PART 5 | COMPENSATION, COSTS AND FEES |
| Reimbursement or refund of compensation or payment under section 16(5)(a), 17(5)(a), 34M(5)(a) or 34N(6)(a) of Act |
14. An application mentioned in section 16(6)(a), 17(6)(a), 34M(6)(a) or 34N(7)(a) of the Act for the reimbursement or refund of any compensation or payment must be made within 28 days after the date of whichever of the following events has given rise to the application:| (a) | the withdrawal of the claim for the compensation; | | (b) | an order of refusal of the compensation has been made or taken effect; | | (c) | the payment is made on the basis of an error or false or misleading information. [S 1017/2024 wef 01/01/2025] |
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| Order for withholding of periodical payments pending decision |
15.—(1) Where —| (a) | an employer or employer’s insurer applies for a review under section 17(2) of the Act seeking the reduction or discontinuance of periodical payments for temporary incapacity; and | | (b) | it appears to the Commissioner that there is reasonable ground for believing that the employer or employer’s insurer has a right to the reduction or discontinuance, |
| the Commissioner may issue an order withholding the periodical payments for temporary incapacity in whole or in part pending his or her decision on the application for review. |
[S 1017/2024 wef 01/01/2025] (2) Where —| (a) | a platform operator or platform operator’s insurer applies for a review under section 34N(3) of the Act seeking the reduction or discontinuance of periodical payments for temporary incapacity; and | | (b) | it appears to the Commissioner that there is reasonable ground for believing that the platform operator or platform operator’s insurer has a right to the reduction or discontinuance, |
| the Commissioner may issue an order withholding the periodical payments for temporary incapacity in whole or in part pending his or her decision on the application for review. |
[S 1017/2024 wef 01/01/2025] |
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| Commissioner’s consent to commutation |
| 16. The Commissioner may consent to a lump sum agreed under section 17(4)(a) or 34N(5)(a) of the Act only if the Commissioner considers the amount to be a reasonable estimate of the periodical payments for temporary incapacity which would otherwise have been payable to the employee during the probable duration of the employee’s incapacity. [S 1017/2024 wef 01/01/2025] |
| Time for payment by employer under section 19(1) of Act |
17.—(1) Subject to paragraphs (2) and (3), the employer must pay the compensation to the employee under section 19(1)(a) of the Act within 21 days after the following dates, as the case may be:| (a) | where a notice of computation in respect of the compensation is issued and has the effect of an order of compensation under section 44(5)(a) of the Act — the date of service of the notice of computation; | | (b) | where a notice of assessment in respect of the compensation is issued and has the effect of an order of compensation under section 48(3)(a) of the Act — the date of service of the notice of assessment; | | (c) | where an order in respect of the compensation is made under section 51(2)(a) of the Act before any notice of computation or notice of assessment mentioned in sub‑paragraph (a) or (b) is issued and no application to set aside the order is made within 21 days after the date on which that order is made — the date on which that order is made; | | (d) | where all notices of objection to a notice of computation or a notice of assessment in respect of the compensation are withdrawn within 28 days after the service of that notice of computation or notice of assessment (as the case may be) — the earlier of the following dates:| (i) | the date on which the notice of computation or notice of assessment has the effect of an order of compensation under section 44(5)(b) or 48(3)(b) of the Act, as the case may be; | | (ii) | if, upon the withdrawal of all those notices of objection, the Commissioner makes an order under section 54(1)(c) of the Act in respect of that compensation — the date on which that order is made; |
| | (e) | where sub‑paragraph (d) does not apply and the Commissioner makes an order under section 54(1)(c) of the Act in respect of the compensation — the date on which that order is made. [S 1017/2024 wef 01/01/2025] |
(2) An employer must pay the amount of compensation payable by the employer under section 16 of the Act, in respect of any medical treatment received by the employer’s employee for a work injury, within 14 days after the employer receives the following documents issued by the health professional or approved medical institution that provided the medical treatment:| (a) | an invoice for that medical treatment; | | (b) | where necessary, certification that the medical treatment was provided in relation to the work injury. |
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| (3) Compensation payable by an employer to the employee in respect of the employer’s liability under section 17 of the Act must be paid within the time required under section 17(1)(b) of the Act, whether or not the claim for the compensation has been processed by the Commissioner or the employer’s insurer under the Act. |
| (4) Where the Commissioner directs an employer to pay any compensation to a relative of an employee under section 20 of the Act, the amount payable by the employer under section 19(1)(b) of the Act in respect of that direction must be paid within 21 days after that direction is made. |
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| Time for payment by employer’s insurer under section 18(2) of Act |
