Clause 4

When a claim is referred to the Commissioner under section 3(3) for the maintenance of a parent by any child of the parent, the claim must be accompanied by a declaration, in the form and manner that the Commissioner specifies, from the appropriate person mentioned in subsection (2) stating (to the best of the appropriate person’s knowledge and belief) whether the parent has any record or purported record of abandonment, abuse or neglect of the child.(2) For the purpose of subsection (1), the appropriate person is —

for a claim referred (in respect of an application to be made under section 3(1)) by the parent — the parent;

for a claim referred (in respect of an application to be made under section 3(1)) on behalf of the parent —

where the claim is referred by any person mentioned in section 11(1) (other than the Director‑General of Social Welfare or a protector) —

in the case where the parent is unable to refer the claim by reason of mental infirmity — the person who refers the claim on behalf of the parent; or

in any other case — the parent; or

where the claim is referred by the Director‑General of Social Welfare or a protector — the Director‑General of Social Welfare or the protector, as the case may be; or

for a claim referred (in respect of an application to be made under section 3(2)) by an approved person or organisation mentioned in that provision — the approved person or organisation.Record or purported record of abandonment, abuse or neglect of child — permission required for application under section 33B.—

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 —

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;

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

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 —

the child was involved in any conciliation (for the maintenance of the parent) that is discontinued under section 12A(2); and

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 —

grant permission for the intended application to be made; or

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 —

the parent did not abandon, abuse or neglect the child; or

the child should maintain the parent on just and equitable grounds.”.