Pioneer Generation and Merdeka Generation Funds Act 2014

Pioneer Generation and
Merdeka Generation
Funds Act 2014

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to establish the Pioneer Generation Fund and the Merdeka Generation Fund to provide financial and other support to Singapore’s Pioneers and Merdeka Generation Seniors, respectively, and for matters connected therewith.

[16/2019]

[9 March 2015]

PART 1

PRELIMINARY

Short title

1.  This Act is the Pioneer Generation and Merdeka Generation Funds Act 2014.

[16/2019]

Interpretation

2.  In this Act, unless the context otherwise requires —

“accounting officer” means a public officer designated under section 9;

“Appeals Panel” means the body of that name established under section 15;

“Central Provident Fund” means the Central Provident Fund established under the Central Provident Fund Act 1953;

“disability” means disability that —

(a) is attributable to intellectual, psychiatric, sensory or physical impairment or a combination of those impairments;

(b) is permanent or likely to be permanent; and

(c) results in a substantial need for continuing support in daily living activities;

“Funds” means the Pioneer Generation Fund and the Merdeka Generation Fund established by section 4;

“health service” means an activity performed in relation to an individual —

(a) that is intended or claimed (expressly or otherwise) by the individual or the person performing the activity —

(i) to diagnose the individual’s illness or disability;

(ii) to treat the individual’s illness or disability, or suspected illness or disability; or

(iii) to assess, record, maintain or improve the individual’s health; or

(b) that is the dispensing on prescription of a drug or medicinal preparation for use or consumption by that individual;

“healthcare provider” means any organisation providing one or more health services in the course of business;

“member”, in relation to the Appeals Panel, includes the chairperson and deputy chairperson of that Panel;

“Merdeka Generation Senior” includes an individual who is determined under section 13 to be a Merdeka Generation Senior;

“organisation” includes any individual, company, association or body of persons, corporate or unincorporate —

(a) formed under the law of Singapore; or

(b) resident, or having an office or a place of business, in Singapore;

“Pioneer” includes an individual who is determined under section 13 to be a Pioneer;

“public authority” means a body established or constituted by or under a public Act to perform or discharge a public function;

“public scheme” means any scheme that —

(a) is established by or under any written law and administered by a public authority or by the Government in any other manner; and

(b) is to provide financial relief, assistance or support to citizens of Singapore or any part of them;

“regulations” means regulations made under section 27;

“reimbursement arrangement” means an agreement in writing or a scheme, approved by the Minister charged with the responsibility for health, to the effect that the Government is liable (directly or indirectly) to pay a grant to a prescribed healthcare provider to reimburse the prescribed healthcare provider for the whole or part of the cost and expenses incurred by the prescribed healthcare provider for any relevant health service rendered or provided to a Pioneer or Merdeka Generation Senior;

“relevant health service” means a health service determined by a prescribed healthcare provider, with the approval of the Minister charged with the responsibility for health, to be a relevant health service for the purposes of this Act;

“verification application” means an application made under section 13(2) in relation to an individual seeking a determination from the Appeals Panel that the individual is a Pioneer or Merdeka Generation Senior for the purposes of this Act.

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Purpose of Act

3.  The purpose of this Act is to recognise and honour the participation and sacrifice of Singapore’s Pioneers and Merdeka Generation Seniors in the early stages of Singapore’s development by providing to such Pioneers and Merdeka Generation Seniors in their elder years assistance in the form of financial benefits or other support to meet their healthcare costs and other costs of living in Singapore.

[3/2016; 16/2019]

PART 2

PIONEER GENERATION FUND AND MERDEKA GENERATION FUND

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Establishment of Pioneer Generation Fund and Merdeka Generation Fund

4.—(1)  There are established 2 Government funds called the Pioneer Generation Fund and the Merdeka Generation Fund, respectively, comprising —

(a) all moneys from time to time appropriated from the Consolidated Fund and authorised to be paid into the Pioneer Generation Fund or the Merdeka Generation Fund (as the case may be) by any written law;

(b) all other revenues of Singapore allocated by any written law to the Pioneer Generation Fund or the Merdeka Generation Fund, as the case may be;

(c) all gifts and donations given or made by any person to the Government for the purposes of the Pioneer Generation Fund or the Merdeka Generation Fund, as the case may be; and

(d) all investments out of moneys in the Pioneer Generation Fund or the Merdeka Generation Fund (as the case may be) authorised to be made by any written law and the proceeds of any such investment, including the net income from such investments.

