Introduction
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 aims to ensure proper care and support for the elderly in India. Recent proposed amendments seek to expand protections, simplify legal processes, and enhance welfare measures for senior citizens. These changes reflect India’s growing focus on elderly care in a rapidly aging population. Here are the recent amendments to this act.
Expanded Definitions
The definition of “children” will include:
- Step-children
- Adoptive children
- Children-in-law
- Legal guardians of minors
- “Parents” and “relatives” definitions will also broaden.
- More family members will now be held accountable for elderly care.
Removal of Maintenance Ceiling
- The ₹10,000 monthly cap on maintenance will be scrapped.
Tribunals can decide payment based on:
- The senior citizen’s needs
- The payer’s financial status
- Private care homes and home-care service providers must register.
- All such institutions must meet minimum standards and undergo inspections.
- States must establish day care centres.
- Home care services will be provided for immobile or disabled seniors.
- Seniors can file maintenance claims through multiple modes.
- Seniors above 80 years will get priority in case handling.
- Cases for the oldest-old must be resolved within 60 days
- Every police station must appoint a nodal officer for senior citizens.
- Special district-level police units will be set up to ensure elderly safety.
- Dedicated helplines for senior citizens will be mandatory.
Healthcare and Additional Welfare
Hospitals, including private ones, must offer:
- Separate queues for seniors
- Special care for chronic and terminal diseases
- States must draft and implement welfare action plans.
- Coordination among departments and stakeholders is required.
Appeal and Enforcement
- Both parties can appeal Maintenance Tribunal decisions.
If someone fails to pay maintenance:
- A recovery warrant may be issued
- Imprisonment of up to one month can follow
What Are The Tax Benefits for Senior Citizens in Budget 2025?
Finance Minister Nirmala Sitharaman presented the Union Budget 2025-26 on February 1, 2025. The Budget introduced several tax benefits aimed at easing the financial burden on senior citizens. These changes will apply from FY2025-26 (AY2026-27). Here’s a breakdown of the new provisions:
- Higher Basic Exemption Limit. The basic income tax exemption limit is raised from ₹7,00,000 to ₹12,00,000. Resident individual taxpayers can now enjoy tax-free income up to ₹12,00,000.
- Tax-Free NSS Withdrawals. Section 80CCA now exempts NSS withdrawals made on or after August 29, 2024. Earlier, exemption applied only in case of the account holder’s death. Note: NSS will not pay interest after October 1, 2024.
- Raised TDS Limit on Interest Income. TDS exemption limit for interest (excluding securities) increased from ₹50,000 to ₹1,00,000. Senior citizens earning interest up to ₹1,00,000 will face no TDS. This change is effective from April 1, 2025.
- Hiked TDS Limit on Rental Income. TDS threshold on rent from land/buildings increased from ₹2,40,000 per annum to ₹6,00,000 per annum. New monthly limit is ₹50,000. Effective from April 1, 2025, this benefits seniors dependent on rental income.
- Scrapping of Higher TDS/TCS Sections. Sections 206AB and 206CCA are repealed from April 1, 2025. These sections had imposed higher TDS/TCS for non-filers. Senior citizens now avoid penalties for missed returns.
- No Change in Tax on Pension and Interest for 75+ Seniors. No changes were made for resident seniors aged 75 and above. They remain taxed under existing slabs. If their income is only from pension and interest (same bank), they are exempt from filing returns.
News Updates On Latest Amendments to the Senior Citizens Act
The Indian government is actively enhancing the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to better safeguard the rights and welfare of the elderly. Recent developments include legislative amendments, judicial interpretations, and policy initiatives aimed at strengthening protections for senior citizens.
Legislative and Policy Developments
- New Senior Citizens Policy Underway
- After 25 years, the government is formulating a comprehensive senior citizens policy to address the evolving needs of the aging population. This initiative includes proposed amendments to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, focusing on aspects like healthcare, financial security, and legal safeguards.
Proposal to Allow Legal Representation in Maintenance Cases
- The government is considering lifting the ban on lawyers representing senior citizens in maintenance tribunals. This change aims to assist the elderly in effectively presenting their cases, ensuring they receive due maintenance from their children or legal heirs.
More News
Supreme Court Affirms Eviction Rights for Senior Citizens
- In a landmark judgment, the Supreme Court empowered tribunals under the Act to evict children or relatives who neglect senior citizens, even if property transfer deeds do not explicitly mention the maintenance condition. This decision reinforces the Act’s objective to protect the rights and welfare of the elderly.
Madras High Court Upholds Cancellation of Gift Deeds
- The Madras High Court ruled that senior citizens can revoke gift or settlement deeds given to their children or relatives if they fail to provide necessary care, even if the deeds do not explicitly mention such obligations. This ruling empowers the elderly to reclaim their property rights in cases of neglect.
Introduction of Ayushman Vay Vandana Card
- To improve healthcare accessibility, the government has launched the Ayushman Vay Vandana Card through the Ayushman App. Senior citizens aged 70 and above are eligible for free medical treatment coverage up to ₹5 lakh annually under the Ayushman Bharat-Pradhan Mantri Jan Arogya Yojana (PM-JAY). This initiative aims to alleviate the financial burden of healthcare for the elderly.
Conclusion
The proposed amendments to the Senior Citizens Act aim to create a more inclusive and supportive system for India’s aging population. These reforms will expand responsibilities, speed up justice, and ensure better healthcare and living conditions for senior citizens. With these changes, India takes a significant step towards securing the dignity and well-being of its elders.
