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Maltese Laws |
SOCIAL SECURITY ACT
To establish a scheme of social security and to consolidate with amendments existing provisions concerning the payment of social insurance benefits, pensions and allowances, social and medical assistance, non-contributory pensions and the payment of social insurance contributions by employees, employers, self-employed and the State.
1st January, 1987
ACT X of 1987, as amended by Acts XX of 1987, XIV of 1988, XVI of 1989, VIII and XVI of
1990, XIII of 1991, VIII of 1992, XXIV of 1993, XXV of 1994, XXVII of 1995, XXI of 1996, XVI
and XXII of 1997, VII of 1998 and II of 1999; Legal Notices 56 and 84 of 1999, and 10 of
2000; Act XI of 2000; Legal Notice 21 of 2001; Act VI of 2001; Legal Notices 4 and 422 of
2002; Acts II of 2002 and XI of 2003; Legal Notice 436 of 2003; Acts II of 2004, III and XIII
of 2005, and II, VI and XIX of 2006; and Legal Notices 100 and 101 of 2006, and 62, 318 and
424 of 2007; Act XXXII of 2007; Legal Notices 105 and 149 of 2008; Act II of 2009; Legal
Notices 143 of 2009 and 437 of 2010; Act IV of 2011; and Legal Notices 330 and 455 of 2011.
ARRANGEMENT OF ACT
Articles
Part I Preliminary 1-2
Part II Insured Persons and Contributions 3-17
Part III Benefits, Allowances and Particular Pensions 18-30
Part IV Pensions in respect of Widowhood 31-43
Part V Pensions in respect of Retirement 44-65
Part VI Other Pensions, Benefits and Allowances 66-88
Part VII Miscellaneous Provisions in respect of Pensions, Allowances,
Benefits and Assistance payable under this Act 89-104
Part VIII Determination of Claims and Questions 105-111
Part IX Administration and Finance 112-115
Part X Enforcement and Non-Compliance 116-127
Part XI Establishment of a Social Assistan ce Board and a We lfare
Committee
128-131
Part XII | Duties, Functions and Special Powers of the Director | 132-133 |
Part XIII | General Provisions | 134-136 |
SCHEDULES
First Schedule | PART I | Employments |
PART II | Excepted Employments | |
Second Schedule | PART I | Exemption from the payment of Class Tw o |
Contributions
PART II Sickness Assistance
PART III Free Medical Aid
PART IV Age Pension and Carer ’s Pension
PART V Disability Pension and Pension for the Visually
Impaired
PART VI Social Assistance
PART VII C hild ren’ s Allowance an d D i sabled Child
Allowance
Third Schedule | PART VIII PART I | Supplementary Allowance R ate s of Sicknes s , Unemployment, S p ecial |
Une m pl oyment, and Injury Be nefits; Injury Grant and Injury Pension | ||
PART II | Amounts of Injury Grant | |
PART III | Highest Rate of Injury Pension | |
PART IV | Orphan’s Allowance | |
PART V | Orphan’s Supplementary Allowance | |
Fourth Schedule | Industrial Diseases or Injuries | |
Fifth Schedule | PART I | Disea s es and condi tions i n respect of which |
Sickness Assistance may be payable
PART II Diseases and conditions in respect of which Free
Medical Aid may be accorded
Sixth Schedule | PART I | Scale of Social Assistance per week, inclusive of |
PART II | any measures under the provisions of article 90A Hi gh e s t Ra t e of Age Pe n s io n in c l u s iv e of a n y |
increases under the provisions of article 90A
PART III Highest Rate of Disability Pension and Pension for the Visually Impaired per week, inclusive of any increase under the provisions of article 90A
PART IV Highest Rate of Carer’s Pension per week inclusive of any increases under the provisions of article
90A
PART V House Rent
Seventh Schedule Scale rates of means governing Sickness Assistance
Eighth Schedule PART I Scale rates of means governing Free Medical Aid where the head of hous e h old is in insurabl e employment or self-occupied
PART II Scale rates of means governing Free Medical Aid where the head of household is nei t her in insurable employment nor self-occupied
Ninth Schedule | Amounts of Sic kness Assistance , Milk Grant, | |
Tenth Schedule | PART I | Leprosy Assistance and Tuberculosis Assistance Class One Contributions (Employed Persons) |
PART II PART III | Class Two Contributions (Self-employed Persons) Class Two Contributions (Self-Occupied Persons) |
Eleventh Schedule Contribution Conditions
Twelfth Schedule Rates of several kinds of pension
Thirteenth Schedule Calculation of the Pensionable Income
Fourteenth Schedule Rates of several kinds of Allowances, Maternity
Benefit and a Marriage Grant.
PART I
PRELIMINARY
Short title. 1. The short title of this Act is the Social Security Act.
Interpretation. Amended by: XX. 1987.2; XIV. 1988.3; XVI.1989.3; XVI. 1990.3; VIII. 1992.3; XXIV. 1993.3; XXV. 1994.2,3; XXI. 1996.2; XXII. 1997.2; II. 1999.2;
XI. 2000.13; II. 2002.60; II. 2004.17; III. 2005.2; II. 2006.11; VI. 2006.2; XIX. 2006.2;
L.N. 424 of 2007; XXXII. 2007.40;
L.N. 105 of 2008; II. 2009.22;
IV. 2011.28.
"assistance" means assistance which may be given under this
Act;
"basic weekly wage" and "basic salary" mean the gross wage or salary that is payable to an employed person by
or on behalf of his employer excluding any remuneration for overtime, any form of bo nu s, any ex tra al lo wances, an y remun
e rati on in k i n d an d commissions;
"beneficiary" in relation to any benefit, pension, assistance or all o wan c e means the person enti tled to th at benefit,
pension, assistance or allowance;
"benefit" m eans benefit which is payable under this Act and includes Bonus, Additional Bonus and Marriage Grant;
"benefit year" means the period starting from the first Monday in January and ending on the last Sunday before the first
Monday in January of the following year;
"care allowance" means an allowance payable under article 76A; "child" means a person who is under the age of
sixteen years and
includes a st epchi l d, an ado p ted child and a child born out of wedlock;
"children’s allowance" means an allowance payable under article
76;
"claim ant" means a person cl aimin g a benefit , p e n s io n, assistance or allowance under this Act;
"Class One contribution" means a contribution which an insured person pays as an employed person;
"Class Two contribution" means a contribution which an insured person pays either as a self-employed person, or as a self-occupied
person;
"Committee" means the We lfar e Co mm it tee est a bli s hed by article 130;
"Consolidated Fund" means the Consolidated Fund established by article 102 of the Constitution;
"contract of service" means an agreement between two persons, whether written, oral or implied, whereby one of the parties
(herein called the "employee") who shall always be a physical person, shall be under an obligation to render to the other
party (herein called the "employer") services by way of master and servant relationship for definite hours at a specified
wage, salary, remuneration in kind or any other benefit or privilege, subject to the right of the employer to exercise control, supervisi
on, direction, and any form of
disciplinary action over the emp l oyee as to th e metho d of performance of his duties;
"contribution" means a contribution payable under this Act or which was payable under the provisions of the National Insurance
Act before the date of its repeal;
"contribution year" means the period starting from the first Monday in January and ending on the last Sunday before the
first Monday in January of the following year;
"credited contribution" means a contribution which is not paid by a person but is nonetheless accredit ed ope legis to him for the purposes of this Act;
"Department" means the Social Security Division;
"Director" in or in respect of the provisions of this Act, other than those of articles 3 to 11, both inclusive, articles
13, 14, 15,
93(1), 112, 113, 117(2), 123 124(1) and (2), and save as otherwise p r ovi ded, mean s the D i recto r General (Soci a l Securi ty)
and includes any public officer of the Department designated by him or
any public officer designated by the M i nister for a particular purpose or class of purposes; and in or in respect of the provisions
of articles 3 to 11 both inclusive, articles 13, 14, 15, 117(2), 123
and 124(1) and (2) and save as otherwise provided, Director means the Com missioner of Inland Revenue and includes any public officer
in his Department designated by him; and in or in respect of
the provisions of article 93(1), and save as otherwise provided, Director means the Director responsible for the Department of the
Elderly and Community Services, and includes any public officer
in his department designated by him; and in or in respect of the provisions of articles 112 and 113 and save as otherwise provided,
Director means the Director responsible for the Benefit Fraud and
Investigation Directorate and includes any public officer in his
Directorate designated by him:
Provided that in or in respect of the provisions of articles
114(2), 116, 119, 120, 121, 122 and 125, the word Director means th e Director Gene ra l (Social Security) or the Commissioner of
Inland Revenue, or each of them as the case may require; and in or in respect of the provisions of article 133, the word Director
means the Director General (Social Security), or the Commissioner of
Inland Revenue, or the Director responsible for the Benefit Fraud and Investigation Directorate or the Director responsible for the
Department of the Elderly and Community Services, or each of them, as the case may require;
"earnings" means the income derived by a self-occupied person from any economic activity (including the exercise of any
trade or profession), and is to be taken net of expenses directly incurred in generating that income, and does not include:
(i) any income derived by way of any interests on any bank deposits (including any liquid assets, time deposits, bonds, stocks,
shares or other securities), rents or groundrents receivable on any property, or
Cap. 147 - Repealed.
(ii) any other income, if any, which is not directly related to such economic activity, or
(iii) in any case, any income belonging to the spouse of such person;
"employed person" means a person who has not yet passed his sixty-fifth birthday and who is employed in insurable employment;
"employer" includes a body of persons being a partnership, company, fellowship or society of persons whether corporated
or unincorporated and whether vested with legal personality or not, and a body corporate established by law;
"father" includes a stepfather and an adoptive father;
" F ixed Children’s Al lowance'' shall be that specifi ed in t h e
Fourteenth Schedule;
"full-tim e basis and regularly" m eans physicall y avail able at home in a way as will ensure unfailing attendance and
attention to and the caring of -
(a) for the purposes of article 30(8) -
(i) a relative suffering from mental severe subnormality; or
(ii) a severely disabled relative; or
(iii) a relative who is aged 60 years or over; and
(b) for the purposes of article 68, a relative who by reason of infirmity is bedridden or confined to a wheel-chair;
"gainfully occupied" means employed in insurable employment or self-occupied;
"head of household" in relation to a household consisting of two o r m o re perso n s mean s such p erson as is in the opin
i on of the Director the head of household;
"household" means one person who in the opinion of the Director is living alone or two or more persons who in the opinion
of the Director are living together as a family:
Provided that -
(a) for the purposes of Sickness Assistance claimed in respect of a person who is over the age of sixty years, together with
his wife or husband, if any, as the case may be, and children and none of whom is in insurable employment or self-occupied; and
(b) for the purposes of Sickness Assistance in respect of chronic schizophrenia in respect of any member of the household who is
not the head of household or his wife, if any,
such persons or such couples shall, if it is to their advantage, be considered as forming a household of their own:
Provided further that for the purposes of a Free Medical Aid awarde d under this Act, the Direct o r may, if he feel s th at t h e
circumstance s of the household so re quire, exclude from the
otherwise form part of it;
"insurable employment" has the meaning assigned to it by article
5;
"insured person" means an employed person or a self-employed
person or a self-occupied person in terms of Part II of this Act;
"medical treatment" means medical, surgical or rehabilitative treatment including any course or diet or other regimen, and
any surgical and pharmaceutical aid;
"men tal severe subno rmali t y" means arrested o r incomplete development of mind, resulting in a marked lack of intelligence
which in turn renders the person affected incapable of living an independent life or of guarding himself against serious exploitation
or will render him so incapable when of age to do so;
"Minister" means the Minister from time to time in charge of the Department and includes any officer designated by the Minister
for a particular purpose or class of purposes:
Provided that in respect of the provisions of article 93, 130 and 131, and save as otherwise provided, the word Minister means the
Minister responsible for the elderly and includes any officer designated by the said Minister for a particular purpose or class of
purposes;
"mother" includes a stepmother and an adoptive mother;
"n et in co me" mean s t o t a l in co me n e t of exp e nses di rectl y incurred in generating that income;
"parent" includes a step-parent and an adoptive parent; "pension" means a pension payable under this Act;
"pension age" means sixty-five years of age: Provided that;
(i) (a) saving the provisions of paragraph (ii) hereof, in the case of a person born on or before the 31st December 1951, pension
age shall be sixty-one years;
(b) in the case of a person born during the calendar years 1952 to 1955, pension age shall be sixty- two years;
(c) in the case of a person born during the calendar years 1956 to 1958, pension age shall be sixty- three years;
(d) in the case of a person born during the calendar years 1959 to 1961, pension age shall be sixty- four years;
(ii) in the case of a woman born on or before the 31st
December 1951, pension age shall be sixty years;
"pensionable income" means the average annual basic wage or salary or the net income, or earnings, calculated in accordance
with
the Thirteenth Schedule to this Act;
"prescribed" means prescribed by regulations;
"regulations" means regulations made by the Minister under this
Act and published in the Gazette;
"relevant accident" and "relevant injury" mean respectively, in relation to Inj u ry Benefit, Inju ry Grant or
Injury Pension, th e accident or injury in respect of which any of the said benefits is claimed or payable;
"relevant loss of faculty" means the loss of faculty resulting from the relevant injury;
"retirement" means attainment of pension age:
Provided that in respect of a person over pension age who is not in receipt of a pension and is still in insurable employment, or
is self-occupied or is self-employed, retirement means the date on which he applies for a pension under Part V of this Act or o n
w h i ch he reaches the age of sixty-five years, whichever is the earlier:
Provided further that -
(a) in respect of a person who at any time is or was in receipt of a pension under this Act payable on or after pension age, retirement
means -
(i) the date taken as his date of retirement for the purposes of awarding a pension payable after pension age, or
(ii) pension age in the case of any other person;
(b) in the case of a man who dies before reaching pension age and his wife becomes entitled to a Survivor ’s Pension in
terms of the proviso to article 34, retirement means the date on which such death occurs, or, if such death occurs
at a time when he was in receipt of a pension in respect of invalidity under this Act, retirement means the day on which
he became such an invalid;
"Second Pension" means the mandatory pension scheme referred to in article 64C;
"self-employed person" means a person who has not yet passed his sixty-fifth birthday, is ordinarily resident in Malta,
and is not an employed person nor a self-occupied person;
"self-occupied" means a self-employed person who is engaged in any activity through which earnings exceeding €910 per annum are being derived;
"Service Pension", means -
(i) with effect from the 1st day of April, 1978, a pension or other allowance awarded to a person at any time before or after the
aforesaid date that is payable by or on behalf of his employer in respect of past services in Malta or abroad and shall in each and
every case be considered on an uncommuted basis, and
is in receipt of two or more Service Pensions, only the higher or highest, as the case may be, of such Service Pensions shall be deemed
to be a Service Pension for the purpose of assessing, revising or re-assessing a pension in respect of retirement or
invalidity under this Act; so however that, and solely for the purpose of assessing, revising or re-assessing a Retirement
Pension in accordance with article 44 and article
47(1)(i), where a person who is in receipt of two or more such Service Pensions one of which is payable by or on behalf of the United
Kingdom Government, the Director shall have the right to elect, on behalf of the person, which of such Service Pensions
as aforesaid is to be deemed to be the Service Pension for this latter purpose. So however that the right to such election shall
be exercised only once:
Provided that, with effect from the 4th January
1992, and solely for the purpose referred to in the foregoing paragraph of this definition, where a Service Pension as aforesaid
in this definition has been -
(a) commuted in part only and the pensioner has reached his 72nd birthday, 50% of the commuted part only of such Service Pension
shall be taken into account, and
(b) commuted in whole, only 50% of such Service Pension shall be taken into account, so however that with effect from the 4th
October, 1997, where such Service Pension has been commuted in whole, it shall no longer be taken into account for the purposes
of this Act; and
(iii) with effect from January 6, 1996, net of increases in the amount payable of such Service Pension by way of cost of living
increases awarded after January 7, 1995, and
(iv) with effect from October 4, 1997, a pension or other allowance, other than a pension or other allowance which has been
commuted in whole, or which does not exceed €466 per annum, net of increases in the amount payable of such Service Pension by
way of cost of living increases awarded after the initial award of such Service Pension; and
(v) with effect from the 5th January 2008, for the purposes of calculating the rate of a pension under this Act, a Service Pension
net of four hundred and sixty-six euro (€466);
(vi) with effect from the 3rd January 2009, for the purposes of calculating the rate of a pension under this Act, a service pension
net of another two hundred euro (€200);
(vii) with effect from the 1st January 2011, for the purposes of calculating the rate of a pension under this Act, a service pension
net of another two hundred euro (€200); and
(viii) the Second Pension or the Third Pension which a person may receive shall not be considered as a Service Pension
for the purposes of this Act;
"severely disab l ed person" means a person who still h a s a reasonable expectancy of life and who is incapable of supporting
himself through full-time employment or self-occupation, or who will be rendered so incapable when of age to do so, owing to a permanent
disability arising from -
(a) total deafmutism; or
(b) achondroplasia, hypopituitarism, osteogenesis imper- fecta or other forms of dwarfism; or
(c) one of the following diseases, namely: Multiple Sclerosis
Muscular Dystrophy
Spina Bifida
Systemic Lupus Erythematosus
Haemophilia or any other similar permanent disorder
of the blood characterised by chronic or repeated bleeding
Hydrocephalus
Huntington’s Chorea
Cystic Fibrosis
T C II Deficiency;
Cerebellar Ataxia;
Chronic-Granulomatous Disease; Leopard’s Syndrome; or
(d) permanent total paralysis or permanent total severe malfunction or permanent total disease, whether through
amputation or otherwise, of both upper or lower limbs; or
(e) epilepsy with a frequency of attacks exceeding four per month, which condition is confirmed by appropriate
investigations including an electro- encephalogram and so certified by a Government neurologist or psychiatrist
provided that the person concerned is not in possession of a driving licence; or
(f) congenital indifference to pain;
" s in gl e pa re nt " me ans a p a re nt w h o is w i d o w e d , sep a rat e d (whether de facto or de jure), divorced or unmarried who is solely and entirely responsible for the upkeep and upbringing of his or her dependant sons or daughters
who have not yet reached 18 years of age;
"Third Pension" means the voluntary pension plan referred to in article 64D;
"Umpire" means any umpire appointed under article 107;
"visually impaired person" means a person whose visual acuity has been certified by an ophthalmologist to be so low as to
render such person unable to perform any work for which eyesight i s essential;
"wid ow " m eans t h e su rv iv ing sp ou se, wh et her a wi d o w or a widower, of a married couple who immediately prior
to widowhood h a d a legal rig h t t o b e maintain ed by th e oth e r spou se an d i n relation to a widow, wherever it appears,
husband shall include wife.
(2) For the purposes of this Act -
(a) a person shall be deemed to be over or under any age if he has or has not reached that age;
(b) a person shall be deemed to be between two ages if he has reached the lower but has not reached the upper of these two ages;
(c) a person shall be deemed not to have reached any particular age until the beginning of the anniversary of the date of
his birthday relevant to that particular age.
(3) For the purposes of awarding -
(i) a widows’ pension or a retirement pension, in terms of this Act, a person born on or before the
31st December 1961 and who, during the last ten
years ending on the last day of the calendar year immediately preceding such person’s retirement or widowhood; or
(ii) an invalidity pension, in terms of this Act, a person who, during the last ten years ending on the last day of
the calendar year immediately preceding such person’s becoming an invalid,
was an insured person, shall be treated as an employed person, or as a self-employed person, or as a self-occupied person according
to th e nu m b e r o f y ears, or pa rt thereof, he spe n t in insurable employment or as a self-employed person, or as a self-occupied
person and where the greater number of years, or part thereof, were spent in insurable employment, he shall be treated as an employed
person; and where the greater number of years, or part thereof, were spent as a self-employed person, he shall be treated as a self-
employed person; and where the greater number of years, or part thereof, were spent as a self-occupied person, he shall be treated
as a self-occupied person:
Provided that a pe rson who, in accordance with this sub- article is to be treated as a self-employed person, shall, if it is to his
advantage, be treated as an employed person if immediately before the tenth year prior to his retirement or invalidity, as the case
may be, he was an employed person for not less than twenty years and has continued to be so employed for any period within the said
last ten years and has not after such period become self-occupied.
Classes of insured persons.
Amended by:
XXI. 1996.3.
Substituted by:
XI. 2003.2.
Amended by:
III. 2005.3.
PART II
INSURED PERSONS AND CONTRIBUTIONS
(2) With effect from 5th January, 2004, a married person who is not legally separated or who has not been abandoned by his spouse
shall not be deemed to be a self-employed person:
Provided that, with effect from the 3rd October, 2003, any married person who is not legally separated or who has not been abandoned
by his spouse, and who prior to the 5th January, 2004 was deemed to be a self-employed person, shall, if he so elects, continue
to be considered as a self-employed person:
Provided further that in the case of any married person who is not legally separated or w ho has not been abandoned by his sp ouse
an d who on the 4th Janu ary, 2 004 was i n in su rabl e employment and who after that date terminated his employment so as to partake
of an early retirement scheme, as may be approved by the Minister responsible for finance, or is prior to the said date recognized
as such by the Director, such person shall, if he so elects , be deemed to be a sel f-emplo yed person if on hi s t e rm inat ion
from his empl oym ent he sati sfies t h e m i n imu m contribution conditio ns required in terms of paragraph 2 of the Eleventh Schedule,
calculated from his eighteenth birthday up to the date of his termination of his last employment.
Extension of Class
Two contributions.
Cap. 147 - Repealed.
Insurable employment.
Persons who are deemed not to be self-employed. Amended by:
XX. 1987.3; XVI. 1990.4;
XXV. 1994.2,4; XXI. 1996.4;
XI. 2003.3; XXXII. 2007.41.
Cap. 327.
(a) (deleted by Act XI. 2003.3.)
(b) receiving full-time education or training in an educational institution recognised by the Government in terms of
the Education Act, whether or not any form of remuneration or allowance is being paid to him during such time in direct or indirect relationship
to such education or training unless such remuneration is being paid to him as a self-occupied person; or
(c) a person who was born before the 1st day of January,
1927, and who, prior to the 1st day of April, 1978, was not liable to pay a contribution under the National
Insurance Act, as in force prior to the date of the commencement of this Act, and who, at any time after the said 1st day
of April, 1978, was not self-occupied;
or
(d) with effect from the 5th January 2008, a person in receipt of a pension (other than an Injury Pension) payable under this Act
and who is not gainfully occupied:
Provided that a widow who, notwithstanding the fact that she is still self-occupied, retains her right to Widows’ Pension under
this Act by virtue of sub- article (2) of article 32 and article 41, shall, nonetheless, be considered as
a self-occupied person for the purposes of this Act; or
(e) a person in excepted employment in terms of paragraph 8 of Part II of the First Schedule;
(f) in receipt of Social Assistance payable under this Act.
(2) For the purposes of this Act where any of the categories of persons mentioned in paragraphs (a), (b) and (e) of sub-article (1) a r e s e lf-occ upie d , s u ch p e rs ons s h a ll be consider ed as s e lf- occupied persons.
Cap. 147 - Repealed.
Provided that for the purposes of this Act, a person who is employed in more than one insurable employment shall be deemed to be employed
in that insurable employm ent which carries the higher or highest basic wage or salary.
(2) Subject to the provisions of this Act:
(a) the weekly rates of contributions payable under this Act by an employed person and by his employer respectively shall
be those specified in Part 1 of the Tenth Schedule:
Provided that, with effect from the 1st January 2007, an employed person whose weekly basic earnings from his employment are less
than the equivalent of the National Minimum Wage as is applicable to persons of eighteen years of age or over as established
by a National Standard Order issued under the Employment and Industrial Relations Act, shall have the right to elect to pay a contribution at a rate of 10% of his actual basic weekly wage instead of the category
B contribution in Part I of the Tenth Schedule payable by the employed person, where applicable; and
(b) the contributions payable under this Act out of the
Consolidated Fund shall be 50% of the combined
Class One contributions and apportionment thereof.
Amended by|: II. 1999.3;
XXXII. 2007.42.
Cap. 452.
Cap. 343.
weekly contributions paid by the employee and his employer:
So however that, where an employer binds himself with the Employment and Training Corporation, established under
the Employment and Training Services Act, to employ a person who is over the age of forty years and who has been registering for more than one year under Part One of the
Register kept in accordance with the provisions of the Employment and Training Services Act, such employer shall be entitled to retrieve from the said corporation a sum equivalent to twenty-five per cent of the rate of contribution
paid by the employer, as his share in respect of such employee, in accordance with Part I of the Tenth Schedule
to this Act.
(3) For the purposes of sub-article (2), where any insurable employment is terminated with one employer during a particular
week and is commenced with another employer during that same particular week, the contribution payable in respect of that week shall
be paid by the former employer.
(4) The sum to be contributed out of the Consolidated Fund under this article and under article 10, shall be paid in such manner
as the Minister responsible for finance may, from time to time, determine.
Contributions by employed persons and employers. (Class One contributions). Amended by: XVI.1990.5.
(2) Notwithstanding any contract or agreement to the contrary, an employer shall not be entitled to deduct from the wages or other
remu ner a ti on of an y per s on em pl oy ed b y hi m, o r ot her w i s e t o reco ve r fro m suc h a p erson t he co nt ri bu ti
o n pay abl e by h im in respect of that person; and any employer who deducts or attempts to deduct the whole or any part of the
contribution payable by him in respect of any such person from the wages or other remuneration of that person, shall be guilty of
an offence under this Act and shall be liable, on conviction in respect of each such offence, to a fine (multa).
(3) Where an employed person receives any wages or other p ecun i ary remu nerati on from his em ploy er, th e amoun t of
any co nt rib u ti on paid by t h e empl oyer on behalf of th e emplo y ed person shall, notwithstand ing the prov isions of any
law or any contract or agreement to the contrary, be recoverable by means of ded u ct io ns fr om th e w a ges of t h at p e rso
n or fr om an y ot her remuneration due from the em ploy er to that p e rson and not otherwise:
Provided that no such deduction may be made from any wages
or remuneration other than such as are paid wholly or partly in respect of the contribution week or part of the contribution week
for which the contribution is payable.
(4) Where an employed person does not receive any wages or other pecuniary remuneration from his employer but receives such r e
m unerati on fr om so me o t her perso n , t h e amo u n t o f an y co ntri bu tio n paid by th e em plo y er o n behalf of the
emp l o y ed person shall (without prejudice to any other means of recovery) be recoverable by the said employer as a civil debt
from the other person from whom the employed person was receiving his wages or o t h e r pecuni ar y r e mu neratio n pro v id ed
pr oceed i ng s for th is purpose are instituted within twelve months from the date on which the contribution was payable.
(5) Notwithstanding the foregoing provisions of this article, where an employer has failed or neglected to pay any Class One
contributions which he is liable to pay under this Act, upon the l a pse of th e t e n days referred to in art i cle 116(2), and
i f the employer concerned is still failing or neglecting to pay any current contributions due under this Act, the Director may,
by notice served on the employer, and on any person employed by such employer, direct that the contributions payable by such employed
person shall not, from such date as may be indicated in the notice, be withheld and paid by the employer, and that thereupon such
contributions due after th at date shall be pa yable directly by such employed person t o th e Di rec to r in su ch manner and at
suc h time s as the Director may determine.
(2) For every contribution payable by a self-employed or self- occup i ed person under this Act, ano t her contribution shall
be payable out of the Consolidated Fund.
(3) The rates of contributions payable under this Act by a self- employed or self-occupied person shall be those specified in Part
II and Part III respectively of the Tenth Schedule to this Act for the four months ending on the last day of April, August and December
of each year: except where the self-employed person concerned had, up to the 3rd January, 1988, elected to pay a higher rate of
contribution than that which would otherwise have been payable by him as aforesaid; sohowever that, such election shall, nonetheless,
cease to have effect from the 4th January, 1988.
(4) The contribution payable out of the Consolidated Fund under this article shall be equivalent to 50% of the contribution
Payment of Class One contributions. Amended by: II.1999.4.
Contributions by self-employed persons. (Class Two contributions). Amended by: XIV.1988.4; XXI.1996.5.
paid by the self-employed or self-occupied person concerned.
Payment of Class Two contributions. Amended by: XXI.1996.6; II.1999.5.
Exemption from payment of Class Two contributions. Amended by:
XXI. 1996.7; III. 2005.4;
L.N. 424 of 2007; XXXII. 2007.42.
S.L. 409.10
Cap. 409.
(i) €1470 in the case of a married man who is wholly maintaining his wife and who is not herself self-occupied
or in insurable employment; or
(ii) €1,005 in the case of any other person;
shall be entitled, on making an application to the Director, to receive a certificate of low income valid for twelve months
and while he holds such a certificate, and as long as there is no relevant change in circumstances, he shall be exempted from the
payment of Class Two contributions. So however, that such self-employed person may opt to pay a Class Two contribution at
the SP category in the case of a single person, and at the SA category in the case of a married person, in lieu of a certificate
of low income.
(2) If a person in respect of whom subarticle (1) applies is a married person who is legally separated and who is not gainfully
occupied, then such person may opt to have any maintenance paid to him by the other spouse excluded from the calculation of means
made in accordance with the provisions of Part I of the Second Schedule.
(3) If a person in respect of whom sub-article (1) applies fails to renew such certificate within three months of its expiry,
such person may, at the discretion of the Director, become liable to pay a Class Two contribution at the SP category in the case
of a single person, and at the SA category in the case of a married person, payable within such time as may be fixed by the Director.
(4) A self-occupied person who, in accordance with the provisions of this Act, is liable to pay a Class Two contribution
on his net earnings may, if such person so elects, be exempted from the payment of a Class Two contribution on earnings derived from
the provision of services as a host family:
Provided that for the purposes of this subarticle, the term
''host family'' shall have the meaning assigned to it by the Host
Family Accommodation Regulations made by virtue of the M alta
Travel and Tourism Services Act.
(a) is employed under a contract of service outside Malta in such manner that he is not in insurable employment, and
(b) retains his ordinary residence in Malta,
may, at his request and with effect from such date, not being later than the date of such request, as the Director may determine,
instead of paying a Class Two contribution, pay a Class One contribution; and, for this purpose, no contribution shall
be payable by or on behalf of or in respect of his employer.
(2) The contribution payable under sub-article (1) of the article shall be paid in the same form and manner and at the same intervals
as fo r co nt rib u t i o n s pay a ble by sel f-emp lo yed p e r s on s i n accordance with article 11; and such contributions
shall remain p a y a bl e in r e spect of any perio d du ring whi c h the cond iti ons specified in sub-article (1)(a) and (b), continue to apply.
Payment of the Class One contribution by persons employed outside Malta. Amended by: XIII.1991.3.
Provided that the Director shall not give his approval unless the applicable rate of Class Two contributions as payable by the self- occupied person himself exceeds the aggregate applicable rate of Class One contribution payable by the employer and by the employed person; and he shall revoke such approval with effect from such date which he determines to be the date on which the said condition ceases to be satisfied.
Payment of a Class
Two contribution
in lieu of a Class
One contribution.
Amended by:
XXI.1996.8.
(2) Repealed by Act II. 2004.18.
(3) For the purposes of subarticle (1), "outworker" means a person engaged to perform services in the physical manufacture
of any article in his own time and in a place not provided by the person with whom he is so engaged, and who is remunerated at
piec e rates, and " G overnment impresse d vehicle" mea n s a n y vehicle which is impressed by Government in accordance
with any procedure which is laid down by Government for this purpose.
Contributions by certain categories of persons. Amended by:
XIII. 1991.4; VIII. 1992.4; XXI. 1996.9’ II. 1999.6;
II. 2004.18; XXXII. 2007.44.
Cap. 452.
(4) With effect from the 5th January, 1998, a self-occupied perso n who is engaged as a casual so ci al assistant b y
the Department for the Care of the Elderly, shall be entitled to retrieve from the Di rect or, Care of t h e Elderl y, th e equivalent
of th e increase in the rate of the social security contribution payable by such person as a result of the cost-of-living increase
awarded by Government in the rate of the national minimum wage as is payable to persons of eighteen years of age or over under the
provisions of the Employment and Industrial Relations Act.
(5) With effect from the 7th January 2008, an employer who employs a severely disabled person or a visually impaired person in
terms of this Act, shall be entitled to receive from the Government a n am ou nt corresp on di ng to t h e sh are of so ci
al sec u ri ty contributions paid by the said employer in terms of this Act for the first 156 weeks of employment of the said person.
(6) With effect from the 7th January 2008, a person who is a severely disabled person and who employs a person as a carer shall
be entitled to receive from t h e Government an amount corresponding to the share of social security contributions paid by
such person as an employer in terms of this Act.
