s 3B Record or purported record of abandonment, abuse or neglect of child — permission required for application under section 3
3B.—(1) Any person who intends to make an application under section 3 for the maintenance of a parent by a child of the parent (called in this section the intended application) must first obtain permission under this section to make the intended application if —(a) the declaration made under section 3A in respect of the parent states that the parent has a record or purported record of abandonment, abuse or neglect of the child; (b) the Commissioner notifies the person (or where the Commissioner is the person, the Commissioner ascertains) that the parent has a record or purported record of abandonment, abuse or neglect of the child; or (c) a conciliation officer discontinues under section 12A(2) any conciliation in respect of the child’s maintenance of the parent. (2) The application for permission must be made to the Tribunal and must be dealt with and disposed of under this section without informing or involving the child, except where —(a) the child was involved in any conciliation (for the maintenance of the parent) that is discontinued under section 12A(2); and (b) the child informs the conciliation officer or the Commissioner that the child wishes, or is willing, to participate in the proceedings on the application for permission. (3) After the application for permission is made to the Tribunal, the president or a deputy president of the Tribunal may —(a) grant permission for the intended application to be made; or (b) refer the application to the Tribunal for decision. (4) If the application is referred to the Tribunal under subsection (3)(b), the Tribunal may grant permission for the intended application to be made or refuse such permission. (5) The members of the Tribunal required to form a quorum under section 13(5) (for the hearing and determination of the application for permission) may include the president or deputy president of the Tribunal who referred the application to the Tribunal under subsection (3)(b). (6) Subject to subsection (2), section 14 applies to the Tribunal’s hearing and determination of the application for permission. (7) Permission may be granted under this section for the intended application to be made if there is a good arguable case that —(a) the parent did not abandon, abuse or neglect the child; or (b) the child should maintain the parent on just and equitable grounds.[Act 22 of 2023 wef 01/07/2024]