Interpretation of this Part
28.—(1) In this Part —“approved mortgagee” means a mortgagee approved by the Minister by notification in the Gazette;
“assessed risk” means the risk that a person’s health condition may result in death or incapacity, as assessed by the Board;[Act 33 of 2024 wef 26/05/2025]
“Home Protection Fund” means the Home Protection Fund established and maintained by the Board under section 33(1);
[Deleted by Act 39 of 2021 wef 01/03/2022]
“incapacitated” means suffering from —(a)
a total permanent disability; or
(b)
a terminal illness which arises on or after 1 May 2016,
and “incapacity” is to be construed accordingly;
“insured sum” means the sum prescribed in regulations made under this Part which is payable on the death or incapacity of a Scheme member;
“member of the Scheme” or “Scheme member” means a person who is insured under the Scheme;
“premium” means the premium payable by a member of the Scheme;
“premium loading” means any additional amount payable as a premium imposed in accordance with section 32A, over and above the premium payable by a member of the Scheme under section 32(1);[Act 33 of 2024 wef 26/05/2025]
“Scheme” means the Home Protection Insurance Scheme established and maintained by the Board under section 29(1);
“terminal illness” means any illness that a registered medical practitioner under the Medical Registration Act 1997 certifies is expected to result in death within 12 months;
“total permanent disability” means —(a)
being physically or mentally incapacitated from ever continuing in any employment; or
(b)
the total or permanent loss, which arises on or after 1 May 2016, of the physical function of —(i)
2 eyes;
(ii)
2 limbs; or
(iii)
one eye and one limb.[6/2016]
(2) Except where expressly provided in this Part, the provisions of this Part apply (so far as relevant), with such exceptions, modifications and adaptations as the Minister may by order in the Gazette prescribe, in relation to any housing accommodation sold or to be sold by an approved developer under Part 4B of the Housing and Development Act 1959.
(3) An order made under subsection (2) must be presented to Parliament as soon as possible after publication in the Gazette.
Establishment of Home Protection Insurance Scheme
29.—(1) The Board is authorised to establish and maintain a Home Protection Insurance Scheme to provide for an insured sum to be paid in respect of any person who is a Scheme member, in accordance with the provisions of this Part, on the person’s death or incapacity at any time during the period in which the person is insured under the Scheme.[6/2016]
(2) Subject to section 31, the Scheme applies to every member who has withdrawn moneys standing to the member’s credit in the Fund to repay any instalment of housing loan taken by the member from a Housing Authority or an approved mortgagee for the purchase of any immovable property from a Housing Authority.
(3) The Board may permit any person who has purchased from a Housing Authority an immovable property jointly with a member of the Fund to join the Scheme subject to such term, condition and restriction as the Board may impose.
(4) The Board may, on the application being made to it by a member, exempt the member from the Scheme.
(4A) Any exemption by the Board under subsection (4) is subject to such terms and conditions as the Minister may prescribe.
(5) The Scheme does not apply to —(a)
any member if he or she is 65 years of age or above or such other age as the Minister may prescribe at the time the member is required to join the Scheme; [Act 36 of 2023 wef 01/04/2024]
(aa)
any member who is not a citizen or permanent resident of Singapore at the time the member is required to join the Scheme; and[Act 36 of 2023 wef 01/04/2024]
(b)
any member or class of members whom the Minister may, by notification in the Gazette, specify.
(5A) Despite subsection (5), the Scheme does not apply to any member who is 60 years of age or above but below 65 years of age on 1 March 2001 unless that member opts, in such manner as the Board may determine, to join the Scheme.
(6) Any person who became a member of the Scheme prior to 1 March 1988 continues to be a member of the Scheme subject to the same term, condition and restriction which were in force before that date.
(7) The Board may, subject to such terms, conditions and restrictions as the Board may impose, issue to a member a cover under the Scheme, or cancel, terminate or reinstate a member’s cover under the Scheme in such circumstances as may be prescribed by regulations made under this Part.[23/2012; 6/2016]
[Act 36 of 2023 wef 01/04/2024]
(8) Where the Board is satisfied that a member of the Scheme is not a citizen or permanent resident of Singapore, the member’s cover under the Scheme is deemed to be terminated at the time prescribed by regulations made under section 39.[Act 36 of 2023 wef 01/04/2024]
(9) The time prescribed for the termination under subsection (8) may differ for different classes of members.[Act 36 of 2023 wef 01/04/2024]
Double insurance cover under Scheme prohibited
30.—(1) No person is to be insured under the Scheme for more than one immovable property at the same time.