(7) With effect from the 7th January 2008, a person who - (a) is over 45 years of age; and
(b) has not been in gainful occupation for a minimum of
five consecutive years; and
Cap. 441. (c) has obtained a licence in accordance with the Trading
Licences Act to carry out a self-occupation,
shall be entitled to receive fr om the Governme nt an amount corresponding to the amount of contributions payable under this Act from
such self-occupation for the first 52 weeks.
Crediting of contributions. Amended by: XX. 1987.4; XVI. 1990.6; XIII. 1991.5; VIII. 1992.5; XXI. 1996.10; II. 2002.61; XIX. 2006.3;
XXXII. 2007.45.
Cap. 147 -
Repealed.
(2) Contributions shall be credited to -
(a) a widow, where such widow is not gainfully occupied, and whether she is entitled to a pension in respect of widowhood or not,
for any period during which she does not remarry and provided her deceased husband had paid 156 contributions prior to his death;
(b) with effect from the 5th January, 1987, an ex-member of the Malta Police Force or of the Armed Forces of Malta who retires or
has retired from the service on a full pension from Government as his employer on
completion of service prior to reaching pension age, for any period during which he is not gainfully occupied and has not
yet reached pension age;
(c) any citizen of Malta who goes abroad as a volunteer worker on projects in the areas of human welfare and development and environmental
protection which are recognized as such by the Minister in advance, for any period during which he is performing such volunteer
work and has not yet reached pension age; sohowever that, for this purpose, any such number of credited contributions shall
in no case exceed an aggregate of
260 in any period of 10 years in such volunteer work:
Provided that where any such volunteer work as aforesaid in this paragraph was performed between the
5th January, 1981 and the 6th January, 1991 the foregoing provisions of this paragraph shall also apply
if the Minister is satisfied that the projects on which such volunteer work was performed were restricted to the areas aforesaid in
this paragraph; sohowever that
any credited contributions that have to be awarded in accordance with the foregoing provisions of this paragraph shall
cover consecutive periods starting
from the 6th January, 1991 backwards;
(d) the father or the mother, who have attained the age of eighteen years and born on or after the 1st January
1962, has the legal care and custody of a child who has
not attained the age of six years, or the age of ten years in the case of a child who has been certified by a medical consultant
as suffering, during the period for
which the credit is being requested, from a serious disability:
Provided that the sum total of such credited contributions which may be given with regard of each child to a parent
or to both parents together shall not exceed 104 contributions in any period of two years:
Provided further that in the case of a parent who, to the satisfaction of the Director, presents a certificate from a medical consultant
of a child suffering from a serious disability during such period for which credits are requested, the sum total of such credited
contributions that may be awarded in respect of each and every such child shall not exceed 208 contributions in any period of four
years:
Provided also that such credits shall only be awarded insofar as, prior to the pension age, such father or mother, as
the case may be, resumes gainful occupation for a minimum period equivalent to that period for which such number of
credits would have been awarded; sohowever that, in the event of the death of any such parent, such credits shall still
be awarded notwithstanding that the minimum period required in terms of this proviso for the award of such
Cap. 343.
credits has not been satisfied.
(3) A contribution shall also be credited to any insured person -
(a) for any calendar week for each day of which in terms of articles 18, 28 and 30 he is entitled to Sickness Benefit, or
Injury Benefit, or Unemployment Benefit, or Special Unemployment Benefit, or for any calendar week during which he is entitled to
Invalidity Pension, Increased Invalidity Pension or, prior to reaching pension age, a National Minimum Pension under
article 26, or for any calendar week during which he is entitled to a Carer ’s Pension under article 68 and at any time prior
to his becoming entitled to a Carer ’s Pension as aforesaid in this paragraph was employed in insurable employment or was
self-occupied and immediately prior to his becoming entitled to such Carer ’s Pension had -
(i) paid a total of 156 contributions; and
(ii) paid or been credited with an average of at least
20 contributions per annum;
since attaining his 18th birthday;
(b) if he is normally employed in insurable employment or self-occupied and normally relies on such employment or self-occupation
for his livelihood, for any calendar week each day of which is for him a day of incapacity for work or, a day of unemployment
and either registered under Part One of the Register kept in accordance with the provisions of the Employment and Training Services Act, or certified by the Corporation established by the Act aforesaid to be unemployable and for this reason is registered under Part
Three of the said Register:
Provided that the provisions of this paragraph shall not apply where -
(i) had such person not been self-occupied immediately prior to his incapacity for work, he would not have become
entitled to a certificate of low income under and in accordance with the provisions of article 12;
(ii) such person had not been in insurable employment of self-occupation or registered under Part One of the Register kept in accordance
with the provisions of the Employment and Training Services Act, or certified by the Corporation established by the Act aforesaid to be unemployable, and for this reason is registered under Part
Three of the said Register, immediately before his entitlement to a credit in terms of this paragraph;
(c) for any calendar week falling between 1st April, 1978, and 5th January, 1990, during which he would have
been entitled to an Invalidity Pension were it not for the fact that such pension had been fully abated in accordance with
the provisions of that Act as in force up to the 5th January, 1990;
(d) for any calendar week, with effect from the 7th January
2008 where such insured person ceases to register under the Part 1 Register established under the Employment
and Training Services Act, to take up temporary work for a period not exceeding thirteen consecutive weeks
and where, for such period of temporary work, a contribution in terms of this Act is not due.
(4) A contribution credited under this article for any calendar week shall be -
(a) a Class Two contribution if it is credited on the ground that the person -
(i) is a widow to whom sub-article (2)(a) applies; or
(ii) is entitled to Sickness Benefit or to Injury Benefit or to an Invalidity Pension or to an Increased Invalidity
Pension or, prior to reaching pension age, to a National Minimum Pension, or to a Carer ’s Pension, and when last gainfully
occupied prior to becoming entitled to such benefit or pension as aforesaid in this sub- paragraph was a self-occupied
person;
(iii) is entitled to such a credited contribution in virtue of sub-article (3)(c) and (d) and immediately prior to his becoming an invalid was a self-occupied person;
(b) a Class One or a Class Two contribution if awarded in terms of subarticle (2)(d), as the case may be;
(c) a Class One contribution in any other case;
Provided that a credit awarded in terms of subarticle (2)(d) shall only be valid for the purposes of awarding a pension in terms of Part IV and Part V of this Act.
(5) Where a contribution is credited under this article only one cont ribution shall be credited to a person for any one cale
nd ar week, and no contribution shall be credited for any one calendar week for which a Class One or a Class Two contribution is
payable by or in respect of him under this Act.
(6) A contribution which prior to the 3rd day of April, 1978 had been cred ited as a Class Th ree contribut ion u nder t h e provisions
of the National Insurance Act, as in force up to that date shall be deemed to be a credited Class Two contribution in respect of
a person who was not self-occupied.
Cap. 147 - Repealed.
Contributions vis-
à-vis entitlement to
certain benefits and
pensions.
Amended by:
XIII. 1991.6;
VIII. 1992.6;
XXXII. 2007.46;
IV. 2011.29.
30 shall be as set out in the Eleventh Schedule to this Act.
(2) The contribution conditions for the payment of a pension under article 26, Part IV (other than a Survivor ’s Pension) and
Part V (other than a Two-Thirds Pension) of this Act shall be as set out in the Eleventh Schedule to this Act.
(3) For the purposes of determining whether a person is entitled to any one of the benefits referred to in sub-article (1), insofar
as contributions are concerned -
(a) Class One contributions paid at any time in respect of fictitious employment and any Class One contributions credited in accordance
with article 16(4)(b) in virtue of sub-article (2)(b) of the said article 16 shall not be taken into account;
(b) Class Two contributions, whether paid or credited, shall not be taken into account in connection with -
(i) any claim for Unemployment Benefit, or Special
Unemployment Benefit; and
(ii) any claim for Sickness Benefit, unless the Director is satisfied that such contributions had been paid in respect
of periods during which the person concerned was self-occupied;
(c) Class One and Class Two contributions paid, for any period following January 7, 2008, by any person in receipt of a pension
under Part V of this Act shall not be taken into account.
(4) For the purpose of determining whether a person is entitled to any one of the pensions referred to in sub-article (2), insofar
as contributions are concerned -
(a) Class Two contributions deemed to be so by virtue of article 4 and of article 16(5), Class Two contributions which have not been
paid from a gainful activity, Class One contributions credited in accordance with article
16(4)(b) in virtue of sub-article (2)(b) of the said article 16 and Class Two contributions credited in accordance with article 16(4)(a)(i) shall not be taken into account in connection with any claim for a pension under article 26;
(b) Class One contributions paid at any time in respect of fictitious employment shall not be taken into account in connection with
any claim for a pension (other than a pension payable under Part IV of this Act) referred to in sub-article (2) save as provided
for in article 55;
(c) Class One and Class Two contributions paid for any period following January 7, 2008 by any person in receipt of a pension
under Part V of this Act shall not be taken into account for the reassessment of any pension under Part IV and Part V of this Act.
(5) Where a person would be entitled to a pension payable under the articles referred to in sub-article (2) but for the
fact that the relevant contribution conditions are not satisfied as regards the yearly average of contributions paid or credited,
that person shall nevertheless be entitled, if the said yearly average is not less than
20, to a p ension of that kind at t he reduced rat e specified for a pension of that kind in the Twelfth Schedule to this Act.
(6) For the purposes of this article, insofar as contributions are concerned, any Class One contributions paid by an insured person
in any contribution year under the proviso to article 7(2)(a) shall be multiplied by:
(a) the proportion of the actual total value of contributions paid by the employee and the employer during a contribution
year, in accordance with Category B of Part 1 in the Tenth Schedule to this Act, bears to the full value of contributions that
would have been due under the provisions of this Act during the said contribution year, had the employee concerned
not opted to pay his contributions according to article
7(2)(a); and
(b) for the purposes of determining entitlement to any benefit, pension, grant or allowance, the resulting number
of such weighted contributions for that contribution year as calculated in terms of paragraph (a) of this subarticle, shall be considered as the actual number of contributions paid by and in respect of the employee during the
said contribution year for such benefit, pension, grant or allowance under this Act.
(7) For the purposes of this article, insofar as contributions are concerned, any Class Two contributions paid by an insured part-
time female self-occupied person in any contribution year after the
3rd January 2011 at a rate which is below the maximum rate for category SA established in Part III of the Tenth Schedule, shall be
multiplied:
(a) by the proportion of the actual total value of pro-rata SA contributions paid by the part-time self-occupied person during a
contribution year, in accordance with Part III in the Tenth Schedule, bears to the full value of contributions that would have
been due under the provisions of this Act during the said contribution year, had the self-occupied person concerned not
opted to pay a pro-rata contribution according to the Tenth Schedule; and
(b) for the purposes of determining entitlement to any benefit, pension, grant or allowance, by the resulting number of
such weighted contributions for that contribution year as calculated in terms of paragraph (a), and shall be considered as the actual number of contributions paid by and in respect of the self- occupied person during
the said contribution year for such benefit, pension, grant or allowance under this
Act.
Sickness Benefit.
Amended by:
XX. 1987.5;
XVI. 1989.4;
XIII. 1991.7;
VIII. 1992.7;
XXV. 1994.2;
XXVII. 1995.2;
XXI. 1996.11;
VI. 2006.3.
PART III
BENEFITS, ALLOWANCES AND PARTICULAR PENSIONS
Provided that in any uninterrupted period of incapacity for work, the maxi mum number o f co nsecutive days in respect of which Sickness
Benefit may be paid shall, in no case, exceed six:
Provided further that where an insured person becomes entitled to benefit as aforesaid in this sub-article, if his spell of
incapacity for work ext e nds into a new ben e fit year wh ich is related, in terms of the Eleventh Schedule, to two consecuti
ve contribution years during which less than twenty contributions had been paid or credited in his respect, such person shall, nonetheless,
but save as provided for in sub-articles (5) and (6), remain entitled to Sickness Benefit as aforesaid in this sub-article till the
last day of such spell of incapacity for work.
(2) Such Sickness Benefit shall not be paid for the first three days of each spell of incapacity for work in respect of which
it would otherwise be payable in terms of sub-article (1) hereof.
(3) A self-employed person shall not be entitled to Sickness Benefit unless the Director is satisfied that the person making the
claim for such benefit is normally self-occupied and would have been self-occupied but for that incapacity.
(4) For the purposes of this article, a day shall not be treated as a day of incapacity for work unless the person concerned proves
to the satisfaction of the Director that he is incapable for work on that d a y by reason of so m e sp ecific di sease o r bo dil
y or m e n t al imp airm en t or t h at he is un der treat ment or o b serv ati o n fo r a disease or a bodily or mental impairment
as aforesaid.
(5) Save as provided for in paragraph (c) of the proviso to article 106, Sickness Benefit shall be paid for any day of incapacity for work but shall not exceed in the
aggregate a maximum of 156 days in any calendar year; sohowever that where the person making a claim for such benefit -
(a) undergoes any major surgical operation or intervention or suffers a severe injury or is afflicted by some serious disease
which requires a long treatment before such person may resume work, payment of Sickness Benefit as aforesaid in this sub-article
may be approved by the Director for any further number of
days, not exceeding 156, beyond the limit aforesaid in this sub-article as may be deemed fit by the Director in the circumstances
of the case and provided that in any such case the aggregate maximum number of days payable by way of Sickness Benefit within
any two- year period, calculated on a calendar basis, shall not exceed 468; and
(b) has previously been paid any benefit under the provisions of this article or any Unemployment Benefit
or Special Unemployment Benefit under the provisions of article 30, the grand total of benefit days by way of these benefits added
together shall, in no case, exceed at any time the grand total number of reckonable contributions paid by the
person concerned:
Provided that if the person making a claim for such benefit is disqualified from receiving such benefit in accordance with sub- arti
cle (6 ), such person shall hav e his entit lement to Si ck ness Benefit for that calendar year during which the disqualification
is imposed reduced by the number of days of such disqualification.
(6) A person shall be disqualified from receiving Sickness
Benefit for any period as may be decided by the Director -
(a) if he has refused medical examination as may have been required by the Director or, without good cause, failed to attend
for, or to submit himself to, such medical examination as may have been required by the Director or, without a good medical
reason, failed to submit himself to such medical treatment as may have been appropriate in his case; or
(b) if he has behaved in a manner likely to retard his recovery; or
(c) if he is absent without good cause from his place of residence.
19. Medical Assistance shall be of the following kinds: (a) Sickness Assistance;
(b) Leprosy Assistance;
(c) Tuberculosis Assistance; (d) Free Medical Aid;
(e) Milk Grant.
Types of Medical
Assistance.
(a) he, or a member of his household, is suffering from a disease, or is in a condition, mentioned in Part I of the Fifth Schedule to this Act, which could be alleviated or cured by a special diet or regimen which requires an
Sickness Assistance. Amended by: XVI. 1989.5; XVI. 1990.7; XXV. 1994.5; XXI. 1996.12; II. 2004.19.
expenditure not normally incurred by the household, and the person in respect of whom such assistance is claimed is neither an
employed person nor a self- occupied person; sohowever that, in the case of a person who on the date of claim for such
assistance is suffering from chronic schizophrenia, whether or not this condition could be alleviated or cured by a special diet
or regimen, entitlement to Sickness Assistance would still accrue if the person who is suffering from such a condition proves
to the satisfaction of the Director that he has been undergoing regular treatment for such a condition for at least 3 years
and that within the 3 months immediately prior to his claim for such assistance his condition had been investigated by a psychiatrist
who is or was a consultant psychiatrist in Government employment and certified by the said psychiatrist to be suffering from
such a condition;
(b) the total weekly means of all the members of his household calculated in accordance with the provisions
of Part II of the Second Schedule to this Act do not exceed the scale rate for that household as determined by the Seventh
Schedule to this Act.
(2) A head of household who is in receipt of Social Assistance or an Age Pension or a Carer ’s Pension under this Act, shall
be deemed not to have me ans exce eding the sc ale rate for that household as aforesaid.
(3) The right of any member in respect of whom Sickness
Assistance is payable shall be extinguished:
(i) from the first day of admission to a State Financed Residential service, wherein the resident is being provided with
level 2 care as specified by the Minister by notice in the Gazette; and
(ii) from the first day following the day on which, notwithstanding the fact that he has been medically discharged
from such an institution as specified by the Minister in the Gazette, he becomes a resident of any other state financed institution.
Leprosy
Assistance.
(2) Where such head of household has been continuously in receipt of Leprosy Assistance since the 14th April, 1975 at the rate
applicable on that date, he shall continue to receive such assistance at that rate, as long as he is not entitled to a higher rate
of Leprosy Assistance in terms of the provisions of this Act.
(3) Sub-article (2) shall not apply where there has been a change of circumstances in the household.
(a) on account of bodily or mental impairment, sickness or disease, which does not require treatment in a hospital, he or any member
of his household is in need of medical, surgical or pharmaceutical aid; and
(b) the total weekly means of all the members of his household calculated in accordance with the provisions
of Part III of the Second Schedule to this Act do not exceed the scale rate for that household, as determined by the Eighth Schedule
to this Act:
Provided that the Chief Government Medical Officer shall consult, before forming his op inion, with one or more medical consultants
drawn from a panel appointed by the Minister:
Provided further that, where the person concerned is suffering from A u to -Imm u n e En teropat h y as certi fi ed by a co nsul tant
Paediatrician, the Free Medical Aid referred to above shall include Total Parenteral Nutrition.
(2) Where the person in need of such aid is not the head of hou seho ld or h is wife, t he head of su ch hou seho ld shal l not
b e entitled to Free Medical Aid if the weekly means of the person in respect of whom such aid is required, calculated as if he formed
a h ousehol d of hi s o w n, exceed the scale rate for one person as determined by the aforementioned Eighth Schedule.
(3) The condition set out in sub-article (1)(b) shall not apply when the person in respect of whom Free Medical Aid is required is suffering from tuberculosis, leprosy or poliomylitis
or afflicted by diabetes mellitus or the after effects of any such diseases or from one of the diseases or conditions specified in
Part II of the Fifth Schedule to this Act.
Tuberculosis Assistance. Amended by: II. 2002.62.
Free Medical Aid.
Amended by:
XIII. 1991.8;
XXV.1994.2,6.
Milk Grant.
Amounts payable by way of assistance. Amended by:
II. 2002.63.
Pensions in respect of invalidity. Amended by:
XVI. 1990.8; XIII.1991.9;
VIII.1992.8; XXV.1994.2; XI.2000.14;
VI. 2006.4; XIX. 2006.4.
Cap. 343.
Ninth Schedule to this Act.
(a) such person has been incapable, in accordance with this Act, for suitable full-time or regular part-time employment or self-occupation
by reason of a serious disease or bodily or mental impairment (other than mild mental disorder or disturbance) for not less
than six months immediately before his claim or where such person is not entitled to a benefit payable in terms of article
18, for such shorter period immediately before such claim as the Director may determine; and
(b) his incapacity as aforesaid is considered by the Director, acting upon the advice of one or more persons
holding the warrant to practise the medical profession appointed by the Minister for the purpose of advising on such cases
in accordance with article
106, to be of a permanent nature or, if its permanency cannot be conclusively established, is considered by the Director after
consultation as provided for in article 106, as prohibiting such person from suitable full-time or regular part-time
employment or self- occupation for not less than one year from the date of claim for such pension and such person shall only
be entitled to receive a pension under this article for such number of years as the Director may determine; and
(c) before his incapacity as aforesaid, he has been continuously in full-time or regular part-time employment
or self-occupation for a period of not less than twelve months, or he was subsequently registered under Part One of the Register
kept in accordance with the provisions of the Employment and Training Services Act, such person was so registered for a period of not less than twelve months; and
(d) on the day immediately preceding his claim for a pension in respect of invalidity, such person satisfies the relevant
contribution conditions as specified in article 17.
(2) Where a person is entitled to a Service Pension -
(i) with effect from the first Saturday of January,
1992, if his Service Pension and the rate of Invalidity Pension applicable in his case together exceed two-thirds
of his pensionable
income, such a person shall be entitled to an
Invalidity Pension; or
(ii) if his Service Pension and the rate of Invalidity
Pension applicable in his case together do not
exceed two-thirds of his pensionable income, such a person shall be entitled to an Increased Invalidity Pension or such part
thereof as shall ensure that the aforementioned two-thirds are not exceeded; or
(iii) if the date of first entry in insurable employment of such person falls on or after the 1st day of April, 1978, such person
shall not be entitled to an Invalidity Pension but to an Increased Invalidity Pension or such part thereof as shall
ensure that his Increased Invalidity Pension and Service Pension combined shall not exceed two- thirds of his pensionable income;
or
(iv) if his Service Pension together with the rate of Invalidity Pension or Increased Invalidity Pension applicable
in his case is less than the rate of the National Minimum Pension in terms of article 50 or the Guaranteed National
Minimum Pension in terms of article 50A as is applicable in his case, then notwithstanding the provisions of the foregoing paragraphs
of this sub-article, such person shall be entitled to the National Minimum Pension or the Guaranteed National Minimum Pension,
as the case may be, abated by his Service Pension.
(3) For the purposes of sub-article (2), when a person has been in employment for less than thirty years in the aggregate prior
to his becoming an invalid, the references to the proportion of two- thirds shall be substituted by references to the proportion
that the n u mb er o f co mpl e ted mon t h s of serv ice bears to 54 0. Wh en ho weve r the proportion wh ich the Service Pension
of a person bears to his wage or sal ary and o t her pensionabl e em olum ents immediately bef o re his becoming an invalid is higher
than the proportion computed as aforesaid, the references to the proportion of two-t h irds shall be substitute d by references to
such higher proportion, but shall in no case be subst ituted by a propo rtion higher than two-thirds.
(4) Where any of the posts on which the pensionable income of a person is to be computed no longer exist, it shall be substituted
by such analogous post in the Government service or in any parastatal or g a ni za ti on wh ic h carrie d a wa ge o r sal a
ry m o st ne arly corresponding to that of the post in question at the time when it was last occupied by the pensioner.
(5) For the purposes of this article, in calculating the pensionable income referred to in sub-article (2)(i),
(ii) and (iii), the provisions of article 58 shall also apply.
(6) A person born on or before the 31st December 1961 who is not entitled to a Service Pension shall be entitled under this article
to a National Minimum Pension, the highest rate of which shall be equivalent to -
(a) in the case of a married man who is maintaining his
Cap. 452.
wife, four-fifths, and
(b) in the case of any other person, two-thirds,
of the national minimum wage as is applicable to persons of 18 years of age or over established by a National Standard Order
issued under the Employment and Industrial Relations Act during the period in respect of which the pension is due.
(7) A person born on or after the 1st January 1962 who becomes invalid in terms of this Act and who is not entitled to
a Service Pension shall be entitled to a Gu aranteed National Minimum Pension in terms of article 50A.
(8) Any pension arrived at in accordance with the provisions of this article, shall, where the pensioner concerned or his wife,
as the case may be, is an inmate of a state-owned hospital or institution in accord an ce with article 9 3 , b e ap po rtio ned i
n su ch for m and manner as provided for in the said article 93.
(9) Any pension payable under this article shall be reassessed annually from the first Saturday of the year of the reassessment
by su bstitu ting for the pension a bl e income the aggregate of such pensionable income and such ot he r am ou nt as in di cate
d in paragraphs (i) or (ii), as the case may be, of article 59(3); and for this pu rp ose the word "retir ement" therein
shall have the sa me meaning as the words "his becoming an invalid in terms of this Act".
(10) Save as provided for in article 110, a pension payable under this artic le shall be reviewed on the medical aspect every three
years or earlier as the Director may determine.
Disability Pension and Pension for the Visually Impaired. Amended by:
XX. 1987.6; XIV. 1988.5;
XVI. 1989.6; XVI. 1990.9;
XIII. 1991.10; VIII. 1992.9; XXIV. 1993.4;
XXV. 1994.2,7; XXVII. 1995.3; XXI. 1996.13;
II. 1999.7; II. 2004.20; III. 2005.5.
Cap. 452.
(a) has attained the age of sixteen years; and
(b) is certified to be suffering from a mental severe subnormality or to be a severely disabled person in accordance
with the provisions of this Act, or to be suffering from cerebral palsy; and
(c) shows to the satisfaction of the Director that -
(i) he is a citizen of Malta and normally resides in
Malta; and
(ii) his weekly means, calculated in accordance with the provisions of Part V of the Second Schedule, do not exceed the national
minimum wage as applicable to persons of eighteen years of age or over established by a National Standard Order under the Employment
and Industrial Relations Act;
shall be entitled to a Disability Pension under this Act and the highest rate of which, including any increases in terms
of the provisions of article 90, shall be such in accordance with Part III of the Sixth Schedule and with the provisions of subarticle
(3).
(2) Subject to the provisions of this Act, a visually impaired person who -
(a) has attained the age of fourteen years; and
(b) produces such certificates regarding his visual impairment, as the Director may, in particular cases, require;
and
(c) shows to the satisfaction of the Director that -
(i) he is a citizen of Malta and normally resides in
Malta; and
(ii) his weekly means calculated in accordance with the provisions of Part V of the Second Schedule to this Act do not exceed the
national minimum wage as is applicable to persons of eighteen years of age or over established by a National Standard order
issued under the Employment and Industrial Relations Act;
shall be entitled to a Pension for the Visually Impaired under this
Act in accordance with the provisions of sub-article (3).
(3) A person who becomes entitled to a pension under sub- article (1) or (2) shall, if his weekly means calculated as aforesaid
in this article -
(a) do not exceed the equivalent of the difference between the aforesaid the national minimum wage as is applicable
to persons of eighteen years of age or over established by a National Standard Order issued under the Employment and Industrial Relations
Act and the rate of pension applicable in his case in accordance with Part III of the Sixth Schedule to this Act, be entitled
to a pension in accordance with the aforementioned Part III; or
(b) exceed the equivalent of the difference between the aforesaid the national minimum wage as is applicable to persons of eighteen
years of age or over established by a National Standard Order issued under the Employment and Industrial Relations
Act and the rate of pension applicable in his case in accordance with Part III of the Sixth Schedule to this Act, be entitled to such
rate of pension as shall ensure that such pension and his weekly means calculated as aforesaid in this article together do not exceed
the national minimum wage as is applicable to persons of eighteen years of age or over established by a National Standard Order
issued under the Employment and Industrial Relations Act:
Sohowever that, saving the provisions of article 96 and of the second prov iso to paragra ph 4 of Pa rt V of th e Second Schedule,
where a married person and the spouse both qualify for a pension under the provisions of this article or of article 66, any such
pension as is payable to one of the spouses shall cease to be
Cap. 452.
Cap. 452.
Cap. 452.
Cap. 452.
payable:
Provided further that with effect from the 1st January, 2005, where a married person qualifies for a pension under the provisions
of this ar ticle, the app licable rate shall be t h at p a yable in accordance with Part III of the Sixth Schedule.
(4) Revoked by Act II. 2004.20.
(5) For the purposes of sub-articles (1) to (3), the national minimum wage as is applicable to persons of eighteen years
of age or over established by a National Standard Order issued under the Employment and Industrial Relations Act referred to for whatever purpose therein, shall automatically be increased from time to time, as the case may be, by the applicable
wage increases taking effect from 1st April, 1989, that may be required by law to be awarded generally.
Injury Benefit. Amended by: II. 1999.8;
III. 2005.6.
Provided that notwithstanding the fact that any such disease may not be specified in the said Fourth Schedule to this Act, Injury
Benefit may nonetheless be payable if the Director is satisfied that the disease developed due to the nature of his work:
Provided further that where a person -
(i) is disqualified from receiving Injury Benefit in accordance with sub-article (6), he shall have his entitlement to such
benefit reduced by the number of days of disqualification;
(ii) is found to be suffering from pneumoconiosis, accompanied by pulmonary tuberculosis, the effect of tuberculosis shall
be treated, for the purposes of the disease specified in the Fourth Schedule to this Act, as if they were the effects of the
pneumoconiosis.
(2) Subject to the provisions of article 92, Injury Benefit shall not be payable in respec t of a n accident happe ning to a person
while he is outside Malta, unless the accident arises out of or in the course of his employment or self-occupation as is specified
in article 13 or in the proviso to paragraph 1 of Part I of the First Schedule to this Act or in paragraph 2 of the said Part I of
the First Schedule.
(3) An accident happening to a person while he is -
(a) travelling as a passenger to or from his place of work in any vehicle (including a ship, vessel or aircraft)
which is in any way provided or paid for directly by his employer; or
(b) anywhere within the precincts of the premises or place where he is usually employed or self-occupied, and the cause of the accident
is directly connected with the work being carried out in those premises or in that place;
shall be deemed to arise out of or in the course of his employment or self-occupation.
(4) An accident happening to a person in or about any place of work at which he is for the time being employed for the purposes
of his employer ’s trade or business or self-occupied shall be deemed t o arise o u t o f or i n th e cour se of his employment
or self- occupation if it happens while he is taking steps on an actual or supposed emergency at that place of work to rescue, succour
or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage
to property.
(5) The Injury Benefit payable under this article shall be paid in respect of any day (excluding any day on which, whether incapacitated
or not, such person would not have been required to attend to work in the normal course of his duties) and during which as a result
of the relevant injury, the person concerned is incapable of work during the period referred to in sub-article (1):
Pro vid ed that no Inj ury Benefi t shall be p aid f or the f ir st three days of every spell of such incapacity for work:
Provi ded fu rth e r that in any un in terrup ted peri od of incapacity for work, the maximum number of consecutive days in resp ect
of wh ich I n ju ry Be nef it m a y b e p a id shal l, i n no case, exceed six.
(6) A person shall be disqualified from receiving Injury Benefit for any perio d as may be deem ed fit by the Director in the
cir c ums t a n ce s of t h e ca s e for t h e sa me r ea s ons as indi ca te d in article 18(6)(a), (b) and (c), and where it has been proven that the person concerned has acted negligently by disregarding any safety precautions that he was
obliged to take in terms of the Occupational Health and Safety Authority Act, thereby causing the accident that resulted in the injury:
Provided that where it is proven that the employer was in breach of any of the provisions of the Occupational Health and Safety Authority Act, the Director may claim from the employer any benefit paid to the insured person relating to such accident.
(7) For the purposes of sub-article (2) to (6) -
(i) "injury caused by accident" includes the development of any one of the diseases specified as aforesaid
in this article; and
(ii) "accident arising out of or in the course of his work" includes the onset of any such disease which is due
to the nature of one’s employment
Cap. 424.
Cap. 424.
Injury Grant and Injury Pension. Amended by:
XX. 1987.7; XXV.1994.2.
or self-occupation.
Provided that a person shall not be entitled to receive an Injury Grant or Injury Benefit under this article and Injury Benefit under
article 28 at the same time:
Provided further that for the purposes of this article there shall be deemed not to be any loss of faculty at any time when the ext
e nt o f t h e resul ting bod ily or m e ntal im pairm e nt woul d be assessed in accordance with the following provisions of this
article at less than 1%.
(2) In assessing the extent of the bodily or mental impairment aforesaid in this article, the medical panel or the medical officer
appointed by the Minister for this purpose, from time to time, shall take account of all such bodily or mental impairments (whether
or not involving loss of earning power or additional expense) to which the claimant may be expected to be subject as compared with
a person of the same age whose physical and mental condition is normal, but excluding any other particular circumstances with regard
to his financial means or resources.
(3) An assessment shall state the degree of bodily or mental impairment in the form of a percentage which shall be determined by
the aforesaid medical panel or the medical officer, and where the extent of such bodily or mental impairment is assessed at less
than
20%, the insured person concerned shall be entitled to Injury Grant in accordance with Part II of the Third Schedule to this Act,
and
where the extent of such bodily or mental impairment is assessed at
20% or more, but not exceeding 89%, the insured person concerned shall be entitled to Injury Pension, the highest rate of which shall
be paid in accordance with Part III of the said Third Schedule to this Act; sohowever that, for any extent of such bodily or mental
impairment between 20% and 89% the rate of pension payable shall
be calculated in a proportionate manner, to the nearest whole cent, as the degree of such bodily or mental impairment bears to 89%.
(4) Where the degree of bodily or mental impairment as is referred to in sub-article (3) is assessed at 90% or more the
person concerned shall neither be entitled to an Injury Grant nor to an Injury Pension but shall instead be automatically entitled
to the full rat e o f I n v a li d i t y Pensi o n or I n creased I n v a li di ty Pensi o n or National Minimum Pension, as the
case may be, in accordance with the Twelfth Schedule to this Act.
(5) A person shall be disqualified from receiving any pension u nder thi s art i cle for any peri od as may be d e em ed fit in
the c i rcumsta n c e s of the case by th e Director for the same reason indicated in article 18(6)(a) and (b).
