s 3 Applications for maintenance orders
3.—(1) Subject to section 3B(1), any person domiciled and resident in Singapore who is of or above 60 years of age and who is unable to maintain himself or herself adequately (called in this section the parent) may apply to the Tribunal for an order that one or more of the person’s children pay him or her a monthly allowance or any other periodical payment or a lump sum for his or her maintenance.[Act 22 of 2023 wef 01/07/2024] (2) Subject to section 3B(1), an approved person or organisation in whose care a parent resides may apply to the Tribunal for an order that one or more of the parent’s 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.[Act 22 of 2023 wef 01/07/2024] (3) Any person (except the Commissioner) who wishes to make an application under this section, whether on the person’s own behalf or on behalf of a parent, in respect of any claim for which no application had previously been made under this section must, before making the application, refer the claim to the Commissioner for the purposes of section 12(5).[37/2010] [Act 22 of 2023 wef 01/07/2024] (4) 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, must be held in trust for the parent. (5) For the purposes of this section, a parent is unable to maintain himself or herself if the parent’s total or expected income and other financial resources are inadequate to provide the parent with basic amenities and basic physical needs including (but not limited to) shelter, food, medical costs and clothing.[37/2010] (6) Even though a person is below the minimum age specified in subsection (1), this Act applies to that person if the Tribunal is satisfied that the person is suffering from infirmity of mind or body which prevents the person from maintaining or makes it difficult for the person to maintain himself or herself or that there is any other special reason. (7) The president or a deputy president of the Tribunal may dismiss any application made under this section, if he or she is of the opinion that the application is frivolous or vexatious, or if the applicant has failed to comply with subsection (3) or section 3A or 3B, and give the reasons for the dismissal.[37/2010] [Act 22 of 2023 wef 01/07/2024] (8) An applicant who is aggrieved by any decision made under subsection (7) may, within 14 days of the decision, appeal in writing to the Tribunal.[37/2010] (9) The president or deputy president (as the case may be) who made the decision under subsection (7) that is under appeal must not participate in the proceedings or determination of the appeal.[37/2010] (10) The president or a deputy president of the Tribunal may dismiss an application under subsection (7), and the Tribunal may determine an appeal made under subsection (8), without informing or involving the respondent.[Act 22 of 2023 wef 01/07/2024]