[16/2019]

(2)  For the purposes of subsection (1)(d), the net income from investments is the amount ascertained by adding to, or deducting from, the income received from investments of moneys in the Pioneer Generation Fund or the Merdeka Generation Fund (as the case may be) any profit derived or loss sustained (as the case may be) from the realisation of such investments.

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(3)  The Pioneer Generation Fund and the Merdeka Generation Fund are each to be regarded as comprising public moneys for the purposes of any other written law, and the Financial Procedure Act 1966 applies to the Pioneer Generation Fund or the Merdeka Generation Fund (as the case may be) to the extent that it is not inconsistent with any of the provisions of this Act.

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Purposes of Funds

5.—(1)  The moneys in the Pioneer Generation Fund and the Merdeka Generation Fund may be withdrawn and applied only for all or any of the following purposes:

(a) to provide financial assistance to Pioneers or Merdeka Generation Seniors (as the case may be) in accordance with section 16(1) and grants by way of reimbursement in accordance with section 16(2);

(b) to fund all or any part of the cost of any prescribed public scheme but only to the extent that Pioneers or Merdeka Generation Seniors (as the case may be) are eligible to participate in or receive benefits under that public scheme;

(c) to meet the payment of expenses referred to in section 6, and any terms of appointment of a public authority and organisation under section 19(1)(b) and (c), respectively;

(d) for such other purposes as are authorised under this Act to be paid out of the Pioneer Generation Fund and the Merdeka Generation Fund, respectively.

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(2)  The moneys in the Pioneer Generation Fund and the Merdeka Generation Fund may be deposited in any bank account and invested in any investment authorised under the Financial Procedure Act 1966.

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Expenses

6.—(1)  Unless otherwise directed by the Minister, all costs, expenses and charges incurred in relation to making any investment of moneys in the Pioneer Generation Fund or the Merdeka Generation Fund are to be charged upon and payable out of the Pioneer Generation Fund or the Merdeka Generation Fund, as the case may be.

[16/2019]

(2)  All other expenses incidental to or arising from the administration and management of moneys in the Pioneer Generation Fund or the Merdeka Generation Fund are to be charged upon and payable out of the Pioneer Generation Fund or the Merdeka Generation Fund (as the case may be) (called in this subsection the relevant Fund), including but not limited to the following:

(a) the cost of auditing the accounts of the relevant Fund, and the remuneration of the auditor if he or she is not the Auditor‑General;

(b) the expenses incurred by any public authority or person whom the Minister has appointed under Part 4 to disburse financial assistance using moneys in the relevant Fund in carrying out their duties under that appointment, and doing any thing incidental to or in connection with the purposes of that appointment.

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(3)  However, no remuneration or allowance payable to a public officer may be met out of moneys in the Funds.

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Withdrawals

7.—(1)  Moneys cannot be withdrawn from the Pioneer Generation Fund or the Merdeka Generation Fund unless they are charged upon that Fund or are authorised to be withdrawn or transferred under this Act.

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(2)  Despite section 13 of the Financial Procedure Act 1966, payment is to be made out of either of the Funds only if the payment is approved by the Minister or an accounting officer authorised, in writing, by the Minister.

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Financial year

8.—(1)  The financial year of each of the Funds begins on 1 April of each year and ends on 31 March of the succeeding year.

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(2)  However, the first financial year of the Pioneer Generation Fund begins on 9 March 2015 and ends on 31 March of the succeeding year.

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(3)  The first financial year of the Merdeka Generation Fund begins on 26 June 2019 and ends on 31 March of the succeeding year.