30. (1) Subject to the provisions of this Act, a person who satisfies the relevant contribution conditions and who has not yet reached
pension age, shall be entitled to Unemployment Benefit in accordance with Part I of the Third Schedule to this Act for any day of
unemployment, excluding Sundays, provided he is registered under Part One of the Register kept in accorda n ce with the pro v i
s i ons of th e Emp l o y m e nt and T r ai nin g Services Act ; sohowever that where the insured person is the head of household whose total weekly means (taking account of all the members of
the household) calculated in accordance with Part VI of the Second Schedule to this Act do not exceed the scale rate for that household,
as det e rm ined by the relevant column of Part I of the Sixth S c h e du le t o th is Act, such in sured p e r s on sh al l be
en ti tled t o Special Unemployment Benefit in accordance with Part I of the Third Schedule to this Act in lieu of Unemployment
Benefit; and whether such head of household has been in insurable employment or not, he shall nonetheless be entitled to Social
Assistance in accordance with the provisions of this article:
Provided that -
(i) where a person in respect of whom this subarticle applies becomes self-occupied under and in accordance
with the provisions of any of the Manpower Incentive Schemes announced by Government, he shall nonetheless
remain entitled to the assistance aforesaid during the first twenty-eight weeks of his becoming self-occupied if -
(a) on the day of his becoming self-occupied he is over eighteen years of age but under sixty years of age; and
(b) during the twelve consecutive months immediately prior to the day on which he becomes self-occupied
he had been registered under Part One of the Register as aforesaid in this subarticle;
(ii) where a person becomes entitled to Unemployment Benefit or Special Unemployment Benefit as aforesaid in this subarticle,
if his spell of unemployment extends into a new benefit year which is related in terms of the Eleventh Schedule to this Act
to two consecutive contribution years during which less than 20 contributions had been paid or credited in his
respect, such person shall, nonetheless, but save as provided for in subarticle (2), remain entitled to Unemployment Benefit or
Special Unemployment Benefit, as the case may be, till the last day of such spell of unemployment;
(iii) where a person in respect of whom this article applies, becomes engaged in voluntary community work or engaged in
any public works under any scheme announced by Government for persons who have been registering for work for more than
five years, such person shall, nonetheless, remain entitled to the assistance for
Unemployment Benefit, Special Unemployment Benefit and Social Assistance. Amended by:
XVI. 1989.7; XVI. 1990.10; XIII. 1991.11; VIII. 1992.10; XXIV. 1993.5; XXV. 1994.2,8; XXVII. 1995.4; XXI. 1996.14; II. 2002.64;
II. 2004.21; III. 2005.7; XIII. 2005.32; XIX. 2006.5; II. 2009.23. Cap. 343.
Cap. 343.
the duration of such engagement.
(2) Subject to the provisions of this Act, a person in respect of whom sub-article (1) applies shal l only be entitled to receive
Unemployment Benefit or Special Unemployment Benefit under this article up to a maximum of 156 benefit days; sohowever that, the
grand total of benefit days by way of such benefit or Sickness Benefit added together shall, in no case, exceed at any time the grand
total number of reckonable contributions paid by the person concerned:
Provided that -
(i) where his entitlement to such benefit is exhausted he shall not requalify for such benefit before the lapse
of an aggregate period of thirteen calendar weeks in insurable employment since the last day of his receiving
such benefit; and
(ii) when his entitlement to such benefit is not exhausted but is less than 156 days and he has not been in insurable
employment thereafter for at least an aggregate period of thirteen calendar weeks, he shall only be entitled to receive the difference
resulting between his original entitlement and the number of benefit days already received by way of such benefit.
(3) For the purposes of this article a person shall not be deemed to be unemployed on any day (even though he may be, on any such
day, registered under Part One of the Register kept in accordance with the provisions of the Employment and Training Services Act)-
(a) if he is following any gainful occupation on that day or has done work for which remuneration is ordinarily payable, whether
or not any remuneration has in fact been received;
(b) if he is on holiday;
(c) if, notwithstanding that his employment has come to an end or has been interrupted, he receives, in respect of that day,
wages or any payment by way of compensation for the loss of the remuneration which he would have received for that
day if the employment had not come to an end or been interrupted;
(d) if he does not ordinarily work on every day of the week (excluding Sundays and public holidays) and has, in the
week in which the said day falls, been employed or self-occupied to the full extent normal in his case.
(4) A person who is the head of household and who is -
(a) incapable of work by reason of a serious disease or bodily or mental impairment and would, but for this incapacity, have been
gainfully occupied or registered as unemployed under Part One of the Register kept in accordance with the provisions of the Employment and Training Services Act; or
(b) certified by the Corporation established by the Employment and Training Services Act, to be unemployable; or
(c) over pension age,
shall also be entitled to receive Social Assistance under and in accordance with the provisions of this article notwithstanding
the fact that he is not registered as an unemployed person as aforesaid in sub-article (1).
(5) A head of household who -
(a) is registered under Part Two of the Register kept in accordance with the provisions of the Employment and Training Services Act; or
(b) has in terms of article 13(3) of the Employment and Training Services Act, forfeited his right to register under Part Two of the said Register,
and wh o, had h e been registered under Part O n e of the sai d Register, would have been entitled in accordance with this article
to social assistance, shall nonetheless be entitled to apply for social assistance and have his application referred by the Director
to the Board established under arti cle 1 28, and if t h e Board sh al l determine that social assistance is due to any person on
behalf of that household as provided in article 129, then the person so designated by the Board shall become entitled to social
assistance at such rate as the Board may, in accordance with the provisions of the said article 129, determine:
Provided that, no such claim will be accepted unless the head of household proves to the satisfaction of the Director, in such manner
as the Director may determine, that such head of household is not gainfully occupied.
(6) Subject to the provisions of this Act, the Social Assistance t o wh ich a head of h ousehold is entit led shall b e su ch
weekl y amount as will bring the total weekly means of all the members of his household, who are neither employed persons nor self-occupied
persons in terms of this Act, calculated in accordance with Part VI of the Second Sc hedule to this Act, up to th e scale rate of
that household, as determined by Part I of the Sixth Schedule to this Act; sohowever that -
(a) where in the household there are members, not being the head of household and his wife, who are either employed persons
or self-occupied persons in terms of this Act, such weekly amount of Social Assistance shall be reduced by the difference
obtaining between the scale rate that would otherwise had been applicable
Cap. 343. Cap. 343.
Cap. 343. Cap. 343.
Cap. 343.
Cap. 452.
to the household had such members not been employed persons or self-occupied persons as aforesaid in this sub-article and the scale
rate that is in fact applicable to the household in respect of all the other members of the household; and
(b) where the head of household is entitled to Social Assistance by reason of his being registered under Part One of the Register
referred to in sub-article (1), such Social Assistance shall be payable on a daily basis; and, for this purpose, such daily rate
of assistance shall be arrived at by dividing the aforesaid weekly rate of such assistance by six, but no such assistance shall
be payable in respect of Sundays:
Provided that -
(i) if there are special circumstances in any household the weekly amount of Social Assistance may be
increased by the Director as may be appropriate to meet those circumstances; and
(ii) a head of household in receipt of Social Assistance in accordance with the provisions of this article, who is
engaged as a trainee by the Corporation established under the Employment and Training Services Act on a rehabilitation programme for ex-substance abusers shall, in addition to the allowance paid by the Corporation
during the programme of training, be entitled to receive such rate of Social Assistance so as to ensure that the total
amount received does not exceed the National Minimum Wage as is applicable to a person of eighteen years of age or over
in accordance with a National Order issued under the Employment and Industrial Relations Act;
(iii) where two or more persons have been housed together in the community as part of a rehabilitation programme
for ex-inmates of a state-owned hospital for mental diseases on the recommendation of the Mental Health Review Tribunal
established under the Mental Health Act, the Director shall consider each of such persons as forming a household on his own; sohowever that, where any
such person is gainfully occupied notwithstanding the foregoing provisions of this subarticle, he shall be entitled to social
assistance in accordance with the provisions of this article even if he is not registered as an unemployed person as aforesaid in
subarticle (1); and where such person is gainfully occupied, notwithstanding the provisions of the foregoing provisions
of this subarticle, he shall be entitled to such weekly amount by way of social assistance so as to ensure that his total weekly
means, calculated in accordance with Part VI of the Second Schedule to this Act, together with the scale rate as applicable
in terms of this paragraph and as determined by Part I of the Sixth Schedule to this Act do not exceed the national minimum
wage as is applicable to persons of 18 years of age or over established by a National Standard Order issued under the Employment and Industrial Relations Act during the period in respect of which assistance is due; and
(iv) where a member, other than the head of household and his wife, is an employed person or a self-employed
person or a self-occupied person, if his gross wage or gross income or his gross earnings, as the case may be, does not
exceed 35% of the national minimum wage as is applicable to persons of 18 years of age or over established by a National Standard
Order issued under the Employment and Industrial Relations Act, during the period in respect of which Social Assistance is due, such a member shall, for the purposes of this sub-article, not
be deemed to be an employed person or a self-employed person or a self-occupied person; and
(v) where the head of household is engaged under a scheme in accordance with paragraph (iii) of the proviso to subarticle
(1), then the rate of assistance for such household in accordance with Part I of the Sixth Schedule is to
be increased to seventy-five percent (75%) of the national minimum wage as applicable to persons of eighteen years of age or over
as established by a National Standard Order issued under the Employment and Industrial Relations Act:
Cap. 262.
Cap. 452.
Cap. 452.
Cap. 452.
Cap. 452.
Provided further that, where any member of the household becomes gainfully occupied as a result of any of the Manpower
Incentive Schemes announced by Government, such member shall not, for the purposes of awarding and calculating any Social
Assistance due to the head of household under this article, be deemed to be an employed person or a self-employed person as
aforesaid in this article during the first
28 weeks of his entitlement to any benefit, income, privilege or grant accruing to him under any of the Schemes as aforesaid,
and any such benefit, income, privilege or grant shall not be taken into account during the aforesaid 28-week period.
(7) Where the head of household is a single parent who is unable to take up a full time gainful occupation as he has
to take care of his own child, he shall be entitled to social assistance in accordance with the provisions of this article even
if he is not registered as an unemployed person as aforesaid in sub-article (1); and where such single parent is gainfull
y occu pied, notwi thst andi ng the provi sio n s of su b-arti cle (6), he sh all b e entitled to such weekly amount by way of
social assistance so as to ensure that his total weekly means, calculated in accordance with Part VI of the Second Schedule to this
Act, together with the scale rate as applicable to a household of two persons, as determined by Part 1 of the Sixth Schedule to this
Act do not exceed the national minimum wage as is applicable to persons of 18 years of age or o v er estab lished b y a n a tion
a l stand i ng order issued under the Employm ent and Industrial Relations Act during the period in respect of which assistance is due.
(8) Where in any household there is a person who is single or w i d o we d, an d wh o i s al so un emp l o y ed , wh o prov es
t o the satisfaction of the Director that she is taking care, all by herself, on a full-time basis and regularly, of her pa rent
or br other, sister, grandp arent, uncle, aunt, fath er or mother-in- law or brot her or sister-in-law who is living in the same
household as that of such person an d who is suff ering from a severe physical or mental infirmity, as certified by a medical practitioner
specialising in the field of the infirmity denoted, or who is aged sixty years or over and is physically or mentally unable to take
care of himself and of his day to day needs, then whether such person is registered or not as an unemployed person as aforesaid in
subarticle (1), she shall nonetheless be entitled to Social Assistance as a separate household in accordance with the provisions
of this article but such assistance shall not exceed 75% of the full rate applicab le to a household consisting of one person:
Provid e d that th is sub- article shall n o t apply where the person who is being taken care of has his parent or spouse living with
him i n th e same h ouseh old and su ch par e nt or spou se is mentally an d physically capab le o f t a king care of su ch p e
rson himself.
(9) Any member of a household who is admitted into a
therap eutic co mm uni ty cent r e f o r the r e habi litat i on of drug or alcohol addicts in Malta as may from time to time be recognised
by the Minister for the purpose of this sub-article, and who as a result of such admittance into such a therapeutic centre becomes
entitled t o assistance under this article , shall be en titled to receive an allowance at the applicable rate in accordance with
Part 1 of the Fourteenth Schedule of this Act for as long as he is resident of a centre as aforesaid and provided no change of circumstances
takes place in this respect.
(10) Revoked by Act II. 2004.21.
(11) The Director may, if he so deems fit in the circumstances of the case, take proceedings before the competent Civil Court against
such relatives being the spouse, father, mother, sons or daughters as the case m a y be, of any person in resp ect of who m Social
Assistance is claimed or received under this article (other than sub- article (8) thereof) to compel them to refund any such assistance
that is paid to or on behalf of such person and the court shall order the refund of any sum paid as Social Assistance up to such
sum as would have been due by such relatives or relative had the person to whom Social Assistance is paid had claimed maintenance
from such relatives in accordance with the provisions of the Civil Code:
Provided that notwithstanding that the person in respect of whom Social Assistance has been paid by the Director may have in a cont
ract of perso n al separatio n renou nced t o t h e right to maintenance from his or her spouse, the Director may still claim refund
under this subarticle from the spouse of the person to whom Social Assistance has been paid, and such spouse shall be liable to refund
su ch Social Assistance to the full extent as if such r e nu nci a ti on h a d no t tak e n pl ace, u n l e s s i t is pr ov ed
to t h e sati sf act io n of th e Di rec t o r t h at the part y to wh om So ci al A s sistance h a s been paid h a s been gui lty
of adultery or h a s abandoned the other spouse as provided in articles 38 and 41 of the Civil Code.
Cap. 16.
PART IV
PENSIONS IN RESPECT OF WIDOWHOOD
Pensions in respect of widowhood. Substituted by: XIII. 1991.12. Amended by:
VIII. 1992.11; XXI. 1996.15; III. 2005.8; XXXII. 2007.47.
(a) the applicable additional allowance in accordance with the Twelfth Schedule to this Act; or
(b) the applicable additional allowance in accordance with the Twelfth Schedule to this Act and the widow concerned is neither
in insurable employment nor self- occupied and such son or daughter has not yet reached his or her 18th birthday; sohowever
that, where a widow is entitled to an increase in her rate of pension under this paragraph she shall not be entitled to the
increase referred to in paragraph (a).
Non-eligibility to a pension in widowhood. Amended by:
XVI. 1990.11; XIII. 1991.13;
VIII. 1992.12; XXI. 1996.16;
XXXII. 2007.48.
Cap. 452.
Cap. 452.
(i) she proves to the satisfaction of the Director that her earnings from any gainful occupation do not exceed a weekly average
equivalent to the National Minimum Wage as is applicable to persons of 18 years of age or over established by a National
Standard Order issued under the Employment and Industrial Relations Act, and the Employment and Training Corporation had been duly informed of such gainful occupation:
Provided that no account shall be taken of the earnings derived from membership of any Board, committee, commission
or council established by or under any law or of such classes of earnings as the Minister may declare by order, published
in the Gazette; or
(ii) she is over the age of sixty-five years.
(2) Notwithstanding the provisions of sub-article (1), a widow under the age of 60 years who is taking care of her son or daughter
in respect of whom an allowance under article 76 is being paid or a fostered child in respect of whom an allowance under article
76A is being paid, and such son or daughter has not yet reached his or her
18th birthday shall still be entitled to a pension payable under this
Part whilst she is gainfully occupied, whatever the earnings derived
therefrom:
Provided that with effect from the 6th January 2007, where entitlement under the provisions of this article ceases to apply, such
widow shall continue to remain entitled to receive a pension under this part, for the period starting from the first Saturday following
the date on which the son or daughter reaches the age of sixteen years, or from the 6th January 2007, whichever is the later, and
ending on the Friday following the 21st birthday of the child if:
(a) such widow is gainfully occupied and the earnings from such gainful occupation exceed a weekly average equivalent to
the National Minimum Wage as applicable to persons of eighteen years of age or over established by a National Standard
Order made under the Employment and Industrial Relations Act and the
Employment and Training Corporation had been duly informed of such gainful occupation; and
(b) such son or daughter is undergoing full time education or training in an educational institution recognized in terms of the
Education Act; or
(c) such son or daughter is registered in the Part 1
Register established under the Employment and
Training Services Act and who has never been gainfully occupied, and who is not in receipt of any benefit, pension or assistance payable under
this Act:
Provided further that the rate of pension payable under this subarticle shall be abated by the difference obtained between such widow’s
actual earnings from a gainful occupation and the National Minimum Wage as is applicable to persons of eighteen years of age or over
established by a National Standard Order made under the Employ ment and Industrial Relati ons Act, but in no ca se s h all receive a rate of pension less than the Widow’s Pension rate in terms of article 31 or 33 as may be applicable
in her case.
Cap. 327. Cap. 343.
Cap. 452.
Prov ided that the amount by whic h he r Wi do w’s Pens ion under this Part may be abated in accordance with this article shall not exceed €17.77 per week.
Widow’s Pension to be abated by pension from late husband’s employer.
Added by: XIII.1991.14.
Re-numbered by: XXIV. 1993.2. Amended by:
XXII. 1997.3
L.N. 424 of 2007.
(2) With effect from the date mentioned in sub-article (1), where a widow is not entitled to receive a pension from any
of her husband’s former employers, the rate of widow’s pension under this Act to which she is entitled, shall be so increased
to ensure that su ch rate of p e n s io n is n o t less th an th e app l i cabl e rat e of t h e Increased National Minimum Pension
payable in terms of article
63, provided that such rate of pension does not exceed five-sixths of the two-thirds pension that was or would have been payable to
the deceased husband in accordance with Part V of this Act.
Increased Widows’ Pension.
Added by:
XXI.1996.17.
Amended by:
XXII.1997.4;
II. 1999.9.
Survivor’s Pension. Amended by: XVI. 1990.15; XIII. 1991.17; VIII. 1992.13.
Re-numbered by: XXIV. 1993.2.; Amended by:
XXI. 1996.18; XXXII. 2007.49.
Provided that with effect from th e 6 th J anu ary, 19 90 , t he foregoing provisions of this article shall also apply in the case of a widow whose husband has not yet reached his retirement at the time of his death but who before such death had been an employed person or a self-employed person or a self-occupied person for not less than ten years in the aggregate and had paid the proper rate of co nt ri bu ti on s u n d e r th is Act at an y ti me after the 2 1 st day o f January, 1979.
Full rate of Survivor’s Pension. Amended by: XX.1987.8; XVI.1990.16; VIII.1992.14.
Re-numbered by: XXIV. 1993.2.
Provided that with effect from the 1st January, 1987, where the de ceased hu sband had been, prio r to re aching pe ns ion age, entitled
to a pension under article 26, and at any time thereafter ceased to be entitled to such pension as a result of his becoming gain
fu lly occupied, any contributions credited under article 16 while the deceased husband was entitled to such pension shall, for the
purpose of assessing her right to a Survivor ’s Pension, be taken into account; sohowever that any such number of credited contributions
as is taken into account shall not exceed the number of contributions paid by the deceased husband between the date of his cessation
of entitlem ent to such pension and the date of his retirement:
Provided furt her t h at for th e p u rp os es of c a l c ul at i n g a Survivor ’s Pension under the provisions of this Part, the
Director shall ignore any increase in any wage, salary or income reckoned for t h e purpo se of assessing the pension a bl e income
of th e deceased husband which does not appear to him to be bona fide.
Survivor’s Pension plus pension from late husband’s employer not to exceed two-thirds of pensionable income.
Amended by: VIII.1992.15.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXII.1997.5.
Provided that any such reassessed Survivor ’s Pension shall be such as shall ensure to the widow an increase in pension of not less
than two-thirds of the wage increase that is required by law to be awarded generally; sohowever that, where the yearly average of
contributions paid by or credited to her husband in accordance with the provisions of articles 53 and 55 is less than 50 but not
less than
15, the proportion of two-thirds referred to above in this proviso shall be multiplied by the proportion that the yearly average of
such
contributions bears to 50, and the result of such multiplication shall substitute the said proportion of two-thirds.
Reassessment of Survivor’s Pension. Amended by: XIII.1991.18; VIII.1992.16.
Re-numbered by: XXIV. 1993.2.
(2) Entitlement to a Widow’s Pension under this article shall also cease in the event of the demise of the spouse or if the widow ceases to remain entitled to a pension in respect of widowhood in terms of article 32, before the lapse of the period of entitlement in accordance with the provisions of subarticle (1).
Disqualification from certain benefits.
Re-numbered by: XXIV. 1993.2.
Amended by: XXV.1994.2.
Entitlement to higher pension. Amended by: XIII.1991.21.
Re-numbered by: XXIV. 1993.2.
Remarriage grant. Substituted by: XIII. 1991.22. Amended by:
VIII. 1992.17.
Re-numbered by:
XXIV. 1993.2.
Substituted by:
XXII. 2007.50.
Payment of certain benefits under the National Insurance Act.
Amended by: XIII.1991.24.
Re-numbered by: XXIV. 1993.2. Cap. 147 -
Repealed.
Widow in state financed
residential service. Re-numbered by: XXIV. 1993.2.
Substituted by: II. 2004.22.
Widower’s Pension. Added by: XIII.1991.25.
Re-numbered by: XXIV. 1993.2.
Amended by: II. 1999.10.
Entitlement to a pension in respect of retirement. Amended by: XVI.1990.19.
Re-numbered by: XXIV. 1993.2.
Amended by: XIX, 2006.6.
provisions of this Part entitle her to a better rate of pension.
mutatis mutandis, in the case of a widower.
PART V
PENSIONS IN RESPECT OF RETIREMENT
(a) on the date of his retirement he satisfies the relevant contribution conditions; and
(b) he makes a claim therefor within six months of such date. When he does not make a claim within six months of his retirement
the pension shall be payable with effect from the day on which the claim is made.
Disqualification from a pension in respect of retirement. Amended by:
VIII. 1992.18.
Re-numbered by:
XXIV. 1993.2.
Substituted by:
XIX. 2006.7.
Option of widow claiming a pension in respect of retirement. Amended by: XVI.1990.20.
Re-numbered by: XXIV. 1993.2.
45. (Deleted by XXXII. 2007.51)
(a) for each of her contribution years falling wholly or partly before her husband’s death, or
(b) for each of her contribution years falling wholly or partly during the period of her marriage,
a number of contributions equal to the yearly average of the contributions paid or credited to her husband (being
the yearly average which was ascertained in connection with her claim for a pension under Part IV of this Act, or would
have been so
ascertained if she had made such a claim) instead of the number of contributions actually paid by or credited to her for that year.
(i) with effect from the first Saturday of January,
1991, if his Service Pension and the rate of Retirement Pension applicable in his case together exceed two-thirds
of his pensionable
income, such person shall be entitled to a
Retirement Pension; or
(ii) if his Service Pension and the rate of Retirement Pension applicable in his case in terms of the foregoing provisions of
this sub-article together do not exceed two-thirds of his pensionable income, such a person shall be entitled to
an Increased Retirement Pension or such part thereof as shall ensure that the aforementioned two-thirds of his pensionable
income are not exceeded. So however that, subject to the maximum rate of pension payable as laid down in article 54(b), for the purposes of awarding a Two-Thirds pension, such rate of Increased Retirement Pension as may be applicable in his
case, utilizing the same yearly average of contributions taken in the award of such pension, may be further
increased by one-third of the difference obtaining by deducting the sum total of his service pension and the applicable rate of
Increased Retirement Pension payable to him from the amount that is equivalent to two- thirds of his pensionable income.
(2) For the purposes of this article the "current basic weekly wage or basic salary" shall be taken to be that current
on the first Saturday of the year in respect of which any payment under this article falls due.
Entitlement to Retirement Pension and Increased Retirement Pension. Amended by: XX. 1987. 9; XIII.1991.26.
Re-numbered by: XXIV. 1993.2.
Amended by: XXI.1996.19.
Prov id ed th at , wher e th e pr op or tio n wh ich t h e Ser v ice Pensio n o f a person bears to his w a g e or salary an d o t her pensionable emoluments on which the said Service Pension was
No right to particular pensions after 16th January,
1979.
Amended by:
XVI. 1990. 21.
Re-numbered by:
XXIV. 1993.2.
Proportion of completed months of service.
Re-numbered by: XXIV. 1993.2.
based is high er than the proporti on computed as aforesaid, the references to the proportion of two-thirds shall be substituted by references t o such high er prop or tio n, b u t the r e ferences to the prop ortio n of two - third s sh al l in no case b e sub s t itut e d by a proportion higher than two-thirds.
National Minimum
Pension.
Amended by:
XVI. 1990. 23;
XIII.1991.27.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXV.1994.9;
XIX. 2006.8.
Cap. 452. Guaranteed
National Minimum
Pension.
Added by:
XIX. 2006.9.
Decreased
National Minimum
Pension.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XIX. 2006.10.
Qualifying condition for a Two-Thirds Pension. Amended by: XVI. 1990. 24.
Re-numbered by: XXIV. 1993.2.
Amended by: XXI. 1996.20; XXXII. 2007.52.
(a) in the case of a married man who is maintaining his wife, four-fifths, and
(b) in the case of any other person, two-thirds
of the national minimum wage as is applicable to persons of 18 years of age or over established by a National Standard Order
issued under the Employment and Industrial Relations Act during the period in respect of which such pension is due.
(a) who has been an employed or self-employed or self- occupied person for not less than ten years in the aggregate prior
to his retirement; and
(b) whose retirement occurs on or after the 16th day of
January, 1979; and
(c) who has paid the proper rate of contribution under this
Act at any time after the 21st day of January, 1979,
shall be entitled to a Two-Thirds Pension under and in accordance with the provisions of this Part in lieu of a Retirement Pension,
or Increased Retirement Pension or National Minimum Pension or Increased National Minimum Pension, if the rate of such two-thirds
Pension is more advantageous to the pensioner.
(i) of thirty years in the case of a person born on or before the 31st December 1951; or
(ii) of thirty five years in the case of a person born during calendar years 1952 to 1961; or
(iii) of forty years in the case of a person born on or after the 1st January 1962; or
(iv) in the case of a person who is entitled to a pension under article 26, for such other smaller number of years,
or
(v) in awarding a Survivor ’s pension in accordance with the proviso to article 34, for such other smaller number of
years as may correspond to the number of years since the eighteenth birthday of the deceased spouse and the date of
his death,
as corresponds to the number of years from the 1st day of January,
1956, or if the person so elects, from the 1st day of January, 1965, up to the end of the contribution year immediately preceding
his
retirement:
Provided that -
(a) in the case of a person born on or before the 31st December 1961 the period of years to be taken into account in accordance
with this article shall include the last ten consecutive years ending on the last day of the contribution year immediately
preceding his retirement; and
(b) save as provided for in paragraph (d) of this proviso, no account shall be taken of contributions credited under article 16 while the person was entitled
to a pension under article 26; and
(c) in the case of a self-employed person who has paid less than 156 contributions after the 21st day of January, 1979,
where the Director is satisfied that such lack of contributions was due to circumstances beyond the control of the self-employed
person concerned, the said proportion of two- thirds shall be substituted by such other proportion as the number of contributions
paid after the 21st day of January, 1979, bears to 234; otherwise, such self-employed person shall not be entitled to a Two-Thirds
Pension under this article but shall instead be entitled to a pension as is payable under and in accordance with the other
provisions of this Part; and
(d) with effect from the 1st January, 1987, where a person was, at any time, entitled to a pension under article 26, and thereafter
ceased to be entitled to such pension as
Full rate of the Two-Thirds Pension. Amended by: XIII.1991.29; VIII.1992.19.
Re-numbered by: XXIV. 1993.2. Amended by: XXIV.1993.6; XXI.1996.21;
II. 1999.11; XIX. 2006.11.
entitled to such pension shall, for the purposes of assessing his right to a Two-Thirds Pension under this Act, be taken
into account notwithstanding the provisions of paragraph (b) of this proviso; sohowever that, any such number of such credited contributions as is taken into account shall not exceed the number
of contributions paid by him between the date of his cessation of entitlement to such pension and the date of his retirement:
Provided further that, where a person had paid contributions after the 21st January 1979 and was at any time thereafter entitled to
a p ension u nder article 26, with effect from th e 4 th January,
199 2, any contributions credite d under article 16 after the 21st
January 1979 while he was entitled to such pension shall, for the
purposes of assessing his right to a Two-Thirds Pension under this Act, be taken into account notwithstanding the fact that thereafter
he never ceased to be entitled to such pension as aforesaid in the
foregoing proviso of this paragraph; sohowever that, any such number of such credited contributions after the 21st January, 1979 as
is t a ken into account shall not exceed the num ber of
contributions paid by him after the 21st January, 1979.
(2) The provisions of sub-article (1) (other than the provisions of paragraph (d) of the first proviso thereto and the provisions of the second proviso thereto and any references to the said paragraph (d) in paragraph (b) of the said first proviso) shall have effect as from the 22nd day of January, 1979.
(3) For the purposes of this article, in the case of a person born on or before the 31st December 1961 and with effect from the
22nd January 1979, in arriving at the yearly average of contributions referred to in sub-article (1), the yearly average of the contributions
as is r e l a ted to the last t e n consecutive y e ar s refer r ed to in paragraph (a) of the proviso to the aforesaid sub-article (1) and the yearly average of the contributi o n s as is r e la ted t o t h e ye ar
s immediately prior to the said last ten consecutive years shall be assessed separately and the mean of these two yearly averages
shall constitute the yearly average of contributions that is required under this Act for the purpose of awarding a Two-Thirds Pension.
(4) For the purposes of this article, in the case of a person born on or after the 1st January 1962, in arriving at the yearly
average of cont ributions in terms of sub-article (1), the yearly average of contributions required under this Act for the purposes
of awarding a Two Thirds Pension shall be assessed on any period of forty years between the first day of his contribution year in
which he reaches the age of eightee n and the la st day of his last complete contribution year before the beginning of his
benefit year which includes the day on whic h the co n d it ions are requ ired t o b e satisfied.
54. Where a person qualifies for the full Two-Thirds Pension u n d e r arti cl e 53 , th en , n o twit hstand ing t h e pr ovi sio n
s o f t h at article, but subject to the provision of paragraph (c) of the proviso thereto, that person shall in no case receive -
(a) less than the full rate of the National Minimum Pension, inclusive of the additional allowance, payable according to
such person’s marital status, as is specified in the Twelfth Schedule; or the Guaranteed National Minimum Pension
payable in terms of article
50A, as the case may be; or
(b) more than the highest rate of a Two-Thirds Pension in accordance with the Twelfth Schedule to this Act.
Minimum and maximum rates of the Two-Thirds Pension.
Amended by: XVI. 1990. 26;
XIII.1991.30; VIII.1992.20.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXIV.1993.7;
XXV.1994.10;
XXVII.1995.5.
Substituted by:
XXI.1996.22.
Amended by:
XIX. 2006.12.
55. Where a person would be entitled to the full rate of a Two- Thirds Pensi on bu t fo r th e fact that the yearly average of 50 contributions required by article 53 is not satisfied, such person shall nonetheless be entitled, if the said average is not less than 15 to a reduced Tw o - Thirds Pension; and for th e purpo se of determ ini ng such red uced pension the propo rt ion of t wo-th irds referred to in articles 53 and 54 or any other proportion substituted therefor in accordance with proviso (c) of the said article 53 shall be m u ltiplied by the prop ortion that the year ly aver age of contributions paid or credit ed (other than those credited under article 16 while the insured person was entitled to a pension under article 26) bears to 50, and the result of such multiplication shall substitute the said proportion of two-thirds.
53 to 55 of this Part shall be abated by the amount of such Service
Pension.
Reduced rates of the Two-Thirds Pension.
Re-numbered by: XXIV. 1993.2.
Abatement of the Two-Thirds Pension due to Service Pension. Amended by: XVI.1989.9. Substituted by: XVI.1990.27. Amended by: VIII.1992.21.
Re-numbered by: XXIV. 1993.2.
Amended by: XXIV.1993.8;
XXII.1997.6.
Entitlement to
more advantageous
pension.
Re-numbered by:
XXIV. 1993.2.
assessment or re- assessment of a Pensionable Income. Substituted by: XVI. 1989.10.
Re-numbered by: XXIV. 1993.2.
Amended by: III. 2005.9;
II. 2009.24.
or incom e reckoned for the purpose of assessing or reassessing such pensionable income -
(a) which is meant to substitute -
(i) any form of fringe benefit and/or personal drawings, whether ex-cash or ex-bank, to which the person concerned
would have otherwise been entitled from his employer; and
(ii) any other form of income or remuneration which was previously receivable by the person concerned from any
source and in respect of which no contribution was payable;
(b) any other increase in such wage or salary which does not appear to the Director to be bona fide; and
(c) any accelerated increment; and
(d) any remuneration for overtime, any form of bonus, any extra allowances, any remuneration in kind or commission which
did not form part of the basic wage or salary, and which in any manner becomes part of the basic wage or salary during the period
on which the pensionable income is to be assessed:
Provided that where the Director is satisfied that a person is in receipt of a pension which wa s c a lc ulated on the basis of a
pensionable income which includes income as described in this article, the Director shall re-assess the pension payable to such
person in such a manner to ensure that the provisions of this article are duly applied with regard to future payments.
