PROPOSED AMENDMENTS TO THE MAINTENANCE OF PARENTS ACT
The Workgroup on The Maintenance of Parents (Amendment) Bill led by Mr Seah Kian Peng, MP Marine Parade GRC, has completed its review and made recommendations on amendments to the Maintenance of Parents Act (MPA). The amendments will be tabled in Parliament as a Private Member’s Bill.
In reviewing the MPA, the Workgroup sought to ensure that (i) sufficient space and emphasis is given to the conciliation process; (ii) the process for claiming maintenance should be simple and straightforward; (iii) that maintenance payments are timely received by the parent; (iv) that cases of default payment should be prevented or reduced; (v) the administrative process for initiating an action for enforcement of maintenance orders should be expeditious and efficient, should the need arise; and (vi) parties to a claim are given fair treatment. Mr Seah explained, “The Workgroup believes that maximizing space for conciliation can build more resilient families where differences are resolved amicably, with the legal avenue remaining as a last resort. In this regard, the Commissioner for the Maintenance of Parents (‘the Commissioner’ or CMP) has the important role of guiding families towards resolution through conciliation and helping them explore non-legal options. Secondly, the processes of claiming and enforcing maintenance will be tightened so that it becomes less daunting for needy elderly parents to come forth. Where necessary, the Commissioner may also assist to pursue cases on the applicants’ behalf where there are valid grounds to substantiate a claim, and where parents do not express objection to the Commissioner doing so.”
Mr Seah reiterated that on the whole, the review will strengthen the Act to better serve its original intention, which is to deter unfilial adult children from neglecting their duty to care for their parents. The review is not an attempt to legislate filial piety nor is it to reduce the burden of care on the state. Ms Ellen Lee Geck Hoon (Sembawang GRC) added, “An important principle behind the Act is the reciprocity of care, which prevents parents who may abuse the Act to claim maintenance from their children despite never having contributed to their upbringing. The Tribunal for the Maintenance of Parents (“the Tribunal” or TMP) considers relevant circumstances of both parents and children to ensure that parties to a claim are given fair treatment. The Act is not a means for parents to cater to expenses beyond their basic needs.”
As part of the review, the Workgroup held an extensive public consultation exercise in May and June to gather views of the public on what aspects they would like to see amended in the Act. It held six focus groups comprising members of the public and key stakeholders. Feedback was also received through the Workgroup’s website www.mpa.sg and a discussion thread on REACH at www.reach.gov.sg. Participants were supportive of the review and appreciated the opportunity to share their views. The inputs from the focus groups are taken into account and factored into the proposed amendments.
As a closure to the consultation exercise, the Workgroup will be posting the draft Amendment Bill on the REACH platform at www.reach.gov.sg (Public Consultation on the Draft Maintenance of Parents (Amendment) Bill) and on its website www.mpa.sg. Members of the public may view and comment on the draft Bill via the above channels from 4 to 10 October 2010.
The proposed amendments to the MPA are categorised as follows, with selected amendments in the respective categories. Details to the amendments can be found in Annex 1.
Mr Seah and Ms Lee shared case studies to illustrate how conciliation has contributed to the betterment of family ties, thereby justifying the need for amendments to expand the room for settlement through conciliation. Case summaries are included in Annex 2.
In reviewing the MPA, the Workgroup sought to ensure that (i) sufficient space and emphasis is given to the conciliation process; (ii) the process for claiming maintenance should be simple and straightforward; (iii) that maintenance payments are timely received by the parent; (iv) that cases of default payment should be prevented or reduced; (v) the administrative process for initiating an action for enforcement of maintenance orders should be expeditious and efficient, should the need arise; and (vi) parties to a claim are given fair treatment. These amendments seek to achieve these objectives. The proposed amendments to the MPA are categorised into:-
I. Measures to Assist Applicants at Pre-filing and Filing of Maintenance Applications
II. Measures to Encourage and Enhance Effectiveness of Conciliation
III. Measures to Improve Payment and Enforcement of Maintenance Orders
IV. Measures to Streamline Processes
V. Non-legislative Recommendations
a. Enhancing Commissioner’s role to assist applicants
Today, the application process begins when parents approach the Tribunal to file their claims, which many elderly find is too drastic a step. Enhancing the Commissioner’s role to deal with the parties at an earlier stage will help to facilitate a settlement between parents and their children without having to make a claim at the Tribunal.
