On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 01/06/2012.
Chapter 3 —
Miscellaneous23. Where a member who is eligible for an award under regulation 14 has, in the opinion of the Armed Forces Council, suffered total disability as a result of an injury received in the course of military operations or training, the member may be granted a special award of a sum to be determined by the Armed Forces Council, in addition to the award granted to him under that regulation.
Additional award in respect of total disability arising from exceptional circumstances or service beyond call of duty
24. Where a member who is eligible for an award under regulation 14 has, in the opinion of the Armed Forces Council, suffered total disability as a result of an injury received under exceptional circumstances or while rendering service beyond the call of duty, the member may be granted an additional award to be determined by the Armed Forces Council having regard to the principles on which a claim for damages would be determined in the civil courts, in addition to the award granted to him under regulation 14 and, where applicable, regulation 23.
25. Where a member suffers a disability which is determined by the Armed Forces Council to be total disability caused as a result of the aggravation by service of an adverse medical condition that existed in him before service, or that had arisen during but which was not attributable to service, and such total disability occurs within 7 years after the aggravation of such medical condition, the member may be granted compensation equal to —
(a)
50% of the lump sum calculated for the permanent total incapacity of an employee under the Third Schedule to the Work Injury Compensation Act (Cap. 354), as if he was an employee under that Act; and
(b)
50% of any award he would have been eligible for under regulation 23 or 24, had his total disability occurred as a result of an injury (not being a minor injury specified in the First Schedule) received in and which was attributable to service.
26. Any member who would have been eligible in the case of total disability for any award under regulation 14, 23 or 24 may, if he suffers partial disability, be awarded —
(a)
such a proportion of the compensation equivalent to the lump sum calculated for the permanent total incapacity of an employee under the Third Schedule to the Work Injury Compensation Act (Cap. 354), as if the member was an employee under that Act, as the degree of disablement bears to total disablement; and
(b)
such a proportion of any award he would have been eligible for under regulation 23 or 24 as the degree of disablement bears to total disablement.
27. Notwithstanding regulation 26, where a member suffers such partial disability which is determined by the Armed Forces Council to be partial disability caused by aggravation by service of an adverse medical condition that existed in him before service, or that had arisen during but which was not attributable to service, and such partial disability occurs within 7 years after the aggravation of such medical condition, the member shall be eligible for an award equal to 50% of the award he would have been eligible for under regulation 26 had his partial disability occurred as a result of an injury received in and which is attributable to service.
28.
—(1) For the purposes of calculating under this Part or Part IV any sum equivalent to the lump sum applicable under the Third Schedule to the Work Injury Compensation Act (Cap. 354), as if a member was an employee under that Act —
(a)
“earnings” means any salary paid and includes —
(i)
any overtime payment or other special remuneration for work done, whether by way of bonus, allowance or otherwise, if of constant character or for work habitually performed; and
(ii)
any reimbursement or pay to which the member is entitled or which is payable to him by his employer under section 24 of the Enlistment Act (Cap. 93),
but excludes the sums specified in paragraph (2);
(b)
the earnings of a member shall be computed in such a manner as is best calculated to give his true monthly earnings at the date of the injury, subject to sub-paragraphs (c), (d) and (e);
(c)
where the member has been exclusively employed during a continuous period of 12 months or any shorter period immediately preceding the injury, his monthly earnings shall be deemed to be the average amount of his earnings during those 12 months or that shorter period, as the case may be;
(d)
where the member has been exclusively employed for any period which is less than a month, his monthly earnings shall be deemed to be the earnings he would have received for that month for the work in which he was employed if the injury had not happened; and
(e)
where the earnings of a member determined in accordance with sub-paragraphs (a) and (b) are less than —
(i)
$120 a month, in the case of a member who is 18 years of age or above;
(ii)
$105 a month, in the case of a member who is below the age of 18 years but is 16 years of age or above; or
(iii)
$90 a month, in the case of a member below the age of 16 years,
then in any such case, the monthly earnings of a member who is 18 years of age or above shall be deemed to be $120, the monthly earnings of a member below the age of 18 years but who is 16 years of age or above shall be deemed to be $105, and the monthly earnings of a member below the age of 16 years shall be deemed to be $90.
(2) The following sums shall not be regarded as “earnings” for the purposes of calculating under this Part or Part IV any sum equivalent to the lump sum applicable under the Third Schedule to the Work Injury Compensation Act (Cap. 354), as if a member was an employee under that Act:
(a)
any benefit in kind given to a member by the Singapore Armed Forces;
(b)
any travelling allowance;
(c)
the value of any travelling concession;
(d)
any contribution paid by the Singapore Armed Forces towards any pension or provident fund; and
(e)
any sum paid to the member to cover any special expenses incurred by him by reason of the nature of his employment.
29.
—(1) Where it is certified that a member should in his own interest receive medical, surgical or rehabilitative treatment for a disablement in respect of which an award may be or has been awarded to him under this Part, and such member refuses or neglects to receive the treatment, the Armed Forces Council may, if it considers that such refusal or neglect is unreasonable, reduce any award in respect of the member’s disablement by such an amount not exceeding one-half of any such award, as it may think fit.
(2) For the purposes of this regulation, any misconduct on the part of the member which, in the opinion of the Armed Forces Council, renders it necessary for any treatment that he is receiving to be discontinued, may be treated as a refusal of the member to receive the treatment.
30.
—(1) Where an Awards Officer makes a final assessment of the degree or nature of the disablement of a member, or a final decision that there is no disablement or that the disablement has come to an end, any award under this Part made on the basis of that final assessment or final decision shall not be reviewed unless —
(a)
in the case of a final assessment, there is a substantial increase in the degree of disablement which is attributable to service;
(b)
in the case of a final decision, there is a substantial degree of disablement which is attributable to service;
(c)
the rate of the award or other grant has been fixed in error at a figure which is not appropriate under these Regulations to the assessment of the degree or nature of the disablement;
(d)
the award of the pension or other grant has been made in error; or
(e)
the Awards Officer has reason to believe that the award has been obtained by improper means.
(2) Any award under these Regulations (other than an award made on the basis of a final assessment referred to in paragraph (1)) may, subject to any decision given by the Compensation Board under regulation 5, be reviewed at any time on any of the grounds specified in paragraph (1) or on any other ground which, in the opinion of an Awards Officer, having regard to these Regulations, necessitates its review.
(3) On any review under this regulation, an Awards Officer may —
(a)
continue or vary the award;
(b)
make a fresh award in place of it;
(c)
cancel the award; or
(d)
in the case of a final decision referred to in paragraph (1), make such award as may be appropriate having regard to these Regulations.
31.
—(1) Where the injuries of a member that were received in and which were attributable to service have been caused by or contributed to by any gross negligence or misconduct of the member, the Armed Forces Council may withhold, cancel or reduce any award or compensation which may be or has been made under this Part or Part IV.
(2) The Armed Forces Council may withhold or reduce an award or compensation which may be or has been made under this Part in respect of the disablement of a member —
(a)
if the service of the member is terminated voluntarily; or
(b)
where the disablement is partly or wholly attributable to the default or negligence of the member, or is due to reasons within his control.