Annual reassessment of pensions. Amended by: XVI.1990.29; XIII. 1991.31; VIII.1992.22.
Re-numbered by: XXIV. 1993.2. Amended by: XXIV.1993.9; XXV.1994.11; XXI.1996.23; XIX. 2006.13.
(2) In the case of a person whose retirement occurred before the 22nd day of January, 1979 -
(i) if on retirement he was an employed person, such reassessment shall be effected by substituting for
the pensionable income the current wage or salary, as on the effective date of the reassessment, of the post he occupied
immediately before his retirement or of the post on which the Service Pension was awarded, whichever is the higher;
(ii) if on retirement he was a self-employed or self- occupied person, such reassessment shall be effected by substituting
for the pensionable income the current wage or salary, as on the effective date of the reassessment, of the post on
which the Service Pension was awarded.
(3) In the case of a person whose retirement occurs on or after the 22nd day of January, 1979, such reassessment shall be effected
by substituting for the pensionable income the aggregate of such pensionable income and -
(i) if he is to be treated as an employed person, the amount by which the current wage or salary of the highest post occupied
during the best consecutive period on which his pensionable income had been computed exceeds, on the effective
date of the reassessment, the wage or salary of the last post on which his pensionable income had been computed on the date
of retirement; sohowever that, where the aforesaid highest post was in Government service or so analogued in terms of this
sub-article, with effect from the 5th January 1991 the aforesaid current wage or salary pertaining to such highest post shall be
that currently paid to the occupier of the current post in terms of and in accordance with the new wage/salary structure
for Government employees as implemented by Government with effect from 1st January 1991; and, for this purpose, any
service increments that would become payable with effect from 1st January 1994 in accordance with the aforesaid new wage/salary
structure to the occupier of such highest post shall only be taken into account if such increments have already
been acquired prior to his retirement:
Provided that where the said best consecutive period ends on the last day of the year immediately preceding his retirement
or his becoming an invalid in terms of this Act, as the case may be, the reference to the "highest post" in this sub-paragraph
shall include any post occupied by the pensioner up to the date of his retirement or invalidity as aforesaid;
(ii) if he is to be treated as a self-employed or self- occupied person, the total wage increases required by law
to be awarded generally in respect of the period intervening between the date of retirement and the effective date of
the reassessment.
(4) Where any of the posts referred to in the foregoing provisions of this article no longer exists, -
(a) if such post was occupied in Malta, there shall be substituted therefor such analogous post in Malta in the service
of the Government of Malta or, where such analogous post does not exist in the service of the Government of Malta, in the
service of any parastatal organization in Malta, which carried a wage or salary most nearly corresponding to that of
the first
Cap. 422.
(b) if such post was occupied outside Malta, -
(i) where a Service Pension has been awarded to the pensioner on such post, there shall be substituted therefor such analogous
post in the country where such employment existed as is available in the service of the Government of that country or, where
such analogous post does not exist in the service of that Government, in the service of any parastatal organization in that
country, which carried a wage or salary most nearly corresponding to that of the first mentioned post at the time when
it was last occupied by the pensioner; and
(ii) where no Service Pension has been awarded to the pensioner on such post, the provisions of paragraph (a) of this proviso shall apply notwithstanding the fact that such post was occupied outside Malta.
(5) For the purposes of this article but save as provided for in article 54, the amount to be substituted for the pensionable income
shall be greater than the amount substituted for the pensionable income on the occasion of the previous reassessment by a sum of
not less than that of the total wage increases required by law to be awarded generally in respect of the period following the said
last reassessment; and where a reassessment is made for the first time, the amount to be substituted for the pensionable income of
a person shall be greater than his pensionable income by not less than the total wage increases as aforesaid in respect of the period
following the date of his retirement.
(6) For the purposes of this article, with effect from the 22nd day of January 1979, in establishing the current wage or salary
pertaining to a post which had been occupied by the pensioner prior to his retirement, any service incremental stages, if any, within
the wage or salary scale pertaining to that post shall only be taken into account if such incremental stages had already been reached
by the pensioner prior to his retirement.
(7) In respect of persons born on or after the 1st January 1962, pensions un der this Part, with effect fr om th e first Sa turday
of January of each year, shall be increased annually by such sum as corresponds to seventy percent of the percentage increase in
the nation a l average wage as published by the National St atistics Offi ce established by virt ue of article 9 of th e Malta St
atisti cs Authority Act, for the previous calendar year plus thirty percent of the inflation rate as published by the said National Statistics Office for
the previous calendar year; and the provisions of article 90A shall not apply to such pensions.
29 or under Part V (excluding a Two-Thirds Pension) of this Act, then, if his wife is in her own right in receipt of any
pension
payable under the aforem entioned articles or to a Tw o-Thirds Pension in accordance with the provisions of this Part, the pension
payable shall be paid at the rate applicable for a single person:
Provide d that if the wife , be ing a l ready in receipt of a pension payable under the said articles or Part, shall renounce to the
right aforesaid, then the pension payable to the husband shall be paid at the rate applicable for a married man.
Pension based on credited contributions.
Re-numbered by: XXIV. 1993.2.
Persons in receipt of a pension in respect of invalidity.
Re-numbered by: XXIV. 1993.2.
Pension payable to the single rate to a married man.
Re-numbered by: XXIV. 1993.2.
Amended by: XXV.1994.2.
(2) For the purposes of sub-article (1) -
(i) the pensionable income mentioned therein shall, in each and every case, be substituted with effect from the first Saturday
of the year in respect of
Increased National Minimum Pension. Amended by:
XVI. 1989.11. Substituted by:
XVI. 1990. 30.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXI.1996.24.
National Minimum Pension Additional Allowance.
Added by: VIII.1992.23.
Re-numbered by: XXIV. 1993.2. Amended by:
XXV.1994.12.
Retirement before pension age. Added by:
XIX. 2006.14.
which any payment under this article falls due in the manner provided for by article 59(3), irrespective of the date of
retirement; and
(ii) the proportion of two-thirds mentioned therein shall, where the yearly average of contributions ascertained in connection
with the claim for a pension under this Part is less than 50, be multiplied by the proportion that such yearly average
bears to 50, and the result of such multiplication shall substitute the said proportion of two-thirds.
(i) 2080 paid or credited contributions in the case of a person born on or after the 1st January 1962; or
(ii) 1820 paid or credited contributions in the case of a person born during calendar years 1952 to 1961.
Five yearly review.
Added by:
XIX. 2006.14.
Provided that the first report shall not be submitted later than the 31st December 2010.
(2) The report mentioned in subarticle (1) shall be discussed by the Social Affairs Committee of the House or any other committee
substituting the same.
Mandatory Second
Pension.
Added by:
XIX. 2006.14.
(2) Any sum or other benefit payable by Second Pension funds
to which such regulati on s may refer shall not be considered as
Service Pensions for the purposes of this Act.
(3) Second Pension funds shall be funds governed by the
Special Funds (Regulation) Act.
(4) No regulation, or any amendment thereto or any substitution or revocation thereof, made under this article
shall have effect unless it has received the prior approval of the House signified by resolution.
Cap. 450.
(2) Any sum or other benefit payable by Third Pension funds referred to in this article s h al l not be considered as Service
Pensions for the purposes of this Act.
(3) Third Pension funds shall be funds governed by the Special Fu nds (Regu l ati on) A c t , or the Insurance Business Act , as applicable.
Voluntary Third
Pension.
Added by:
XIX. 2006.14.
Cap. 450. Cap. 403.
Pensioners in state financed
residential service. Re-numbered by: XXIV. 1993.2.
Substituted by: II. 2004.23.
PART VI
OTHER PENSIONS, BENEFITS AND ALLOWANCES
(a) has attained the age of sixty years; and
(b) shows to the satisfaction of the Director that -
(i) he is a citizen of Malta and normally resides in
Malta; and
(ii) his weekly means, calculated in accordance with the provisions of Part IV of the Second Schedule to this Act, do not exceed
the highest rate of Age Pension which, in the case of a married man whose wife also qualifies for a pension in her own right,
shall be equivalent to 80%, and in the case of widowed or single persons, up to 60% of the national minimum wage as is applicable
to persons of eighteen years of age or over established by a National Standard Order issued under the Employment and
Industrial Relations
Age Pension. Substituted by: XVI. 1989.12. Amended by: XVI. 1990.31; XIII. 1991.32; VIII. 1992.24.
Re-numbered by: XXIV. 1993.2. Amended by: XXIV. 1993.10; XXV. 1994.13; XXVII. 1995.6; XXI. 1996.25;
II. 2004.24.
Cap. 452.
Act during the period in respect of which such pension is due, and as is specified in Part II of the Sixth Schedule to this Act according
to his category,
shall be entitled to an Age Pension under this Act in accordance with the provisions of sub-article (2).
(2) A person who becomes entitled to a pension under sub- article (1) shall receive such weekly rate of pension as will bring
his total weekly means calculated in accordance with the provisions of su b-article (1 ) up t o the highe st rate of pensi on payable
in accordance with Part II of the Sixth Schedule to this Act; sohowever that, save as provided for in article 96 and in the second
proviso to paragraph 4 of Part IV of the Second Schedule to this Act, where a married man and his wife both qualify for a pension
under the provisi ons of this artic le or of art i cle 2 7 , any su ch pension as is payable to the wife shall cease to be payable.
Parent’s Pension. Re-numbered by: XXIV. 1993.2. Amended by: XXXII. 2007.53.
(i) was being wholly or mainly maintained by him or would but for the relevant accident have been so maintained; and
(ii) was either over pension age, or was permanently incapable of self-support:
Provided that if the father of the deceased person is entitled to a Parent’s Pension, the mother shall not be so entitled.
Carer’s Pension. Added by: VIII.1992.25.
Re-numbered by: XXIV. 1993.2.
Amended by: XXV.1994.14; XXI.1996.26.
Cap. 452.
(a) he is a citizen of Malta and is regularly residing in
Malta; and
(b) his yearly means, calculated in accordance with the provisions of Part IV of the Second Schedule to this Act, do not exceed
the highest rate of Carer ’s Pension equivalent to 60% of the national minimum wage as is applicable to persons of eighteen years
of age or over established by a National Standard Order issued under the Employment and Industrial Relations Act, during the period in respect of which such pension is due and as is specified in Part IV of the Sixth Schedule to this Act,
shall be entitled to a Carer ’s Pension in accordance with sub-article (2) if such person proves to the satisfaction of the Director
that he is taking care, all by himself, on a full-time basis and regularly of
his parent or brother, sister, grandparent, uncle, aunt, father or mother-in-law, or brother or sister-in-law who -
(i) is living in the same household as that of such person; and
(ii) because of infirmity is bedridden or confined to a wheel-chair.
(2) A person who becomes entitled to a pension under sub- article (1) shall receive such weekly rate of pension as will bring
his total weekly means calculated in accordance with the provisions of sub-art i cl e (1) up to the hi ghest rate of pension payable
in accordance with Part IV of the Sixth Schedule to this Act.
(2) Any person who has the care of the son or daughter of another person shall, if both parents of the said son or daughter
are dead and at least one of the parents was an insured person and a citizen of Malta at the time of his death, be entitled to an
Orphan’s Supplementary Allowance in accordance with Part V of the Third Schedule to this Act, in respect of each such son or daughter
if such son or daughter is -
(a) aged between 16 years and 21 years; and
(b) not following any gainful occupation the gross earnings of which exceed a weekly average equivalent to the difference
between the equivalent of the national minimum wage as is applicable to persons of 18 years of age or over established by a
National Standard Order issued under the Employment and Industrial Relations Act during the period in respect of which such Orphan’s Supplementary Allowance is due and the aforesaid weekly rate of Orphan’s
Supplementary Allowance.
(3) Where the gross earnings referred to in sub-article (2) exceed the weekly average referred to in paragraph (b) of the said su b-article (2), the weekly rate of the Orph an’s Supp lem en tary Allowance referred to in the said sub-article
(2) shall be abated by suc h an amount a s shall ensure that the total of such average weekly gross earnings and any Orphan’s Supplementary
Allowance payable under this article do not exceed the equivalent of the aforesaid national minimum wage.
(4) Where a person is in receipt of an Orphan’s Allowance payable under sub-article (1), such person shall also be entitled
to receive the allowance which is payable in terms of article 76 in respect of the same child, as long as he is entitled to such
allowance in terms of the articles aforesaid.
(5) For the purposes of this article, the provisions of article
Orphan’s Allowance and Orphan’s Supplementary Allowance. Amended by: XVI. 1990.32; XIII. 1991.33; VIII. 1992.26.
Re-numbered by: XXIV. 1993.2.
Amended by: XXIV. 1993.11;
XXV. 1994.15; XXVII. 1995.7; XXI. 1996.27.
Cap. 452.
80(2) (excluding its proviso) and of articles 81 and 83 shall apply
mutatis mutandis.
Marriage Grant. Amended by: XVI.1990. 33; VIII.1992.27.
Re-numbered by: XXIV. 1993.2.
Amended by: XXVII.1995.8; XXI.1996.28.
Provided that a person who legal ly contracts m arriage on more than one occasion shall be entitled to a Marriage Grant in respect of each su ch marriage on cond ition that between one m a rri age and an other he was an em ploy ed person or a sel f - employed or self-occupied person for at least six months.
Maternity Benefit. Re-numbered by: XXIV. 1993.2.
Cap. 452.
(2) A claim for Maternity Benefit shall not be accepted by the D i re ct or un l ess it is m ad e by a ci ti zen of Mal t a or
by a pe rso n married to a citizen of Malta, provided the claimant is ordinarily resident in Malta.
(3) Notwithstanding the provisions of sub-article (1), a woman who is entitled to Maternity Leave in accordan ce with th e provisions
of the Employment and Industrial Relati ons Act, and avails herself of such leave, shall not be entitled to any Maternity Benefit payable under this article.
Payment of Maternity Benefit. Amended by:
XX. 1987.10; XVI. 1990. 34;
VIII. 1992.28.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXV. 1994.16;
XXVII. 1995.9;
XXI. 1996.29;
XXXII. 2007.54.
(a) a first payment at the rate in accordance with Part IV of the Fourteenth Schedule to this Act for eight weeks, upon the submission
to the Director of a claim on the form of the Department accompanied by a certificate signed by a person holding the warrant to
practise the medical profession in Malta and, if the Director so deems necessary, supported by such other evidence as he may,
in accordance with the provisions of this Act, require showing that the claimant has entered the eighth month of pregnancy;
and
(b) a second payment at the rate in accordance with Part IV of the Fourteenth Schedule to this Act for six weeks, upon production
to the Director of a certificate from the Public Registry attesting the birth of the child:
Provided that where a claim is made after the birth of a child, both the first and second payments shall be made on production
of the said certificate from the Public Registry.
(2) The periods of eight weeks and six weeks referred to in sub- article (1) shall be deemed to cover -
(a) in the case of the payment referred to in paragraph (a) thereof, the eight weeks immediately preceding the date of birth of the child or, if such day is not a Saturday,
the first Saturday following such day;
(b) in the case of the payment referred to in paragraph (b) thereof, the six weeks commencing on the Saturday immediately following the period referred to in paragraph (a); and
(c) in the case of a payment made in accordance with the proviso to the said sub-article (1), the eight weeks immediately
preceding and the six weeks commencing on the date of birth of the child, or, if such day is not a Saturday, the first Saturday following
such day.
Supplementary Allowance. Added by:
XIV. 1988.8. Amended by: XVI. 1989. 13;
XVI. 1990. 35; XIII.1991.34; VIII.1992.29.
Re-numbered by: XXIV. 1993.2. Amended by:
XXIV.1993.12; XXV.1994.17; XXVII.1995.10;
XXI.1996.30. Substituted by: XXI.1996.31.
Amended by: II. 2002.65.
Limitation of applicability of Parental Allowance. Added by:
XIV. 1988. 8.
Re-numbered by:
XXIV. 1993.2.
Extension of
Parental
Allowance to other
persons other than
the mother.
Added by:
XIV. 1988. 8.
Re-numbered by:
XXIV. 1993.2.
Children’s Allowance. Amended by: XX.1987. 11.
Re-numbered by: XXIV. 1993.2. Amended by: XXV. 1994.18; XXI. 1996.33;
XI. 2000.15; XXXII. 2007.55.
such child, and for such purpose the Director may request from the Director (Social Welfare Standards), who is to submit within a
month, a report as to whether such child is best considered to form part of the relative household.
(2) The applicable rate of the allowance referred to in subarticle (1) shall be as determined by Part VI of the Fourteenth Schedule
and the ca lc ulation of the ye arly mean s o f t h e hou seh o ld sh al l be calculated in accordance with Part VII of the Second
Schedule.
Allowance in respect of child in care.
Added by: II. 2002.66.
Amended by: XXXII. 2007.56. Cap. 491.
Disabled Child Allowance. Added by:
XIV. 1988. 9. Amended by: XVI. 1989. 14;
VIII. 1992.30.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXV. 1994.2,19;
XXI. 1996.34;
II. 1999.12;
II. 2002.67;
XXXII. 2007.57.
Cap. 327.
76A. Subject to the provisions of this Act it shall be the right of every child who is certified by a competent authority, either as a fostered child, or is certified as being under care in an institution, to have an allowance paid out in his respect to t h e h e a d o f household who is an approved foster carer in accordance with the Foster Care Act or the head of the institution, as the case may be, at the rates specified in Part VIII of the Fourteenth Schedule to this Act. When an allowance under this article is due, no allowance under article 76 shall be payable.
76A is being paid, shall also become eligible to a Disabled Child
Allowance at the rate payable in accordance with Part VII of the Fourteenth Schedule to this Act, if the head of household has the
care and custody of such child who is certified t o b e s u ff e r i n g f r o m
cerebral palsy or from a mental severe subnormality or a severely disabled person or a visually impaired person in accordance with
the provisions of this Act. For the purposes of this article a child shall still be deemed to be a severely disabled person if certified
to be totally and permanently mute or permanently deaf to a degree of
no less than 70 decibels:
Provided th at, wh ere an allo wance under this articl e is payable in respect of a visually impaired child, that allowance shall
cease to be pa yable as soon as a pens ion under article 27 is or becomes payable in his respect:
Provided further that, where a child in respect of whom this article applies reaches his 16th birthday (or his 14th birthday in the
case of a visually im paired child) and f or some reason fails to qualify for a pension under article 27, he shall remain eligible
to an allowance under this article if he is not gainfully occupied and is still undergoing full-time education or training in an
educational institution recognized by the Government in terms of the Education Act, and no form of rem uneratio n o r al low an ce (ex clud ing any al lowance pay a b l e under t h is Act) is being pai d to him
or h e r during such time.
Special Allowance. Re-numbered by: XXIV. 1993.2. Amended by: XXV.1994.20.
(a) is a citizen of Malta; and
(b) resides in Malta and has so resided continuously in the three months immediately preceding the date on which the claim for an
allowance is made:
Provided that where the head of household or the spouse, is deceased, and the one who is still alive is not a citizen of Malta, the
condition set out in paragraph (a) shall be deemed to have been satisfied if the deceased was a citizen of Malta at the time of his death.
(2) Except as may be prescribed, an allowance under articles
73, 76, 76A and 79 shall not be payable in respect of any child or person not living in Malta:
Provided that with effect from the 1st day of November,
1974, where any person who ha s receive d the payment of an
allowance for a full thirteen week period emigrates and takes along with him before the lapse of thirteen weeks from the date on which
payment of such an allowance was due, the children in respect of
whom such allowance was paid, the payment of such allowance for any period not exceeding twelve weeks from the date when the payment
of such an allowance was due, shall be deemed as having
been properly received by him:
Provided further that where any person has received the payment of an allowance under articles 76 and 79 for a full thirteen
week period, prior to emigration and the total amount of allowance paid during the year in which the right to such benefit ceases
amounts to less than the Fixed Children’s Allowance specified by Part VI of the Fourteenth Schedule, such person shall be entitled to receive the resulting difference between the amount paid and the Fixed
Children’s Allowance.
Entitlement to abandoned children or of unknown parents. Re-numbered by: XXIV. 1993.2. Amended by: XXI.1996.36.
Limitation of applicability of Children’s and Supplementary Allowance.
Re-numbered by: XXIV. 1993.2. Amended by:
XXI. 1996.37; II. 2002.68; XXXII. 2007.58.
(2) Except as may be prescribed, an allowance payable under articles 76, 76A and 79 shall neither be payable nor due outside Malta.
Disqualification to Children’s Allowance. Amended by: VIII.1992.31.
Re-numbered by: XXIV. 1993.2.
Amended by: XXI.1996.38; II. 2002.69.
Beneficiary of Children’s Allowance.
Re-numbered by: XXIV. 1993.2. Amended by:
XXI. 1996.39; II. 2002.70; XXXII. 2007.59.
76A and 79 shall be p a id to t h e spouse, if any, of the head of household, unless the head of household proves to the satisfaction
of the Director that, in the interest of the child or person in respect of whom the allowance is payable, such payment is to be made
to him.
(2) For the purposes of this article and of article 80, "spouse" shall include such person who, in the opinion of the
Director, is living with the head of household as if such person were the lawful spouse, provided such person is the mother or father,
as the case may be, of the child or person in re spect of whom the allowance is payable.
(3) Where, however, the husband and wife are separated de jure or de facto, or where the person is not the lawful wedded spouse but is being treated as such in terms of subarticle (2), if such spouse is living
apart from the head of household the allowances due under articles
76 and 79 in respect of all their children shall not be taken together as if th ey were living in one household but shall be assessed
separately according to the eligibility rights and the yearly means of each respective head of household who has their effective
care and custody as provided for in articles 76 and 79.
Head of household to have custody of child.
Re-numbered by: XXIV. 1993.2. Amended by: XXI.1996.40;
II. 2002.71.
Powers to make regulations.
Re-numbered by: XXIV. 1993.2. Amended by:
XXI. 1996.41; II. 1999.13; III. 2005.10;
VI. 2006.5.
Cap. 452.
(a) increasing the rates of benefits, grants, pensions, assistances and allowances payable under this Act;
(b) increasing the category of persons that may be eligible to benefits, grants, pensions, assistances and allowances
payable in accordance with this Act;
(c) increasing the income limits for the purpose of establishing entitlement in assessment of means-tested benefits,
grants, pensions, assistances and allowances payable under this Act;
(d) increasing the basic wage, salary, income or earnings, whenever Government awards a cost-of-living increase in the
rate of the National Minimum Wage as is payable to persons of eighteen years of age or over under the provisions of the Employment and Industrial Relations Act, for the purposes of -
(i) the payment of social security contributions; and
(ii) assessing the pensionable income;
(e) for prescribing conditions regarding nationality, residence and place of birth to be satisfied by a
claimant, and the conditions applicable to a child or person in respect of whom an allowance is claimed;
(f) for prescribing circumstances in which a child or person not living in his parent’s household may be treated
as forming part of that household or another household;
(g) for prescribing circumstances in which a person, other than a parent of a child or person, may claim an allowance in
respect of such child or such person;
(h) prescribing guidelines for the determination of the medical aspects for the eligibility or otherwise of an applicant for
a claim in respect of a benefit, allowance or pension under this Act:
Provided that the Minister may not by such regulations d e cr ea s e t h e ra t e of be n e f it, gr an t, pensi ons, assi
stance o r allowance payable under this Act to any category of beneficiaries.
(2) For the purposes of subarticle (1), the Minister may by such regulations amend or substitute any of the Schedules to this Act
or index thereto.
(3) The Minister responsible for the elderly may, from time to t ime an d wi th th e con c u rren c e of the Mi nister resp onsibl
e f o r fi nance, make reg u la tion s for t h e purp o se o f establ ishing the contributi on due by residen t s of S t ate Financed
Residential Services in terms of article 93.
30(9), but including that payable under the provisions of article
30 (10)) in accordance with the pr ovisions of this Act, shall be entitled to receive a bonus. Such bonus shall consist of a sum of
€135.10 paid every six months in June and December of each year:
Provided that notwithstanding any other provisions of this
Act, such person shall only be entitled to receive one bonus at the
Subsidies to day care centres. Added by: II.1999.14.
Bonus, Additional Bonus and Cost of Living Bonus. Amended by:
XX. 1987. 12; XVI. 1990. 37;
XIII. 1991.35.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXV. 1994.2, 21;
L.N. 424 of 2007;
XXXII. 2007.60.
same time.
(2) Save as provided for in article 96 and subject to the other provi sio n s of th is Act , a p e rson who b e comes entitl ed
to any pension, assistance or allowance as is referred to in sub-article (1), shall also be entitled to receive an Additional Bonus
every four weeks at the rate of €3.12 per week over and above the bonuses to which he is entitled by virtue of this article:
Provided that notwithstanding any other provisions of this Act, such person shall only be entitled to receive one Additional Bonus
at the same time:
Provi de d fu rt her t h at su ch Ad di ti on al Bon u s shal l on ly remain payable until such time as any such pension, assistance
or allowance as is referred to in the said sub-article (1) is payable.
(3) Save as provided for in article 96 and subject to the other provisions of this Act, a person who is entitled to receive any
pension (excluding an Injury Pension where this is being paid to a person who is in insurable employment or who is self-occupied),
shall also be entitled to receive a Cost of Living Bonus. Such bonus sh al l be payable at the rate specifi e d in Part J o f the
Tw el fth Schedule over and above the bonuses to which such person may be entitled to by virtue of this article:
Provided that, notwithstanding any other provisions of this Act, such person shall only be entitled to receive o n e Cost of Living
Bonus at the same time for any pension payable under this Act:
Provided further that where a pension is being paid under an agreement in terms of article 134, the Cost of Living Bonus shall be
paid pro rata as applicable to the assessment of the pension rate under such agreement.
Abatement of Bonus and Additional Bonus. Re-numbered by: XXIV. 1993.2. Amended by: XXV.1994.22.
Cap. 452.
86. The bonus payable to any person under article 85(1) shall be abated by the amount of any bonus which such person is entitled to receive
from any employer in accordance with the Employment and Industrial Relations Act, in respect of any part of the six month period ending on the last day of June or December, as the case may be:
Pro vid ed th at w here any appo rti onm ent is requ ired un der article 87, the amount of any Bonus which the husband is entitled
to receive from any employer as aforesaid in this article and any weekly allowance payable by any employer in terms of the Weekly
Allowance National Standard Order, 1988 shall be abated from the Bonus and/or Additional Bonus due to the husband under article 85
before the apportionment of such Bonus and/or Additional Bonus is made.
Apportionment of Bonus and Additional Bonus. Re-numbered by: XXIV. 1993.2. Amended by:
XXV. 1994.23; XXXII. 2007.61.
apportioned equally between the said couple.
(2) The provisions of sub-article (1) shall not apply where the sp ou se is enti tl ed t o th e Bon u s, or part thereof, and,
or, the Additional Bonus under this article in the spouse’s own right or is in insurable employment or self-occupied.
(3) Where in the case of a married couple in respect of whom article 96(1) and (2) does not apply, and one of the married couple
has become an inmate of an institution as is referred to in article 93, and the provisions of the said article 93 have commenced
to apply in regards to such person, the Cost of Living Bonus or part thereof payable under article 85(3) shall be apportioned in
accordance with article 93(4).
88. (1) The Minister may, by order in the Gazette, provide for the payment of an ex gratia benefit by way of payment of any emergency assistance in cash or in kind by the Director General (Social and Family Affairs) appointed
by the Prime Minister to certain categories of persons and at such rates and in such form and manner an d for such t ime as
he may d e termine wit h the concurrence of the Minister responsible for finance.
(2) The aforementioned Director General shall keep such system of accounts and shall adopt such measures for the custody
of monies entrusted to him by the Director for the purposes of and in accordance with sub-article (1)(b) as shall be approved by the Accountant General and all books, receipts and records kept for t h is purpose sh all , at all t imes,
be open to in sp ection b y the Accountant General, the Auditor General and the Director.
Benefits payable ex gratia.
Added by:
XVI.1989. 15.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXV.1994.24;
XXI.1996.42;
XVI. 1997.8.
PART VII
MISCELLANEOUS PROVISIONS IN RESPECT OF PENSIONS,
ALLOWANCES, BENEFITS AND ASSISTANCE PAYABLE UNDER
THIS ACT
Provided that any such increases shall not only not adversely affect the rate of pension as is already payable to him or her immediately before such revision or reassessment as aforesaid in
Certain pensions not to be reduced. Amended by:
XIII. 1991.36; VIII.1992.32.
Re-numbered by: XXIV. 1993.2.
Amended by: XXIV.1993.13; XXV.1994.25;
XXVII.1995.11.
this article, but such pensioner shall, furthermore, be entitled to an increase in his or her rate of pension under this Act equivalent to tw o-thir ds of th e w a ge i n crease that i s r e q u ired by law to be awarded general l y i f such revi se d or re-assessed pen si on as i s payable under this Act would otherwise entitle such pensioner to a lower increase.
Duplicate rights.
Amended by:
XX. 1987.13;
XVI. 1990.38;
XIII. 1991.37;
VIII. 1992.33.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXV. 1994.2,26;
XXI. 1996.43;
II. 2002.72;
XXXII. 2007.62.
Provided that -
(a) the provisions of this article shall not apply in the case of Marriage Grant, Orphan’s Allowance, Children’s Allowance,
Care allowance, Maternity Benefit, Medical Assistance, Supplementary Allowance, Bonus or Additional Bonus payable under
this Act;
(b) a person shall be entitled to receive two or more injury pensions at the same time insofar as the sum of the weekly rates of
these pensions does not exceed the rate of pension to which he would be entitled in respect of loss of faculty which was assessed
at 90% or more;
(c) with effect from the 1st July, 1989, a person over the age of sixty years who is or could be barred from receiving an
Age Pension under this Act because of the provisions of article 66(b)(ii) shall not be deemed to qualify for a Disability Pension or a Pension for the Visually Impaired in terms of article 27 unless
such person can prove to the satisfaction of the Director that he had been suffering from a mental severe subnormality
or from cerebral palsy or that he had been a severely disabled person or that he had been a visually impaired person in
terms of this Act prior to reaching his sixtieth birthday:
Provided further that, with effect from the 5th January 2008, where in a calendar year a head of household becomes entitled to Children’s
Allowance in terms of this Act, such head of household shall not be entitled to more than one rate of Children’s Allowance for
the same period.
Increases in pensions and Social Assistance rates as a result of cost-of-living increases awarded
in wages generally.
Added by:
XXV. 1994.27.
Amended by:
XXVII. 1995.12.
Cap. 452.
90A. Notwithstanding any other provisions of this Act, whenever Government awards a cost-of-living increase in the rate
of the National Minimum Wage as is payable to persons of eighteen years of age or over under the provisions of the Employment and Industrial Relations Act, any Social Assistance or pension payable under and in accordance with the foregoing provisions of this Act (including an Orphan’s
Supplementary Allowance but excluding -
(i) an Injury Pension assessed at 89% or less, and
(ii) any National Minimum Pension Additional
Allowance),
shall, as from the date of such award or the date as from which such pension or assistance becomes due, whichever is the latter date,
automatically be increased by an amount equivalent to two-thirds of such cost-of-living increase unless a higher increase is due
under the aforesaid provisions of this Act, in which case, but save as provided for in the Sixth and Twelfth Schedules to this Act,
the provisions of this article shall not apply:
Provided that, in the case of a National Minimum Pension as is payable under this Act to a married man who is maintaining his wife,
the proportion of two-thirds as aforesaid in this article shall be upgraded to four-fifths:
Provided further that, where a person is entitled to two or more pensions as aforesaid in this article at the same time or to a pension
or pensions as aforesaid in this article which is or are being su pp lement ed by Soci al A ssist an ce, such p e r s on shal l onl
y be entitled to only one such automatic increase as aforesaid in this article in respect of the same period.
90B. Notwithstanding any other provision of this Act, whenever Government awards a cost-of-living increase in the rate of the national
minimum wage as is payable to persons of eighteen years o f age or over under the provisions of the Emp l oyment and Industrial Relations Act, any medical assistance paid in terms of the provisions of articles 20, 21, 22 and 24 and any allowance paid in terms of article
69(1), shall, as from the date of such award or from the date from which such assistance or allowance becomes due, whichever is
the later date, automatically be increased by an amount equivalent to 20% of such cost-of-living increase.
Provided that where such person would have been in receipt of the allowances payable unde r articles 76, 76A and 79, such allowances
shall, during any such period, be paid to the head of household with whom the child or person, in respect of whom such allowance
is being paid, is living:
Provided further that where such person is a married man who would have been entitled to a pension under this Act, and who, immediately
prior to being sentenced as above, was not having the provisions of article 96 applied to him, his wife shall be entitled to receive
half the pension which would have been payable to her husband had he not been disqualified under the provisions of this article,
provided she is not already entitled to a pension under this Act in her own right.
