TRIBUNAL FOR MAINTENANCE OF PARENTS

TRIBUNAL FOR MAINTENANCE OF PARENTS

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(Effectiveness of enforcement): **

36.

Mr Zainudin Nordin asked the Minister for Community Development, Youth and Sports (a) what plans does the Ministry intend to put in place to reinforce the Tribunal for Maintenance of Parents, so as to ensure that children who can afford to financially support their parents carry out this responsibility; (b) how effective is the Tribunal in carrying out its role and functions; and (c) who is responsible for the enforcement of maintenance orders issued by the Tribunal.

Dr Vivian Balakrishnan: The Maintenance of Parents Act provides the legal means for elderly parents needing financial support to claim maintenance from their children. The Act reminds us of the moral obligation and reciprocity of care that should exist within the family. It also serves as a deterrent to the minority of people who wilfully refuse to support their elderly parents.

Since 1996, 1,411 applications for maintenance have been filed at the Tribunal for Maintenance of Parents (TMP), of which 1,047 maintenance orders[1] have been made. The remaining applications were dismissed or withdrawn[2]. Some of the reasons for dismissing applications include: parents not having discharged their duties, children being unable to pay any maintenance despite their best effort, and parents already being adequately maintained.

In keeping with the principles of the Act, effort is made to help families resolve the issue amicably and privately, so as to preserve family relations as far as possible. In 2002, a Pre-filing Alternate Dispute Resolution service was introduced to render alternative assistance such as mediation and counselling. A quarter[3] of the cases will still proceed to file applications for maintenance.

The aim and the principles behind this Act and the Tribunal remain sound. But as our population ages, its processes need to be updated so that it remains an effective deterrent to unfilial children and that the elderly receive help in a timely and efficient manner. We will review the processes to ensure that the elderly are served in the following ways.

First, we will work closely with our community partners, the Community Development Councils and Advisors, to ensure that any elderly parent in need will be offered advice on the provisions of the Act, and the avenues available to him. As far as possible, each case should be amicably resolved through family mediation or conciliation without unnecessarily dragging out the process. We will also establish systematic referral protocols between our community partners and the Commissioner and the Tribunal to ensure that no one falls through the cracks.

Second, the Commissioner for the Maintenance of Parents plays an advocate role for elderly parents who are without support and are unable to represent themselves. The Commissioner works closely with the community agencies to identify such cases and will file the applications at the Tribunal on their behalf. Some elderly may not be aware of the Act and do not know who to approach for assistance. We will need to raise public awareness of the Tribunal process and the Commissioner’s role in protecting the vulnerable elderly.

Third, where conciliation and mediation fail, the judicial process under the Tribunal should be accessible and impartial. Justice should be served efficiently so as to remain an effective deterrent.

Once the maintenance orders are issued, they are enforced in the Family Court, in the same manner that orders for wives and children are enforced under the Women’s Charter. Tribunal officers conduct post-hearing briefings on the options available to elderly parents should their children fail to abide by the order.

[1] Orders of Tribunal are made whether the outcome was achieved through mediation or Tribunal hearing. It typically takes between two to three months from filing to the issuance of an Order of Tribunal.

[2] Cases which need further assistance would be referred to various social agencies for follow up.

[3] From January 2002 to June 2008.