(2) Where a member who is insured under the Scheme in respect of any immovable property purchases another immovable property from a Housing Authority, the member, despite anything in this Act or in regulations made under this Part, ceases to be covered under the Scheme in respect of the firstmentioned immovable property immediately upon the commencement of cover under the Scheme in respect of the second‑mentioned immovable property.
(3) Where a member’s cover under the Scheme in respect of any immovable property ceases by virtue of subsection (2), the Board must refund to the member or pay to such other person as may be prescribed by regulations made under this Part, subject to such terms and conditions as the Board may impose and in such manner as may be prescribed by those regulations, an amount representing the surrender value of that cover or the unexpired portion of that cover (if any) calculated in accordance with those regulations as if the member had redeemed the housing loan on that property on the date of the cessation of that cover.[23/2012]
(4) Where before 1 August 1998 a member is insured under the Scheme in respect of 2 immovable properties at the same time —(a)
the member’s cover under the Scheme in respect of the immovable property purchased by the member earlier (called in this subsection the earlier property) ceases on that date; and
(b)
the Board must refund to the member or pay to such other person as may be prescribed by regulations made under this Part, subject to such terms and conditions as the Board may impose and in such manner as may be prescribed by those regulations, an amount representing the surrender value of that cover (if any) calculated in accordance with those regulations as if the member had redeemed the housing loan on the earlier property on that date.[23/2012]
Health condition of member of Scheme
31.—(1) Subject to subsection (2), a person is not entitled to join the Scheme if the Board is not satisfied that the person is in good health at the time the insurance cover under the Scheme is to commence.[6/2016]
(2) The Board may, on the application of a person who is not entitled to join the Scheme solely by reason of subsection (1), permit the person to join the Scheme, subject to such terms and conditions as the Board may impose either generally or in a particular case.[6/2016]
(2A) The terms and conditions mentioned in subsection (2) may provide for all or any of the following matters:(a)
exclude coverage for claims arising from any of the person’s pre-existing health conditions;
(b)
impose premium loading;
(c)
any other matter prescribed by regulations made under section 39.[Act 33 of 2024 wef 26/05/2025]
(3) A member of the Scheme or person who wishes to join the Scheme must —(a)
if required by the Board, undergo such medical examination as the Board thinks fit; and
(b)
disclose to the Board such facts or information concerning his or her health as the Board may require.[Act 33 of 2024 wef 26/05/2025]
Premium
32.—(1) Every member of the Scheme must pay a premium of an amount prescribed by regulations made under this Part.
(2) Despite anything in this Act, the Board is entitled to deduct the amount of the premium payable by a member of the Scheme from the contributions standing to the credit of that member in the Fund and where any such deduction has been made by the Board, the Board must as soon as practicable give to the member concerned written notice to that effect.
(3) The deduction referred to in subsection (2) has priority to the deductions which the Board is authorised to make under all other provisions of this Act except section 27B.
(4) Where any premium payable by a Scheme member is not paid in the manner or within the time prescribed by regulations made under section 39, either or both of the following apply:(a)
the Board may deduct the unpaid amount (in whole or in part) from any payment from the insured sum which the Board may make under the Scheme under section 36(1), (2) or (6);
(b)
the unpaid amount (in whole or in part) may be paid in such other manner and within such time as the Board may allow.[Act 33 of 2024 wef 26/05/2025]
(5) Where a joint owner of an immovable property is insured under the Scheme, the Board may (on such terms and conditions as the Board may impose) permit such other joint owner of the immovable property to use his or her contributions in the Fund to pay for the whole or part of the premium which the firstmentioned joint owner is liable to pay under the Scheme. [6/2016]
(6) The other joint owner referred to in subsection (5) —(a)
need not be insured under the Scheme; and
(b)
must satisfy such other criteria as the Board may determine.[6/2016]
Premium loading
32A.—(1) The Board may impose premium loading as a term and condition under section 31(2A) if —(a)
the person’s assessed risk exceeds the threshold determined by the Board; and
(b)
the Board is satisfied that any other criteria determined by the Board, which may affect the person’s health, are met.
(2) If the Board is satisfied that a member’s assessed risk has been reduced, the Board may reduce or waive the premium loading payable by the member.
(3) Where the member applies to adjust his or her existing insurance cover under the Scheme, the Board may allow the adjustment with an increase in the amount of premium loading payable by the member if the member’s assessed risk has increased.