Increases in certain allowances and assistances as a result of
cost-of-living increases awarded
in wages generally.
Added by:
XXI. 1996.44.
Amended by:
II. 2004.25.
Cap. 452.
Persons in prisons. Re-numbered by: XXIV. 1993.2. Amended by:
XXI. 1996.45; II. 2002.73; XXXII. 2007.63.
Persons abroad. Amended by: XVI. 1989.16.
Re-numbered by: XXIV. 1993.2. Amended by:
XXI.1996.46.
which he is absent from Malta unless -
(i) he is absent in the course of employment of the kind described in paragraph 2 of Part I of the First Schedule to this Act;
or
(ii) he proves to the satisfaction of the Director that his absence from Malta was in connection with his own medical treatment
abroad in respect of that sickness or injury or industrial disease which has caused his claim for benefit;
(b) Sickness Assistance, Leprosy Assistance, or Tuberculosis Assistance during any period in which the person in
respect of whom such assistance is being paid is absent from Malta unless he proves to the satisfaction of the Director
that his absence from Malta was in connection with his own medical treatment abroad for that condition or disease in respect
of which such assistance is being paid.
(2) Entitlement to Social Assistance or to an Age Pension payable under this Act shall not be extinguished in respect of
any member of the household who is abroad provided the head of such household proves to the satisfaction of the Director that such
visit abroad is in connection with the medical treatment of such person; sohowever that the right for such assistance shall be extinguished
aft e r th e lap s e o f si x mo nt hs start i n g from th e first d a y of t h e person’s absence from Malta for such treatment
except where such visit abroad was approved by Government.
Residents of state financed
residential service.
Amended by:
XX. 1987.14;
XVI. 1989.17.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXV. 1994.28.
Substituted by:
XI. 2000.16;
II. 2004.26.
Amended by:
III. 2005.11.
(2) The Minister may, with the concurrence of the Minister responsible for finance, make regulatio ns providing for the
calculation of the contribution due by residents of State Financed Residential Services as are specified by the same regulations.
(3) Any contributions due in terms of the foregoing provisions of this article shall be deducted from any benefit, pension, bonus,
assistance or allowance payable under this Act.
(4) Notwithstanding the provisions of this article, where a resident of a State Financed Residential Service is a married
person wh ose spo u se i s no t su ch a r e si dent , and is no t i n receip t of a benefit, pension, bonus, assistance or allowance
payable under this Act in the spouse’s own right, 60% of the rate of benefit, pension, bonus, assistance or allowance which would
have otherwise been payable to such resident shall be payable to the spouse who is not a resident.
(5) Where no benefit, pension, bonus, assistance or allowance is due to a resident of a state financed residential service, and
whether such benefit, pension, bonus, assistance or allowance is payable under this Act or from any other source, or where such benefit,
pension, bonus, assistance or allowance is less than the amount that is due by way of a contribution, as specified in terms of subarticle
(1), the Director of the Department for the Elderly and Community Services shall be empowered to enter into a contract with such
resident and, or any other party, as the case may require, for any contribution that may be due to Government in accordance with
the provisions of this article.
131(1)(a)(iii) and who is at the same time receiving any pension,
including a Widow’s Benefit, or Social Assistance payable under this Act, shall, during the whole period within which such person
is b e nefit i ng fr om such serv ices, hav e his pension or Social
As sistance a b a t ed by €2.33 pe r wee k or, where suc h se rvice s include the preparation of meals, by €3.49 per week; sohowever
that, where such services are being rendered to a married couple
who are living together and of whom only one is in receipt of a pension or Social Assistance that pension or Social Assistance shall
be abated by €3.49 per week or, where such services include the
preparation of meals, by €5.24 per week.
(2) Any abatement made by virtue of the provisions of sub- article (1) shall be paid to Government.
Payments in lieu of pension to married men and their wives where the male is a resident of a state-owned hostel for the care and welfare of the elderly.
Added by: XIV. 1988.10.
Re-numbered by:
XXIV. 1993.2.
Persons benefiting from home-care/ home-help services provided by Government.
Added by: XIV. 1988.10.
Re-numbered by: XXIV. 1993.2.
Amended by: II. 2004.28;
L.N. 424 of 2007.
(a) where either the husband or the wife requests the Director that such half pension and/or half Bonus and, or, half Additional
Bonus be paid direct to the wife; or
(b) where the husband and wife are de jure separated and no mention is made in the judgment or contract of separation with regards to the apportionment or
otherwise of such pension and, or, bonus and, or, additional bonus:
Provided that such apportionment shall only take effect from
Separate pensions and split bonus and split additional bonus.
Re-numbered by: XXIV. 1993.2. Amended by: XXV.1994.29.
the date when the next payment of such pension and, or, Bonus and, or, Additional Bonu s is due fo llowing a written requ est to th
is effect from any one of the two parties concerned.
(2) The provisions of sub-article (1) shall not apply where the wife is already in receipt of any pension and, or, Bonus and, or,
Additional Bonus under this Act in her own right or where such pension as is referred to in the said sub-article (1) is being paid
in addition to any other pension payable under this Act.
(3) Where by any court judgment or as a result of any lawful agreement between a married couple any pension payable under the provisions
of this Act is being paid wholly or partly to the wife of the pensioner, the Bonus and the Additional Bonus payable under article
85 shall be paid wholly to the husband unless there is a court judgment to the contrary or unless the married couple otherwise agree.
Time and manner of making claims. Amended by:
XIV. 1988.11; XVI. 1990.40; XIII. 1991.38;
VIII. 1992.35.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXV. 1994.2;
XXI. 1996.47;
II. 1999.15;
II. 2002.29;
XXXII. 2007.64.
(a) he makes a claim therefor on the official form of the Department for that benefit, pension, allowance, injury grant or assistance
or in such other manner as the Director may otherwise determine in respect of any particular benefit, pension, allowance,
injury grant or assistance or with respect to any particular claim, and that this claim is officially received by the Department
within the respective time limits laid down in sub- article (2);
(b) he produces such certificates, documents, information and evidence for the purpose of determining his right to such benefit,
pension, allowance, injury grant or assistance as the Director may, from time to time, require and for that purpose attends
at such office or place as the Director may appoint.
(2) The time limits referred to in subarticle (1)(a) shall be as follows:
(a) in the case of Sickness Benefit and Injury Benefit, ten days starting from the first day of incapacity for work, and in the case
of an injury grant/injury pension that may be payable as a consequence of the after effects of an injury, within a month of the
diagnosis of such after effects;
(b) in the case of Unemployment Benefit or Special Unemployment Benefit, Social Assistance, Medical Assistance, an Age
Pension, a Disability Pension, a Pension for the Visually Impaired, a Carer ’s Pension, a Pension in respect of Invalidity
or a Supplementary Allowance, five days starting from the day in respect of which the claim is made;
(c) in the case of a Marriage Grant, a Maternity Benefit, a
a Pension in respect of Retirement or Widowhood, six months starting from -
(i) the day on which the child is born, in respect of a Maternity Benefit, a Children’s Allowance and a Disabled Child Allowance;
(ii) the day on which the person concerned reaches his retirement, in the case of a Pension in respect of Retirement;
(iii) the day on which the female concerned becomes a widow, in the case of a Pension in respect of Widowhood; and
(iv) the day of marriage, in the case of a Marriage
Grant:
Provided that if no claim is made for any of the aforesaid benefits, pensions, allowances or assistance within the aforesaid time
limits, entitlement to such benefits, pensions, allowances and assistance shall only accrue as from the date on which the relevant
claim is accepted by the Director as having been officially received by the Department; sohowever that in the case of a Marriage
Grant or Maternity Benefit no entitlement to such benefit shall accrue after the lapse of the period referred to in paragraph (c):
Provided further that -
(i) for the purposes of this sub-article any such claim as aforesaid in this sub-article shall not be accepted as having
been officially received by the Department unless and until it bears such official departmental stamp as may
be determined by the Director, which stamp shall include the date on which such a claim had been so officially received by the
Department; and
(ii) where the person making a claim for such benefit, pension, allowance or assistance as aforesaid proves to
the satisfaction of the Director that any delay in having his claim officially received by the Department was
not due to any negligence on his part, the Director may, at his discretion, consider the claim as having been officially
received in good time, either -
(a) if such a delay does not exceed a period of one hundred and four weeks, or
(b) in the case of a Disabled Child Allowance if the delay was due in the time taken to process conclusive medical evidence
of such disability, or
(c) in the case of a Children’s Allowance, if such allowance was in payment prior to the first Saturday of July,
1996, and the Director is satisfied that the beneficiary had
not been requested to submit a declaration in accordance with the provisions of Part VII of the Second Schedule to this Act.
(3) Where at any time prior to the 23rd February, 1990, any person submitted to the Director a claim for Children’s Allowance
or Special Allowance under this Act and, for whatever reason such allowance remained unpaid or suspended by the date aforesaid in
this sub-article, such person may notwithstanding that such person had failed to appeal to the Umpire appointed under this Act or
to take any other action competent to him at law, submit a fresh claim to the Director for such allowance by not later than 30th
April,
1990. The provisions of article 98(4) shall apply to the claim which has given rise to such fresh claim, and if no such fresh claim
is so
submitted as aforesaid, such allowance shall not be payable under this Act in relation to any period prior to the 23rd February, 1990:
Provi ded t hat t he fo reg oin g prov isio ns of t hi s sub -arti cle shall not apply in the case of a claim for Children’s Allowance
made in respect of a child born on or after the 23rd August, 1989, or, in the case of a claim for Special Allowance, made in respect
of a person who has reached his sixteenth birthday on or after the 23rd August, 1989; but in any such cases the provisions of article
98(4) shall nonetheless apply:
Provided further that, the foregoing provisions of this sub- article shall a lso apply to claims which were or igin ally lodg ed bet
w een th e 2 3 rd February, 1990 and the 19t h Apri l, 1990 in respect of periods prior to the 23rd February, 1990.
(4) Unless otherwise stated in the relative provisions of this Act, where a person is in a ny way disquali fied from receiv i ng
benefit, pension, allowance or assistance under this Act, he shall not again become entitled to such benefit, pension, allowance
or assistance under and in accordance with the provisions of this Act unless he makes a fresh claim therefor in terms of the foregoing
provisions of this article and for this purpose, the respective time limits laid down in sub-article (2) shall, in each and every
case, ta ke effe ct as fr om the da te on which such disqualifi c ation as aforesaid in this article ceases.
Payments. Amended by: XIV. 1988.12; XVI. 1989.18; XVI. 1990.41; XIII. 1991.39; VIII. 1992.36.
Re-numbered by: XXIV. 1993.2.
Amended by: XXV. 1994.2; XXI. 1996.48;
XI. 2000.17; II. 2002.74; XXXII. 2007.65.
(a) at the Department or at such other place or in such manner as the Director may from time to time determine; and
(b) in the case of -
(i) a Marriage Grant, Injury Grant or Maternity Benefit, as soon as possible after the claim has been determined;
(ii) Sickness, Injury, Unemployment and Special Unemployment Benefits, or social assistance in respect of unemployment,
in arrears at such intervals as the Director may from time to time determine; sohowever that, where a claim for
concerned is temporarily abroad, payment of such benefit shall be made in arrears in one lump sum as early as possible after
the person returns to Malta;
(iii) any pension, social or medical assistances, in advance at such intervals (being intervals not longer than five
weeks) as the Director may from time to time determine, but whenever the rates are increased the difference between the
new rates and the old rates may be paid in advance at intervals not exceeding twenty-six weeks from the date
when the rates are increased; and
(iv) a Supplementary Allowance, Children’s Allowances, Care allowance and a Disabled Child Allowance, in
advance at such intervals (being intervals not longer than fourteen weeks) as the Director may, from time to time,
determine:
Provided that, subject to the provisions of article
90, with effect from the 5th January 2008, in the case of the Fixed Children’s Allowance, in advance
at such intervals, being intervals of not longer than
53 weeks, as the Director may from time to time determine.
(2) Where the day on which a person becomes entitled to a pension, including Widow’s Benefit, allowance or assistance or becomes
entitled to any of them at a new rate, is not a Saturday, wit h ef fec t fro m the 15t h Octo ber, 19 77, en ti tlem e nt to such
pension, allowance or assistan ce and/or its new ra te shall, notwithstanding the foregoing provisions of this Act, accrue only as
from the foll owing Saturday, and, w here t he day on which a person ceases to be entitled to any of them, or being so entitled,
dies, is not a Friday, payment shall be made in respect of the whole week which ends on the following Friday.
(3) Any payments made in advance in accordance with sub- article (1)(b)(iii) and (iv) shall still be deemed to have been due to the beneficiary notwithstanding the fact that, during the period falling
between the date of such payment and the date on which such payment expires in terms of sub-article (2), there has been a change
in circumstances which would otherwise have adversely affected the rate of such payment forthwith in terms of the other provisions
of this Act.
(4) Notwithstanding any of the provisions of this Act, any claim for the payment o f any be nefit, pension, assistance
or allowance under this Act shall not be paid in arrears for a period e x ceeding s i x months, as the Dire ctor may dete rmine,
if the assessment or re-assessment or the continued payment of such a claim was held back as a result of the non-observance of the
provisions of article 97(1)(b) on the part of the claimant.
(5) Where any benefit, pension, assistance or allowance under this Act is paid following the advice of the Department’s medical
panel in accordance with the proviso to article 106, if this advice is subsequently changed following a re-examination of the case,
the advice of the previous medical panel shall remain valid till the day when the aforesaid advice is changed.
(6) Where payment for any benefit, pension, assistance or allowance under this Act is not obtained by the beneficiary within
2 years from the date of the issue of the original cheque, the right for such benefit, pension, assistance or allowance shall be
lost.
Non-payment of arrears of any benefits, pensions, assistance or allowance to persons with dual citizenship.
Added by: XVI. 1990.42.
Re-numbered by: XXIV. 1993.2.
Representation of deceased persons, and persons unable to act.
Re-numbered by: XXIV. 1993.2.
Benefit, pension, allowance or assistance to be inalienable.
Re-numbered by: XXIV. 1993.2.
Amended by: XI. 2000.18; II. 2004.30.
Cap. 372.
Cap. 12.
27 of the Constitution of Malta shall not be allowed for periods prior to the 1st August, 1989.
Provided that nothing in this subarticle shall be construed as limiting the provisions of the Income Tax Management Act, with regard to the withholding of tax at source, and provided further that the Director may at the request of the Director of the
Elderly and Co mmu ni ty Serv ices Depart ment wi th ho ld f r om any p e n s io n, b e nefi t, assistan ce, allo wance, b onu s
or add iti onal bo nus p a id under this Act, any sum due which is in accordance with the regulations issued in terms of the provisions
of article 93 to the Government.
(2) Any benefit, pension, allowance or assistance may not be subjected to a garnishee order or otherwise attached nor may any judgment
be executed thereon; but the provisions of article 381(3) of the Code of Organization and Civil Procedure sha ll mutatis mutandis apply.
the 1st of April 1978, any person who has received any sum by way of benefit, pension, allowance or assistance under this Act to which
he was not entitled in terms of the provisions of this Act shall be liable to repay to the Director the sum so received by him, and
the Director shall, without prejudice to any other right competent to him at law, recover such sum by means of deductions from any
benefit, pension, allowance or assistance to which he thereafter becomes entitled:
Provided that, with effect from the 6th January 1990 -
(i) where such overpayment occurs as a result of the non-disclosure or misrepresentation of a material fact (whether
the non-disclosure or misrepresentation was or was not fraudulent) the rate of recovery by means of deductions from any benefit,
pension, allowance or assistance to which he thereafter becomes entitled shall be determined by the Director but shall in
no case be less than the equivalent of 10% of the rate of benefit, pension, allowance or assistance to which he thereafter becomes
entitled; and
(ii) where such overpayment occurs as a result of any eventuality other than those mentioned in paragraph (i) of this proviso,
the rate of recovery by means of deductions from any benefit, pension, allowance or assistance to which he thereafter
becomes entitled shall also be determined by the Director but shall in no case exceed the equivalent of 5% of
the rate of benefit, pension, allowance or assistance to which he thereafter becomes entitled unless the beneficiary or
pensioner concerned, as the case may be, requests that a higher rate of such deduction be effected; so however that, in
any case the Director shall have no right to effect any such deductions as are referred to in this paragraph in respect
of overpayments which have been made prior to the period of two years going back from the date when the Director became
aware of such overpayment irrespective of the period to which the overpayment refers:
Provided further that, with the exclusion of the provisions of paragraph (i) of the foregoing proviso of this sub-article and the
p r ov isio ns r e l a t i n g t o t h e p e r i od of years i n r e sp ect of wh ich overpayments shall be refunded as are referred
to in paragraph (ii) of the said proviso, the foregoing proviso of this sub-article shall, with effect from the 6th January, 1990,
also apply to cases wherein such overpayment was discovered by the Department at any time before the 6th January, 1990, and such
overpayment or part thereof was still due to the Department after the aforesaid date.
(2) Where any person received any Unemployment Benefit, Special Unemployment Benefit or Social Assistance under this Act
benefit, pension, allowance or assistance improperly received. Substituted by: XVI. 1990.43. Amended by: XIII. 1991.40; VIII.1992.37.
Re-numbered by: XXIV. 1993.2.
Amended by: XXI.1996.49;
II.1999.16.
under false pretences, and between the 1st November, 1990, and the
3 1 st D e cem ber, 19 90, bo th dates in clusiv e, volu n tarily came forward and informed the Employment and Training Corporation
of
his abuse in this respect, such person shall, for the purposes of this article, not be deemed liable to repay to the Director any
benefit or assistance as aforesaid in this sub-article so paid to him in respect
of any period up to the date when he so informed the above- mentioned Corporation.
(3) Where any person is in re ceipt of any benefit, pension, allowance or assistance payable under this Act, and has failed to
pay any Class Two contribution due in terms of the provisions of this Act, or has paid a contribution at a rate, or at a category,
or of a class which is not in accordance with the provisions of this Act, the Director m a y recov e r any am o unt due i n respect
of such contributions by means of deductions from any benefit, pension, allowance or assistance to which such person thereafter
becomes entitled, and the rate of recovery for such deductions shall be as provided for in terms of paragraph (i) of the first proviso
to sub- article (1).
(4) Where any person who is in receipt of any benefit, pension, allowance or assistance payable under this Act has received any
sum by way of benefit, pension, allowance or assistance under this Act to which he was not entitled in terms of the provisions of
this Act, and subsequently becomes entitled to a lump sum by way of any arrears of benefit, pension, allowance or assistance payable
under this Act as a result of any re vision, re-ass essment or entitlement to new benefit, pension or allowance under this Act, then
any sum still due to be refunded in terms of sub-article (1) shall, to the extent that such sum can be so deducted, be deducted from
any arrears to which he may subsequently become entitled as aforesaid.
Recovery of benefits in respect of injury caused by wilful act or negligence.
Re-numbered by: XXIV. 1993.2. Amended by: XXI.1996.50. Cap. 16.
Cap. 424.
Cap. 16.
(a) from any person, other than the beneficiary, where an injury in respect of which benefit is paid or payable was caused by wilful
act or the negligence of such person or of any other person for whom under the Civil Code the first mentioned person is responsible;
(b) without prejudice to the generality of paragraph (a) above, from any employer, where the injury was caused on account of or through the non-compliance by himself, or by any
other person for whom under the Civil Code he is responsible, with any obligations imposed by the Occupational Health and Safety Authority Act, or by any regulations
made thereunder.
(2) Nothing in this article shall prejudicially affect any right to com p ensation or damages wh ich th e inju red p e rson or
tho s e claiming under him may have under the provisions of the Civi l Code against the person through whose wilful act or negligence the inj u ry was caused; bu t i n assessi ng the amo unt of such
compensati on or damages the court shall ta ke into account the
amount of benefit recovered by the Director as provided in sub- article (1).
(3) Any amount recovered under this article or under the last preceding article shall be carried to the credit of the Consolidated
Fund.
104. Notwithstanding any provision of the Widows’ and Orphans’ Pensions Act no contribution is payable under that Act, but all the provisions of that Act shall continue to have effect as if all the contributions
which, but for the provisions of this article, would have been payable under that Act, had in fact been paid.
Contributions under the Widows’ and Orphans’ Pensions Act.
Re-numbered by: XXIV. 1993.2.
Cap. 58.
PART VIII
DETERMINATION OF CLAIMS AND QUESTIONS
(a) whether any employment is insurable employment;
(b) whether a person is or was an employed person or a self-employed person or a self-occupied person;
(c) who is or was the employer of an employed person;
(d) whether contributions are payable by or in respect of any person;
(e) whether a contribution has been paid by or in respect of any person,
that question shall be determined by the Director after such inquiry as he may deem necessary, or, if the Director deems it expedient,
it shall be referred by him, after giving notice to any person appearing to him to be interested, to the Umpire appointed
under article 107.
(a) allow the claim; or
(b) disallow the claim; or
(c) after giving notice to the claimant, refer the claim to the Umpire appointed under article 107:
Provided that -
(a) if the claim is for Injury Grant, Injury Pension, Medical Assistance, or Social Assistance payable under the provisions
of article 30(4) and (8), a Carer ’s Pension, a Pension for the Visually Impaired, a Disability Pension or a Disabled
Child Allowance, the Director shall, before giving his decision, unless the claim falls on other statutory conditions, consult on
the medical aspects of the claim one or more persons holding the warrant to practise the medical profession
Determination of questions as to insurability and contributions.
Re-numbered by: XXIV. 1993.2. Amended by: XXI.1996.51.
Determination of claim.
Amended by: XIV. 1988.13;
XVI. 1989.19; XVI. 1990.44; VIII.1992.38.
Re-numbered by: XXIV. 1993.2. Amended by:
XXV.1994.2; XXI.1996.52; VI. 2006.6.
drawn from a panel of persons appointed by the Minister for the purpose of advising on such cases, as the nature of the claim
may require;
(b) if the claim is for Injury Benefit and the resultant period of incapacity for work exceeds ten benefit days the provisions
of paragraph (a) of this proviso shall apply and where the resultant period of incapacity of work does not exceed ten benefit days the provisions
of paragraph (c) of this proviso shall apply;
(c) if the claim is for Maternity Benefit, the Director may, if he so deems fit, before giving his decisions, unless the claim falls
on other statutory conditions, consult on the medical aspects of the claim one or more persons holding the warrant to practise the
medical profession, appointed by the Minister for this purpose;
(d) if the claim is for Sickness Benefit, with effect from the day as the Minister may determine by notice in the Gazette, the Director
shall not accept any such claim in respect of the fourth and subsequent day of each spell of incapacity for work unless
the medical certificate confirming the person’s incapacity for work is drawn and signed by a person holding the warrant to
practise the medical profession appointed by the Minister for this purpose; sohowever that, where the Director is satisfied
that the person making a claim for such benefit is ordinarily resident in Malta but is, on the date of such claim, temporarily
abroad, the Director may, notwithstanding the aforesaid provisions of this paragraph, accept such a claim as valid for the purposes
of this Act as long as it is supported by a medical certificate in such form and manner as the Director may deem fit in the
circumstances of the case and provided the person concerned proves to the satisfaction of the Director that he is not entitled
to any form of benefits as may be payable by any authority that is responsible for the payment of social security benefits
in the country where that person is temporarily living during the period of such incapacity for work; and
(e) if the claim is for a pension in respect of invalidity, the Director shall, before giving his decision and unless the claim
falls under other statutory conditions, consult on the medical aspects of the claim, one or more persons holding the
warrant to practise the medical profession appointed by the Minister for the purpose of advising on such cases:
Provided further that, in any claim for Sickness Benefit, the Director may, if he so deems fit, consult on the medical aspects of
the claim one or more persons holding the warrant to practise the medical profession, appointed by the Minister for this purpose.
(a) in all cases the person so appointed shall have held a warrant to practise the profession of advocate in Malta for at least seven
years; and
(b) the appointment shall be for a period of one year.
(2) The Umpire shall, before entering upon his duties, take an oath of office before the Attorney General in the form approved
by the Minister.
(3) The Umpire shall have the power to take expert advice when necessary at his discretion, and to summon any person
to app e ar befor e him to gi ve evi d ence on oath and / or to pro d u c e documents; and for these purposes he shall have the powers
which are conferred by law on the First Hall of the Civil Court.
Every summons shall be signed by him and shall be served either personally or by registered post, and in the latter case, in proving
service, it shall be sufficient to prove that the summons was properly addressed and posted.
(4) The Director shall be entitled to appear and be heard on any appeal or reference to the Umpire.
(5) The Umpire shall abstain from taking cognizance of a case or may be challenged in any of the circumstances in which a judge
would abstain or can be challenged in accordance wi th the provisions of article 734 of the Code of Organization and Civ i l Procedure and in every such case the provisions of Sub-Title II of Title II of Book Third of that Code shall apply so far as applicable.
Appointment of
Umpires.
Re-numbered by:
XXIV. 1993.2.
Amended by:
III. 2005.12.
Cap. 12.
(i) the determination of any question under article
105; or
(ii) any claim under article 106, unless the claim has been rejected by the Director following consultation by the
said Director on the medical aspects of the claim in terms of paragraph (a) of the proviso to the said article 106, in which case the Director may revise his decision in terms of the provisions of article
110 and where the persons forming the medical panel shall be different from the first medical panel which had investigated
the case in the first instance; or
(iii) any decision of the Director given under the proviso to article 35 and under article 58.
Such appeal may be made -
(a) at the instance of any person aggrieved by the determination or decision of the Director; or
(b) by the widow or widower as the case may be, or by the
Appeal to the Umpire. Amended by: XVI. 1989.20.
Re-numbered by: XXIV. 1993.2.
Amended by: XXIV. 1993.14;
XXV. 1994.2,30; II. 2004.31.
heirs of any person so aggrieved; or
(c) at the instance of a trade union if the person so aggrieved is or at the time of his death was a member of that trade
union.
(2) Subject to the provisions of sub-article (1), an appeal from any decision of the Director under article 105 may be made to
the Umpire in writing not later than ten years from that decision.
(3) Subject to the provisions of sub-article (1), an appeal from a decision of the Director given under the proviso to article
35 and under articles 58 and 106 may be made to the Umpire in writing w ith in thi r t y d a ys f r om t h e d a te o n w
h ich th e Di rect or communicates his decision in writing to the claimant or beneficiary as the case may be.
(4) In considering any appeal, the Umpire shall have the assistance of -
(i) one or more persons appointed by the Minister to act as assessors from the appropriate panel of those referred to in article
106, if the claim is for Injury Benefit, Injury Grant, Injury Pension, a Pension for Invalidity, a Pension for the Visually Impaired
or a Disability Pension and the Umpire feels that a medical advice is required; and
(ii) an assessor chosen from a panel of persons to represent employers and an assessor chosen from a panel of persons to
represent employed persons.
(5) The assessors referred to in sub-article (4)(ii) shall be appointed by the Minister after consultation with organizations
concerned with the interests of employers and employed persons respectively.
(6) No assessor referred to in sub-article (4) shall serve during the consideration of a case -
(i) in which he appears as a representative of the claimant; or
(ii) by which he is or may be directly affected; or
(iii) in which he has taken or may take any part as an employer or as an official of a trade union or as a witness.
(7) In any case where the Umpire decides to hear an appeal or r ef erence o rally, reaso nable notice of the time and place of
the hearing shall be given to the claimant or beneficiary, as the case may be, and to any other person who appears to the Umpire
to be interested in the case, and at such hearing the claimant or person to whom notice of hearing has been duly given may appear
personally or through a duly appointed representative.
(8) If, in any case of an appeal, the claimant, or beneficiary, as the case may be, to whom notice of hearing has been duly given,
fails t o appear at the hearing and does n o t give reasonable explanation for his absence, the Umpire may proceed to determine
the case, notwithstanding his absence, or may dismiss the appeal.
(9) Subject to the provisions of this Act, the procedure for the consideration and determination of any reference or appeal to
the Umpire shall be such as he shall determine, due regard being had to the principles of justice and fairness.
Provided that, where a person dies between the date of the delivery of the decision of the Umpire and the time within which an appeal
may be entered in accordance with sub-article (2), an appeal may also be made at the instance of the widow or widower, or the heirs
of such person.
(2) An appeal as aforesaid in this article shall be brought by an application within thirty days from the day on which the decision
of the Umpire is communicated in writing by registered post to the claimant or beneficiary or the Director, as the case may be.
(3) The Minister responsible for justice may by regulations under this subarticle establish the fees payable in the registry
of the co urts rel at i ve to t h e fili ng of judi ci al act s i n connectio n with appeals to the Court of Appeal under this Act:
Provided that until such fees are so established by the Minister, the fees contained in Schedule A to the Code of Organization and Civil Procedure shall apply.
(4) The board established under article 29 of the Code of Org a nizati on an d Ci vil Procedure m a y m a ke rules g overning appeals to the Court of Appeal (Inferior Jurisdiction) under this Act.
Appeal from the decision of the Umpire.
Re-numbered by: XXIV. 1993.2.
Substituted by: XXV.1994.31. Amended by:
VI. 2001.17.
Cap. 12.
(a) it was given in ignorance of or was based on a mistake as to some material fact; or
(b) since the date of the decision there has been a relevant change of circumstances,
and may give a revised decision to have effect from such date as he may determine.
111. In any proceedings before any court - (a) for an offence under this Act; or
(b) involving any question as to the payment of any
contribution under this Act; or
(c) for the recovery of any sums due under this Act,
the decision of the Umpire on any question specified in article 105 shall be conclusive for the purpose of those proceedings.
Power to revise decision.
Re-numbered by: XXIV. 1993.2.
Umpire’s decision to be conclusive for the purpose of proceedings.
Re-numbered by: XXIV. 1993.2.
Appointment of inspectors.
Re-numbered by:
XXIV. 1993.2.
Powers of inspectors.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXI. 1996.53;
L.N. 424 of 2007.
ADMINISTRATION AND FINANCE
(a) to enter without previous notice at all reasonable times any premises or place where he has reasonable grounds for
supposing that there are persons who are in insurable employment or self-occupied;
(b) to make such examination and inquiry as may be expedient for ascertaining whether the provisions of this Act are being
or have been complied with in any such premises or place, or for investigating the circumstances in which any injury
or disease which has given rise to a claim for benefit, pension, allowance or assistance, was or may
have been received or contracted;
(c) to examine, either alone or in the presence of any other person, as he thinks fit, with respect to any matters under this Act
on which he may reasonably require information, any person whom he finds in any such premises or place, or whom he has reasonable
cause to believe to be or to have been an employed person or a self-occupied person, and to require every such person to be so examined;
(d) to exercise such other powers as may be necessary for carrying this Act into effect.
(2) Where any premises or place is under the control of a go vern men t depar tmen t , th e D i r e ct or m a y
m a k e sp ecial arrangements with that department regarding inspections as to meet
the circumstances of the case.
(3) The occupier of any such premises or place, and any other person who is or has been employing any person, and the servants
and agents of any such occupier or other person, and any employed person shall furnish to an inspector all such information and shall
produce for inspection all such documents as the inspector may reasonably require.
(4) If any person -
(a) wilfully delays or obstructs an inspector in the exercise of any power under this article; or
(b) refuses or neglects to answer any question or to furnish any information or to produce any document when required to do
so under this article; or
(c) conceals or tries to conceal any person or prevents or tries to prevent any person from appearing before or
being examined by an inspector,
shall on conviction, without prejudice to any higher punishment to which he may be liable under any other law, be liable to a fine
(multa) of not less than two hundred and thirty-two euro and ninety-four cents (232.94).
(5) Every inspector shall be furnished with a certificate of his appointment signed by the Director and in carrying out any of
his functions under this Act shall, if so required, pr oduce the said certificate.
(6) An inspector shall not have any direct or indirect interest in any undertaking which may be subject to inspection by him; shall
not reveal at any time, even after ceasing to be an inspector, any manufacturing or commercial information or working processes
which come to his knowledge in the course of his duties; shall not divulge the source of any complaint bringing to his notice a default
under, or a breach of, the provisions of this Act; and shall not in any case inform the employer or the self-employed or self-occupied
person concerned or their representatives that a visit of inspection was made as a consequence of the receipt of such a complaint.
(7) Any inspector who contravenes the provisions of the foregoing sub-article shall, in addition to the punishment to which
he may be liable under article 133 of the Criminal Code, be also liable to dismissal ipso fact o from his employm ent with Government.
Cap. 9.
