s 5 Maintenance orders
5.—(1) The Tribunal may make a maintenance order against a respondent in respect of the respondent’s parent if it considers that it is just and equitable that the respondent should maintain the parent and that —(a) the respondent is able to provide maintenance to the parent after the respondent’s own requirements and those of his or her spouse and his or her children have been supplied; and (b) the parent is unable, in spite of efforts on his or her part, to maintain himself or herself through work or from his or her property or from any other source.[Act 22 of 2023 wef 01/07/2024] (2) When ordering maintenance, the Tribunal must have regard to all the circumstances of the case including (but not limited to) the following matters:(a) the financial needs of the parent, taking into account reasonable expenses for housing and medical costs;[Act 22 of 2023 wef 01/07/2024] (b) the income, earning capacity, property and other financial resources of the parent, and the manner in which the parent has spent his or her savings or dissipated his or her financial resources;[Act 22 of 2023 wef 01/07/2024] (c) any physical or mental disability of the parent;[Act 22 of 2023 wef 01/07/2024] (d) the income, earning capacity, property and other financial resources of the respondent; (e) the expenses incurred by the respondent in supporting his or her spouse or children; (f) the contributions and provisions, whether financial or otherwise, which the respondent has made for the maintenance of the parent.[Act 22 of 2023 wef 01/07/2024] [Act 22 of 2023 wef 01/07/2024] (3) Without prejudice to the Tribunal’s powers under the Act, the president or a deputy president of the Tribunal may, with the consent of the applicant and the respondent, make a maintenance order reflecting the terms of any agreement reached between the parties in respect of a claim, and the order is deemed to be a maintenance order made by the Tribunal under this Act and enforceable in accordance with its terms.[37/2010] (4) If the Tribunal is satisfied upon due proof that the parent abandoned, abused or neglected the respondent, it may dismiss the application or may reduce the quantum of maintenance ordered by an amount determined by the Tribunal to be just.[Act 22 of 2023 wef 01/07/2024] (5) The onus of proving abandonment, abuse or neglect is on the respondent alleging it. (6) Where there is more than one respondent, the Tribunal may apportion the maintenance among the various respondents in a manner determined by the Tribunal to be just. (7) The Tribunal must, before hearing an application under this section, refer the differences between the parties to a mediator for mediation between the parties.[Act 22 of 2023 wef 01/07/2024]