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Accounts

9.—(1)  The Minister must designate —

(a) one or more public officers to be accounting officers of the Pioneer Generation Fund; and

(b) one or more public officers to be accounting officers of the Merdeka Generation Fund.

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(2)  Every accounting officer of the Pioneer Generation Fund or the Merdeka Generation Fund must —

(a) cause to be kept proper accounts and records of all transactions and affairs relating to that Fund, or the transactions and affairs of the part of that Fund that the accounting officer is in charge of, as the case may be;

(b) do all things necessary to ensure that payments out of that Fund and the disbursement of those funds are properly authorised and correctly made; and

(c) ensure that adequate control is maintained over the assets and receipts of that Fund, or the assets and receipts of the part of that Fund that the accounting officer is in charge of, as the case may be.

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(3)  A public officer designated under subsection (1) is also an accounting officer of the Pioneer Generation Fund or the Merdeka Generation Fund (as the case may be) for the purposes of the Financial Procedure Act 1966.

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Financial statements and audit

10.—(1)  The Minister must, as soon as practicable after the close of each financial year of the Pioneer Generation Fund or the Merdeka Generation Fund (as the case may be), cause to be prepared and submitted financial statements and accounts of the Pioneer Generation Fund and the Merdeka Generation Fund (as the case may be) in respect of the financial year to the Auditor‑General who is to audit or cause an audit of the statements and accounts and report on them.

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(2)  As soon as the accounts of the Funds and the financial statements have been audited, a copy of the audited financial statements, together with a copy of any report made by the Auditor‑General, must be submitted to the Minister.

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(3)  Where the Auditor‑General is not the auditor of any of the Funds, a copy of the audited financial statements and any report made by the auditor for that Fund must be forwarded to the Auditor‑General.

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(4)  The Minister must as soon as practicable cause a copy of the audited financial statements of the Funds and the auditor’s report to be presented to Parliament.

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Dissolution of Funds

11.  Upon dissolution of any of the Funds during any term of office of the Government (within the meaning of the Constitution), the balance of such moneys remaining in that Fund must be transferred to the Consolidated Fund and be added to the reserves of the Government not accumulated by it during that term of office.

[16/2019]

PART 3

BENEFITS

[16/2019]

Who is a Pioneer?

12.—(1)  In this Act, a Pioneer is a citizen of Singapore —

(a) whose birthday is 31 December 1949 or earlier; and

(b) who was a citizen of Singapore on 31 December 1986 and has been a citizen of Singapore since that date.

(2)  In addition, any other citizen of Singapore may be determined under section 13 to be a Pioneer for the purposes of this Act provided that the citizen’s birthday is 31 December 1949 or earlier.

Who is a Merdeka Generation Senior?

12A.—(1)  In this Act, a Merdeka Generation Senior is —

(a) a citizen of Singapore —

(i) whose birthday is between 1 January 1950 and 31 December 1959 (both dates inclusive); and

(ii) who was a citizen of Singapore on 31 December 1996, and has been a citizen of Singapore since that date; or

(b) a citizen of Singapore —

(i) whose birthday is 31 December 1949 or earlier;

(ii) who was a citizen of Singapore on 31 December 1996, and has been a citizen of Singapore since that date; and

(iii) who —

(A) is not a Pioneer; or

(B) ceased being a Pioneer because of section 18(1)(d), whether before, on or after 26 June 2019.

[16/2019]

(2)  In addition, any other citizen of Singapore may be determined under section 13 to be a Merdeka Generation Senior for the purposes of this Act provided that —

(a) the citizen’s birthday is 31 December 1959 or earlier; and

(b) the citizen —

(i) is not a Pioneer; or

(ii) ceased being a Pioneer because of section 18(1)(d), whether before, on or after 26 June 2019.

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Citizen cannot be both Pioneer and Merdeka Generation Senior

12B.  For the purposes of this Act, a citizen of Singapore may only be either a Pioneer or a Merdeka Generation Senior at any time, but not both.

