11.—(1) The Board may, in its discretion and subject to such terms and conditions as it may impose, permit a member who —| (a) | has withdrawn any moneys under these Regulations in respect of a property; or | | (b) | is required under section 27C(1)(g), 27DA(1)(g), 27DB(2)(c) or 27E(1)(f) of the Act to make a payment to the Fund upon the sale or disposal of a property, |
| to sell, transfer, assign or otherwise dispose of the property or any of the member’s estate or interest in the property to any person, if the Board is satisfied that adequate arrangements have been made to secure the payment to the member’s account in the Fund of the amount specified in this regulation or such part of the amount as the Board may determine. |
(2) Subject to paragraphs (3), (4) and (5), the member making the sale, transfer, assignment or disposal must pay to his or her account in the Fund, in the manner determined by the Board, whichever is the lesser of the following amounts:| (a) | the net proceeds of the sale, transfer, assignment or disposal; | | (b) | such of the following amounts as may be applicable to the member or, if both amounts are applicable to him or her, the aggregate of both amounts:| (i) | where paragraph (1)(a) applies to the member, all moneys withdrawn by him or her in connection with the purchase of the property (including any moneys lent to that member under section 14A of the Act in connection with such purchase and withdrawn by that member which have not been repaid), together with the whole or such part (as the Board may determine) of any interest that would have been payable on the moneys if the withdrawal had not been made; | | (ii) | where paragraph (1)(b) applies to the member, the relevant amount. |
|
|
| (3) Subject to paragraphs (4) and (5), where the member sells, transfers, assigns or disposes of the property or the member’s estate or interest in the property to any person without consideration or for a consideration below the market value of the property, the member must, unless the Board otherwise directs, pay to his or her account in the Fund, in the manner determined by the Board, the amount prescribed in paragraph (2)(b). |
| (4) Paragraphs (1), (2) and (3) do not apply where the member sells, transfers, assigns or disposes of only part (but not the whole) of his or her estate or interest in the property. |
(5) Despite paragraphs (2), (3) and (4), where the member transfers (other than by way of sale) his or her estate or interest in the property to his or her spouse pursuant to an order of court mentioned in section 27C(1)(c), 27DA(1)(c), 27DB(1)(c) or 27E(1)(c) of the Act —| (a) | in the case of an order of court mentioned in section 27C(1)(c) of the Act, the person mentioned in section 27C(1)(e) of the Act must pay to the member’s account in the Fund, in the manner determined by the Board, any amount mentioned in section 27C(1)(e) of the Act which the person may be required by the order of court to pay to the Board; | | (b) | in the case of an order of court mentioned in section 27DA(1)(c) of the Act, the person mentioned in section 27DA(1)(e) of the Act must pay to the member’s account in the Fund, in the manner determined by the Board, any amount mentioned in section 27DA(1)(e) of the Act which the person may be required by the order of court to pay to the Board; | | (c) | in the case of an order of court mentioned in section 27DB(1)(c) of the Act, the person mentioned in section 27DB(2)(a) of the Act must pay to the member’s account in the Fund, in the manner determined by the Board, any amount mentioned in section 27DB(2)(a) of the Act which the person may be required by the order of court to pay to the Board; or | | (d) | in the case of an order of court mentioned in section 27E(1)(c) of the Act, the member or person mentioned in section 27E(1)(e) of the Act must pay to the member’s account in the Fund, in the manner determined by the Board, such of the amounts mentioned in section 27E(1)(e)(i), (ii) and (iii) of the Act as may be applicable to the member or person. |
|
(6) In this regulation —“net proceeds”, in relation to any property, or a member’s estate or interest in a property, which is sold, transferred, assigned or disposed of, means the excess (if any) of —| (a) | the consideration for the sale, transfer, assignment or disposal of the property, or of the member’s estate or interest in the property (as the case may be) or, if the Board so elects, the value of the property, or of the member’s estate or interest in the property (as the case may be) at the time of the sale, transfer, assignment or disposal as assessed by the Board; over | | (b) | the aggregate of the following amounts paid in the following order:| (i) | any amount under a housing loan for the purchase or acquisition of the property, or of the member’s estate or interest in the property (as the case may be) which has not been repaid; | | (ii) | any amount which, under any written law, is to be paid to any other person in priority to the Fund, or such part of that amount as the Board determines to be attributable to the member’s estate or interest in the property, as the case may be; |
|
|
“relevant amount” means —| (a) | in relation to a member who is required under section 27C(1)(g) of the Act to make a payment to the Fund upon the sale or disposal of a property, the excess (if any) of —| (i) | the amount payment of which was secured by the charge on the property mentioned in section 27C(1)(b) of the Act; over | | (ii) | the amount which has been paid to the Board under section 27C(1)(e) of the Act towards covering the deficiency in the retirement sum which the spouse is required to set aside; |
| | (b) | in relation to a member who is required under section 27DA(1)(g) of the Act to make a payment to the Fund upon the sale or disposal of a property, the excess (if any) of —| (i) | the amount payment of which was secured by the charge constituted under section 15AB(10) or (11) of the Act or a former provision on the property; over | | (ii) | the amount which has been paid to the Board under section 27DA(1)(e) of the Act towards covering the deficiency in the retirement sum which the spouse is required to set aside; |
| | (c) | in relation to a member who is required under section 27DB(2)(c) of the Act to make a payment to the Fund upon the sale or disposal of a property, the excess (if any) of —| (i) | the amount payment of which was secured by the charge constituted under section 15AB(13) of the Act or a former provision on the property; over | | (ii) | the amount which has been paid to the Board under section 27DB(2)(a) of the Act towards covering the deficiency in the retirement sum which the spouse is required to set aside; or |
| | (d) | in relation to a member who is required under section 27E(1)(f) of the Act to make a payment to the Fund upon the sale or disposal of a property, the excess (if any) of —| (i) | the amount which would have been payable to the account of the member’s spouse in the Fund under paragraph (2) or (3) (excluding such interest or part of such interest payable under those paragraphs as the Board may determine), if there was no order of court mentioned in section 27E(1)(c) of the Act requiring the transfer (other than by way of sale) of the spouse’s interest in the house or flat to the member; over | | (ii) | the amount which has been paid to the Fund to the credit of the spouse under section 27E(1)(e) of the Act; |
|
|
| “spouse” includes a former spouse. |
|
(7) Nothing in this regulation applies to —| (a) | the sale, transfer, assignment or disposal of any property which has not been privatised, where the application for the consent of the Housing and Development Board under section 56 of the Housing and Development Act 1959 in respect of such sale, transfer, assignment or disposal was made before 21 December 2001; or | | (b) | the sale, transfer, assignment or disposal of any property which has been privatised, where the application to the Board for cancellation of its charge over the property was made before 21 December 2001. |
|
| (8) Regulation 11 as in force immediately before 21 December 2001 continues to apply in respect of any sale, transfer, assignment or disposal mentioned in paragraph (7). |
| (9) For the purposes of paragraph (7), a property is privatised if it is comprised in a building erected on land the estate or interest in which has been transferred to all registered proprietors comprised in that building in accordance with section 126 of the Land Titles (Strata) Act 1967 read with the repealed sections 126A and 126B of that Act. |
|