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The Social Security (Amendment) Act, 2006 (Bill No. 59)

A BILL

entitled

AN ACT to amend the Social Security Act, Cap. 318.

BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows>

Short title and commencement.

Cap. 318.

1. (1) The short title of this Act is the Social Security (Amendment) Act, 2006, and this Act shall be read and construed as one with the Social Security Act, hereinafter referred to as “the principal Act”.
follows>
(2) This Act shall be deemed to have come into force as
(a) the provisions of articles 2 and 7 with effect from the 1st
January 2006< and
(b) the remaining provisions from such a date as the Minister may appoint by notice in the Gazette.

Amendment of article 2 of the principal Act.

2. In sub-article (1) of article 2 of the principal Act, for the definition “Director” there shall be substituted the following>
“ “Director” in or in respect of the provisions of this Act, other than those of articles 3 to 11, both inclusive, articles 13, 14 and 15, sub-article (1) of article 93, articles 112 and 113, sub-
article (2) of article 117, article 123 and sub-articles (1) and (2) of article 124, and save as otherwise provided, means the Director (Social Security) and includes any public officer of the Department designated by him or any public officer designated by the Minister 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 and
15, sub-article (2) of article 117, article 123 and sub-articles (1)
and (2) of article 124 and save as otherwise provided, Director means the Commissioner of Inland Revenue and includes any public officer in his Department designated by him< and in or in respect of the provisions of sub-article (1) of article 93, 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 sub-article (2) of article 114 and articles 116, 119, 120, 121, 122 and 125, the word Director means the Director (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 (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<”.
3. In sub-article (1) of article 18 of the principal Act, for the second proviso thereof there shall be substituted the following>
“Provided further that where an insured person becomes entitled to benefit as aforesaid in this sub-article, if his spell of incapacity for work 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 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.”.
4. Article 26 of the principal Act shall be amended as follows>
C 7

Amendment of article 18 of the principal Act.

Amendment of article 26 of the principal Act.

C 8

Cap. 343.

(a) for sub-article (1) thereof there shall be substituted the following>
“(1) Subject to the provisions of this Act, a person shall be entitled to an Invalidity Pension or Increased Invalidity Pension or National Minimum Pension at one of the rates specified in the Twelfth Schedule to this Act if>
(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 of this Act, 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 of this Act, 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 of this Act, 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 of this Act.”< and
(b) immediately after sub-article (8) thereof, there shall be inserted the following new sub-article>
“(9) Save as provided for in article 110 of this Act, a pension payable under this article shall be reviewed on the medical aspect every three years or earlier as the Director may determine.”.
5. In sub-article (1) of article 84 of the principal Act, for the words “or such person>” in paragraph (g) there shall be substituted the words “or such person<” and immediately thereafter there shall be added the following new paragraph>
“(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>”.
6. The first proviso of article 106 of the principal Act shall be amended as follows>
(a) in paragraph (a) thereof, the words “a Pension for
Invalidity,” shall be deleted<
(b) in paragraph (c) thereof, for the words “by the Minister for this purpose< and” there shall be substituted the words “by the Minister for this purpose<”<
(c) in paragraph (d) thereof, for the words “temporarily living during the period of such incapacity for work>” there shall be substituted the words “temporarily living during the period of such incapacity for work< and”<
(d) immediately after paragraph (d) thereof, there shall be inserted the following new paragraph (e)>
“(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>”.
7. Article 132 of the principal Act shall be amended as follows>
C 9

Amendment of article 84 of the principalAct.

Amendment of article 106 of the principal Act.

Amendment of article 132 of the principal Act.

C 10
(a) in sub-article (1) thereof, for the words, “or in the Director of the Department for the Elderly and Community Services.” there shall be substituted the words “or in the Director (Elderly and Community Services), or in the Director (Benefit Fraud and Investigation).”< and
(b) in sub-article (2) thereof, immediately after the words “Director (Social Security)” there shall be inserted the words “and the Director responsible for the Benefit Fraud and Investigation Directorate”.

Objects and Reasons

The object of this Bill is to amend the provisions of the Social Security Act, Cap.
318, relating to the pension in respect of invalidity and to establish and grant the necessary powers to the Benefit Fraud and Investigation Directorate.

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

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