[16/2019]

Determination to be a Pioneer or Merdeka Generation Senior

13.—(1)  For the purpose of determining —

(a) whether a citizen referred to in section 12(2) is a Pioneer for the purposes of this Act; or

(b) whether a citizen referred to in section 12A(2) is a Merdeka Generation Senior for the purposes of this Act,

the Appeals Panel must have regard to, and give such weight as the Panel considers appropriate to, all of such matters as are prescribed by regulations.

[16/2019]

(2)  A citizen of Singapore referred to in section 12(2) or 12A(2) may not be determined to be a Pioneer or Merdeka Generation Senior (as the case may be) for the purposes of this Act unless a verification application is made, by or on behalf of the citizen, to the Appeals Panel in the prescribed manner.

[16/2019]

(3)  A verification application may be made —

(a) by the individual who wants to be determined to be a Pioneer or Merdeka Generation Senior;

(b) with the approval of the individual, by another person on behalf of that individual; or

(c) where the individual is unable, by reason of physical or mental incapacity, to approve a person to make the verification application, by a donee under a lasting power of attorney executed by the individual but only to the extent permitted by the Mental Capacity Act 2008.

[16/2019]

(4)  However, a verification application must be made no later than —

(a) in the case of a verification application for a determination to be a Pioneer — the closing date specified by the Minister under subsection (5) for this type of verification applications; or

(b) in the case of a verification application for a determination to be a Merdeka Generation Senior — the closing date specified by the Minister under subsection (5) for this type of verification applications,

and the Appeals Panel must reject any verification application made after the applicable closing date.

[16/2019]

(5)  The Minister may specify the closing date for the purposes of subsection (4) by a notification in the Gazette published at least 6 months before a closing date so specified.

[16/2019]

(6)  On receiving a verification application under subsection (2) in respect of any individual, the Appeals Panel is to determine, as soon as practicable, whether or not the individual is a Pioneer or Merdeka Generation Senior.

[16/2019]

(7)  If the Appeals Panel determines that —

(a) a citizen of Singapore referred to in section 12(2) is a Pioneer for the purposes of this Act; or

(b) a citizen of Singapore referred to in section 12A(2) is a Merdeka Generation Senior for the purposes of this Act,

the Panel may, where suitable, state that the citizen of Singapore is a Pioneer or a Merdeka Generation Senior (as the case may be) with effect from a date before the date of its decision, but not a date earlier than when the verification application (if made) for that citizen of Singapore was received by the Panel.

[16/2019]

(8)  The Appeals Panel must give to the person referred to in subsection (3) who made a verification application notice of its decision under this section on the verification application.

[16/2019]

Reconsideration by Appeals Panel

14.—(1)  A person who is aggrieved by a decision of the Appeals Panel under this section or section 13 refusing to determine that a citizen of Singapore referred to in section 12(2) is a Pioneer may, at any time but no later than the closing date specified under section 13(5) for verification applications mentioned in section 13(4)(a), apply in writing to that Panel to reconsider that decision.

[16/2019]

(2)  A person who is aggrieved by a decision of the Appeals Panel under this section or section 13 refusing to determine that a citizen of Singapore referred to in section 12A(2) is a Merdeka Generation Senior may, at any time but no later than the closing date specified under section 13(5) for verification applications mentioned in section 13(4)(b), apply in writing to that Panel to reconsider that decision.

[16/2019]

(3)  An application for reconsideration may be made by any person referred to in section 13(3) and must be made in the prescribed manner, except that the Appeals Panel must reject any application for reconsideration made after the closing date specified under section 13(5).

[16/2019]

(4)  On receiving an application under subsection (1) or (2) for reconsideration of its decision in respect of any citizen of Singapore referred to in section 12(2) or 12A(2) (as the case may be), the Appeals Panel is to reconsider the decision, as soon as practicable, and then either —

(a) determine that the citizen of Singapore is a Pioneer or Merdeka Generation Senior (as the case may be) with effect from a date to be specified, which may, where suitable, be a date before the date of its decision on reconsideration but not earlier than the date the verification application (if made) for that citizen of Singapore was received by the Panel under section 13; or

(b) affirm that decision.

