12.—(1) The Board may, in its discretion and subject to such terms and conditions as it may impose, permit an officer who —(a) | has withdrawn any moneys under these Regulations in respect of a flat; or | (b) | is required under section 27C(1)(iii) or 27E(1)(ii) of the Act to make a payment to the Fund upon the sale or disposal of a flat, |
to sell, transfer, assign or otherwise dispose of the flat or any of his estate or interest therein to any person if — |
(i) | the Government or the Minister for Finance approves such sale, transfer, assignment or disposal; and | (ii) | the Board is satisfied that adequate arrangements have been made to secure the payment to the officer’s account in the Fund of the amount specified in this regulation or such part thereof as the Board may determine. [S 510/2007 wef 01/10/2007] |
(2) Subject to paragraphs (6), (9) and (10), where the officer 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 pay to his account in the Fund, in such manner as the Board may determine, whichever is the lesser of the following amounts:(a) | the net proceeds of the sale, transfer, assignment or disposal; or | (b) | such of the following amounts as may be applicable to him or, if both amounts are applicable to him, the aggregate of both amounts:(i) | where paragraph (1)(a) applies to him, all moneys withdrawn by him in connection with the purchase of the flat (including any moneys lent to him under section 14A of the Act in connection with such purchase and withdrawn by him which have not been repaid), together with the whole or such part, as the Board may determine, of any interest that would have been payable thereon if the withdrawal had not been made; | (ii) | where paragraph (1)(b) applies to him, the relevant amount. [S 510/2007 wef 01/10/2007] [S 737/2011 wef 30/12/2011] |
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(3) [Deleted by S 737/2011 wef 30/12/2011] |
(4) Subject to paragraphs (5), (6), (9) and (10), where the officer 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 pay to his account in the Fund, in such manner as the Board may determine, whichever is the lesser of the following amounts: |
(i) | the net proceeds of the sale, transfer, assignment or disposal; or | (ii) | the aggregate of —(A) | the amount of the minimum sum or any deficiency thereof which he is required to set aside; and [S 694/2008 wef 01/01/2009] | (B) | any moneys lent to him under section 14A of the Act in connection with the purchase of the flat and withdrawn by him which have not been repaid, together with the whole or such part, as the Board may determine, of any interest that would have been payable thereon if the withdrawal had not been made. [S 510/2007 wef 01/10/2007] [S 694/2008 wef 01/01/2009] [[S 448/2009 wef 01/01/2009] [S 737/2011 wef 30/12/2011] |
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(5) Notwithstanding paragraph (4) but subject to paragraphs (6), (9) and (10), where the officer 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; | (b) | is required to set aside a minimum sum under section 15(6) of the Act; and | (c) | is an officer in relation to whom the relevant requirements have been satisfied, |
he shall pay to his account in the Fund, in such manner as the Board may determine, whichever is the lesser of the following amounts: |
(i) | the net proceeds of the sale, transfer, assignment or disposal; or | (ii) | the aggregate of —(A) | the amount specified in the third column of the Second Schedule to the Central Provident Fund (Revised Minimum Sum Scheme) Regulations (Rg 2) which is applicable to him, or such lesser amount as the Board may determine, if he attained the age of 55 years on or after 1st July 1995 but before 1st July 2004; | (B) | 50% of the minimum sum applicable to him under regulation 4(1)(a) of the Central Provident Fund (New Minimum Sum Scheme) Regulations (Rg 31), or such lesser amount as the Board may determine, if he attained the age of 55 years on or after 1st July 2004; and | (C) | any moneys lent to him under section 14A of the Act in connection with the purchase or acquisition of the flat and withdrawn by him which have not been repaid, together with the whole or such part, as the Board may determine, of any interest that would have been payable thereon if the withdrawal had not been made. [S 448/2009 wef 01/10/2009] [S 737/2011 wef 30/12/2011] |
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(6) Subject to paragraphs (9) and (10), where the officer sells, transfers, assigns or disposes of the flat to any person without consideration or for a consideration below the market value of the flat, the officer shall, unless the Board otherwise directs, pay to his account in the Fund, in such manner as the Board may determine —(a) | the amount prescribed in paragraph (2)(b), if the officer is below the age of 55 years at the time of the sale, transfer, assignment or disposal; | (b) | the amount prescribed in paragraph (4)(ii), if the officer —(i) | has attained the age of 55 years at the time of the sale, transfer, assignment or disposal; and | (ii) | is required to set aside a minimum sum under section 15(6) of the Act; or |
