6. Power of Tribunal to order security for maintenance, give directions, etc.
Feedback & supportLast amended by an amending law of 2023.
A maintenance order made against a respondent in respect of the respondent’s parent may provide for the payment of a lump sum, or a monthly allowance or periodical payment for a period determined by the Tribunal.
respondent
“respondent” includes a person against whom a maintenance order has been made under this Act;
The Tribunal may, in its discretion, when awarding maintenance, order the respondent to secure the whole or any part of the maintenance by vesting any property in trustees upon trust to pay the whole or any part of the maintenance out of the income from that property.
Tribunal
“Tribunal” means the Tribunal for the Maintenance of Parents established under section 13.
The Tribunal may, in awarding maintenance, order the applicant to —
applicant
“applicant” includes a person in whose favour a maintenance order has been made under this Act;
deposit with a bank a minimum sum determined by the Tribunal; or
purchase an annuity with an insurer with the minimum sum.
The Tribunal may, in awarding maintenance, give directions as to the manner or method of payment.
The Tribunal may, in awarding maintenance, also give directions for all or any of the purposes specified in subsection (6), if the Tribunal is of the opinion that this would —
reduce the need for the respondent to apply for a variation or rescission of the maintenance order; or
otherwise promote the respondent’s compliance with the maintenance order.
The purposes mentioned in subsection (5) are —
the exercise of financial responsibility by the parent or the respondent;
the management or resolution of conflicts (whether actual or potential) between —
the parent (or the applicant) and the respondent; or
where there is more than one respondent — the respondents; and
any other purpose that may be prescribed.
The management or resolution of conflicts mentioned in subsection (6)(b) includes, without limiting that provision, matters relating to —
the respondent’s access to the parent; and
the shielding of the respondent (or any of the respondent’s immediate family members) from any act by the parent (or the applicant), or another respondent, that may cause or is likely to cause the firstmentioned respondent (or his or her immediate family member) physical injury or suffering or emotional harm.
The Tribunal may, in awarding maintenance, order that the payment of the maintenance (or any part of the maintenance) is subject to compliance by the parent (or the applicant) with any direction given by the Tribunal under subsection (5), and may make any other order necessary for, or incidental to, the proper carrying into effect of the firstmentioned order.
Where the applicant is the parent, a reference to the applicant in subsection (6)(b)(i), (7)(b) or (8) includes a reference to a related person.
In this section —
“immediate family member”, for a respondent, means —
the respondent’s spouse, child or parent (including a step-parent); or
any other family member of the respondent who resides with the respondent;
“related person”, for an applicant, means —
a person mentioned in section 11 who made the application for maintenance on behalf of the applicant; or
a person in whose care the applicant resides.