Applications for maintenance orders
3.—(1)  Any person domiciled and resident in Singapore who is of or above 60 years of age and who is unable to maintain himself adequately (referred to in this section as the parent) may apply to the Tribunal for an order that one or more of his children pay him a monthly allowance or any other periodical payment or a lump sum for his maintenance.
(2)  An approved person or organisation in whose care a parent resides may apply to the Tribunal for an order that one or more of his children pay the approved person or organisation a monthly allowance or any other periodical payment or a lump sum for the purpose of defraying the costs and expenses of maintaining the parent.
(2A)  Where any person wishes to make an application under this section, whether on his own behalf or on behalf of a parent, in respect of any claim for which no application had previously been made under this section, he shall, before making the application, refer the claim to the Commissioner for review under section 12(5).
[37/2010 wef 15/03/2011]
(3)  Where the parent ceases to be in the care of the approved person or organisation, any part of the monthly allowance, other periodical payment or lump sum remaining, after deducting the reasonable costs and expenses of maintaining the parent, shall be held in trust for the parent.
(4)  For the purposes of this section, a parent is unable to maintain himself if his total or expected income and other financial resources are inadequate to provide him with basic amenities and basic physical needs including (but not limited to) shelter, food, medical costs and clothing.
[37/2010 wef 15/03/2011]
(5)  Notwithstanding that a person is below the minimum age specified in subsection (1), this Act shall apply to that person if the Tribunal is satisfied that he is suffering from infirmity of mind or body which prevents him from maintaining or makes it difficult for him to maintain himself or that there is any other special reason.
(6)  The President or a deputy President of the Tribunal may dismiss any application made under this section, if he is of the opinion that the application is frivolous or vexatious, or if the applicant has failed to comply with subsection (2A), and give the reasons for the dismissal.
[37/2010 wef 15/03/2011]
(7)  An applicant who is aggrieved by any decision made under subsection (6) may, within 14 days of the decision, appeal in writing to the Tribunal.
[37/2010 wef 15/03/2011]
(8)  The President or deputy President, as the case may be, who made the decision under subsection (6) that is under appeal shall not participate in the proceedings or determination of the appeal.
[37/2010 wef 15/03/2011]