The amendment proposes that parents who approach the Tribunal for the first time will have their case referred to the Commissioner, who will explore non-legal options with parties through conciliation. For cases that reach an agreement facilitated by the Commissioner, the Commissioner will contract an agreement in writing, with the consent of the parent and children. Such a contract will be endorsed by either the Tribunal President or Deputy, and have the same force and effect as if it is a maintenance order made by the Tribunal.
a. Empowering the Tribunal and the Commissioner to access data from Government agencies
The conciliation process is an important step for parties to reach a settlement. To facilitate its conciliation efforts, the Commissioner should be empowered to investigate the merits of the case. In this respect, the personal data and financial status of the parent and children are important information that the Commissioner requires.
The proposed amendment will enable the Commissioner and the Tribunal to obtain any information, record, document or article from such Government agency or statutory body as the Commissioner considers necessary. The information should be used for the purposes specified below:
(a) identifying and locating the children of the parent;
(b) assessing the veracity of or supplementing the information provided by the parent, applicant, respondent and children of the parent; and
(c) assessing the ability of the parent to maintain himself and each of the children of the parent to maintain him, including but not limited to their respective incomes, earning capacity, property and other financial resources, expenses and liabilities.
The list of agencies from which the Commissioner may request information will be approved by the Minister in charge. There will be safeguards on the confidentiality and use of the information.
b. Commissioner empowered to refer and require parties to attend conciliation sessions at pre-filing:
Today, a party may not attend the conciliation session referred by the Commissioner at pre-filing stage, as these sessions are voluntary.
Conciliation is an important step as it allows the parent and his children to attempt to resolve their issues and possibly reach an amicable settlement without resorting to legal action. For this reason, it is proposed that the Commissioner be empowered to refer and to require any party to a claim to attend the conciliation sessions at pre-filing stage. Failure by that party to appear may be taken into consideration by the Tribunal, when the maintenance application is heard.
a. Preliminary dismissal of frivolous or vexatious claims
The Act does not restrict the number of times that the same person can make a maintenance or variation application. There are cases of abuse where an applicant makes multiple applications even though the previous application was dismissed or where there is no substantial change to the parties’ circumstances.
To address such abuse, it is proposed that the President of the Tribunal or a Deputy President be empowered to independently dismiss any frivolous or vexatious application, with valid reasons. As an avenue for recourse, the aggrieved party who deems his or her case as having been unfairly dismissed may appeal to the full Tribunal against a decision of the President or Deputy President.
Measures have also been proposed to streamline the processes under the Act. These are summarised below:
a. Quorum of Tribunal
Currently, the President of the Tribunal must be one of three members to form a quorum for a Tribunal hearing. The proposed amendment provides that up to four Deputy Presidents be appointed and that Tribunal hearings can be presided over either by the President or Deputy President.
b. Processing fee for case records
The proposed amendment to the Rules removes the fee of $10 that a party has to pay for a copy of the record proceedings.
c. Medical costs as a category for consideration for “basic needs”
Medical cost is a common expense incurred by parents. For clarity, medical cost is proposed to be included as a category for consideration when deciding whether or not maintenance should be awarded and the quantum of maintenance.
d. Removal of prescribed forms
The proposal is for all the prescribed forms to be removed from the Maintenance of Parents Rules. The TMP secretariat will streamline the forms and regularly review and update them administratively.