18.—(1) Subject to paragraphs (2) and (3), where the Commissioner directs an employer’s insurer under section 18(1) of the Act to pay an amount in respect of compensation, that amount must be paid under section 18(2) of the Act within whichever of the following times ends later:| (a) | 7 days after the date on which that direction is made; | | (b) | the time for payment of that compensation under regulation 17(1). |
(2) Where the Commissioner directs an employer’s insurer under section 18(1) of the Act to pay any amount in respect of an employer’s liability for compensation under section 16 of the Act, the amount must be paid within whichever of the following times ends later:| (a) | 14 days after the direction is made; | | (b) | the time for payment of that compensation under regulation 17(2). |
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(3) Where the Commissioner directs an employer’s insurer under section 18(1) of the Act to pay any amount in respect of an employer’s liability for compensation under section 17 of the Act, the amount must be paid within whichever of the following times ends later:| (a) | 14 days after the direction is made; | | (b) | the time for payment of that compensation under regulation 17(3). |
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| (4) Where an employer’s insurer is required under section 47 of the Act to pay an amount stated in a notice of computation that, under section 44(5) of the Act, has the effect of an order of compensation, that amount must be paid under section 18(2) of the Act within the time for payment of that compensation under regulation 17(1)(a) or (d)(ii). |
| (5) Despite paragraphs (1), (2), (3) and (4), where the Commissioner directs an employer’s insurer to pay any compensation to a relative of an employee under section 20 of the Act, the amount payable by the employer’s insurer under section 18(2)(e) of the Act in respect of that direction must be paid within 21 days after that direction is made. |
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| Time for payment by platform operator under section 19(1) (read with section 34B) of Act |
18A.—(1) Subject to paragraphs (2) and (3), the platform operator must pay the compensation to the platform worker under section 19(1)(a) (read with section 34B) of the Act within 21 days after the following dates, as the case may be:| (a) | where a notice of computation in respect of the compensation is issued and has the effect of an order of compensation under section 47B(5) of the Act — the date of service of the notice of computation; | | (b) | where a notice of assessment in respect of the compensation is issued and has the effect of an order of compensation under section 48(3)(a) (read with section 35B) of the Act — the date of service of the notice of assessment; | | (c) | where an order in respect of the compensation is made under section 51(2)(a) (read with section 35B) of the Act before any notice of computation or notice of assessment mentioned in sub-paragraph (a) or (b) is issued and no application to set aside the order is made within 21 days after the date on which that order is made — the date on which that order is made; | | (d) | where all notices of objection to a notice of computation or a notice of assessment in respect of the compensation are withdrawn within 28 days after the service of that notice of computation or notice of assessment (as the case may be) — the earlier of the following dates:| (i) | the date on which the notice of computation or notice of assessment has the effect of an order of compensation under section 47B(5)(b) or section 48(3)(b) (read with section 35B) of the Act, as the case may be; | | (ii) | if, upon the withdrawal of all those notices of objection, the Commissioner makes an order under section 54(1)(c) (read with section 35B) of the Act in respect of that compensation — the date on which that order is made; |
| | (e) | where sub-paragraph (d) does not apply and the Commissioner makes an order under section 54(1)(c) (read with section 35B) of the Act in respect of the compensation — the date on which that order is made. |
(2) A platform operator must pay the amount of compensation payable by the platform operator under section 34M of the Act, in respect of any medical treatment received by the platform operator’s platform worker for a work injury, within 14 days after the platform operator receives the following documents issued by the health professional or approved medical institution that provided the medical treatment:| (a) | an invoice for that medical treatment; | | (b) | where necessary, certification that the medical treatment was provided in relation to the work injury. |
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| (3) Compensation payable by a platform operator to the platform worker in respect of the platform operator’s liability under section 34N of the Act must be paid within the time required under section 34N(2) of the Act, whether or not the claim for the compensation has been processed by the Commissioner or the platform operator’s insurer under the Act. |
| (4) Where the Commissioner directs a platform operator to pay any compensation to a relative of a platform worker under section 20 (read with section 34B) of the Act, the amount payable by the platform operator under section 19(1)(b) (read with section 34B) of the Act in respect of that direction must be paid within 21 days after that direction is made. [S 1017/2024 wef 01/01/2025] |
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| Time for payment by platform operator’s insurer under section 18(2) (read with section 34B) of Act |