[16/2019]

(5)  The Appeals Panel must give notice of the result of its reconsideration under this section to the person who applied under this section for that reconsideration.

[16/2019]

Determination to be Merdeka Generation Senior on Appeals Panel’s own accord

14A.—(1)  Despite section 13(2), where —

(a) the Appeals Panel makes a decision (whether before, on or after 26 June 2019 —

(i) under section 13 refusing to determine that a citizen of Singapore is a Pioneer; or

(ii) under section 14 affirming its earlier refusal to determine that a citizen of Singapore is a Pioneer; and

(b) no application or further application under section 14(1) for reconsideration of that decision is received by the Appeals Panel,

the Appeals Panel may, on its own accord, decide whether that citizen may be determined a Merdeka Generation Senior if he or she is a citizen of Singapore referred to in section 12A(2).

[16/2019]

(2)  To avoid doubt, the Appeals Panel may make a decision under subsection (1) without any verification application being made to the Panel under section 13 to determine whether or not the citizen referred to in subsection (1) is a Merdeka Generation Senior.

[16/2019]

(3)  For the purposes of subsection (1), the Appeals Panel must have regard to, and give such weight as the Panel considers appropriate to, all of the matters mentioned in section 13(1).

[16/2019]

(4)  The Appeals Panel must give to the citizen referred to in subsection (1) notice of its decision under this section.

[16/2019]

(5)  A person who is aggrieved by a decision of the Appeals Panel under this section of refusing to determine that a citizen referred to in subsection (1) is a Merdeka Generation Senior may, at any time but no later than the closing date specified under section 13(5) for verification applications mentioned in section 13(4)(b), apply in writing to that Panel to reconsider that decision; and section 14(3), (4) and (5) applies with the necessary modifications in relation to that application for reconsideration.

[16/2019]

Appeals Panel

15.—(1)  There is established an Appeals Panel comprising —

(a) a chairperson;

(b) one or more deputy chairpersons; and

(c) at least 2 other individuals,

all of whom are appointed by the Minister.

[16/2019]

(2)  The terms and conditions of the appointment of the members of the Appeals Panel are to be determined by the Minister.

[16/2019]

(3)  Unless otherwise provided by or under this Act, the Appeals Panel may determine the procedure to be adopted by it in considering and reconsidering a verification application under sections 13(2) and 14, respectively.

[16/2019]

Pioneer Generation and Merdeka Generation benefits

16.—(1)  The financial assistance to which a Pioneer or Merdeka Generation Senior is eligible under this Act is as follows:

(a) a cash grant to be credited, in respect of a prescribed period (if prescribed), to the Medisave account or other account of the Pioneer or Merdeka Generation Senior in the Central Provident Fund, being of an amount prescribed for the Pioneer or Merdeka Generation Senior or the class that the Pioneer or Merdeka Generation Senior belongs;

[Act 31 of 2022 wef 01/11/2022]

(b) for Pioneers only, a cash grant payable in such other manner of an amount prescribed for the Pioneer if he or she has any disability or satisfies such other conditions as may be prescribed for the grant;

(c) for Merdeka Generation Seniors only, a cash grant to be credited to the Merdeka Generation Senior’s PAssion Silver stored value card, being of an amount prescribed;

(d) a subsidy of the cost of any premium of a prescribed insurance scheme covering the Pioneer or Merdeka Generation Senior (whether alone or as a member of a class) in relation to health services, up to the maximum proportion or maximum amount of that cost prescribed for the Pioneer or Merdeka Generation Senior or the class that the Pioneer or Merdeka Generation Senior belongs;

(e) a subsidy of the cost of any premium of a prescribed insurance scheme covering the Pioneer or Merdeka Generation Senior in relation to any disability, being of an amount prescribed for the Pioneer or Merdeka Generation Senior (as the case may be) and payable for premiums due during a prescribed period;

(f) a subsidy of the cost of any relevant health service rendered or provided to the Pioneer or Merdeka Generation Senior by any prescribed healthcare provider, up to the maximum proportion or maximum amount of that cost prescribed for the Pioneer or Merdeka Generation Senior.