These are some recommendations that do not require legislative amendments but are being pursued to enhance the effectiveness of the Act.
a. Case monitoring
It is important that needy parents actually receive the payments after a settlement has been reached or an order made. The Workgroup therefore proposes that an effective administrative system for monitoring of the cases be introduced. Such a system should help ensure that payments are made on time and if not, that prompt and adequate assistance is given to the parent to enforce the payments. It is suggested that the offices of the Commissioner and the Tribunal can work together to put in place such a system. The offices will be adequately resourced for the system to be effective.
b. Public Education
The review of the Act has raised public awareness on the original intent of the Act. The values expounded in the Act should continue to be inculcated through public education. Teaching of filial piety should begin at home. It is something which children learn by example. Education in schools can also complement this, with school education playing a role in inculcating these values to our young. It is proposed that schools should continue to emphasize these values in their curriculum.
Real case studies (provided by the Commissioner for the Maintenance of Parents)
Case 1 – Case resolved through conciliation
Background:
The Applicant, aged 88, approached her MP in January 2010 for assistance to claim maintenance from her son, Respondent A. However, the Applicant could not furnish her son’s actual registered name or contact details.
At the point of referral, the Applicant was being maintained under an existing order by TMP. This order of $200 was made against her three other children who pay a range of $50 to $100 per month. The Applicant also received a $50 voucher from the community centre monthly.
CMP’s intervention:
CMP examined TMP’s orders and contacted one of the Applicant’s sons for possible leads to Respondent A’s whereabouts. It was however without success as both brothers have not kept in touch. After persuading the Applicant to attempt to provide information on Respondent A, she eventually managed to produce an old birth extract document showing his registered name and age. CMP was then able to trace Respondent A.
Respondent A and his wife eventually turned up for a conciliation session in March 2010.
CMP sought to explain to the couple the Applicant’s plight and the role of CMP’s office. Initially, Respondent A was unwilling to contribute as he harboured emotional baggage from the Applicant’s alleged abandonment of the family. Respondent A had not met his mother for the past 40 years.
Although Respondent A turned down the Applicant’s request for a face to face discussion, CMP’s persuasion helped him to resolve to some extent the angst that he has harboured for many years. Respondent A’s wife also played a part in encouraging him to contribute to his mother’s maintenance because he had to discharge his basic duty as a son, and to also chip in alongside his other siblings. As a result of conciliation efforts, Respondent A eventually agreed to contribute a sum of $100 per month to the Applicant.
Outcome:
CMP was encouraged by Respondent A’s offer given that he did not earn much as a taxi driver. Respondent A’s wife was retired and needed his financial support too.
Eventually, the Applicant secured a total maintenance contribution of $300 from all her children. Her youngest daughter also visits her regularly to help with cleaning her flat. Most importantly, the Applicant and Respondent A managed to arrive at a resolution through amicable and non-legal means.
Case 2 – Case resolved through conciliation
Background:
Applicant, an elderly woman aged 72, had approached her CDC for financial assistance in August 2010 when she was unemployed and had no savings to maintain herself. She was then advised by the CDC to locate her four children whom she had lost contact with for the past 30 years so that she could claim maintenance from them through the Tribunal.
Before approaching the CDC, the Applicant worked as a part-time stall helper, earning about $350 per month. She was temporarily rendered unfit for work when she had a fall 3 months before and underwent an operation. She was assisted by the CDC with a cash allowance of $360 per month for a period of 3 months.
CMP’s intervention:
CMP was able to trace the Applicant’s four children’s registered addresses based on their NRIC numbers provided by the CDC. Letters were sent to all four children to attend conciliation at CMP. However, only two of them turned up for the session together with their paternal aunt, who raised them. The children alleged that the Applicant was a drinker and gambler who did not take care of them, and who abandoned them when they were very young. The younger children had been traumatized by their mother and lived with fear lingered in their memories.
