Highlights: This Week in Parliament

PM’s views on the Ridout House Rentals By Ministers Shanmugam and Vivian Balakrishnan

Maintenance of Parents Act 2023

I am again part of MP Seah Kian Peng’s 2023 workgroup to improve the Maintenance of Parents Act. The last time was in 2010.

“… 3 questions that often linger on the minds of Singaporeans whenever the issue of maintenance of parents is broached:

  • Is the Maintenance of Parents Act still relevant in Singapore society today?

  • Can matters of familial relations be addressed through legal provisions?

  • Can the MPA address the issue of retirement inadequacy for elderly parents in need?

“..Question one - is the Maintenance of Parents Act still relevant in Singapore society today?

Supporters of the Act argue that it reflects the enduring value of filial piety deeply rooted in Singaporean culture.

They believe that adult children have a social responsibility to care for and support their parents, particularly when parents are financially dependent or vulnerable.

These proponents contend that placing this responsibility on children prevents burdening the public welfare system, which is funded by other taxpayers.

On the other hand, opponents of the Act emphasize the importance of individual choice and agency. They argue that adult children should have the freedom to decide whether or not they want to provide financial support to their needy parents.

Some highlight that while parents choose to give birth to their children, the children themselves did not ask to be born. Others contend that they are already financially supporting their own families and should not be legally obligated to support their parents.

What does the current landscape inform us? A MSF Report published in 2022 on "Ageing Families in Singapore, 2010-2020" highlights that families remain a key source of physical, emotional, and financial support for the elderly.

A majority of elderly individuals aged 65 years and above cited that they could rely on their married children (90%) and unmarried children (83%) for financial support in times of need.

Additionally, the 2018 HDB Sample Household Survey reveals that 74% of HDB residents aged 55 and above received regular financial support from their children in 2018, a slight decrease from 79% in 2008.

Nevertheless, expectations of filial piety norms are shifting across generations.

My young adult friends remind me that there are alternative ways to express filial piety beyond solely financial support.

This evolving trend suggests the need for each generation to plan for their own well-being to avoid over-reliance on their children.

However, changes in societal norms take time to fully materialize. While the landscape continues to shift, the Act which obliges children to provide basic support to their parents in need, remains relevant.

It acknowledges the possibility that without legal intervention, some elderly parents may face challenges in receiving the necessary care and support from their adult children. It serves as a safety net to ensure the well-being of these elderly parents.

Question 2 - Can matters of familial relations be addressed through legal provisions? Family dynamics and circumstances vary greatly from one family to another ; and it is important to acknowledge the limitations of the legal system in resolving all familial conflicts and dynamics.

Let me share a few cases to illustrate this point.

In one case, a woman (a professional) had a physically and verbally abusive father who had caused her immense trauma since young. She spent 40 years of her life running away from him, changing her legal name and at one time living overseas to escape his threats. He stalked her and even resorted to social media to threaten her. To this day, she is still receiving medical treatment.

When he filed a claim for maintenance from her, she pleaded to the Ministry to protect her identity and whereabouts.

The case highlights the challenges of enforcing legal provisions when issues of abuse and safe are involved.

Furthermore, even when faced with similar circumstances, family members can respond differently.

At a Tribunal session I sat in to observe as a workgroup member, a pair of adult siblings responded very differently to their mother whom they claim had abused them when young.

The brother chose to forgive the mother, while acknowledging her shortcomings. The sister was re-traumatized, being in the same room as the mother; and shared that she is now seeing a counsellor again.

Then there are parents who refuse to file claims against their errant able children for financial support, even when they are abandoned or neglected in eldercare facilities.

These variations in responses show the complexity of familial relationships and the need for individualized approaches; not cookie-cutter solutions. The work of the Commissioner and Tribunal in conciliation and in issuing directives, is complex and challenging. The provisions in the Bill that grant more flexibility and space for them to consider and conclude are therefore essential.

Hence, I fully support any provisions in the Bill to grant more flexibility and space for the Commissioner and Tribunal to consider and conclude.

Moving on to the third and final question frequently raised about the Act: Can the MPA address the issue of retirement inadequacy for elderly parents in need?

By 2030, approximately 22.1% or at least one in five of the resident population will be 65 years and above, with nearly 1 in 3 persons in Singapore forecasted to require eldercare services.

Many who regularly provide for their elderly parents can only afford a monthly allowance of $500 or less, reflecting similar amounts seen in maintenance orders. From 2016 to 2020, 82% of awards granted by the Tribunal had a monthly quantum of less than $500.

It is unlikely that family allowances alone will be the main source of elderly support, whether or not they are covered by the MPA. Hence, the MPA will not address the issue of retirement inadequacy for elderly parents in need.

A slew of government and societal provisions has been introduced to meet these needs. These include :

  • Raising of Retirement Age so that those who wish to continue to work can choose to do so;

  • CPF Life Annuity Scheme;

  • Silver Support Scheme;

  • CareShield;

  • HDB’s Rental Scheme, Housing Leaseback Scheme and Assisted Community Care Apartments;

  • Public Assistance Scheme for seniors who qualify for long-term comcare.

Unfortunately, many Singaporeans are still unprepared for retirement. To address this, more proactive education should be in place so that every Singaporean has a clearer idea of their own Individual Retirement Adequacy Plan.

The MPA is just one of the tools available for a small target group of seniors within the broader framework of retirement adequacy planning measures for Singapore’s elderly.

CONCLUSION. In conclusion, the MPA is not a silver bullet, and there are potential problems that may continue to arise…For instance, what if documented records of abuse or neglect are not available? How do we handle cases of children based overseas who refuse to comply? What if non-monetary measures directed by the Tribunal, such as family counseling, do not yield positive results? These are questions we will continue to ponder over.

Nevertheless, the principles of family being one's first stop for support, reciprocity, and filial piety enshrined in the MPA are still worth retaining….”

MP, ParliamentDenise PhuaParliament, Maintenance of Parents Act