Child Development Co-Savings (Amendment) Act 2021 (Saving and Transitional Provisions) Regulations 2021

No. S 826

Child Development Co-Savings
(Amendment) Act 2021

(ACT 19 OF 2021)

Child Development Co-Savings
(Amendment) Act 2021
(Saving and Transitional Provisions)
Regulations 2021

In exercise of the powers conferred by section 37 of the Child Development Co‑Savings (Amendment) Act 2021, the Minister for Social and Family Development makes the following Regulations:

Citation and commencement

1. These Regulations are the Child Development Co‑Savings (Amendment) Act 2021 (Saving and Transitional Provisions) Regulations 2021 and come into operation on 1 November 2021.

Definitions

2. In these Regulations, unless the context otherwise requires —

“Act” means the Child Development Co‑Savings Act (Cap. 38A);

“amendment Act” means the Child Development Co‑Savings (Amendment) Act 2021;

“self‑employed person” means a self‑employed man or a self‑employed woman;

“unamended Act” means the Child Development Co‑Savings Act as in force immediately before 1 November 2021.

Entitlement to certain maternity leave if child becomes citizen of Singapore on or after 1 November 2021, etc.

3.—(1) Section 9(1A)(i)(A)(AB), (B)(BB) and (C), (ii)(A)(AB) and (B), (iii)(A)(AB), (B)(BB) and (C), (iv)(A)(AB) and (B) and (iva) and (1AA) of the Act as in force on or after 1 November 2021 applies only to or in relation to —

(a)	a female employee whose child becomes a citizen of Singapore on or after that date; and
(b)	any employer of that female employee, with respect to that female employee.

(2) To avoid doubt, despite section 8(a) to (f) of the amendment Act, section 9(1A)(i)(A)(AB), (B)(BB) and (C), (ii)(A)(AB) and (B), (iii)(A)(AB), (B)(BB) and (C) and (iv)(A)(AB) and (B) of the unamended Act continues to apply to or in relation to —

(a)	a female employee whose child becomes a citizen of Singapore before 1 November 2021; and
(b)	any employer of that female employee, with respect to that female employee,

whether that female employee absented herself from work under any of those provisions of the unamended Act before, on or after that date.

Entitlement to maternity benefits for certain mothers

4. Despite sections 8(l) and 9(k) and (l) of the amendment Act, where a woman submits a claim under section 9(5A) of the Act on or after 1 November 2021, sections 9(6)(c) and 9A(5A)(b)(iii) of the Act do not apply in relation to that claim —

(a)	in the case of her child mentioned in section 9A(2)(b)(i) of the Act — if her confinement in respect of her child occurs, or the estimated delivery date for her confinement is, before 1 November 2021; and
(b)	in the case of her child mentioned in section 9A(2)(b)(ii) of the Act — if the date that her child becomes a citizen of Singapore is before 1 November 2021.

Entitlement to shared parental leave or lost income for widowed fathers on or after 1 November 2021

5. Section 12E(7B) of the Act as in force on or after 1 November 2021 applies only to or in relation to —

(a)	a male employee or a self‑employed man if the date of death of the appropriate applicant mentioned in section 12E(7B)(a) or (b) (whichever is applicable) of the Act is on or after 1 November 2021; and
(b)	any employer of the male employee, with respect to that male employee.

Limits on payment by employer to employee

6. Where —

(a)	an employee is entitled to receive payment from the employee’s employer under section 9(1), (1A) or (1B), 12AA(4), 12E(2) or 12H(2) of the unamended Act (as the case may be), in relation to the whole or any part of the employee’s entitlement to be absent from work; and
(b)	any employer of that employee makes such payment to the employee on or after 1 November 2021,

the limits on the payment that an employee is entitled to receive from an employer under section 9A(4), 12AA(5), 12F(2) or 12I(3) of the Act (as the case may be) as in force on 1 November 2021 apply to or in relation to that employee and that employer.

Limits on reimbursement by Government to employer

7. The limits on reimbursement under section 10(2), 12AD(2), 12G(2) or 12J(2) of the Act (as the case may be) as in force on 1 November 2021 apply in relation to a claim by an employer under section 10(1), 12AD(1), 12G(1) or 12J(1) of the Act (as the case may be) submitted on or after that date, for reimbursement from the Government for a payment to which regulation 6 applies.

Limits on payment by Government to self‑employed person

8.—(1) This regulation applies to a self‑employed person who submits a claim on or after 1 November 2021 in respect of the self‑employed person’s entitlement under section 9(4) or (4A), 12AB(1), 12E(3) or 12H(4) of the unamended Act (as the case may be) for payment from the Government for lost income in respect of any period (whether before, on or after 1 November 2021) of cessation of active engagement in the self‑employed person’s trade, business, profession or vocation.

(2) The limits on the payment from the Government under section 9A(5), 12AB(2), 12F(3) or 12I(4) of the Act (as the case may be) as in force on 1 November 2021 apply in relation to any claim mentioned in paragraph (1).

Recovery by employer for certain defaulting event on or after 1 November 2021

9. Section 12N(2) of the Act as in force on or after 1 November 2021 applies to an employer only if the defaulting event mentioned in that provision occurs on or after that date.

Made on 28 October 2021.

CHEW HOCK YONG

Permanent Secretary,
Ministry of Social and Family Development,
Singapore.

[MSF 132-20-359; AG/LEGIS/SL/38A/2020/4 Vol. 1]

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