(4) Sections 32 (except for subsection (1)), 33 and 37 apply to a member’s premium loading as if references to premiums include the amount of the member’s premium loading.[Act 33 of 2024 wef 26/05/2025]
Establishment of Home Protection Fund
33.—(1) The Board must establish and maintain a fund called the Home Protection Fund into which all premiums collected under this Part are to be paid, and out of which all payments to be paid by the Board under the Scheme (including any costs and expenses incurred by the Board in establishing and maintaining the Scheme) are to be met.
(2) The Home Protection Fund is controlled and administered by the Board.
(3) Every amount paid by the Board out of the Home Protection Fund before 30 December 2011 to defray the costs and expenses incurred by the Board in establishing and maintaining the Scheme is deemed to be and always to have been validly paid, and no legal proceedings shall lie or be instituted or maintained in any court of law on account of or in respect of any such payment.
Amount payable by Board on death or incapacity of member of Scheme
36.—(1) Where a member of the Scheme dies at any time during the period he or she is insured under the Scheme, the Board must, upon proof of death, pay such amount deducted from the Scheme member’s insured sum as may be prescribed by regulations made under this Part —(a)
in any case where there exist such circumstances as may be prescribed by those regulations —(i)
to such person or persons (other than the Housing Authority or the approved mortgagee) and in such manner as may be prescribed by those regulations; and
(ii)
if that amount is payable to 2 or more persons, in such proportion as may be determined by the Board; or
(b)
in any other case, to the Housing Authority or the approved mortgagee.[24/2013; 6/2016]
(2) Subject to subsections (3), (4) and (5), where there is a claim made to the Board by a member of the Scheme on the ground of incapacity at any time during the period he or she is insured under the Scheme, the Board must, upon proof of incapacity —(a)
in any case where there exist such circumstances as may be prescribed by regulations made under this Part, pay such amount deducted from the Scheme member’s insured sum as may be prescribed by those regulations to be payable at the time of incapacity of the member —(i)
to such person or persons (other than the Housing Authority or the approved mortgagee) and in such manner as may be prescribed by those regulations; and
(ii)
if that amount is payable to 2 or more persons, in such proportion as may be determined by the Board; or
(b)
in any other case, pay to the Housing Authority or the approved mortgagee the monthly or other periodic loan instalments which the member of the Scheme is liable to pay to the Housing Authority or the approved mortgagee under the housing loan for a period not exceeding 2 years, by deducting the amount from the Scheme member’s insured sum.[24/2013; 6/2016]
(3) To avoid doubt, where the housing loan is taken from a Housing Authority or an approved mortgagee by 2 or more members of the Scheme in respect of property purchased jointly by the members, the monthly or other periodic loan instalments payable by the Board under subsection (2)(b) on account of the incapacity of a member are in proportion to that member’s liability for the repayment of the housing loan as declared by that member to, and accepted by, the Board.[24/2013]
(4) The Board must cease payment to the Housing Authority or the approved mortgagee under subsection (2)(b) if the member of the Scheme is no longer incapacitated.[24/2013]
(5) Where the Board ceases payment to the Housing Authority or the approved mortgagee under subsection (4), the member of the Scheme remains insured under the Scheme for the Scheme member’s insured sum less any amount that the Board has paid under subsection (2)(b).[24/2013; 6/2016]
(6) Despite subsection (2)(b), if the incapacity of the Scheme member is in the opinion of the Board likely to continue for more than 2 years, the Board must pay the Housing Authority or the approved mortgagee an amount as is prescribed by regulations made under this Part.[6/2016]
(7) Where a claim under the Scheme is made in respect of the incapacity of a member of the Scheme, the Board may backdate any payment to be made by the Board to the Housing Authority or the approved mortgagee under this section to the date on which the incapacity occurred.
(8) The amount payable by the Board under this section on the death or incapacity of a member of the Scheme is not more than the aggregate of —(a)
the outstanding amount of any housing loan taken in respect of the immovable property for which the member of the Scheme is insured at the time of that member’s death or incapacity; and
(b)
the amount of interest accrued on the outstanding amount mentioned in paragraph (a) up to the date the outstanding amount is paid.[37/2019]
(8A) The Board must credit the excess of the Scheme member’s insured sum over the amount payable under this section to the Scheme member’s account in the Fund.[6/2016]
(8B) Any payment of interest made by the Board in respect of a Scheme member before 1 January 2020 which, if made on or after that date, would be permitted under subsection (8) is taken to be and always to have been validly made; and no legal proceedings lie or may be instituted or maintained, in any court of law on account of or in respect of any such payment.[37/2019]
(9) The Board is not required to make any payment in respect of any member of the Scheme —(a)
if the death or incapacity of the member —(i)
in the case of a member who was insured under the Scheme before 1 March 2001, occurs within one year from the date he or she is insured under the Scheme and the death is the result of suicide or the incapacity is the result of deliberate self‑injury; or
(ii)
in the case of a member who was insured under the Scheme on or after 1 March 2001, is the result of suicide or deliberate self‑injury committed within one year from the date that he or she is insured under the Scheme;
(b)
if the member suffered capital punishment for any criminal act committed within one year from the date that he or she is insured under the Scheme;
(c)
if the death or incapacity of the member, directly or indirectly, arose out of or is consequent upon or contributed by his or her own intentional criminal act committed within one year from the date that he or she is insured under the Scheme; or
(d)
if the death or incapacity of that member arises from war or any warlike operations or participation in any riot.
