payment periods referred to in —
(i)where the member is eligible for membership of the Scheme under regulation 4A (1), the third column of the First Schedule; and
(ii)where the member is eligible for membership of the scheme under regulation 4A (2) or (3), the third column of the Second Schedule.
(4)  Notwithstanding sub-paragraph (d) of paragraph (3), the Government may, where it is not practicable to make a co-payment contribution within the co-payment period referred to in that sub-paragraph, pay the co-payment contribution into the Children Development Account within such other period as the Minister may determine.
(5)  Where the status of a member of the Scheme as the second, third or fourth child is re-determined under regulation 4B (6), any co-payment contribution by the Government —
(a)which has not been paid in respect of the co-savings period in which the event giving rise to the re-determination occurs; and
(b)in respect of any future co-savings period,
shall be varied accordingly based on his re-determined status.”.
Deletion and substitution of regulation 7
6.  Regulation 7 of the principal Regulations is deleted and the following regulation substituted therefor:
Death of member or re-determination of status
7.—(1)  Notwithstanding regulation 6, if a member —
(a)dies at any time before attaining the age of 6 years; or
(b)upon the re-determination of his status as the second, third or fourth child under regulation 4B(6), ceases to be the second, third or fourth child,
the member shall cease to be a member of the Scheme and the Government shall cease all further co-payment contributions payable to the member under regulation 6.
(2)  Where a member ceases to be a member of the Scheme under paragraph (1)(a), the moneys standing to the credit of the member’s Children Development Account shall be disposed of in accordance with section 6 of the Act and the Account shall thereafter be closed.
(3)  Where a member ceases to be a member of the Scheme under paragraph (1)(b), the moneys standing to the credit of the member’s Children Development Account may be withdrawn by his parent and the Account shall thereafter be closed.”.
Amendment of regulation 8
7.  Regulation 8 of the principal Regulations is amended —
(a)by deleting paragraph (1) and substituting the following paragraph:
(1)  Where —
(a)the custody, care and control or care and control of the member is granted under an order of court or by agreement between the parents of the member to a parent or person other than the person who is the trustee of the Children Development Account; or
(b)the member is adopted by any person other than the trustee of the Children Development Account,
the trustee shall, as soon as practicable after he knows of the occurrence of such event, notify the Director of such event.”; and
(b)by deleting the regulation heading and substituting the following regulation heading:
Change of custody, care and control”.
Amendment of regulation 9
8.  Regulation 9 of the principal Regulations is amended by deleting paragraph (1) and substituting the following paragraph:
(1)  A trustee may withdraw or cause the withdrawal of any moneys standing to the credit of a member in the Children Development Account at any time for the payment of any fees to an approved institution in connection with any educational or developmental courses provided to the member or his sibling by the approved institution.”.
Amendment of regulation 11
9.  Regulation 11 of the principal Regulations is amended —
(a)by deleting sub-paragraph (a) of paragraph (3) and substituting the following sub-paragraph:
(a)particulars of the bank account into which payment out of a member’s Children Development Account for any fees payable to the approved institution is to be credited in such form as the Minister may provide; and”;
(b)by deleting paragraphs (6) and (7) and substituting the following paragraphs:
(6)  The Minister shall, on approval of a person as an approved person, issue a letter of approval to the approved person.
(7)  An approved person shall —
(a)display the letter of approval referred to in paragraph (6) in a conspicuous place at the approved institution;
(b)verify that —
(i)the person who makes or wishes to make the withdrawals from a member’s Children Development Account for the payment of any fee payable to the approved institution is the trustee of the Account; and
(ii)the child in respect of whom payment is made is the member or the member’s sibling;
(c)where he is liable to make any refund of any payment which has been made out of a member’s Children Development Account, make such refund directly into the Account within one month from the date on which an agreement is reached between the trustee of the Account and the approved person as to the amount to be refunded;
(d)notify the Minister of any change in the particulars provided in his application under paragraph (1) within 7 days of such change; and
(e)comply with such other terms and conditions as may be imposed by the Minister under paragraph (4)(b).”;
(c)by deleting the words “or the label” in paragraph (8); and
(d)by deleting paragraph (10) and substituting the following paragraph:
(10)  The Minister shall cause to be published on the website of the Ministry for Community Development, Youth and Sports at http://www.babybonus.gov.sg a list of approved persons and approved institutions, including any amendment or addition thereto from time to time.”.
Deletion of Schedule and substitution of First and Second Schedules
10.  The Schedule to the principal Regulations is deleted and the following Schedules substituted therefor:
FIRST SCHEDULE
Regulation 6(3)(b)(i) and (d)(i)
INVESTMENT AND CO-PAYMENT PERIODS FOR CHILDREN BORN BEFORE 1st August 2004
First column
 
Second column
 
Third column
 
 
 
 
 
Year for which payment is made
 
Period within which co-investment sum is to be deposited by parents
 
Period within which co-payment sum is to be deposited by Government
 
 
 
 
 
1st
 
Period A — being 6 months from the first day of the month in which the Children Development Account is opened
 
2 months from the expiry of period A
 
 
 
 
 
2nd
 
Period B — being 12 months from the expiry of period A
 
2 months from the expiry of period B
 
 
 
 
 
3rd
 
Period C — being 12 months from the expiry of period B
 
2 months from the expiry of period C
 
 
 
 
 
4th
 
Period D — being 12 months from the expiry of period C
 
2 months from the expiry of period D
 
 
 
 
 
5th
 
Period E — being 12 months from the expiry of period D
 
2 months from the expiry of period E
 
 
 
 
 
6th
 
Period F — being 12 months from the expiry of period E
 
2 months from the expiry of period F.
SECOND SCHEDULE
Regulation 6(3)(b)(ii) and (d)(ii)
CO-INVESTMENT AND CO-PAYMENT PERIODS FOR CHILDREN BORN or adopted ON OR AFTER 1st August 2004
First column
 
Second column
 
Third column
 
 
 
 
 
Year for which payment is made
 
Period within which co-investment sum is to be deposited by parents
Period within which co-payment sum is to be deposited by Government
 
 
 
 
 
1st
 
Period A — being a period commencing on the day the Children Development Account is opened and ending on the last day of the month before the child’s next birthday
1 month from the expiry of period A
 
 
 
 
 
2nd
 
Period B — being 12 months from the expiry of period A
1 month from the expiry of period B
 
 
 
 
 
3rd
 
Period C — being 12 months from the expiry of period B
1 month from the expiry of period C
 
 
 
 
 
4th
 
Period D — being 12 months from the expiry of period C
1 month from the expiry of period D
 
 
 
 
 
5th
 
Period E — being 12 months from the expiry of period D
1 month from the expiry of period E
6th
 
Period F — being 12 months from the expiry of period E
 
1 month from the expiry of period F.”.
 

Made this 28th day of September 2004.

LIM SOO HOON
Permanent Secretary,
Ministry of Community Development,
Youth and Sports,
Singapore.
[MCYS 132-20-36 V11; AG/LEG/SL/38A/2001/1 Vol. 4]