[16/2019]

(2)  If —

(a) a reimbursement arrangement is made in respect of any relevant health service rendered or provided to a Pioneer or Merdeka Generation Senior;

(b) a prescribed healthcare provider referred to in subsection (1)(f) is party to or bound by that arrangement;

(c) that prescribed healthcare provider renders or provides any relevant health service to a Pioneer or Merdeka Generation Senior; and

(d) that prescribed healthcare provider is entitled, under the reimbursement arrangement, to reimbursement of the whole or part of the cost and expenses it incurred in respect of the relevant health service so rendered or provided,

there is payable to the prescribed healthcare provider a grant by way of reimbursement (called a reimbursement grant) of its cost and expenses in rendering or providing the relevant health service to the Pioneer or Merdeka Generation Senior, up to the maximum proportion or maximum amount of those costs and expenses allowed under the reimbursement arrangement applicable to that prescribed healthcare provider.

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(3)  However, nothing in this section prevents a Pioneer or Merdeka Generation Senior from refusing any financial assistance under subsection (1).

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Nature of benefits to Pioneers and Merdeka Generation Seniors

17.—(1)  To avoid doubt, no Pioneer and no Merdeka Generation Senior has an absolute right to any financial assistance in section 16(1), even for a period before he or she is determined to be a Pioneer under section 13 or 14 or a Merdeka Generation Senior under section 13, 14 or 14A.

[16/2019]

(2)  Any financial assistance under section 16(1) granted to a Pioneer or Merdeka Generation Senior  —

(a) is not assignable or transferable, except for the purpose of satisfying a debt due from the Pioneer or Merdeka Generation Senior (as the case may be) to the Government; and

(b) is not liable to be attached, sequestered or levied upon for or in respect of any debt or claim, except a debt due from the Pioneer or Merdeka Generation Senior (as the case may be) to the Government.

[16/2019]

Loss of Pioneer or Merdeka Generation Senior status

18.—(1)  Despite any provision in this Part, an individual continues to be a Pioneer until —

(a) the individual ceases to be a citizen of Singapore at any time after 9 March 2015;

(b) the individual is or becomes a citizen of another country at any time after 9 March 2015, even if the individual does not cease to be a citizen of Singapore;

(c) the individual dies; or

(d) the individual is declared under subsection (3) to cease being a Pioneer.

[16/2019]

(2)  Despite any provision in this Part, an individual continues to be a Merdeka Generation Senior until —

(a) the individual ceases to be a citizen of Singapore at any time after 26 June 2019;

(b) the individual is or becomes a citizen of another country at any time after 26 June 2019, even if the individual does not cease to be a citizen of Singapore;

(c) the individual dies;

(d) the individual is declared under subsection (3) to cease being a Merdeka Generation Senior; or

(e) the individual is determined under section 13(2) or 14 to be a Pioneer.

[16/2019]

(3)  The Minister may by written order declare that an individual ceases to be a Pioneer or Merdeka Generation Senior for the purposes of this Act if the individual is convicted of an offence under this Act; and any declaration by the Minister under this subsection is final.

[16/2019]

(4)  Before declaring under subsection (3) that an individual ceases to be a Pioneer or Merdeka Generation Senior for the purposes of this Act, the Minister must give the individual concerned a reasonable opportunity of being heard.

[16/2019]

(5)  For the purposes of subsection (1)(b), an individual is not and does not become a citizen of another country by reason only of the operation of Article 139 of the Constitution.