The children could not afford to accede to their mother’s initial collective demand of $500 as the brothers earned meager incomes while both the sisters were home-makers. After much persuasion by the CMP officer, both parties agreed to a collective sum of $300 per month with effect from Sept 2010.
Outcome:
In this case, the Applicant secured a total maintenance contribution of $300 from her four children. The CDC also considered providing a top-up of up to $60 per month upon the expiry of her temporary financial assistance.
The conciliation by CMP also made the Applicant realise that self reliance was the most feasible means to security in her situation. Therefore the Applicant also agreed to the CMP officer’s advice to approach the CDC to seek employment after her recovery from the operation.
Case 3 – Illustrating the need to enhance enforcement measures
Ms R is the primary caregiver to her father who is in his 80’s. Last year, he was admitted to a Nursing Home, which costs $300 over a month.
Ms R earns a monthly income of about $600 as a car park attendant, making her father’s nursing home fees a big burden. She approached the Tribunal to file for maintenance against her other two siblings to contribute to the financial support for their father. Ms R’s youngest sister has defaulted on her share of the maintenance. Ms R’s brother would only pay after being chased for payment.
Case 4 – Illustrating the need for the Commissioner to access data from public agencies
Mr T, aged 73, divorced his first wife ten years ago and has since remarried. He had three children from his first marriage and they are said to be professionals. >>>
Mr T met with an accident a year ago and is now in a Nursing Home. He has lost contact with all his three children and does not know their whereabouts. His second wife, in her 60s, is unable to work as she is on a dependent pass. As both spouses are unemployed, the couple is facing financial difficulties.
When Mr T’s wife approached HDB in a bid to locate Mr T’s children, HDB was unable to divulge the children’s addresses because they were living in private properties. This has hindered Mr T in applying for maintenance from his children.
ANNEX 3
Public Feedback on Maintenance of Parents Amendments
Public feedback on the proposed amendments to the MPA came through the dedicated website www.mpa.sg, the REACH portal www.reach.gov.sg, newspaper forums and 6 focus group sessions conducted between May – June. Key issues discussed are summarized in the following categories:
I. Measures to Assist Applicants at Pre-filing and Filing of Maintenance Applications
Workers from social service agencies agreed that current processes can be daunting, deterring many needy parents from coming forward to receive help. There was support for the proposed measures which promote amicable settlement between parties.
II. Measures to Encourage and Enhance Effectiveness of Conciliation
The Commissioner’s Office and social service agencies attest that some parents are unable to provide vital information on their children, hindering cases from progressing forward. Participants agreed with the need to empower the Commissioner to access data from public agencies, but also called for safeguards to confidentiality to prevent misuse of information.
III. Measures to Improve Payment and Enforcement of Maintenance Orders
The Workgroup received feedback from children who had first-hand experiences with the Tribunal, where parents filed repeated applications against them. The children were unnecessarily inconvenienced when they were repeatedly summoned for mediation and hearings. The proposal to allow preliminary dismissal of applications seeks to address this.
IV. Measures to Streamline Processes
Proposed measures to streamline processes seek to address service gaps in the operations of the Offices of the Tribunal and Commissioner for the maintenance of parents.
V. Non-legislative Recommendations
Several participants at the focus groups emphasized the need for more public education on the value of filial piety. Most recognized that this needs to be inculcated from young, and in the home environment. Schools should play a complementary role to reinforce such teachings.
Other feedback
Several participants expressed concern that undeserving parents may abuse the Act to claim maintenance from their children despite never having contributed to their upbringing. To these queries, the Workgroup explained the principle of reciprocity of care which is embraced by the Act. This principle serves as a safeguard against such abuse.
The review of the Act has also generated discussion on filial piety. A series of forum letters in Lianhe Zaobao in early August discussed the dichotomy of love and duty in filial piety. Filial piety in its true sense is when a sense of duty to care for one’s parents is compelled by unconditional love.