| (c) | notwithstanding sub-paragraph (b), the amount prescribed in paragraph (5)(ii), if the officer —(i) | has attained the age of 55 years at the time of the sale, transfer, assignment or disposal; | (ii) | is required to set aside a minimum sum under section 15(6) of the Act; and | (iii) | is an officer in relation to whom the relevant requirements have been satisfied. [S 737/2011 wef 30/12/2011] |
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(7) [Deleted by S 694/2008 wef 01/01/2009] |
(8) [Deleted by S 694/2008 wef 01/01/2009] |
(9) Notwithstanding paragraphs (2) to (6) but subject to paragraph (10), where the officer 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 pay to his account in the Fund, in such manner as the Board may determine, such of the following amounts as may be applicable to him or, if both amounts are applicable to him, the aggregate of both amounts: |
(i) | where paragraph (1)(a) applies to him, all moneys withdrawn by him under these Regulations in connection with the purchase of the flat (including any moneys lent to him under section 14A of the Act in connection with such purchase and withdrawn by him which have not been repaid), together with any interest that would have been payable thereon if the withdrawal had not been made, or such part thereof as the Board may determine; | (ii) | where paragraph (1)(b) applies to him, the relevant amount, or such part thereof as the Board may determine. [S 737/2011 wef 30/12/2011] |
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(10) Notwithstanding paragraphs (2) to (9), where the officer transfers (other than by way of sale) his estate or interest in the flat to his spouse pursuant to an order of court referred to in section 27C(1)(c) or 27E(1)(c) of the Act —(a) | in the case of an order of court referred to in section 27C(1)(c) of the Act, the person referred to in section 27C(1)(i) of the Act shall pay to the officer’s account in the Fund, in such manner as the Board may determine, any amount referred to in section 27C(1)(i) of the Act which the person may be required by the order of court to pay to the Board; or | (b) | in the case of an order of court referred to in section 27E(1)(c) of the Act, the officer or person referred to in section 27E(1)(i) of the Act shall pay to the officer’s account in the Fund, in such manner as the Board may determine, such of the amounts referred to in section 27E(1)(i)(A), (B) and (C) of the Act as may be applicable to the officer or person. [S 510/2007 wef 01/10/2007] |
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(11) In this regulation —“net proceeds”, in relation to any 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 flat, or, if the Board so elects, the value of the 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 Government or the Minister for Finance which has not been repaid; and | (ii) | any amount which, under any written law, is to be paid to any other person in priority to the Fund; |
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“relevant amount” means —(a) | in relation to an officer who is required under section 27C(1)(iii) of the Act to make a payment to the Fund upon the sale or disposal of a flat, any positive difference between —(i) | the amount payment of which was secured by the charge on the flat referred to in section 27C(1)(b) of the Act; and | (ii) | the amount which has been paid to the Board under section 27C(1)(i) of the Act towards covering the deficiency in the minimum sum which the spouse is required to set aside; or |
| (b) | in relation to an officer who is required under section 27E (1) (ii) of the Act to make a payment to the Fund upon the sale or disposal of a flat, any positive difference between —(i) | the amount which would have been payable to the account of the officer’s spouse in the Fund under paragraph (2), (4), (5), (6) or (9) (excluding such interest or part thereof payable under those paragraphs as the Board may determine), if there was no order of court referred to in section 27E(1)(c) of the Act requiring the transfer (other than by way of sale) of the spouse’s interest in the flat to the officer; and [S 448/2009 wef 01/10/2009] [S 737/2011 wef 30/12/2011] | (ii) | the amount which has been paid to the Fund to the credit of the spouse under section 27E(1)(i) of the Act; |
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“spouse” includes a former spouse. [S 510/2007 wef 01/10/2007] |