PART 4

ADMINISTRATION

Persons appointed to disburse financial assistance

19.—(1)  The Minister may, in relation to any type of financial assistance referred to in section 16(1) or (2) or benefits under a prescribed public scheme referred to in section 5(1)(b), appoint —

(a) any public officer (who may or may not be an accounting officer);

(b) any public authority; or

(c) any other organisation,

to disburse, on behalf of the Minister, the financial assistance or other benefits using moneys withdrawn from any of the Funds, and to do any other thing incidental to or in connection with the purpose of the appointment.

[16/2019]

(2)  After withdrawing moneys from any of the Funds, an accounting officer may transfer the moneys to the relevant public officer, public authority or organisation appointed under subsection (1) to disburse the moneys in the form of financial assistance or other benefits in accordance with this Act and, subject to the provisions of this Act, the Minister’s directions.

[16/2019]

(3)  The appointment of a public authority or an organisation referred to in subsection (1)(b) or (c) may be on such terms as the Minister and the public authority or organisation (as the case may be) agree and if there is no agreement, on such terms as the Minister determines.

(4)  The Minister must, as soon as practicable, cause to be published in the Gazette a notice of the appointment of every public officer, public authority or organisation appointed under subsection (1).

(5)  Where a public authority is appointed by the Minister under subsection (1) to disburse such financial assistance or other benefits using moneys in any of the Funds —

(a) the functions and duties of the public authority under written law are to be regarded as including disbursing that financial assistance or other benefits;

(b) the public authority is to be regarded as fulfilling the purposes of the relevant Act constituting that public authority, and the provisions of that Act are to apply to the public authority in respect of disbursing that financial assistance or other benefits; and

(c) the members, officers and employees of the public authority, in relation to their disbursement of that financial assistance or other benefits, are deemed to be public officers for the purposes of the Financial Procedure Act 1966, and section 20 of that Act is to apply (with such necessary modifications as may be prescribed) to such persons even though they are not or were not in the employment of the Government.

[16/2019]

Disclosure of information in aid of disbursement from Funds

20.—(1)  Where the Minister certifies, under his or her hand, that it is necessary for a public officer, a public authority or an organisation appointed under section 19(1) or any other person (called a recipient organisation) to have access to any particular class of confidential information in the possession of a Government department or another public authority, in order to disburse or facilitate disbursement of any financial assistance or grant under section 16, or any benefit under a prescribed public scheme referred to in section 5(1)(b), using moneys in any of the Funds —

(a) the Minister charged with the responsibility for that Government department or other public authority may, in addition to any other power conferred by any written law, direct that Government department or other public authority to provide so much of the confidential information to the recipient organisation as is necessary for that purpose; and

(b) unless subsection (3) applies, that Government department or other public authority is to comply with the direction under paragraph (a), whether or not it is under any obligation (imposed by written law or otherwise) not to disclose such information.

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(2)  Despite the provisions of this Act or any other written law —

(a) no person shall be guilty of an offence under any written law or of any breach of confidence or incur any other civil liability, by virtue merely of the person disclosing any information in accordance with any direction under subsection (1)(a); and

(b) no officer of a recipient organisation shall be guilty of an offence under any written law or of any breach of confidence or incur any other civil liability, by virtue merely of the officer accessing, or disclosing to another officer of that recipient organisation, any confidential information referred to in subsection (1) in the performance of his or her duties connected with disbursing any financial assistance or grant under section 16 or benefit under a prescribed public scheme referred to in section 5(1)(b).

(3)  This Act is a public scheme for the purposes of section 6(12) of the Income Tax Act 1947; otherwise nothing in this section is to apply to or authorise disclosure of any document, information, return and assessment to which section 6 of that Act applies.

Use of confidential information

21.—(1)  This section applies to a public officer, a public authority or an organisation appointed under section 19(1) or other person referred to in section 20(1), who or which receives information relating to an individual under section 20(1) (called confidential information), and any member or employee of that public authority, organisation or other person, as the case may be.