18B.—(1) Subject to paragraphs (2) and (3), where the Commissioner directs a platform operator’s insurer under section 18(1) (read with section 34B) of the Act to pay an amount in respect of compensation, that amount must be paid under section 18(2) (read with section 34B) of the Act within whichever of the following times ends later:| (a) | 7 days after the date on which that direction is made; | | (b) | the time for payment of that compensation under regulation 18A(1). |
(2) Where the Commissioner directs a platform operator’s insurer under section 18(1) (read with section 34B) of the Act to pay any amount in respect of a platform operator’s liability for compensation under section 34M of the Act, the amount must be paid within whichever of the following times ends later:| (a) | 14 days after the direction is made; | | (b) | the time for payment of that compensation under regulation 18A(2). |
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(3) Where the Commissioner directs a platform operator’s insurer under section 18(1) (read with section 34B) of the Act to pay any amount in respect of a platform operator’s liability for compensation under section 34N of the Act, the amount must be paid within whichever of the following times ends later:| (a) | 14 days after the direction is made; | | (b) | the time for payment of that compensation under regulation 18A(3). |
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| (4) Where a platform operator’s insurer is required under section 47F of the Act to pay an amount stated in a notice of computation that, under section 47B(5) of the Act, has the effect of an order of compensation, that amount must be paid under section 18(2) (read with section 34B) of the Act within the time for payment of that compensation under regulation 18A(1)(a) or (d)(ii). |
| (5) Despite paragraphs (1), (2), (3) and (4), where the Commissioner directs a platform operator’s insurer to pay any compensation to a relative of a platform worker under section 20 (read with section 34B) of the Act, the amount payable by the platform operator’s insurer under section 18(2)(e) (read with section 34B) of the Act in respect of that direction must be paid within 21 days after that direction is made. [S 1017/2024 wef 01/01/2025] |
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| 19.—(1) The maximum amount of funeral expenses of an employee that the Commissioner may pay under section 21(2)(b)(i) of the Act is $400. [S 1017/2024 wef 01/01/2025] | (2) The maximum amount of funeral expenses of a platform worker that the Commissioner may pay under section 21(2)(b)(i) (read with section 34B) of the Act is $400. [S 1017/2024 wef 01/01/2025] |
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| Time for reimbursement under section 47C(6) of Act |
| 19A. For the purposes of section 47C(6) of the Act, the prescribed period is 21 days. [S 1017/2024 wef 01/01/2025] |
| Prescribed period — section 47G(3)(a) of Act |
| 19B. For the purposes of section 47G(3)(a) of the Act, the prescribed period is 21 days. [S 1017/2024 wef 01/01/2025] |
| Time for application to set aside settlement order |
20. An application to set aside a settlement order under section 51(3) of the Act must be made before the earlier of the following:| (a) | the receipt of the whole or any part of the amount of compensation payable in accordance with the settlement order by the claimant; | | (b) | the 22nd day after the settlement order is made under section 51(2) of the Act. |
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21. The interest rate for the purposes of section 59(1) of the Act is —| (a) | 1% per month above the rate for a judgment debt — for the first 6 months; and | | (b) | 2.6% per month above the rate for a judgment debt — after the first 6 months. |
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| Lodgment with Public Trustee |
| 22. Subject to section 58(4)(b) of the Act, money deposited with the Commissioner under the Act may be lodged with the Public Trustee to be held in trust for the person beneficially entitled to the money. |
23.—(1) The fees payable to the Commissioner for the matters specified in the first column of the Second Schedule are as specified opposite in the second column.(2) No fee is payable for any medical report that is attached to —| (a) | a notice of assessment issued by the Commissioner under section 48(1) of the Act; | | (b) | a notice of assessment of additional compensation issued by the Commissioner under section 48(5) of the Act; [S 1017/2024 wef 01/01/2025] | | (c) | a notice of computation issued by an employer’s insurer under section 44(3) of the Act; or [S 1017/2024 wef 01/01/2025] | | (d) | a notice of computation issued by a platform operator’s insurer under section 47B(3) or 47C(1)(a) of the Act. [S 1017/2024 wef 01/01/2025] |
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(3) Where a medical examination and medical report is required under section 57(2) of the Act in the determination of the amount of compensation payable under the Act in relation to one or more notices of objection in a claim, the fee for that medical examination and medical report must be paid as follows:| (a) | by the person who submits the first such notice of objection; | | (b) | within 7 days after being directed by the Commissioner to pay the fee. |
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| 24. If the Commissioner is satisfied that any party to a pre‑hearing conference or hearing is unable, by reason of poverty, to pay the costs or prescribed fees, the Commissioner may waive all or any of the costs or fees. |
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