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(12) For the purposes of paragraph (5), which applies where an officer has withdrawn any moneys under these Regulations in respect of the flat referred to in paragraph (1)(a), or is required under section 27C(1)(iii) or 27E(1)(ii) of the Act to make a payment to the Fund upon the sale or disposal of the flat referred to in paragraph (1)(b), and the officer is required to pay or repay to the Board or the Fund any moneys secured by any charge on the flat under section 21(1), 21A(1) or 27E(1)(iv) of the Act (referred to in this paragraph as the relevant charge), the relevant requirements are as follows:(a) | any of the following applies:(i) | there is a charge created under section 15(9) or (9A) of the Act on an immovable property (not being the flat) to secure the payment to the Board of the minimum sum applicable to the officer; | (ii) | there is an undertaking under section 15(10) of the Act given by the officer, being the owner of an immovable property (other than the flat), to refund to the Board an amount equal to the minimum sum or part thereof which he is required to set aside in the event the immovable property is sold or otherwise disposed of; | (iii) | there is an undertaking under section 15(10) or (10A) of the Act given by the officer and one or more other persons, being joint owners of an immovable property (other than the flat), to refund to the Board an amount equal to the minimum sum or part thereof which the officer is required to set aside in the event the immovable property is sold or otherwise disposed of; | (iv) | there is a charge under section 21(1) or 21A(1) of the Act on the officer’s estate or interest in an immovable property (not being the flat) to secure the payment of the minimum sum into the officer’s retirement account; | (v) | there is a charge constituted under section 21B(1) of the Act on an immovable property (being an HDB flat, but not being the flat) to secure the payment of the minimum sum into the officer’s retirement account; | (vi) | there is a charge under section 27C(1)(v) of the Act on the officer’s estate or interest in an immovable property (not being the flat) to secure the payment by the officer of the amount referred to in section 27C(1)(iii) of the Act; | (vii) | there is an undertaking under section 27D(1)(v) of the Act given by the officer to pay to the Board the amount referred to in section 27D(1)(iii) of the Act in the event an immovable property (not being the flat) is sold or disposed of; | (viii) | there is a charge under section 27E(1)(iv) of the Act on the officer’s estate or interest in an immovable property (not being the flat) to secure the payment of the minimum sum into the officer’s retirement account; or | (ix) | there is a charge constituted under section 27F(1)(iv) of the Act on an immovable property (being an HDB flat, but not being the flat) to secure the payment of the minimum sum into the officer’s retirement account; |
| (b) | the officer designates, in such manner as the Board may require, the immovable property referred to in the applicable sub-paragraph of sub-paragraph (a) as the principal immovable property from which an amount sufficient to cover any deficiency in the minimum sum which the officer is required to set aside shall be paid to the Board, on the sale, transfer, assignment or disposal of the immovable property, or on the compulsory acquisition of the immovable property under any written law, out of the proceeds of such sale, transfer, assignment, disposal or compulsory acquisition, as the case may be; | (c) | where the officer and one or more other persons jointly own the immovable property referred to in the applicable sub-paragraph of sub-paragraph (a), each joint owner of the immovable property (other than the officer) gives his consent for the officer to designate the immovable property as the principal immovable property for the purposes of sub-paragraph (b); | (d) | the officer —(i) | applies to the Board, in such manner as the Board may require, not to fully enforce the relevant charge; and | (ii) | agrees to such terms and conditions as the Board may impose for not fully enforcing that charge; and |
| (e) | the Board grants the officer’s application. [S 448/2009 wef 01/10/2009] |
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(13) [Deleted by S 510/2007 wef 01/10/2007] |
(14) [Deleted by S 510/2007 wef 01/10/2007] |
(15) Nothing in this regulation shall apply to the sale, transfer, assignment or disposal of any flat where the application to the Board for its written permission to such sale, transfer, assignment or disposal referred to in regulation 9 was made before 21st December 2001. |
(16) Regulation 12 in force immediately before 21st December 2001 shall continue to apply in respect of any sale, transfer, assignment or disposal referred to in paragraph (15). |
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