(2)  The use or disclosure of confidential information, without the written consent of the individual to whom the information relates, is authorised only if the purpose of the use or disclosure is to communicate or manage the confidential information as part of —

(a) the funding, monitoring or evaluation (excluding the investigation into or resolution of complaints) of any health service, or of any benefit under a prescribed public scheme referred to in section 5(1)(b), provided or to be provided to Pioneers or Merdeka Generation Seniors;

(b) the provision of indemnity cover for a Pioneer or Merdeka Generation Senior in respect of health services used or to be used by Pioneers or Merdeka Generation Seniors, as the case may be;

(c) the administration and enforcement of this Act;

(d) the prevention or management of a serious threat to public health or public safety; or

(e) the development or implementation by the Government or a public authority of any public scheme involving benefits to Pioneers or Merdeka Generation Seniors.

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(3)  However, subsection (2) does not authorise a public officer, a public authority, an organisation or other person referred to in section 20(1), or any member or employee of that public authority, organisation or person (as the case may be), to use or disclose the confidential information for the purpose of the Government, public authority, organisation or person —

(a) in underwriting a contract of insurance that covers a healthcare provider referred to in section 16;

(b) in determining whether to enter into a contract of insurance that covers such a healthcare provider (whether alone or as a member of a class);

(c) in determining whether a contract of insurance covers such a healthcare provider in relation to a particular event; or

(d) in employing a Pioneer or Merdeka Generation Senior.

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(4)  Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

Recovery of sums overpaid, etc.

22.—(1)  If any money in the Pioneer Generation Fund or the Merdeka Generation Fund is paid as a cash grant or a subsidy and —

(a) the recipient, in the case of a cash grant referred to in section 16(1)(a), (b) or (c) —

(i) is not a Pioneer or Merdeka Generation Senior, as the case may be; or

(ii) is a Pioneer or Merdeka Generation Senior (as the case may be) but not eligible under this Act to that cash grant;

(b) the recipient, in the case of a subsidy referred to in section 16(1)(d), (e) or (f), is not eligible to the subsidy;

(c) the amount paid is in excess of the amount the recipient is eligible to receive by way of such grant or subsidy (as the case may be) under section 16(1); or

(d) the money was paid, or was credited to a Medisave account or other account of a Pioneer or Merdeka Generation Senior or other individual in the Central Provident Fund, in error,

the amount paid or paid in excess (as the case may be) is recoverable from the recipient as a debt due to the Government.

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(2)  Where money in the Pioneer Generation Fund or the Merdeka Generation Fund is withdrawn and paid as a reimbursement grant under section 16(2) and —

(a) the recipient is not a prescribed healthcare provider;

(b) the recipient is a prescribed healthcare provider but did not render or provide any relevant health service to a Pioneer or Merdeka Generation Senior (as the case may be) in respect of which the recipient may be entitled to reimbursement under the applicable reimbursement arrangement;

(c) the amount paid is in excess of the amount to which the recipient is entitled by way of reimbursement under the applicable reimbursement arrangement; or

(d) the recipient obtained the reimbursement grant —

(i) by knowingly or recklessly making any false or misleading statement; or

(ii) by producing or furnishing, or causing to be produced or furnished, any document that the recipient knows to be false in a material particular,

the amount that has been paid or paid in excess (as the case may be) is recoverable from the recipient as a debt due to the Government.

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(3)  If any person (whether or not a Pioneer or Merdeka Generation Senior, or former Pioneer or former Merdeka Generation Senior) obtains any financial assistance under section 16(1) or any benefit under a prescribed public scheme referred to in section 5(1)(b) —

(a) by knowingly or recklessly making any false or misleading statement; or

(b) by producing or furnishing, or causing to be produced or furnished, any document that the Pioneer or Merdeka Generation Senior (as the case may be) knows to be false in a material particular,

the amount of the financial assistance or benefit so obtained is recoverable from the person as a debt due to the Government.

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(4)  Where the money in any of the Funds is withdrawn and —

(a) paid in error to a Pioneer or Merdeka Generation Senior; or

(b) paid to anyone else without authorisation or in excess of authorisation required by or under this Act,

the amount of the financial assistance, grant or benefit so obtained is recoverable from the recipient as a debt due to the Government.

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