(2) Subject to the provisions of the Financial Administration and Audit Act, and in accordance with the provisions of article 132, the Director shall keep proper records of all disbursements and r e cei p
ts (i nclud i ng an y fi nes or p e n a lt ies impo s ed in t e rms o f articles 113, 117, 119 and 125) under this Act, and any expense
incurred in carrying this Act into effect, and to this end shall keep a separate Social Security Account, hereinafter referred to
as "the Account", as he shall, with the approval of the Accountant General, determine.
(3) A statement showing the receipts and payments of the Account shall, as soon as possible after the close of each financial
year and in any case not later than three months after the close of such year, be forwarded by the Accountant General to the Auditor
General, and article 65 (2) of the Financial Administration and Audit Act, shall apply to such statements.
Social Security Account. Amended by: XVI. 1989.21; XVI. 1990.45.
Re-numbered by: XXIV. 1993.2.
Amended by: XXI.1996.54;
XVI. 1997.8.
Cap. 174.
Cap. 174.
Expenses of administration. Re-numbered by: XXIV. 1993.2.
Failure by employer or self- employed person to pay contributions. Amended by:
XVI. 1989.22. Substituted by: XVI. 1990.46.
Re-numbered by: XXIV. 1993.2. Amended by:
XXI. 1996.55; XI. 2000.19; XIX. 2006.15.
ENFORCEMENT AND NON-COMPLIANCE
(a) 10% of the total value of such unpaid contributions, in respect of contributions due under this Act at any time prior to the 3rd
July, 1989; and
(b) 5% of the total value of such unpaid contributions, being contributions due under this Act in respect of any period after
the 2nd July, 1989, but prior to the 3rd January, 2000; and
(c) 1% per month of the total value of such unpaid contributions being contributions due under this Act in respect of any
period after the 2nd January, 2000; and
(d) 1% per month of the total difference obtaining from the rate at which such contributions were paid and the applicable rate due
at the time when such contributions were due in accordance with the provisions of this Act, in respect of any period after the 2nd
January, 2000,
shall be due and payable to the Director:
Provided that, where the period of such unpaid contributions falls between the 7th May, 1956 and the 1st January, 1989, if such unpaid
contributions are effectively paid at any time between the
1st April, 1989 and the 30th April, 1990, both days inclusive, any such further contributions as aforesaid as may be paid by him to
the
Director in terms of this sub-article shall subsequently be refunded to the employer or the self-employed or self-occupied person,
as
the case may be, if all such unpaid contributions are in fact paid by and including the 30th April, 1990 and any contributions due
under and in accordance with the provisions of this Act for the period 2nd
January, 1989 to 30th April, 1990, both days inclusive, are also duly paid in accordance with the provisions of this Act on the date
when any unpaid contribu tions as afor esaid in this prov iso are
effectively paid in accordance with this proviso:
Provided further that, in the case of a self-employed or self- occupied person, or a person in respect of whom the provisions of article
13 apply, who proves to the satisfaction of the Director that at the time when such contributions were due he was abroad or hospitalised,
the aforesaid prescribed time shall be extended to the
31st day of his return to Malta or discharge from hospital, as the case may be.
(2) Where any such employer or person as is referred to in sub- article (1) fails to settle his contribution dues together with
the aforesaid further contribution within three months of the aforesaid prescribed time the Director may, without prejudice to any
other right competent to him, by means of a judicial letter served on the person by whom such contributions or further contributions
are due, claim such payment, and upon the service of such a judicial letter, the claim of the Director contained in such judicial
letter shall, after the lapse of ten days from such service, constitute an executive title for the purpose of Title VII of Part I of Book Second of the Code of Organization and Civil Procedure, unless the person against whom it is served shall, within the said period of ten days or such further period being not more than
thi r ty days, as the competent civil court may on just cause being shown determine, by means of an application against the Director
before the competent civil court, challenge such claim, to which the following provisions of this sub-article apply:
(a) the application shall, under pain of nullity, state clearly and concisely the nature of the complaint, the facts out
of which the complaint arises, and the reasons why such complaint should be upheld;
(b) the applicant shall attach to the application all such documents in support of his claim as it may be in his power to produce
and shall indicate in his application the names of all the witnesses he intends to produce stating, in respect of each, the proof
which he intends to make;
(c) the court shall, without delay, set down the application for hearing at an early date, which date shall in no case be later than
thirty days from the date of the filing of the application;
(d) the application, and the notice of the date fixed for hearing, shall be served on the Director without delay, and the said Director
shall file his reply thereto within fifteen days after the date of the service of the application;
(e) the Director shall, in his reply, state clearly and concisely whether he agrees to the facts set out in the application,
and the reasons why he objects to the claim; he shall moreover state in his reply the names of the witnesses in support of
his reasons and shall attach thereto all the documents in support thereof;
(f) on the day fixed for the hearing of the application, the court shall consider the issues of fact and of law as are ascertainable
only from the application, reply or documents filed, by either of the parties, or from the evidence indicated by either
of the parties in the application or reply, as the case may be, or from the oral pleading of either of the parties;
(g) the court shall hear the application to a conclusion within five working days from the date fixed for the
Cap. 12.
Cap. 12.
original hearing of the application, and no adjournment shall be granted except either with the consent of both
parties or for an exceptional reason to be recorded by the court, and such adjourned date shall not be later than that justified
by any such reason;
(h) saving the preceding provisions of this sub-article, the provisions of the Code of Organization and Civil Procedure relating to proceedings before the First Hall of the Civil Court shall apply in relation to any such application.
(3) Notwithstanding the provisions of any other law, the claim of the Director of any amount du e by way o f any Class O ne or
Cl ass Tw o co nt rib u t i on u nder th is art i cle sh all const i t u te a privileged claim in the case of a Class One contribution,
ranking equally with wages of employees over the assets of the employer, and, in the case of a Class Two contribution, over the estate
of the self- employed or self-occupied person concerned and shall be paid in preference to all other cla i m s (e xclu din g wages)
w h eth e r privileged or hypothecary.
(4) For the purposes of this article, a notice by the Director to any employer or a self-employed or self-occupied person showing
the number and the amount of contributions which such employer or self-employed or self-occupied person has failed or neglected to
pay shall, unless the contrary is proved, be sufficient evidence that the amount in the said notice is the amount due to be paid
to the Director by the employer or the self-employed or self-occupied person concerned.
(5) Without any prejudice to the foregoing provisions of this article, where a self-employed or self-occupied person fails to pay
any contribution due in accordance with the provisions of this Act, or pays a contribution at a rate, or at a category, or of a class
which is not in accordance with the provisions of this Act:
(i) any claim by the Director for the payment of such unpaid contributions, or for the payment of any difference due by way
of adjustment in the rate, category or class of contributions, shall be barred by the lapse of thirty years; and
(ii) any request by the self-employed or self- occupied person to pay such contributions, or any request for any
refund that may result as a result of an adjustment in the class or category paid shall be deemed null and void if submitted after
attainment of pension age or after the lapse of five years from the time when the proper rate of contribution was due, whichever
is the earlier:
Provided that in the case of a person born on or after the 1st January 1962, any contribution payable in terms of this article shall
be payable at the rate at which the contribution will be payable at the time of payment.
Provided that nothing in this article shall be construed as - (a) detracting from the provisions of article 116(5)(ii); or
(b) giving any person the right to claim a refund of any
further contribution paid by him in accordance with the said article 116 prior to the 29th September, 1997.
Exemption. Added by: VII. 1998.2.
(2) For the purpose of enforcing the payment of such arrears of unpaid contributions as mentioned in subarticle (1), the powers vested in the Director of Social Security by Part X may also be exercisable by the Commissioner of Inland Revenue.
Collection of arrears of unpaid contributions. Added by:
III. 2005.13.
(i) knowingly or recklessly makes any false statement or false representation; or
(ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information
which he knows to be false in a material particular; or
(iii) fraudulently fails or omits to report to the Director, before receiving any payment, any change of circumstances
which has or may have a material bearing on the amount, or mode of giving such payment,
shall, on conviction, be liable to a fine (multa) of not less than forty-six euro and fifty-nine cents (46.59) but not exceeding one and a half times the amount of benefit,
pension, allowance or assistance unlawfully received or one thousand and one hundred and sixty-four euro and sixty-nine
cents (1,164.69), whichever shall be higher, or to imprisonment for a term of not less than three months but not exceeding twelve
months or to both such fine and imprisonment.
(2) Where for the purpose of paying a Class Two contribution, at a rate that is lower t h an that properly due, a self- e mpl
oyed person -
Misuse of documents and failure to report changes. Amended by: XIII.1991.41.
Re-numbered by: XXIV. 1993.2.
Amended by:
L.N. 424 of 2007.
(i) knowingly or recklessly makes any false
statement or false representation; or
(ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information
which he knows to be false in a material particular,
shall be liable, on conviction, to a fine (multa) of not less than one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) but not more than two thousand
and three hundred and twenty-nine euro and thirty-seven cents (2,329.37).
(3) Where an employer fails to comply with the provisions of t h e Wo rk B ooks Ord e r , 1 974 insofar as thi s appl ies to the
en gag e m e n t or recrui tmen t of em pl oyees, an d as a resul t such person unlaw fully receives any be nefit, pension, allowance
or assistance under this Act to which he would otherwise not have been entitled under the provisions of this Act, such employer shall
be liable to pay to the Director damages equivalent to the amount so r e ceiv e d b y such person b y way of such benefi t, p e nsio
n, allow a nce or assist ance withi n one w eek of a request by th e Director for the payment of such damages; and, for the purposes
of this sub-article, unless the contrary is proved by the employer to the satisfaction of the Director, the amount so requested by
the Director shall constitute a lawful claim on such employer.
Forgery of
National
Insurance Stamps.
Re-numbered by:
XXIV. 1993.2.
Cap. 147 - Repealed.
General penalty. Re-numbered by: XXIV. 1993.2. Amended by:
L.N. 424 of 2007.
(2) If, any person -
(a) forges an insurance stamp issued under the provisions and for the purposes of the National Insurance Act†;
(b) makes or, without lawful excuse, has in his possession any dye, plate, instrument or material for forging an insurance stamp;
(c) knowingly utters, sells, deals in, hawks, distributes or uses a forged insurance stamp;
(d) causes or procures to be done, or knowingly aids, abets or assists in doing, any of the acts mentioned in paragraphs
(a), (b) and (c),
he shall, on conviction, be liable to imprisonment for a period of not less than three years but not exceeding seven years.
119. If any person contravenes or fails to comply with any of th e req u ir ements of t h i s Act , in respect of which no special punishment
is provided, he shall be guilty of an offence and shall for each offence be liable, on conviction, to a fine (ammenda) of not less than eleven euro and sixty-five cents (11.65).
11 3( 6) an d u n d e r art i cl es 11 7 and 11 8 shall be deemed to be contraventions.
(2) The sworn statement of any officer mentioned in the last preceding sub-article to the effect that he has been deputed by the
Director for the purpose therei n s t ated, shall be conclusive evidence of such fact, should the proof thereof be required by the
accused.
(3) The Director or the officer deputed by him may, n e v e rt heless, be pro duced as a wit n e s s at th e r
e q u e s t of the accused, but should his evidence be required as part of the case for the prosecution, he shall be heard in evidence
before assuming the duties of prosecuting officer (other than that of stating the facts constituting the offence) unless the necessity
of his evidence arises subsequently.
Nature of offences under this Act. Amended by: XVI.1990.47.
Re-numbered by: XXIV. 1993.2.
Criminal proceedings. Amended by: VIII.1990.3.
Re-numbered by: XXIV. 1993.2.
(2) For the purposes of sub-article (1) a certificate purporting to be signed by or on behalf of the Director as to the date on
which such evi d ence as aforesaid came to his knowledge shall be conclusive evidence thereof.
123. (1) Without prejudice to article 13 of the Interpretation Act, where any act, matter or thing required to be done or to be o mit ted to b e do ne by or u n d e r th is Act is to be do ne o
r t o be omitted by a body or other association of persons, such act, matter or t h in g shal l also be requ ired to be do ne or
t o be om it ted personally by the manager or other principal officer of such body or association; and the provisions of this Act
and of any regulations made thereunder shall apply accordingly.
(2) Where in application of sub-article (1) any payment is due to be made by a body or association of persons and by the manager
or other principal officer thereof, such o b ligation shall be due jointly and severally.
Limitation of action.
Re-numbered by: XXIV. 1993.2.
Liability of manager and other principal officer or body of persons.
Re-numbered by: XXIV. 1993.2.
Cap. 249.
Proceedings against employer for benefit lost through
employer’s default.
Re-numbered by:
XXIV. 1993.2.
(a) to pay any contributions which under this Act he is liable to pay in respect of any employed person in his employment; or
(b) to comply, in relation to any such person, with the requirements of this Act relating to the payment and collection of
contributions,
and by reason thereof a person has lost, in whole or in part, any benefit, pension or allowance to which he would have been
entitled, that person shall be entitled to recover from the employer as a civil debt a sum equal to the amount of the benefit, pension
or allowance so lost, or such sum as the court, may, having regard to the circumstances of the case, determine.
(2) Proceedings may be taken under this article notwithstanding that proceedings have been taken under
any other article of this Act in respect of the same failure or neglect.
(3) Proceedings under this article may notwithstanding the provisions of any law to the contrary, be brought at any time
within two years after the date on which the person is informed in writing by the Direct or of thi s entitl em en t to any benefit,
pensio n or allowance claimed by him under his Act.
Information required by the Director.
Re-numbered by: XXIV. 1993.2. Amended by:
II. 1999.17;
L.N. 424 of 2007.
(2) If any person fails to provide any such information in whole or in part within the time indicated in the request or knowingly
or r ecklessly provides incorrect inf ormatio n he shall b e l iab le, on co nv ictio n, t o a fin e ( mu lta ) o f no t less than on e hun dred and sixteen euro and forty-seven cents (116.47) for each such offence and to a further fine (multa) of not less than two euro and thirty- three cents (2.33) for ev ery day during wh ich the said offence continues:
Provided that no proceedings shall be taken against him if, after an intimation in writing of the charge against him has been give
n to him, he agrees to pay and in fact pays to the Director wi thin such tim e as m a y be fixed b y the latter a p e nalt y not
exceeding fifty-eight euro and twenty-three cents (58.23) for every such failure as aforesaid and a further penalty not exceeding
one euro and sixteen cents (1.1 6) for every day during which such failure continues.
Provided that where an em pl oy ed person fai ls to p ay any contributions in accordance with article 8(5), such non-payment shall, where such employed person has received the wages due to him, always be deemed to be due to the fault on the part of the employed person.
Unpaid contributions deemed as paid in cases where employee has no blame.
Amended by: XVI. 1990.49.
Re-numbered by:
XXIV. 1993.2.
127. Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right to appeal to the Court of Cri m i n a l App eal fro m any j udg m e nt g i ve n b y th e Co urt of Magistrates in respect of criminal proceedings arising out of the provisions of this Act.
Appeals at the instance of the Attorney General. Amended by:
VIII. 1990.3.
Re-numbered by:
XXIV. 1993.2.
Cap. 9.
PART XI
ESTABLISHMENT OF A SOCIAL ASSISTANCE BOARD AND A WELFARE COMMITTEE
(2) The members appointed by the Minister shall hold office for a period not exceeding one year, but s h all be eligible for reappointment.
(3) The Minister shall also appoint a Secretary to the Board who will not be a member.
(4) The quorum shall be half the total number of the persons comprising the Board.
(5) Subject to sub-article (4), the Board may act notwithstanding any vacancy amongst its members.
(6) Subject to the provisions of this article, the Board shall regulate its own procedure.
Social Assistance
Board.
Re-numbered by:
XXIV. 1993.2.
Functions of the Social Assistance Board.
Amended by: XVI. 1989.24.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXV. 1994.32;
L.N. 424 of 2007.
Cap. 141 - Repealed.
(2) In addition to the functions referred to in sub-article (1), the Board shall also examine cases wherein in terms of paragraphs
3 and/or 4 of the Emergency Assistance Order 1989, the Director General (Social and Family Af fairs) appointed by the Prime Minister
is of the opinion that the limits laid down therein need to be exceeded.
(3) It shall be the duty of the Board to treat each case with the utmost urgency and to arrive at a decision in the shortest possible
time.
(4) For the discharge of its functions under this Act the Board shall be empowered -
(a) to require any person to appear before it to give information under oath or affirmation;
(b) to require any person to produce before it any books or other documents.
The oath shall be administered by the Chairman.
(5) The weekly amount of Social Assistance which the Board may authorise under sub-article (1) shall not exceed the amount to which
the head of household would, but for the fact that he is not regi stered un der Part I of t h e Em p l o y m e nt Reg i st er kep
t in accordance with the provisions of the Employment Service Act, have been entitled under this Act, sohowever that no account shall
be taken of the head of household in determining the number of persons in that household for the purposes of Part I of the Sixth
Schedule to this Act.
(6) The maximum amount of Emergency Assistance in cash which the Board may authorize und er sub-article (2) shal l not exceed
€33.78 in any period of 7 consecutive days but may nonetheless continue to be paid for any such period of time as the Board may
determine in the circumstances of the case.
(7) The amount of Emergency Assistance in kind which the Board may authorize under sub-article (2) shall not be subjected to
any limit but the Board shall ensure, as far as possible, that the i t ems t h at need t o be purch ased beyo nd the l imi t l a
id d o wn in p a rag r ap h 4 of th e Em er g e ncy A s si stan ce O r d e r , 19 89 are absol u tely n e cessary and that the expen
d iture thereo n wi ll be contained within justified reasonable limits.
(8) Any decision taken by the Board under this article shall be final and conclusive.
(2) The Minister shall also appoint a Secretary to the
Committee, who will not be a member.
(3) The Chairman and the other members of the Committee shall be appointed for a period not exceeding one year, but shall
be eligible for re-appointment.
(4) The quorum shall be half the total number of the members comprising the Committee.
(5) Subject to sub-article (4), the Committee may act notwithstanding any vacancy amongst its members.
(6) Subject to the provisions of this article the Committee may regulate its own procedure.
Welfare Committee. Amended by: XIV. 1988.14.
Re-numbered by: XXIV. 1993.2.
Amended by: XI. 2000.20; III. 2005.14.
(a) to administer the funds entrusted to it by Government, for the benefit of -
(i) such inmates as are referred to in article 93 and of such other inmates as are designated for the purpose by the Minister;
(ii) residents of state-owned hostels for the care and welfare of the elderly as are specified by the Minister by notice
in the Gazette; and
(iii) recipients of home-care/home-help services that are provided by Government for the elderly comprising mainly their
daily shopping needs and personal errands, bed-making, laundering, drying and ironing of clothes, limited personal attention,
such as dressing-up and washing, as may be required in the circumstances of the case, general household cleaning, and,
where specifically requested by the recipient of such service, cooking and feeding;
(b) to advise the Minister on any matter referred to in the foregoing paragraphs of this subarticle, and on any other matter
concerning the welfare of the categories of persons referred to in paragraph (a) as the Minister may refer to it.
(2) In exercising its functions the Committee may establish s u bsidiary committee s , a nd such committees shall, as far
as possible, include persons representative of the categories referred
Functions of the Welfare Committee. Amended by: XIV. 1988.15.
Re-numbered by: XXIV. 1993.2. Amended by:
XVI. 1997.8; II. 2004.32.
to in article 130(1), provided that such subsidiary committees shall be chaired by a member of the Committee.
(3) In administering funds entrusted to it, the Committee shall keep such system of accounts and shall adopt such procedures for
the custody and disbursement of moneys entrusted to it as shall be approved by the Accountant General and all books, receipts and
r eco rd s ke pt f o r th is pu rp ose shal l, at al l ti me s, be op en to inspection by the Director, the Accountant General, the
Auditor General and any other public officer whom the Minister appoints for this purpose.
(4) The Committee shall utilize all funds entrusted to it for the care, welfare and benefit of the categories of persons referred
to in sub-article (1)(a):
Provided that -
(i) such part of such funds as may be approved by the Minister may be utilized by the Committee for its own expenses; and
(ii) such part of such funds as may be directed by the Minister from time to time may be utilized for such purpose or class of
purposes as the Minister may, for the benefit of the aforesaid categories, determine.
(5) The Minister may give to the Committee directives of a general nature on the policy to be adopted by it.
(6) The Committee shall, not later than two months after the 1st day of January of any one year, submit to the Minister a report
on it s acti v it ies f o r t h e prev io us calendar year, together with a statement showing details of the expenditure incurred
during that year, together with a statement showing details of the funds entrusted and made available to the Committee and any balance
of such funds remaining at the end of the said year.
Duties and functions of the Director.
Re-numbered by: XXIV. 1993.2. Substituted by:
II. 1999.18. Amended by: III. 2005.15;
VI. 2006.7; XXXII. 2007.66.
PART XII
DUTIES, FUNCTIONS AND SPECIAL POWERS OF THE DIRECTOR
(2) In addition to any other functions or duties assigned to him, by or under any other law, the Director General (Social Security) and the Director responsible for the Benefit Fraud and Investigation Direc t orate s ha ll, subject to the supervision and control of the Minister, carry out and perform such functions and duties as may, from time to time, be assigned to him by the Government.
(a) to administer oaths for the purpose of the proper performance of his functions, as well as for the proper administration
and execution of this Act, which power he may also delegate to any other officer of his Department;
(b) to require any person, including any public officer in the service of the Government and any Bank or of any firm, partnership,
company or corporation to furnish to him all the information that he may require in order to be able to arrive at any decision
or to revise any decision, which he may take under the foregoing provisions of this Act; and notwithstanding
the provisions of any other law enjoining secrecy passed before, on or after the commencement of this Act, such officers as are
mentioned in this paragraph are hereby authorised to furnish to the Director any such information that he may require:
Provided that, except so far as may be necessary for the proper discharge of his functions and duties or for the purpose of a prosecution,
the Director shall be bound to observe secrecy in regard to any information furnished to him under this paragraph, which apart
from this paragraph, ought to be treated as secret, and the provisions of article 133 of the Criminal Code shall apply to any wilful breach of such duty:
Provided further that, the provisions of the immediately foregoing proviso shall also apply to any officer or other employee
of the Department concerned who for any reason whatsoever becomes aware of such information during the proper discharge of his duties;
(c) to require any person to produce his income tax returns and/or assessments for the purpose of establishing his net income, or
earnings.
Special powers of the Director. Amended by:
XVI. 1989.25.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXI. 1996.56.;
II. 1999.19.
Cap. 9.
PART XIII
GENERAL PROVISIONS
(2) The Minister may, by order, extend the application of this Act, insofar as Social and Medical Assistance, or the grant of an Age Pension, a Disability Pension or a Pension for the Visually Impaired are concerned, to persons who are not citizens of Malta in
Reciprocal and multilateral agreements.
Re-numbered by: XXIV. 1993.2. Amended by:
XXV. 1994.2; XIII. 2005.33.
order to give effect to any convention, agreement or arrangement to which Malta is a party, and which provides for reciprocity in
Social and Medical Assistance or in the grant of such pensions.
(3) The Minister may make regulations to provide for the transposition and implimentation of any directive or other legal
instrument o f the Europ e an Un ion o r of any decision of th e European Court of Justice on matters of social security.
Free postage.
Re-numbered by:
XXIV. 1993.2.
Savings. Cap. 120, Cap. 136, Cap. 147, Cap. 148 - Repealed.
(2) Any references in any other enactment to the enactments mentioned in sub-article (1), being references of a general nature, shall be substituted by references to the title of this Act.
Amended by: XVI. 1989.26; VIII. 1992.39; XXI. 1996.57. Substituted by: L.N. 100 of 2006. Amended by: XXXII. 2007.67.
Cap. 343.
[ARTICLE 5]
INSURABLE EMPLOYMENT PART I
EMPLOYMENTS
1. Employment in Malta under any contract of service or apprenticeship, written or oral, and whether expressed or implied, including
employment by or under the Government of Malta. For the purposes of this Schedule "apprenticeship" shall have the same
meaning assigned to it under article 29 of the Employ ment and Training Services Act:
Provided that, saving the provisions of any agreement with any other country, employment as af oresaid outside Malta shall be t r
e a ted as em pl oym en t in Ma lta if the employee concerned is ordinarily resident in Malta and the employer is the Government
of Malta or has a place of business in Malta.
(a) as master or a member of the crew of any ship or vessel registered in Malta;
(b) as pilot, commander, navigator or a member of the crew of any aircraft licensed in Malta;
(c) on board any ship or vessel, otherwise than as master
or a member of the crew: Provided that -
(i) this employment is for the purposes of the ship or vessel or her crew or of any passengers or cargo or mails carried thereon;
(ii) where the employee concerned is not a citizen of Malta, the contract is entered into in Malta, and, in all cases, irrespective
of the employee’s nationality, with a view of its performance (in whole or in part) while the ship or vessel is on her voyage;
and
(iii) the employer has a place of business in Malta;
(d) on board any aircraft, otherwise than as pilot, commander, navigator or a member of the crew:
Provided that -
(i) this employment is for the purposes of the aircraft or its crew or of any passengers or cargo or mails carried thereon;
(ii) where the employee concerned is not a citizen of Malta, the contract is entered into in Malta, and, in all cases, irrespective
of the employee’s nationality, with a view to its performance (in whole or in part) while the aircraft is on its
flight; and
(iii) the employer has a place of business in Malta.
3. Services after the 14th August, 1979, in any of the offices specified in articles 48, 59(1), 80 and 88 of the Constitution.
4. Service after the 5th January, 1981, as a member of the House of Representatives, othe r th an serv ice in any of fices specified
in articles 59(1), 80 and 88 of the Constitution, except where the person concerned is self-occupied.
6. Government employees who have been released on unpaid leave from performing duty with Government in order to become members of a co-operative prim ary society in terms of the Co- operative Societies Act.
Cap. 442.
PART II
EXCEPTED EMPLOYMENTS
Cap. 452.
(a) employment entered into prior to the 5th January 2008 of a person who has reached pension age prior to the
5th January 2008; or
(b) employment of a widow under pension age, if she so elects, who is in receipt of a pension in respect of widowhood under
this Act:
Provided that the weekly wage or salary of such person or widow does not exceed the National Minimum Wa g e , or its monthly equivalent,
as is applicable to persons of eighteen years of age or over establ ished by a N a t i onal S t and a rd O r der i s su ed u nder
the Employment and Industrial Relations Act.
[Articles 12, 20, 23, 27, 30, 66, 68, 73, 76 and 76A]
Calculation of means for the purposes of an exemption from the payment of Class Two Contributions and for the award of Social As sistance , Sic k ne ss Ass i stance, Free Me dic a l Aid, an Age Pension, a Disability Pension, a Pension for the Visually Impaired, a Carer ’s Pensi on, Children’s Allowance, a Supplem entary Allowance and a Disabled Child Allowance.
PART I
Exemption from the Payment of Class Two Contributions
(a) the value of any property including any settlement of property in trust (excluding the house of residence) belonging to
that person which is, or could be, invested or put to profitable use, excluding furniture, jewellery and other personal
effects:
Provided that where the cash at bank and in hand (including any liquid assets, time deposits, bonds, stocks, shares
or other securities), cash settled in any trust and the capital value of any urban immovable property including any settlement
of such property in trust (excluding the house of residence) which is not being put to profitable use, together exceed €9,320
in the case of a single or widowed person, or €16,310 in the case of a married person, the person requesting an exemption from
the payment of a Class Two contribution shall be deemed not to be entitled to such an exemption; and
(b) save as provided in paragraph 3 of this Part, any income or privilege which is, or could be, received or enjoyed by any
person including any person entitled to benefit under a trust or in whose favour a discretion to distribute property, including
income or privilege, held in trust may be exercised.
1(a) of this Part do not exceed the limits laid down therein:
(a) the first €585 of such capital resources shall be ignored; and
(b) the value of any urban immovable property as is referred to in the proviso to the aforesaid sub- paragraph
(a) shall be treated as producing an annual income equivalent to 5.5% of its capital value.
Amended by: XIV. 1988.17; XVI. 1989.27; XVI. 1990.50; XIII. 1991.42; VIII. 1992.40; XXIV. 1993.15; XXV. 1994.2,33; XXVII. 1995.13; XXI. 1996.58;
II. 1999.20;
L.N. 21 of 2001;
L.N. 4 of 2001;
II. 2002.75, 76, 77.
Substituted by:
L.N. 422 of 2002;
L.N. 436 of 2003;
L.N. 100 of 2006;
L.N. 101 of 2006;
L.N. 318 of 2007.
Substituted by:
L.N. 424 of 2007.
Amended by:
XXXII. 2007.68.
Substituted by:
L.N. 149 of 2008.
Amended by:
II. 2009.25.
Substituted by:
L.N. 143 of 2009;
L.N. 437 of 2010.
Amended by:
IV. 2011.30.
Substituted by:
L.N. 330 of 2011.
Cap. 207.
taken of:
(a) any assistance, pension, benefit or allowance payable under this Act;
(b) any sickness benefit from a friendly society or a trade union;
(c) any sum paid out of a charitable fund;
(d) any pension, other than a pension payable by virtue of article 16A of the Malta Dockyard Act, which is paid apart from this
Act; and
(e) the first €470 by way of earnings derived by any person from the carrying out of hand knitting, lace making,
crochet and embroidery activities at home, and the manufacture of which does not involve any mechanical processes.
PART II
Sickness Assistance
(a) save as provided for in paragraph 3 of this Part, of the value of any property including any settlement of property in
trust (excluding the house of residence) belonging to all the members of the household who are neither employed persons nor
self-employed or self- occupied persons in terms of this Act, which is, or could be invested or put to profitable use excluding
furniture, jewellery or other personal effects:
Provided that where the cash at bank and in hand (including liquid assets, time deposits, bonds, stocks, shares and other
securities), cash settled in any trust and the capital value of any urban immovable property including any settlement of
such property in trust (excluding the house of residence) which is not being put to profitable use, together exceed -
(i) €14,000 in the case of a household consisting of one member only or of a number of members headed by a single person or
a single parent; or
(ii) €23,300 in the case of a household consisting of at least the head of household and the spouse of such head of household,
the person claiming Sickness Assistance shall not be deemed to be entitled to such assistance; and
(b) save as provided for in paragraph 4 of this Part, of any income or privilege which is, or could be received or enjoyed by any
member of the household including any entitlement of such member to benefit under a trust or in whose favour a discretion
to distribute property,
including income or privilege, held in trust may be exercised who is neither an employed person nor a self- employed or self-occupied
person in terms of this Act:
Provided that any such property or income that has to be taken into account for the purposes of this Part, in accordance with
the foregoing provisions of this paragraph, shall include any property or income which any member of the household as aforesaid
in this Part had directly or indirectly deprived himself of in order to become entitled to Sickness Assistance or to become
so entitled at a more advantageous rate:
Provided further that where a member, not being the head of household and the spouse of such head of household, is an employed
person or a self-employed or self-occupied person, and his gross wage or gross income, as the case may be, does not exceed 35%
of the National Minimum Wage as is applicable to persons of eighteen years of age or over established by a National
Standard Order issued under the Employment and Industrial Relations Act during the period in respect of which such assistance is due, such a member shall for the purposes of this paragraph, not be deemed
to be an employed person or a self- employed or self-occupied person.
1(a) of this Part do not exceed the limit laid down therein:
(a) the first €585 of such capital resources shall be ignored; and
(b) the value of any urban immovable property as is referred to in the proviso to the aforesaid sub- paragraph
(a) shall be treated as producing an annual income equivalent to 5.5% of its capital value.
3. Where any member of the household as aforesaid in this Part, other than the head of household and the spouse of such head of household,
is in possession of any property as is referred to in paragraph 1(a) of this Part:
(a) the entire value of any future house of residence or part thereof belonging to such member in view of marriage shall be
ignored; and
(b) one-half of the value of any other such property shall be disregarded unless such property had been transferred or
donated to him by the head of household or the spouse of such head of household within the twelve months immediately preceding
the claim for Sickness Assistance.
(a) the first €95 arising out of the use of property;
Cap. 452.
Cap. 123.
(b) any Social Assistance, Leprosy Assistance, Tuberculosis Assistance, Milk Grant and Sickness Assistance
payable under this Act and any pension or pensions (whether paid under this Act or not) up to a maximum aggregate amount
equivalent to the aggregate of the highest rate of the National Minimum Pension, inclusive of the Additional
Allowance payable according to the claimant’s marital status as specified in the Twelfth Schedule;
(c) any Supplementary Allowance, Children’s Allowance, Care Allowance, Disabled Child Allowance or Maternity Benefit
payable under this Act;
(d) 84.3% of the total net income or of any privilege, benefit or allowance or of any excess pension which is being, or
could be received or enjoyed by such member of the household, other than the head of household or the spouse of
such head of household, and for this purpose the total net income, privilege, benefit, allowance or excess pension shall be reduced
by any income tax payments made by the person concerned in accordance with the Income Tax Act, and the term "excess pension" shall mean any pension over the National Minimum Pension as indicated in sub- paragraph
(b);
(e) any amounts as are referred to in paragraphs 3(b) and
(c) of Part I of this Schedule;
(f) any stipend received by any member of the household, other than the head of the household or the spouse of such head of household
during a full-time course of studies or instruction under any scheme run by the Government of Malta, whether involving
or not distinct work and study periods; and for this purpose, "stipend" shall not include any wage or
other remuneration which may be payable to the person concerned during any work phase which may form part of such a scheme;
and
(g) the first €470 by way of earnings derived by any person from the carrying out of hand knitting, lace making,
crochet and embroidery activities at home, and the manufacture of which does not involve any mechanical processes.
of any pension, benefit, assistance or allowance as is payable to him or to any member of his household under this Act during the same period within which he is in receipt of the aforesaid Sickness Assistance, shall not be taken into account in calculating the means of that household for the purposes of establishing the continued right or otherwise to such Sickness Assistance.