(10) The Board is not required to make any payment in respect of any member of the Scheme if the member —(a)
makes or furnishes to the Board any statement or fact that is false or misleading in a material particular;
(b)
fails to disclose to the Board any material fact or circumstance known to the member at the time he or she is required to be insured under the Scheme which might influence the Board as to whether he or she should be insured under the Scheme; or
(c)
was suffering from an illness when the member joined the Scheme, unless the Board permitted the member to join the Scheme when it knew that the member was suffering from that illness.[6/2016]
(11) Subsection (9) does not limit the particulars, facts and circumstances which may be taken to be material for the purposes of subsection (10)(a) or (b).[6/2016]
(12) Despite subsections (9) and (10), the Board may, on proof of death or incapacity of a Scheme member, pay in any circumstances prescribed by regulations made under this Part the whole or part of the insured sum.[6/2016]
(13) Any payment made by the Board in respect of a Scheme member before 1 May 2016, which if made after that date would be permitted under subsection (12), is taken to be and always to have been validly paid, and no legal proceedings lie or may be instituted or maintained in any court of law on account of or in respect of any such payment.[6/2016]
Housing Authority or approved mortgagee to send notice to Board on payment of premium
37.—(1) Where a member of the Scheme is required to pay a premium to the Home Protection Fund under section 32, the Housing Authority or the approved mortgagee (as the case may be) must send a written notice thereof to the Board within 14 days from the date the premium is payable by the member of the Scheme.
(2) Every notice under subsection (1) must be in such form as the Board may require.
Non-application of Insurance Act 1966
38. The Insurance Act 1966 does not apply to anything done by the Board under this Part.
Regulations for purposes of this Part
39. The Minister may make such regulations as are necessary or expedient for the purpose of carrying out the provisions of this Part and, in particular, such regulations may —(a)
provide for the different classes of members of the Scheme and the rates of premium payable by such members;
(aa)
provide for the maximum amount of premium loading payable by members;[Act 33 of 2024 wef 26/05/2025]
(b)
provide for the manner and time for payment of premiums and premium loading by the different classes of members of the Scheme;[Act 33 of 2024 wef 26/05/2025]
(c)
provide for the period and commencement of cover under the Scheme;
(ca)
prescribe the insured sum in respect of each class of Scheme members;
(d)
provide, in respect of each class of members of the Scheme, for the amount of money payable by the Board to the Housing Authority or the approved mortgagee in the event of the death or incapacity of a member of the Scheme;
(da)
prescribe the circumstances referred to in section 36(1)(a) and (2)(a) under which the Board may make payment to any person other than the Housing Authority or the approved mortgagee, the person or persons to whom such payment may be made and the manner in which such payment may be made;
(e)
provide, in respect of each class of members of the Scheme, for the amount of money payable by the Board under the Scheme where the prescribed premium has not been fully paid;
(ea)
[Deleted by Act 6 of 2016]
(f)
provide the circumstances for the refund of any premium or premium loading (and the whole or such part, as the Board may determine, of any interest that would have been payable on the amount of the premium or premium loading if that amount had been standing to a person’s credit in the person’s account in the Fund), and the manner and rate of such refunds;[Act 33 of 2024 wef 26/05/2025]
(g)
prescribe the evidence to be produced and the person, officer or authority to whom that evidence is to be produced for the purposes of this Part;
(h)
provide for the manner in which money in the Home Protection Fund may be invested;
(i)
provide for the premium payable by members of the Scheme in cases where the immovable property is purchased in joint names;
(j)
provide for such information, evidence and documents that the Board may require a member of the Scheme to furnish for the purposes of this Part; and
(k)
prescribe anything which the Minister may prescribe under this Part. [23/2012; 24/2013; 6/2016]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.