QLDIn ForceAct
Maintenance Act 1965
sec.20Orders for medical and like expenses
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### sec.20 Orders for medical and like expenses
Where the court, upon complaint made by or on behalf of—
a person for whose maintenance an order (not being an order for preliminary expenses) has taken effect and is in force under this part; or
a person in respect of whom there has been made an order under section 21 that is in force under this part;
is satisfied—
that any medical, surgical, psychiatric, dental, hospital, or nursing care or treatment is or was reasonably required to be rendered in respect of that person;
that the amount ordered to be paid for the maintenance of that person is not sufficient to enable adequate provision to be made thereout for or towards the cost of that care or treatment;
that the person against whom the order was made has not made adequate provision for or towards that cost, and it is just and equitable in all the circumstances of the case that the person pay or contribute towards that cost;
the court may order the person to pay for or towards that cost such amount as it thinks reasonable.
Where the court, upon complaint made on behalf of a child in respect of whom an order for preliminary expenses has been made, is satisfied—
that any care or treatment referred to in subsection (1) (c) —
where the child has not attained the age of 3 months—is reasonably required to be rendered in respect of that child; or
where the child has attained that age—was reasonably required and was in fact rendered in respect of that child before the child attained that age; and
that the amount ordered to be paid for preliminary expenses was not sufficient to enable adequate provision to be made thereout for or towards the cost of that care or treatment; and
the person against whom the order was made has not made adequate provision for or towards that cost and it is just and equitable in all the circumstances of the case that the person pay or contribute towards that cost;
the court may order the person to pay for or towards that cost such amount as it thinks reasonable.
Where an order is made under this section for the payment of moneys for or towards the cost of any care or treatment referred to in subsection (1) (c) , the court may, at any time, with or without any application for that purpose, and, if upon application, after notice of such application given in such manner and to such persons as the court may direct, give such directions as the court thinks proper with respect to the disbursement of the amount ordered to be paid but so that no moneys are disbursed before the care or treatment to which the payment relates has been rendered.
The adoption of a child does not prevent the making of an order under this section in the same manner as if the child had not been adopted and does not affect the validity or operation of any such order in respect of the child.
Where complaint might have been made under this section by or on behalf of a person but for that person’s death, the complaint may be made by any person who has paid or is liable to pay the cost of any care or treatment referred to in subsection (1) (c) .
An order shall not be made under this section in respect of the cost of any care or treatment that was rendered before the commencement of this Act, or upon a complaint made more than 12 months after the care or treatment to which the complaint relates was rendered.
(sec.20-ssec.1) Where the court, upon complaint made by or on behalf of— a person for whose maintenance an order (not being an order for preliminary expenses) has taken effect and is in force under this part; or a person in respect of whom there has been made an order under section 21 that is in force under this part; is satisfied— that any medical, surgical, psychiatric, dental, hospital, or nursing care or treatment is or was reasonably required to be rendered in respect of that person; that the amount ordered to be paid for the maintenance of that person is not sufficient to enable adequate provision to be made thereout for or towards the cost of that care or treatment; that the person against whom the order was made has not made adequate provision for or towards that cost, and it is just and equitable in all the circumstances of the case that the person pay or contribute towards that cost; the court may order the person to pay for or towards that cost such amount as it thinks reasonable.
(sec.20-ssec.2) Where the court, upon complaint made on behalf of a child in respect of whom an order for preliminary expenses has been made, is satisfied— that any care or treatment referred to in subsection (1) (c) — where the child has not attained the age of 3 months—is reasonably required to be rendered in respect of that child; or where the child has attained that age—was reasonably required and was in fact rendered in respect of that child before the child attained that age; and that the amount ordered to be paid for preliminary expenses was not sufficient to enable adequate provision to be made thereout for or towards the cost of that care or treatment; and the person against whom the order was made has not made adequate provision for or towards that cost and it is just and equitable in all the circumstances of the case that the person pay or contribute towards that cost; the court may order the person to pay for or towards that cost such amount as it thinks reasonable.
(sec.20-ssec.3) Where an order is made under this section for the payment of moneys for or towards the cost of any care or treatment referred to in subsection (1) (c) , the court may, at any time, with or without any application for that purpose, and, if upon application, after notice of such application given in such manner and to such persons as the court may direct, give such directions as the court thinks proper with respect to the disbursement of the amount ordered to be paid but so that no moneys are disbursed before the care or treatment to which the payment relates has been rendered.
(sec.20-ssec.4) The adoption of a child does not prevent the making of an order under this section in the same manner as if the child had not been adopted and does not affect the validity or operation of any such order in respect of the child.
(sec.20-ssec.5) Where complaint might have been made under this section by or on behalf of a person but for that person’s death, the complaint may be made by any person who has paid or is liable to pay the cost of any care or treatment referred to in subsection (1) (c) .
(sec.20-ssec.6) An order shall not be made under this section in respect of the cost of any care or treatment that was rendered before the commencement of this Act, or upon a complaint made more than 12 months after the care or treatment to which the complaint relates was rendered.
- (a) a person for whose maintenance an order (not being an order for preliminary expenses) has taken effect and is in force under this part; or
- (b) a person in respect of whom there has been made an order under section 21 that is in force under this part;
- (c) that any medical, surgical, psychiatric, dental, hospital, or nursing care or treatment is or was reasonably required to be rendered in respect of that person;
- (d) that the amount ordered to be paid for the maintenance of that person is not sufficient to enable adequate provision to be made thereout for or towards the cost of that care or treatment;
- (e) that the person against whom the order was made has not made adequate provision for or towards that cost, and it is just and equitable in all the circumstances of the case that the person pay or contribute towards that cost;
- (a) that any care or treatment referred to in subsection (1) (c) — (i) where the child has not attained the age of 3 months—is reasonably required to be rendered in respect of that child; or (ii) where the child has attained that age—was reasonably required and was in fact rendered in respect of that child before the child attained that age; and
- (i) where the child has not attained the age of 3 months—is reasonably required to be rendered in respect of that child; or
- (ii) where the child has attained that age—was reasonably required and was in fact rendered in respect of that child before the child attained that age; and
- (b) that the amount ordered to be paid for preliminary expenses was not sufficient to enable adequate provision to be made thereout for or towards the cost of that care or treatment; and
- (c) the person against whom the order was made has not made adequate provision for or towards that cost and it is just and equitable in all the circumstances of the case that the person pay or contribute towards that cost;
- (i) where the child has not attained the age of 3 months—is reasonably required to be rendered in respect of that child; or
- (ii) where the child has attained that age—was reasonably required and was in fact rendered in respect of that child before the child attained that age; and