PART III
Free Medical Aid
(a) save as provided for in paragraph 3 of this Part, of the value of any property including any settlement of property in
trust (excluding the house of residence) belonging to all the members of the household which is, or could be invested
or put to profitable use excluding furniture, jewellery or other personal effects:
Provided that where the cash at bank and in hand (including liquid assets, time deposits, bonds, stocks, shares and other
securities), cash settled in any trust and the capital value of any urban immovable property including any settlement of
such property in trust (excluding the house of residence) which is not being put to profitable use, together exceed -
(i) €9,320 in the case of a household consisting of one member only, or a number of members headed by a single person
or a single parent; or
(ii) €16,310 in the case of a household consisting of at least the head of household and the spouse of such head of household,
the person claiming Free Medical Aid shall not be deemed to be entitled to such aid; and
(b) save as provided for in paragraph 4 of this Part, of any income or privilege which is, or could be, received or enjoyed by any
member of the household including any entitlement of a member of the household to benefit under a trust or in whose favour
a discretion to distribute property, including income or privilege, held in trust may be exercised:
Provided that any such property or income that has to be taken into account for the purposes of this Part in accordance with the
foregoing provisions of this paragraph shall include any property or income which any member of the household had directly
or indirectly deprived himself of in order to become entitled to Free Medical Aid.
1(a) of this Part do not exceed the limit laid down therein:
(a) the first €585 of such capital resources shall be ignored; and
(b) the value of any urban immovable property as referred to in the proviso to the aforesaid sub-paragraph (a) shall be treated as producing an annual income equivalent to 5.5% of its capital value.
3. Where any member of the household, other than the head o f ho useh ol d an d the sp ou se o f such h ead o f ho useh ol d, is in possession
of any property as referred to in paragraph 1(a) of this Part:
(a) the entire value of any future house of residence or part thereof belonging to such member in view of marriage shall
be ignored;
(b) one-half of the value of any other such property shall be disregarded unless such property had been transferred
or donated to such member of the household by the head of household or the spouse of such head of household
within the twelve months immediately preceding the claim for Free Medical Aid.
(a) the first €95 arising out of the use of property;
(b) | any Social Assistance, Leprosy Assistance, Tuberculosis Assistance, Milk Grant and Sickness Assistance payable under this Act and any pension or pensions (whether paid under this Act or not) up to a maximum aggregate amount equivalent to the aggregate of the highest rate of the National Minimum Pension, inclusive of the Additional Allowance payable according to the claimant’s marital status as is specified in the Twelfth Schedule to this Act; | |
(c) | any Supplementary Allowance, Children’s Allowance, Disabled Child Allowance or Maternity Benefit payable under this Act; | |
(d) | 84.3% of the total net income, or of any wage or salary or of any privilege, benefit or allowance or of any excess pension which is being, or could be received or enjoyed by any member of the household, other than the head of household or the spouse of such head of household, and for this purpose the total net income, wage, salary or pension shall be taken as the total gross income, wage, salary or pension less any payment made by the person concerned by way of - | |
Cap. 123. | (i) income tax under the Income Tax Act; | |
(ii) expenses incurred for travelling by public |
transport or by any other form of transport as
may be provided by the employer of the person
concerned, to and from the place of work; and
(iii) any expenses incurred by the person concerned in generating that income,
and the term "excess pension" shall mean any pension over the National Minimum Pension as indicated in sub-paragraph (b);
(e) any amounts as referred to in paragraphs 3(b) and (c)
of Part I of this Schedule;
(f) any weekly allowance payable by any employer in terms of the Weekly Allowance National Standard Order;
(g) any benefit, income, privilege or grant accruing to any member of the household under and in accordance with the provisions
of any of the Manpower Incentive Schemes announced by the Government of Malta, for the first 12 weeks of entitlement;
(h) any stipend received by any member of the household, other than the head of household or the spouse of such head of household
during a full-time course of studies or instruction under any scheme which is run by the Government of Malta, whether involving
or not distinct work and study periods; and for this purpose "stipend" shall not include any wage or
other remuneration which may be payable to the person concerned during any work phase which may form part of such a scheme;
(i) contributions payable under this Act; and
(j) the first €470 by way of earnings derived by any person from the carrying out of hand knitting, lace making,
crochet and embroidery activities at home and the manufacture of which does not involve any mechanical processes.
S.L. 452.62
PART IV
Age Pension and Carer ’s Pension
68, account shall be taken of any property including any settlement of property in trust (excluding the house of residence), income
or privilege as is indicated in paragraph 1 of Part 1 of this Schedule;
and save as provided in paragraph 3 of this Part, where the limits laid down in the proviso to paragraph 1(a) of Part I of this Schedule
are exceeded, the person making a claim for an Age Pension or a Carer ’s Pension, as the case m ay be, shal l be deem ed not to
be entitled to such pension:
Provided that in calculating the means in terms of this paragraph, in li eu of th e l imits laid down in t h e provi so to
paragraph 1(a) of Part I of this Schedule, €14,000 in the case of a sin g le o r widowed perso n or €23,30 0 in the case of a married person
shall instead be taken in the calculation of means.
2 and 3 (with the exclusion of paragraphs 3(a) and (d) of the said
Part I); so however that no account shall be taken of:
(a) the first €385 of such means in the case of a married couple; or
(b) the first €270 of such means in the case of a single or widowed person; and
(c) any Medical Assistance, Supplementary Allowance, Children’s Allowance, Care Allowance, Disabled Child Allowance
or Maternity Benefit payable under this Act;
(d) the first €470 by way of earnings derived by any person from the carrying out of hand knitting, lace making,
crochet and embroidery activities at home and the manufacture of which does not involve any mechanical processes.
Provided that where there is no community of acquests between them eithe r because su ch community of ac quests was excluded
by contract or because it was dissolved as a result of their l e g a l sep a ra ti on , acc ou nt sh al l on ly b e t a k e n of
th e p r op erty belonging to, or the income that is being received or that could be received by each of the couple, so however that
in the case where such married couple is de facto separated, account shall be taken
of:
(a) the property belonging to the community of acquests;
and
(b) only the income that is being received or that could be received by the claimant:
Provided further that each of the couple in respect of whom
the foregoing proviso applies shall be entitled to receive the rate applicable to a single or widowed person in accordance with Part
II of the Sixth Schedule as abated by the weekly means attributable to each one of them.
5. Where a married person who is legally or de facto separated from the other spouse proves to the satisfaction of the Director that any sum is being paid to such spouse as an integral
cond ition of their sepa ration, th at sum shall be deducted when calculating such married person’s means.
PART V
Disability Pension and Pension for the Visually Impaired
(a) of the value of any property including any settlement of property in trust (excluding the house of residence) belonging to
that person which is, or could be, invested or put to profitable use excluding furniture, jewellery and other personal effects;
and
(b) save as provided for in paragraph 3 of this Part, of any income, privilege or cash settled in any trust which is, or could be
received or enjoyed by that person, calculated on a weekly basis.
2. The means which could accrue from any property as is described under paragraph 1(a) of this Part, which is not being put to profitable use shall be calculated as follows:
(a) the first €585 of such property shall be ignored; and
(b) the value of any such property in excess of €585 shall be deemed as producing a weekly income equivalent to
0.11% of its capital value.
3. In calculating the income or privilege as is described under paragraph 1(b) of this Part no account shall be taken of:
(a) any sickness benefit from a friendly society or a trade union;
(b) any sum paid out of a charitable fund;
(c) any Medical Assistance, Children’s Allowance, Disabled Child Allowance or Maternity Benefit payable
under this Act;
(d) the first €470 by way of earnings derived by any
making, crochet and embroidery activities at home, and the manufacture of which does not involve any mechanical processes.
Provided that, where there is no community of acquests between them eithe r because su ch community of ac quests was excluded by contract
or because it was dissolved as a result of their l e g a l sep a ra ti on , acc ou nt sh al l on ly b e t a k e n of th e p r op
erty belonging to, or the income that is being received or that could be received by each of the couple, so however that in the case
where such married couple is de facto separated, account shall be taken of:
(a) the community of acquests, and
(b) only the income that is being received or that could be received by the claimant:
Sohowever that, with effect from the 6th January 2007, with respect to the property and income of the spouse of the disabled or visually
impaired person, the provisions of this paragraph shall only come into effect from the first Saturday following the fifth year from
the date of their marriage.
5. Where a married person who is legally or de facto separated from the spouse proves to the satisfaction of the Director that any sum is being paid to such spouse as an integral condition
of their separation, that sum shall be deducted when calculating such married person’s means.
PART VI
Social Assistance
1. In calculating the means for the purposes of article 30 accoun t shall b e taken of any pr op er ty, in co me or pr ivil eg e as indicated in paragraph 1 of Part II of this Schedule: so however that no account shall be taken of the first €470 by way of earnings derived by any person from the carrying out of hand knitting, lace maki ng, croch e t and emb r oidery act i viti es at home, and th e manufacture of which does not involve any mechanical processes; and where the limit laid down in the proviso to paragraph 1(a) of Part II of this Schedule is exceeded, the person making a claim for Social Assistan ce shall be deemed not to be ent itled to such assistance.
the said Part II; so however that notwithstanding the provisions of p a ragraph 4( b ) t h ereof , acco unt sh all be taken of an y Social Assistance and, or pension, if any, already being paid under this Act to the same head of household and the spouse of such head of household, if any, at the time when the claim for such assistance is made.
PART VII
Children’s Allowance
Provided that any such income that has to be taken into account for the purp o ses of this Part in acco r dance with t h e foregoing provisions of this paragraph shall include any income or privilege which the head of household and the spouse of such head of household, as the case may be, and as aforesaid in this Part, had directly or indirectly deprived himself of, or deprived themselves of, in order to become entitled to an allowance or to become so entitled at a more advantageous rate.
(a) any allowance paid under articles 69, 76 and 77;
(b) any medical assistance paid under articles 20, 21 and
22;
(c) any injury grant or injury pension paid under article
29;
(d) any allowance paid to a widow or widower in terms of the provisions of article 31;
(e) contributions paid under this Act as from the 1st
January, 1996;
(f) in the case of a first child, any income or privilege which is received or enjoyed prior to the date of marriage or
the date of co-habitation, so however that in the case of single parents the period of assessment shall commence as from the
first day of the month preceding the date of birth of the child by nine months.
or of an age pension under this Act shall be deemed not to have any means for the purposes of calculating any income in terms of this
Part.
4. (a) For the purposes of this Part the means taken for income assessment purposes shall be those accruing during the calendar
year preceding the first Saturday in July of the year in which the claim is made.
(b) Notwithstanding any change in circumstances such means shall be deemed to satisfy the conditions of the applicable scale
rates in accordance with the Fourteenth Schedule, up to the last Friday preceding the first Saturday in July
of the year following the calendar year in respect of which such means were taken for assessment purposes:
Provided that in the event of the demise of the head of household or the spouse of such head of household, the surviving spouse or
the person deemed to be so in terms of article 82(2) shall be entitled to elect, if it is more beneficial to the surviving spouse
that for the purposes of this Part, the entitlement to an allowance of th e surviving spouse is re-assessed wi th effect from the
first Saturday fo ll ow ing the demise of the spouse, and that such re- assessment shall take into consideration only the current
means and income; so however that such request for a re-assessment may only be made wit h in six mo nth s fro m t h e date of the
d e m i se of th e spouse:
Provided further that in the case of a person who is in receipt of a pension (whether paid under this Act or not) and who
is not gainfully occupied, the yearly means taken for the purposes of this Part shall be the current yearly means accruing to the
head of household and the spouse of such head of household:
Provided further that in the case of a married couple where any of the spouses is no longer gainfully occupied, the head of household
shall be entitled to elect, if it is more beneficial to him or her, that for the purposes of this Part his or her entitlement to
an al lowance i s re-assessed wi th ef f e ct from the fi rst Saturday following the cessation from a gainful occupation of the other
spouse, and that such re-assessment shall take into consideration only the current means and income of such household. So however
that such request for a re-assessment may only be made within six months from the date of the cessation from such gainful occupation
by the spouse.
PART VIII
Supplementary Allowance
(a) any medical assistance paid under articles 20, 21 and
22;
(b) any injury grant or injury pension paid under article
29;
(c) contributions paid under this Act;
(d) 84.3% of the total net income or of any privilege, benefit or allowance or of any excess pension which is being, or could
be, received or enjoyed by a member of the household other than the head of household or the spouse of such head of household, and
for this purpose the total net income, privilege, benefit, allowance or excess pension shall be reduced by any income tax payments
made by the person concerned in accordance with the Income Tax Act, and the term "excess pension" shall mean any pension over the national minimum pension, inclusive
of the additional allowance, according to claimant’s marital status as is specified in the Twelfth Schedule.
5. (a) For the purposes of this Part, the means taken for income assessment purposes shall be those accruing during the calendar
year preceding the first Saturday in July of the year in which the claim is made.
(b) Notwithstanding any change in circumstances, such means shall be deemed to continue to satisfy the conditions of
the applicable scale rates in accordance with the Fourteenth Schedule, up to the last Friday preceeding the first Saturday
in July of the year following the calendar year in respect of which such means were taken for assessment purposes:
Cap. 123.
household, the surviving spouse or the person deemed to be so in ter m s of arti cl e 82(2 ) , sh al l be ent itled t o elect, if
it is m o re beneficial to that person, that for the purposes of this Part entitlement to an allowance is re-assessed with effect
from the first Saturday follo wing t h e spouse’s demise and th at su ch re- assessment shall take into consideration only the
current means and income; so however that such request for a re-assessment may only be made wit h in six mo nth s fro m t h e date
of the d e m i se of th e spouse:
Provided further that in the case of a person who is in receipt of a pension (whether paid under this Act or not), and who
is not gainfully occupied, the yearly means taken for the purposes of this Part shall be the current yearly means accruing to the
head of household and the spouse of such head of household, if any.
[Articles 18, 28, 29, 30] PART I
Rates of Sickness, Unemployment, Special
Unemployment, and Injury Benefits; Injury Grant
and Injury Pension
Substituted by: XVI. 1990.51. Amended by: XIII. 1991.43. Substituted by: VIII. 1992.41. Amended by: XXIV. 1993.16; XXV. 1994.2,34. Substituted by: XXVII. 1995.14; XXI. 1996.59; XXII. 1997.7; L.N. 56 of 1999; L.N. 84 of 1999; L.N. 10 of 2000; L.N. 21 of 2001; L.N. 4 of 2002;
L.N. 422 of 2002; L.N. 436 of 2003;
L.N. 100 of 2006; L.N. 101 of 2006;
L.N. 318 of 2007; L.N. 424 of 2007; L.N. 149 of 2008;
L.N. 143 of 2009; L.N. 437 of 2010; L.N. 330 of 2011.
Daily Rate of Benefit | ||
Type of Benefit | A Single person or a married person maintaining a spouse who is not employed on a full-time basis | Any other person |
Sickness Benefit Injury Benefit Une m p l oy m e nt Benefit S p ecial Une m p l oy m e nt Benefit | €18.02 €27.05 €10.93 €18.36 | €11.66 €20.35 €7.15 €11.99 |
Part II
Amounts of Injury Grant
Degree of Disablement | Amount of Grant |
% | € |
1 2 3 4 5 6 7 8 9 10 11 | 220.91 441.80 662.70 883.59 1,104.39 1,325.29 1,546.18 1,767.09 1,987.98 2,208.87 2,429.75 |
12 | 2,650.66 |
13 | 2,871.54 |
14 | 3,092.44 |
15 | 3,313.27 |
16 | 3,534.13 |
17 | 3,755.03 |
18 | 3,975.89 |
19 | 4,196.79 |
Part III
Highest Rate of Injury Pension
Weekly Rate
€63.68
Part IV
Orphan’s Allowance
Weekly Rate
€50.46
Part V
Orphan’s Supplementary Allowance
Weekly Rate
€91.23
(ARTICLE 28)
INDUSTRIAL DISEASES OR INJURIES
Description of disease or injury
Poisoning by:
Nature of Occupation
Any occupation involving:
1. | Lead or a compound of lead | The use or handling of, or exposure to the |
fumes, dust or vap our of, lead o r a | ||
co mpound of lead, or a substance | ||
containing lead. |
2. Manganese or a compound of manganese
3. Phosphorus or phosphine or p o i s oni ng du e t o th e a n ti - c holin est e rase action of or ganic phosphorus compounds
The use or handling of, or exposure to the fumes, dust or vapour of, manganese or a compound of manganese, or a substance containing manganese.
The use or handling of, or exposure to the fumes, dust or vapour of, phosphorus, or a compound of phosphorus, or a substance containing phosphorus.
4. Arsenic or a compound of arsenic The use or handling of, or exposure to the fumes, dust or vapour of , arsenic or a com p o und of arseni c, o r a subst a nc e containing arsenic.
5. Mercury or a compound of mercury The use or handling of, or exposure to the fum e s, d u st or va po ur o f , m e rc ury or a com p o und o f me rcury, o r a subst a nc e containing mercury.
6. Carbon bisulphide The use or handling of, or exposure to the fumes, or vapour of carbon bisulphide, or a compo und of carbon bisulphi de, or a substance containing carbon bisulphide.
7. Benzene or a homologue The use or handling of, or exposure to the fumes of, dust or vapour containin g benzene or any of its homologues.
8. A nitro- or amino- or chloro- de r i va t i v e of b e nz e n e , o r o f a homologue of benzene, or poisoning by nitrochlorobenzene
9. Dinitrophenol or a homologue or by substituted dinitrophenols or by the salts of such substances
The use or handling of, or exposure to the fu me s of, d u st o r va po ur c o n t ai nin g , a nitro- or amino- or chloro -derivative of benzene or homolo gue of benzene or nitrochlorobenzene.
The use or handling of, or exposure to the fume s of, or v a po ur c ont ain i n g , di nit r oph eno l o r a hom olo g u e or substituted denitrophenols or the salts of such substances.
10. A halogen derivative of a hydrocarbon of the aliphatic series
The use or handling of, or exposure to the fumes of, or vapour containing, a halogen de riv a t i ve of a h y d r o c a r bo n of th e aliphatic series.
11. Tri-cresyl phosphate The use or handling of, or exposure to the fumes of, or vapour containing, tricresyl phosphate.
12. Tri-phenyl phosphate The use or handling of, or exposure to the fumes of, or vapour containing, triphenyl phosphate.
13. Diethylene dioxide (dioxan) The use or handling of, or exposure to the fu mes of, o r va pou r co nta i n i ng , diethylene dioxide (dioxan).
14. Chlorinated naphthalene The use or handling of, or exposure to the fu mes o f , d u st o r vap our c ont aini ng, chlorinated naphthalene.
15. Nickel carbonyl Exposure to nickel carbonyl gas.
16. Nitrous fumes T he use or h a ndling of nitric a c id or exposure to nitrous fumes.
17. Beryllium or a compound of beryllium
The use or handling of, or exposure to the fumes, dust or vapour of, beryllium or a compound of b e ryllium, o r a substanc e containing beryllium.
18. | Cadmium | Exposure to cadmium fumes. |
19. | Gonioma kamassi (African boxwood) | The manipulation of gonioma kamassi or a n y pro c ess i n o r i n ci de nt a l t o t h e manufacture of articles therefrom. |
20. | Anthrax | The handling of wool, hair, bristles, hides or ski n s or ot he r an im a l p r o d u c e s or residues, or contact with animals infected with anthrax, or the loading, unloading or transport of merchandise. |
21. | Glanders | Contact with eq uine animals or their carcasses. |
22. (a) Infection by Leptospira ictorohaemorrhagiae
(b) Infection by Leptospira canicola
Work in places which are, or are liable to be, infested by rats.
Wo rk a t do g ke n n e l s or th e c a re or handling of dogs.
23. Tuberculosis Close and frequent contact with a source o r sources of tuberculosis in fecti on by reason of employment -
(a) in the medical treatment or nursing of a person or persons suff eri ng fro m tuberculosis, or in a service ancillary to such treatment or nursing;
(b) in attendance upon a person or persons suffering from tuberculosis, w h e r e t h e n e e d for su ch a tte nd an ce arises by reason of physical or mental infirmity;
(c) as a research worker engaged in research in co nn ection with tu ber- culosis;
(d) as a laboratory worker, pathologist or person ta king part in or assisting at postmortem examinations of hu man rema ins whe r e the o ccu patio n involves working with material which is a source of tuberculosis infection.
24. | Brucellosis | Contact with bovine animals, sheep and |
go at s i n fec t e d b y b r uc el l a o r ga ni sm s, | ||
the i r c a rcasses or parts th ereof or th eir | ||
untreated products, or with laboratory | ||
specimens or va ccines of or containing | ||
bruce l l a o r g a ni sms, b y rea s on of | ||
employment - (a) as a farm worker; (b) as a veterinary worker; (c) as a slaughterhouse worker; (d) as a laboratory worker; or (e) in any other work relating to the care, |
treatment, examination or handling of
su ch an imals, c a rc as ses o r p a rts thereof, or pro ducts including untreated milk.
25. Heat cataract Freque nt or p ro long ed e xpo su re to ra ys from molten or red-hot material.
26. Decompression sickness Subjection to compressed or rarefied air.
27. Subcutaneous cellulitis of the hand
(Beat Hand)
28. Bursitis or subcutaneous cellulitis a r ising at o r ab out the k n ee d u e to severe or prolonged external friction or pressure at or about the knee (Beat Knee)
Manu al l a bo ur cau sin g seve re or p r olo nge d frict ion o r pre s su re on the hand.
Manu al l a bo ur cau sin g seve re or prolonged external friction or pressure at or about the knee.
29. Bursitis or subcutaneous cellulitis arising at or about the elbow due to severe or prolonged external friction or pressu re at or ab out th e el bow (Beat Elbow)
30. Traumatic inflammation of the ten- dons of the hand or forearm, or of the associated tendon sheaths
31. Inflammation or ulceration of the mu c u ou s me m b r a n e of t h e up p e r re spi r a t o r y pa ssa ge s or mo u t h produced by dust, liquid or vapour
32. Non-infective dermatitis of external origin (including chrome ulceration of the skin but excluding dermatitis du e to i o ni sin g p a rti c le s or electromagnetic radiations other than radiant heat)
33. (a) Dystrophy of the cornea (i nc lu di ng ul ce rat i o n of t h e corneal surface) of the eye;
(b) localised new growth of the skin, papillomatous of keratotic;
(c) squamous-celled carcinoma of the skin,
due in any case to arsenic, tar, pitch, bitu men , mineral o il (includ i ng pa rafin ) , soo t o r an y c o m pou nd , pr od uc t (in c lu di ng q u i n o n e or hyd roqu inon e) o r residu e o f an y of these substances
34. Inflammation, ulceration or malig nant di sease o f th e skin or subcutaneous tissues or of the bones, or blood dyscrastia, or cataract, due to electromagnetic radiation (other t h an radi ant heat ), o r to i oni si ng particles
35. (a) Carcinoma of the mucuous m e mb ra ne of t h e n o se o r associated air sinuses;
(b) primary carcinoma of a bronchus or of a lung
Ma nual l a bou r causi ng severe o r prolonged external friction or pressure at or about the elbow.
Man u a l la bo ur, o r fr eq ue nt o r re pe a t e d movements of the hand or wrist.
Exposure to dust, liquid or vapour.
Exposure to dust, liquid or vapour or any other external agent capable of irritating t h e ski n (incl uding frict i on or heat but e x cl udi ng i o n i sin g part icl e s o r e l ect roma gnet i c radi ati ons ot her t h an radiant heat).
The use or handling of, or exposure to, arsenic, ta r, pitch, bi tu men, mineral oi l (i ncl u d i ng pa ra fi n), soo t o r any compound, product (including quinone or hydroquinone), or residue of any of these substances.
Exposure to electromagnetic radiations o t her tha n radiant heat, o r t o io nising particles.
W o rk in a fac t ory wh ere nic k el is produced by decomposition of a gaseous nicke l co mpou nd wh ich nec e ssita tes w o rk ing in or abo u t a bui ldi ng or buildings where that process or any other
industrial process ancillary or incidental thereto is carried on.
36. Primary neoplasm of the epithelial l i n i n g of t h e uri n ary bl add e r (Papilloma of the bladder), or of the epithelial lining of the renal pelvis or of the epithelial lining of the ureter
37. Primary malignant neoplasm of the mesothollum (diffuse mesothelioma) of the pleura or of the peritoneum
(a) Work in a building in which any of the following substances is produced for commercial purposes:
(i) alpha-naphthylamine or betana- phthylamine;
(ii) diphenyl substituted by at least one nitro or primary amino group or by at least one micro an d primary amino group;
(iii) any of the substances mentioned in su b- pa ra gra p h ( ii) a b o v e i f furth e r ring substit ute d by halogeno, methyl or methoxy groups, but not by other groups;
(iv) the salts of any of the substances mentioned in sub-paragraphs (i) to (iii) above;
(v) auramine or magenta;
(b) the use or handling of any of the sub s tan ces men t i one d in su b- paragraphs (i) to (iv) of paragraph (a), or wo rk in a proce s s in whic h any such substance is used or handled or
is liberated;
(c) the maintenance or cleaning of any plant or machinery used in any such process as is mentioned in paragraph (b), or the cleaning of clothing used in any such building as is mentioned in paragraph ( a ) if su ch clothing is cleaned within the works of which the building forms a part or in a laundry m a i n tain ed an d u s ed so lely in connection with such works.
(a) The working or handling of asbestos or any admixture of asbestos;
(b) the manufacture or repair of asbestos textiles or other articles containing or composed of asbestos;
(c) the cleaning of any machinery or plant used in an y of the foregoing op e r at ion s a n d of an y ch am be rs, fi xtures a nd appli a nces for the collection of asbestos dust;
(d) substantial exposure of the dust ari s in g fro m a n y of th e fo rego in g operations.
38. Pulmonary disease due to the inhalation of the dust of mouldy hay o r of ot her m o u l dy v e ge tab l e prod uce, an d ch ara c terised by sym p to ms an d sig ns attr ib ut ab le to reaction in the peripheral part of the bro n c ho-p u lm on ary syste m , a n d g i vi ng ri se t o a d e fect in gas exchange (Farmer ’s lung)
Exposure to t h e dust of moul dy hay or o t h e r mo ul dy veg e tab l e prod uce by reasons of employment:
(a) in agriculture or horticulture; or
(b) in loading or unloading or handling in storage such hay or other vegetable produce; or
(c) in handling bagasse.
39. Byssinosis Work in any room where any process up to and in cl udi ng the card ing p r ocess is p e rformed i n factories in which the spinning or manipulation of raw or waste cotton or flax is carried on.
40. Fibrosis of the lungs due to silica du st , a s be st os du st or ot h e r fibrogenic dust, incl uding the condition of the lungs known as dust reti cu la tion (Pneum oc oniosis); an d si li co tu berc ul osi s p r o v i d e d th at silicosis is an essential factor in ca using th e re sultan t in cap acity o r death
Exposure to fibrogenic dust.
41. Telegraphist’s cramp T he use of Morse key telegraphic instruments for prolonged periods.
42. Writer ’s cramp Handwriting for prolonged periods.
43. Twister ’s cramp T h e twi s tin g of co tton o r woollen
(including worsted) yarn.
44. Typhoid Close and frequent contact with a source or sources of typhoid infection by reason of employment -
(a) as a research worker engaged in research in connection with typhoid;
(b) as a laboratory worker where the o c cu p a ti on i n vo lv es w o rk in g w i t h material which is a source of typhoid infection.
45. | Brachial Neuralgia | P rolon g ed op eration of in dustrial |
machinery involving the lifting, pushing | ||
a nd retracti ng o f heavy, thi c k or b u lky | ||
clothing material. |
[ARTICLES 20 AND 23] PART I
DISEASES AND CONDITIONS IN RESPECT OF WHICH SICKNESS ASSISTANCE MAY BE PAYABLE
1. Malignant Diseases
2. Cardiovascular Diseases:
(a) congestive cardiac failure
Amended by: XVI. 1990. 52; XIII. 1991.44; XXV. 1994.2,35. Substituted by: L.N. 56 of 1999; L.N. 84 of 1999; L.N. 62 of 2007.
(b) persistent hypertension with a diastolic reading above 110 if left untreated
3. Endocrine:
(a) Addison’s Disease
(b) Juvenile Diabetes Mellitus
(c) Enzyme deficiency disorders
4. Renal:
(a) nephrotic syndrome
(b) chronic renal failure
5. Digestive system:
(a) chronic peptic ulcer
(b) coeliac disease and idopathic steatorrhea
(c) Crohn’s Disease and ulcerative colitis
6. Diseases of the liver:
(a) hepatic cirrhosis associated with ascites or neurological symptoms
(b) Wilson’s Disease
7. Chronic Schizophrenia
8. Infectious diseases: (a) H.I.V. positive.
9. Miscellaneous:
(a) serious bodily or mental impairment arising from Diabetes Mellitus whether congenital or acquired
(b) all cases of diabetes.
PART II
DISEASES AND CONDITIONS IN RESPECT OF WHICH FREE MEDICAL AID MAY BE ACCORDED
1. Malignant Diseases
2. Cardiovascular Diseases:
(a) congestive cardiac failure
(b) persistent hypertension with a diastolic reading above 110 if left untreated
(c) Ischaemic Heart Disease
3. Respiratory Diseases:
(a) chronic respiratory failure
(b) chronic asthma
4. Collagen Disease:
(a) chronic rheumatoid arthritis
(b) systemic Lupus Erythematosus
(c) systemic sclerosis
(d) dermatomyositis
(e) polyarteritis nodosa
5. Endocrine:
(a) Addison’s Disease
(b) hypopituitarism including Diabetes Insipidus
(c) enzyme deficiency disorders
(d) endomitriosis
6. Renal:
(a) nephrotic syndrome
(b) chronic renal failure
7. Digestive system:
(a) chronic peptic ulcer
(b) coeliac disease and idopathic stearorrhea
(c) Crohn’s Disease and ulcerative colitis
8. Disease of the liver:
(a) hepatic cirrhosis associated with ascites or neurological symptoms
(b) Wilson’s Disease
9. Diseases of the Central Nervous System: (a) epilepsy
(b) incapacitating Parkinsons’s Disease
(c) myasthenia gravis
(d) multiple sclerosis
(e) motor neurone disease
(f) Trigeminal Neuralgia
10. Schizophrenia
11. Haemophilia
12. Paget’s Disease:
(a) generalised Paget’s Disease showing activity as manifested by an alkaline phosphatase level of not less than 100 King Armstrong
Units
(b) spinal Paget’s Disease producing neurological symptoms
13. Glaucoma
14. Extensive Psoriasis
15. Huntington’s Chorea
16. Auto-Immune Enteropathy
17. H.I.V positive
18. Congenital indifference to pain
Substituted by: XIV. 1988.18. Amended by: XVI. 1989.28. Substituted by: XVI. 1990.53. Amended by: XIII. 1991.45. Substituted by: VIII. 1992.42. Amended by: XXIV. 1993.17; XXV. 1994.2,36; XXVII. 1995.15. Substituted by: XXI. 1996.60; XXII. 1997.8; L.N. 56 of 1999; L.N. 84 of 1999; L.N. 10 of 2000; L.N. 21 of 2001; L.N. 4 of 2002;
L.N. 422 of 2002; L.N. 436 of 2003;
II. 2004.33;
L.N. 100 of 2006;
L.N. 101 of 2006;
L.N. 318 of 2007;
L.N. 424 of 2007;
L.N. 149 of 2008;
L.N. 143 of 2009;
L.N. 437 of 2010;
L.N. 330 of 2011.
[ARTICLES 27, 30, 66, 68]
PART I
Scale Rates of Social Assistance per week,
inclusive of any measures under the provisions of article 90A
A household of ONE eligible member only
€92.32
Where the number of eligible members in the household exceeds the number indicated in the above column, the respective weekly rate
indicated therein shall be increased by €8.15 per week in respect of every other el igibl e mem b er in that household.
Part II
Highest Rate of Age Pension per week, inclusive of any increases under the provisions of article 90A
Category of Pensioner | Highest Rate of Age Pension per week |
1. A married couple where both spouses qualify for a pension under article 66 2. A married couple where only one of the spouses qualifies for a pension under article 66 | €123.01 €78.79 |
3. Widowed, single persons or a married person whose spouse is in receipt of a State Fina nc ed Reside ntial Servic e in te rms of
article 93 €96.49
Part III
Highest Rate of Disability Pension and Pension for the Visually Impaired per week, inclusive of any increase under the provisions of article 90A
Weekly rate
€91.24
Part IV
Highest Rate of Carer ’s Pension per week inclusive of any increases under the provisions of article 90A
Highest Rate of Carer ’s Pension per week
€95.58
Part V
House Rent
The rates in Parts I, II, III, and IV of this Schedule shall be increased by €1.16 per week if the household is paying rent for
its normal place of habitation:
Provided that, where more than one household live within the same premises, the rent allowance shall be paid only once,
and shall be paid to the head of household responsible for the payment of such rent to third parties.
The ground rent payable by the household in respect of premises which are held in emphyteusis for a period not exceeding twenty-five
years shall be deemed to be the house rent for the purposes of this paragraph if such premises are used exclusively by the household
and solely as residence.
Amended by: XVI. 1989.29. Substituted by: VIII. 1992.43; XXI. 1996.61; XXII. 1997.9; L.N. 56 of 1999; L.N. 84 of 1999; L.N. 424 of 2007.
[ARTICLE 20]
Scale rates of means governing Sickness Assistance
Number of Persons in household | Scale Rate |
One person only | €21.66 |
Where the n u mber o f members in the househo l d exceeds 1, th e week ly rat e indicated above sh all be increased by €8.15 per week in respect of ev ery ot her member in that household.
Amended by: XVI. 1989.30; XVI. 1990.54. Substituted by: XIII. 1991.46; VIII. 1992.44. Amended by: XXIV. 1993.18; XXV. 1994.37; XXVII. 1995.16. Substituted by: XXI. 1996.62; XXII. 1997.10; L.N. 56 of 1999; L.N. 84 of 1999; L.N. 10 of 2000; L.N. 21 of 2001; L.N. 4 of 2002; L.N. 422 of 2002; L.N. 436 of 2003. L.N. 100 of 2006; L.N. 101 of 2006; L.N. 318 of 2007; L.N. 424 of 2007; L.N. 149 of 2008; L.N. 143 of 2009; L.N. 437 of 2010; L.N. 330 of 2011.
[ARTICLE 23]
PART I
Scale rates of means governing Free Medical Aid where the head of household is in insurable employment or self-occupied
Number of Persons in household | Scale Rate |
1 person only | €133.66 |
Where the number of members in the household exceeds one, the weekly rate indicated above shall be increased by €8 .15 per week
in respect of every other member in that household.
Part II
Scale rates of means governing Free Medical Aid where the head of household is neither in insurable employment nor self-occupied
Number of Persons in household | Scale Rate |
1 person only | €27.37 |
Where the number of members in the household exceeds one, the weekly rate indicated above shall be increased by €8 .15 per week in respect of every other member in that household.
Amended by: XIV. 1988.19. Substituted by: XVI. 1990.55; XIII. 1991.47; VIII. 1992.45; XXVII. 1995.17. XXI. 1996.63. Substituted by: XXII. 1997.11; L.N. 56 of 1999; L.N. 84 of 1999; L.N. 10 of 2000; L.N. 21 of 2001; L.N. 4 of 2002; L.N. 422 of 2002; L.N. 436 of 2003; L.N. 100 of 2006; L.N. 101 of 2006; L.N. 318 of 2007; L.N. 424 of 2007; L.N. 149 of 2008; L.N. 143 of 2009; L.N. 437 of 2010; L.N. 330 of 2011.
[Article 25]
Amounts of Sickness Assistance, Milk Grant, Leprosy Assistance and
Tuberculosis Assistance
Type of Assistance | Weekly Rate |
1. Sickness Assistance:- (i) in respect of the first member of the household (ii) in respect of any other member of the same household | €22.36 €17.23 |
2. Milk Grant | €18.17 |
3. Leprosy Assistance:- (i) in respect of the head of household who is a leper (ii) in respect of any other member of th e ho use h o l d wh o is a l e p e r an d no t gainfully occupied: (a) if under 16 years of age (b) if 16 years of age or over (iii) in respect of any other member of the household who is not gainfully occupied | €32.49 €18.17 €32.49 €18.17 |
4. Tuberculosis Assistance:-
(i) basic amount of tuberculosis assistance payable in respect of a household one m e mbe r of which is af fecte d by tuberculosis
(ii) allowance payable in respect of each additio nal member of the h ousehold a ffected by, or p a rticularly vuln e ra ble to, tuberculosis
€25.15
€14.92
[ARTICLES 7 and 10]
RATES OF CONTRIBUTIONS Part I
Class One Contributions
(Employed Persons)
Amended by: XX. 1987.16. Substituted by: XVI. 1989.31; XVI. 1990.56; XIII. 1991.48; VIII. 1992.46; XXIV. 1993.19; XXV. 1994.38; XXVII. 1995.18; XXI. 1996.64; XXII. 1997.12; L.N. 56 of 1999; L.N. 84 of 1999; L.N. 10 of 2000; L.N. 21 of 2001; L.N. 4 of 2002; L.N. 422 of 2002; L.N. 436 of 2003; L.N. 100 of 2006; L.N. 101 of 2006; L.N. 318 of 2007; L.N. 424 of 2007; L.N. 149 of 2008; L.N. 143 of 2009; L.N. 437 of 2010; L.N. 330 of 2011.
Cate- gory | Type of Employed Person | Weekly Rate of Contribution payable by employed person | Weekly Rate of Contribution payable by the employer |
A | Persons un der 18 years o f age whose basic weekly wage or the weekly equivalent of their basic monthly salary does not exceed €153.45 | €6.62 | €6.62 |
B | Persons over 18 years of age whose basic weekly wage or the weekly equivalent of their basic monthly salary does not exceed €153.45 | €1 5.23 , or , if the insured party elects, 10%, calculated to the nearest cent of such person’s basic weekly wage or the weekly equivalent of such person’s basic monthly salary* | €15.35 |
C | Persons born on 31 December 19 61 or bef o r e who s e bas i c we ekl y wage or the weekly equivalent of their basic monthly salary exceeds €153.45 but does not exceed €330.30 | 10%, calcul a ted to t h e ne ar es t ce nt , o f their basic weekly wage or the weekly equiv a lent o f their basic monthly salary. | 10% , ca lcu l at ed to the nearest cent, of t h ei r ba s i c w e e k l y wage or the equivalent of their basic monthly salary. |
C | Persons born on 1 January 1962 or after whose basic weekly wage or the weekly equivalent of their ba sic monthly salary exceeds € 153.45 but do es no t ex ceed €353.85† | 10%, calcul a ted to t h e ne ar es t ce nt , o f their basic weekly wage or the weekly equiv a lent o f their basic monthly salary. | 10% , ca lcu l at ed to the nearest cent, of t h ei r ba s i c w e e k l y wage or the equivalent of their basic monthly salary. |
D | Persons born on 31 December 19 61 or bef o r e who s e bas i c we ekl y wage or the weekly equivalent of their basic monthly salary ex-ceeds €330.30 | €33.03 | €33.03 |
D | Persons born on 1 January 1962 or after whose basic weekly wage or the weekly equivalent of their ba sic monthly salary exceeds €353.85† | €33.03 | €33.03 |
E | Persons under eighteen years of age who are following a full-time course of studies or instruction un der the S t udent-W orker Scheme or other similar schemes, (includ i ng the Extended Skills Training Schemes, but excluding th e Wo rker -S tuden t Schemes) involving distinct work and study period s for wh ich they ar e receiving remuneration | 10%, calcul a ted to t h e ne ar es t ce nt , o f the bas i c weekly re mune rati on or the weekly equivalent of th ei r ba si c mo nth ly r e mun e r a tion up to the maximum rate of co ntribution of €4.38 | 10% , ca lcu l at ed to the nearest cent, of t h e bas i c we ek ly remuneration or the weekly equivalent of their basic mo nthly r e mun e r - at ion up to the ma xim u m rat e of contribution of €4.38 |
F | Persons o v er eigh teen years of age who are following a full-time course of studies or instruction un der the S t udent-W orker Scheme or other similar schemes (includ i ng the Extended Skills Training Schemes, but excluding th e Wo rker -S tuden t Schemes) involving distinct work and study period s for wh ich they ar e receiving remuneration. | 10%, calcul a ted to the neares t cent of the bas i c weekly re mune rati on or the weekly equivalent of th ei r ba si c mo nth ly r e mun e r a tion up to the maximum rate of co ntribution of €7.94 | 10% , ca lcu l at ed to the nearest cent, of t h e bas i c we ek ly remuneration or the weekly equivalent of their basic mo nthly r e mun e r - at ion up to the ma xim u m rat e of contribution of €7.94 |
* If the insured person elects to pay a contribution of 10% of a basic wage or salary less than the weekly equivalent of the National Minimum Wage, such contribution may, if the person qualifies for a contributory benefit or a contributory pension, result in the payment of a reduced contributory benefit or contributory pension. | |||
† The in crease in the highest contribution rate p ayable is re lated to a guara nteed maxim u m pensionable income as a result of the pension reform which became law by virtue of Act XIX of 2006 and Legal Notice 336 of 2006. |
Part II
Class Two Contributions
(Self-Employed Persons)
Cate- gory | Type of Self-Employed Person | Weekly Rate of Contributions payable by a Self-Employed Person |
Per s ons wh ose an nual net income (exclud i ng Maternity Benefit, Children’s Allowance and any ex gratia benefit payable under art icle 88) during the calendar year immediately preceding the contribution year in which the contribution is being paid: | ||
SP | Exceeds € 1 ,005 but d o es not exceed €7,74 3 ( t his category is applicable ONLY to single persons who are not self-occupied) | €22.34 |
SA | Is less than €9,203 | €26.55 |
SB | Persons born on 31 December 1961 or before whose annual net i n come exceed s €9,203 but does not exceed €17,175 | The weekly equivalent of 15% of their annual income calculated to the nearest cent. |
SB | Persons born on 1 January 1962 or after whose annual net income exceeds €9,203 but does not exceed €18,400 | The weekly equivalent of 15% of their annual income calculated to the nearest cent. |
SC | Persons born on 31 December 1961 or before whose annual net income exceeds €17,175 | €49.37 |
SC | Persons born on 1 January 1962 or after whose annual net income exceeds €18,400* | €49.37 |
* Th e increas e in the highest c ontribution rate payabl e is re la t ed to a gu ara n te e d maxi mum pensionable income as a result of the pension reform which became law by virtue of Act XIX of 2006 and Legal Notice 336 of 2006. |
Part III
Class Two Contributions
(Self-Occupied Persons)
Cate- gory | Type of Self-Occupied Person | Weekly Rate of Contributions payable by a self- occupied person |
Per s on s wh ose annu al net earn i n g s (ex c lud i ng Maternity Benefit, Children’s Allowance and any ex gr atia ben e f it payab l e under ar ticle 88) durin g the calendar year immediately preceding the contribution year in which the contribution is being paid: |
SA | Is less than €9,203 | €26.55 or 15% of the annual net earnings if the person is a part- time self-employed woman whose annual net earnings do not exceed €9,203 (see Note 1 below) or €21.38 if the person is a full-time farmer or breeder whose annual net earnings do not exceed €9,203 |
SB | Persons born on 31 December 1961 or before whose annual net income exceeds €9,203 but does not exceed €17,175 | The weekly equivalent of 15% of their annual earnings calculated to the nearest cent or The weekly equivalent of 12% if a full-time farmer or breeder |
SB | Persons born on 1 January 1962 or after whose annual net income ex ceeds €9,203 b u t does not exceed €18,400 | The weekly equivalent of 15% of their annual earnings calculated to the nearest cent or The weekly equivalent of 12% if a full-time farmer or breeder |
SC | Persons born on 31 December 1961 or before whose annual net income exceeds €17,175 | €49.54 or €39.64 if a full-time farmer or breeder |
SC | Persons born on 1 January 1962 or after whose annual net income exceeds €18,400 (see Note 2 below) | €53.08 or €42.46 if a full-time farmer or breeder |
Note 1: If the in su red pers on elects to p a y a c o ntributi on that i s le ss than €26.55, s u c h contribution may, if the person qualifies for a contributory benefit or a contributory pension, result in the payment of a reduced contributory benefit or contributory pension. | ||
Note 2: The increase in the highest contribution rate payable is related to a guaranteed maximum pensionable income as a result of the pension reform which became law by virtue of Act XIX of 2006 and Legal Notice 336 of 2006. |
[ARTICLE 17]
Amended by: XVI. 1990.57; VIII. 1992.47; XXI. 1996.65.
Contribution Conditions
(a) that the person concerned has paid not less than 50 contributions; and
(b) that he has paid or had credited to him not less than 20 contributions for his last two consecutive complete contribution
years before the beginning of his benefit year which includes the date on which the conditions are required to be satisfied.
(a) that the person has paid not less than 156 contributions; and
(b) that the yearly average of contributions paid by or credited to him for the period -
(i) (a) beginning on the first day of his contribution year in which the
7th May, 1956, falls, or on the first day of his contribution year in
which he reaches the age of nineteen, whichever is the later; or
(b) in respect of any person born on or after the 4th day of April,
1958, beginning on the first day of his contribution year in which the 3rd day of April, 1977, falls, or on the first day
of his
contribution year in which he reaches the age of eighteen, whichever is the later; and
(ii) ending on the last day of his last complete contribution year before the beginning of his benefit year which includes
the day on which the conditions are required to be satisfied,
is not less than 50:
Provided that -
(a) a widow whose husband dies on or after the 22nd day of January, 1968, shall be entitled to elect that, in determining
whether her husband satisfied the relevant contribution conditions at the date of his death, the date 1st February, 1965, shall
be substituted for the date 7th May, 1956; and, if she so elects, no account shall be taken of any contributions paid by her husband
before the 1st day of February, 1965;
(b) a person who claims a Retirement Pension on or after the l8th day of October 1971, or an Increased Retirement Pension
or a National Minimum Pension or an Increased National Minimum Pension on or after the 1st April, 1978 shall be entitled to
elect that, in determining whether he satisfies the relevant contribution conditions, the date 1st February, 1965 shall be substituted
for the date 7th May, 1956; and if he so elects, no account shall be taken of any contribution paid by him or, if the claimant is
a widow, paid by her husband before the 1st day of February, 1965;
Retirement Pension or a National Minimum Pension or an Increased National Minimum Pension in accordance with the provisions of this
Act, no account shall be taken on any subsequent claim of any contribution which is paid in respect of any contribution
week after the date on which he started receiving the Retirement Pension, an Increased Retirement Pension or a National Minimum Pension
or an Increased National Minimum Pension.
(a) that the person has paid not less than 250 contributions; and
(b) that the yearly average of contributions paid by or credited to him for the period -
(i)(a) beginning on the first day of his contribution year in which the 1st day of February, 1965, falls, or on the first day of his contribution
year in which he reaches the age of nineteen, whichever is the later; or
(b) in respect of any person born on or after the 4th day of April,
1958, beginning on the first day of his contribution year in which the 3rd day of April, 1977, falls, or on the first day
of his
contribution year in which he reaches the age of eighteen, whichever is the later; and
(ii) ending on the last day of his last complete contribution year before the beginning of his benefit year which includes
the day on which the conditions are required to be satisfied,
is not less than 50.
[ARTICLES 26, 31, 44, 50, 54, 63, 64, 67]
Rates of several kinds of pension
Amended by: XX. 1987. 17; XVI. 1989. 32. Substituted by: XVI. 1990. 58; XIII. 1991.49; VIII. 1992.48; XXIV. 1993.20; XXV. 1994.39; XXVII. 1995.19; XXI. 1996.66. Substituted by: XXII. 1997.13; L.N. 56 of 1999; L.N. 84 of 1999; L.N. 10 of 2000; L.N. 21 of 2001; L.N. 4 of 2002; L.N. 422 of 2002; L.N. 436 of 2003; L.N. 100 of 2006; L.N. 101 of 2006; L.N. 318 of 2007; L.N. 424 of 2007; L.N. 149 of 2008; L.N. 143 of 2009; L.N. 437 of 2010; L.N. 330 of 2011.
A. Full Rates of Retirement Pension per week, inclusive of any increases under the provisions of article 90A, where the yearly average of contributions paid or credited is 50 or more
Persons who are also in receipt of a Service Pension that is payable by or on behalf of the Government of the United Kingdom | Persons who are also in receipt of a Service Pension that is NOT payable by or on behalf of the Government of the United Kingdom | ||
Married person who is maintaining a spouse | Any other person | Married person who is maintaining a spouse | Any other person |
€103.57 | €83.33 | €97.84 | €80.72 |
B. Full Rates of Increased Retirem ent Pension, Invalidity Pension, Increased Invalidity Pension, National Minimum Pension and Increased National Minimum Pension per week, inclusive of any increases under the provisions of article 90A, where the yearly average of contributions paid or credited is 50 or more
Type of Pension | Married person who is maintaining a spouse | Any other person |
Increased Retirement Pension | €138.12 | €113.68 |
Invalidity Pension | €85.61 | €72.45 |
Increased Invalidity Pension | €119.88 | €96.58 |
National Minimum Pension* | €123.01 | €102.71 |
Increased National Minimum Pension | €138.12 | €113.68 |
*N.B. The full rates of National Minimum Pension are calculated at four-fifths (to the nearest whole cent) of the National Minimum Wage
in the case of a married person who is maintaining a spouse and at two-thirds (to the nearest whole cent of the National Minimum
Wage) in the case of any other person, as provided for in article 50.
provisions of article 90A, where the yearly average of contribution paid or credited is 50 or more
€110.14
D. Redu ced R a tes of Ret i rem e nt Pen s ion, Increased Retirement Pension, Invalidity Pension, Increased Invalidity Pension,
National Minimum Pension and Increased National Minimum Pension per week, inclusive of any increases under the provisions of article
90A, where the yearly average of contributions paid or credited is between 20 and 49
Yearly average of contributions paid or credited | Rate of pension payable per week (calculated to the nearest whole cent) |
40 - <50 | [{FAP - INC} x 0.89] + INC |
30 - <40 | [{FAP - INC} x 0.69] + INC |
20 - <30 | [{FAP - INC} x 0.49] + INC |
For t h e p u rpos es of the abo v e t a bl e, ‘FAP’ shall mean the full rate of th e applicable weekly rate of pension in accordance
with Tables A or B, as the case may be, of this Schedule, and ‘INC’ means all increases granted in terms of article 90A taking
effect from 1st January 1994 and subsequent years.
E. Rates of National Minimum Pension Additional Allowance per week
Yearly average of contributions paid or credited | Married person who is maintaining a spouse | Any other person |
50 (full rate) | €4.78 | €7.43 |
40 - <50 | €4.26 | €8.57 |
30 - <40 | €3.31 | €10.72 |
20 - <30 | €5.64 | €12.81 |
F. Reduced Rates of Widow’s Pension per week, inclusive of any increases under the provisions of article 90A, where the yearly average contributions paid or credited is between 20 and 49.
Yearly average of contributions paid or credited | Rate of pension payable per week (calculated to the nearest whole cent) |
40 - <50 | [{FWP - (INC + €17.77)} x 0.89] + INC + €17.77 |
30 - <40 | [{FWP - (INC + €17.77)} x 0.69] + INC + €17.77 |
20 - <30 | [{FWP - (INC + €17.77)} x 0.49] + INC + €17.77 |
For the purposes of the above table, ‘FWP’ shall mean the full rate of Widow’s Pension i n accordance wi th Table C of this
Schedule, an d ‘IN C’ shal l mean all increases granted in terms of article 90A taking effect from 1st January 1994 and subsequent
years; whilst the amount of €17.77 represents the weekly rate of Widow’s Supplementary Pension which up to the year 1990 was
payable to widows who were in receipt of a Widow’s Pension irrespective of the yearly average of contributions paid or credited,
which weekly amount was, with effect from the year
1991, incorporated with the rates payable by way of a Widow’s Pension.
G. Rate of Parent ’s Pension per week , inclusive of any increases under the
provisions of article 90A
Married person who is maintaining a spouse | Any other person |
€123.01 | €102.71 |
H. Rate of Widows’ and Survivors’ Pensions Additional Allowance per week.
Where Widow/Widower is entitled to an allowance under article 31(a) | Where Widow/Widower is entitled to an allowance under article 31(b) |
€4.54 | €9.32 |
I. Highest Rate per week of a Two-Thirds pension
J. The Cost of Living Bonus
€220.60
Pensioner category | In the case of a married person maintaining a spouse and who is in receipt of a National Minimum Pension at the married rate | In the case of any other person |
For pensioners whose pension initial award date is pr ior to 3 r d January 2009 | €2.91 per week | €4.86 per week |
For pensioners whose pension initial award date falls between 3rd January 2 009 and 1st Jan u ar y 2010 | €2.21 per week | €3.69 per week |
For pensioners whose pension initial award date falls between 1st January 2010 and 31st December 2010 | €1.39 per week | €2.33 per week |
For pensioners whose pension initial award date falls on 1st January 2011 or after | €0.23 per week | €0.39 per week |
Amended by: XX. 1987.18; XXVII. 1995.20; XXI. 1996.67; XIX. 2006.16; L.N. 424 of 2007.
[ARTICLE 2]
Calculation of the Pensionable Income
(1) In the case of a person -
(a) born on or before the 31st December 1951 who is to be treated as an employed person, the yearly average of the basic wage or
salary during the best three consecutive calendar years within the last ten consecutive calendar years immediately preceding his
retirement or invalidity in terms of this Act, as the case may be; or
(b) born during the calendar years 1952 to 1955 who is to be treated as an employed person, the yearly average of the basic wage or
salary during the best three consecutive calendar years within the last eleven consecutive calendar years immediately
preceding his retirement or invalidity in terms of this Act, as the case may be; or
(c) born during the calendar years 1956 to 1958 who is to be treated as an employed person, the yearly average of the basic wage or
salary during the best three consecutive calendar years within the last twelve consecutive calendar years immediately
preceding his retirement or invalidity in terms of this Act, as the case may be; or
(d) born during the calendar years 1959 to 1961 who is to be treated as an employed person, the yearly average of the basic wage or
salary during the best three consecutive calendar years within the last thirteen consecutive calendar years immediately
preceding his retirement or invalidity in terms of this Act, as the case may be,
on which the required contribution had been paid or deemed to have been paid in terms of this Act or, if he has been in employment
for less than three consecutive calendar years within the said last ten, eleven, twelve or thirteen calendar years, as app l i c
abl e in t e r m s of th is paragrap h, dur ing any su ch n u mb er of con s ecut i v e calendar months as may be the best in his
case within the said period, as may be increased by the applicable wage increases required by law to be awarded generally in respect
of each subsequent year of each of the said last ten, eleven, twelve or thirteen years, as applicable.
(2) In the case of a person -
(a) born on or before the 31st December 1951 who is to be treated as a self- employed person, the yearly average of his net income
on which the required contribution has been paid during the last ten calendar years, or part thereof if he has not been in self-employment
for the whole said ten year period, immediately preceding his retirement or invalidity in terms of this Act, as the case may be;
or
(b) born during the calendar years 1952 to 1955 who is to be treated as a self-employed person, the yearly average of his net income
on which the required contribution has been paid during the best ten consecutive calendar years of the last eleven calendar
years, or part thereof if he has not been in self-employment for the whole said eleven year period, immediately preceding
his retirement or invalidity in terms of this Act,
as the case may be; or
(c) born during the calendar years 1956 to 1958 who is to be treated as a self-employed person, the yearly average of his net income
on which the required contribution has been paid during the best ten consecutive calendar years of the last twelve calendar
years, or part thereof if he has not been in self-employment for the whole said twelve year period, immediately preceding his
retirement or invalidity in terms of this Act, as the case may be; or
(d) born during the calendar years 1959 to 1961 who is to be treated as a self-employed person, the yearly average of his net income
on which the required contribution has been paid during the best ten consecutive calendar years of the last thirteen calendar
years, or part thereof if he has not been in self-employment for the whole said thirteen year period, immediately preceding his
retirement or invalidity in terms of this Act, as the case may be,
as may be increased by the applicable wage increases required by law to be awarded generally, as long as each such increase is less
than the net increase obtaining from year to year between one net income and another in respect of each subsequent year of each of
the said last ten, eleven, twelve or thirteen calendar years, as applicable in terms of this paragraph, or part thereof during which
he was in self-employment; sohowever that, where during the said last ten, eleven, twelve or thirteen calendar years he had paid
a contribution on a net income that was higher than that actually received, the net income taken for the purposes of this calculation
in respect of any such particular calendar year shall be the higher of such net income.
(3) In the case of a person -
(a) born on or before the 31st December 1951 who is to be treated as a self- occupied person, the yearly average of his net earnings
on which the required contribution has been paid during the last ten calendar years, or part thereof if he has not been in self-occupation
for the whole said ten year period, immediately preceding his retirement or invalidity in terms of this Act, as the case may be;
or
(b) born during the calendar years 1952 to 1955 who is to be treated as a self-occupied person, the yearly average of his net earnings
on which the required contribution has been paid during the best ten consecutive calendar years of the last eleven calendar years,
or part thereof if he has not been in self-occupation for the whole said eleven year period, immediately preceding his
retirement or invalidity in terms of this Act, as the case may be; or
(c) born during the calendar years 1956 to 1958 who is to be treated as a self-occupied person, the yearly average of his net earnings
on which the required contribution has been paid during the best ten consecutive calendar years of the last twelve calendar years,
or part thereof if he has not been in self-occupation for the whole said twelve year period, immediately preceding his
retirement or invalidity in terms of this Act, as the case may be; or
(d) born during the calendar years 1959 to 1961 who is to be treated as a self-occupied person, the yearly average of his net earnings
on which the required contribution has been paid during the best ten consecutive calendar years of the last thirteen calendar years,
or part thereof if he has not been in self-occupation for the whole said thirteen year period, immediately preceding his retirement
or invalidity in terms of this Act,
as the case may be,
as may be increased by the applicable wage increases required by law to be awarded generally, as long as each such increase is less
than the net increase obtaining from year to year between one net earning and another in respect of each subsequent year of each
of the said ten, eleven, twelve or thirteen calendar years, as applicable in terms of this paragraph, or part thereof during which
he was in self-occupation. Sohowever that for the purposes of this paragraph, in the case of a person who prior to the 1st January
1996, was a gainfully occupied self-employed person, his annual net income for each calendar year prior to the aforementioned date
shall be deemed to be as if it were his net earnings.
(4) In the case of a person born on or after the 1st January 1962 the yearly average of the basic wage or salary, or the net income
or the net earnings, as the case may be , during the best ten calendar year s within the last f or ty calendar year s immediately
preceding his retirement or invalidity in terms of this Act, as the case may be, on which the required contribution has been paid
or deemed to have been paid in terms of this Act or if he has been in employment or self-employment or has been self-occupied for
less than ten calendar years within the last forty calendar years, during any such number of calendar months as may be the best in
his case within the said last forty calendar years, as may be increased by the applicable wage increases required by law to be awarded
generally in respect of each subsequent year of each of the said last forty calendar years:
Provided that for the purposes of this paragraph, in the case of a self- occupied person who prior to the 1st January
1996, was a gainfully occupied self- employed person, his annual net i n com e for each calendar year prior to the aforementioned
date shall be deemed to be as if it were his net earnings.
(5) | (a) | For the purposes of this Act, in the case of a person born on or before the 31st December 1961 whose retirement occurs on or after the 1st January 2007, the basic wage or salary or the net income or the net earnings as the case may be, and the resultant pensionable income or any amount substituted therefor under the provisions of this Act shall not exceed €16,207.78 increased by such sum that the Government may award as a cost of living increase, in the rate of the national minimum wage as is payable to persons of eighteen years of age or over under the provisions of the Employment and Industrial Relations Act, hereinafter in this paragraph referred to as the "cost of living increase" as from the effective date of such increase: |
Provided that in the case of a person born on or before the 31st December 1951, the resultant pensionable income including any such cost of living increase shall not exceed the sum of €17,470.30: | ||
Provided further that in the case of a person born during calendar years 1952 to 1961, the resultant pensionable income including any such cost of living increase shall not exceed the sum of €20,964.36. | ||
(b) | For the purposes of this Act, in the case of a person born on or after the 1st January 1962 whose retirement occurs on or after the 1st January 2007, the basic wage or salary or the net income or the net earnings as the case may be, and the resultant pensionable income or any amount substituted therefor under the provisions of this Act shall not exceed: |
(i) €16,207.78 increased by such sum that the Government awards as
a cost of living increase, in respect of the years 2007 to 2010 as from the effective dates of such increases;
(ii) the sum referred to in (i) increased as on the 1st January of each year, between 2011 and 2013 by one third of the
difference between the sum referred to in (i) and €20,964.36;
(iii) with effect from the 1st January 2014, €20,964.36 increased annually by such sum as corresponds to seventy percent
of the percentage increase in the national average wage for the previous calendar year as published by the National Statistics
Office established by virtue of article 9 of the Malta Statistics Authority Act, plus thirty percent of the inflation rate as published by the said National Statistics Office for the previous calendar year.
Added by: XXI. 1996.68. Substituted by: XXII. 1997.14; L.N. 56 of 1999; L.N. 84 of 1999; L.N. 10 of 2000; L.N. 21 of 2001; L.N. 4 of 2002; II. 2002.78;
L.N. 422 of 2002; L.N. 436 of 2003.
Amended by: II. 2004.34. Substituted by:
L.N. 100 of 2006; L.N. 101 of 2006; L.N. 318 of 2007;
L.N. 424 of 2007; L.N. 149 of 2008; L.N. 143 of 2009;
L.N. 437 of 2010; L.N. 330 of 2011.
[Articles 30, 70, 72, 73, 76, 76A, 77]
Rates of several kinds of Allowances, Maternity
Benefit and Marriage Grant
PART I
Rate per week of Allowance paid to residents of a therapeutic community in terms of article 30(9)
€23.29
PART II
(Revoked by Act II. 2004.34)
PART III
Lump sum paid by way of a Marriage Grant in terms of article 70
€251.02
PART IV
Rate per week of Maternity Benefit paid in terms of article 72(1)
€74.54
PART V
Supplementary Allowance
STATUS | Maximum annual reckonable income that can be taken for entitlement purposes. (So however that any reckonable income below €5,650 shall be deemed to be equivalent to €5,650) | Allowance payable | Maximum amount of annual allowance payable |
Married person who is maintaining a spouse and is not entitled t o an allo wan ce un de r article 76 or single pa re nt who i s n o t entitled t o an allo wan ce un de r article 76 | €10,330 | €422.69 | Equivalent to 2.268% of the difference obtaining between €24,287 and actual reckonable income |
Single person | €8,162 | €237.61 | Equivalent to 1.70% of the difference obtaining between €19,627 and actual reckonable income |
No enti tlement to an All owance under t his Part is acqu ired wh ere the annual reckonable income exceeds the maximum amounts indicated
above, as the case may be.
PART VI
Children’s Allowance
A. Where the maximum annual reckonable income for entitlement purposes is €23,983 or less. (So however any reckonable income below €4,718 shall be accepted to be equivalent to €4,718) | |
Percentage rate payable, by way of an allowance, on difference obtaining between reckonable annual income and €23,983 | |
Children in household under 16 years of age | 6% for each such child |
Over 16 years but un der 21 ye ars and still undergoing full-time educa tion or trai ning in an educationa l institution recognise d by the government in terms of the Education Act and who is not receiving any fo rm of remuneration or allowance or is registered unemployed under the Part I register and has never been g a infully occupied. | 2% for each such child |
Over 16 years but under 21 years and is registered as unemployed under Part I of the Register kept in accordance with the provisions of the Employment and Training Services Act and who has never been gainfully occupied, and who is not in receipt of any benefit, pension or assistance payable under this Act.
2% for each such child
An allowance payable to a household under Table A above shall, irrespective of the annual reckonable income of the household, in no case be less than the Fixed Children’s Allowance specified in Table B of this Part.
B. Where the maximum annual reckonable income is more than €23,983 | |
Fixed Children’s Allowance | |
Children in household under 16 years of age | €4.81 per week up to a maximum amount of €250 per annum for each such child |
PART VII
Rate per week per child of Disabled Child Allowance in terms of article 77
€16.31
PART VIII
Rate per week per child of Care Allowance paid in terms of article 76A
€70.00
An allowance payable under this Part shall continue to be payable when the child is over 16 years but under 21 years.
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