ATT Nru. VI ta’ l-2006 ACT No. VI of 2006 ATT ma]ru[ b’li[i mill-Parlament ta’ AN ACT enacted by the Parliament of Malta.

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,936, 23 ta’ {unju, 2006

Taqsima A

MALTA

ATT Nru. VI ta’ l-2006

ACT No. VI of 2006

ATT ma]ru[ b’li[i mill-Parlament ta’

AN ACT enacted by the Parliament of

Malta.

Malta.

ATT biex jemenda l-Att dwar is-Sigurtà

AN ACT to amend the Social Security

So`jali, Kap. 318.

Act, Cap. 318.

I assent.

E DWARD F ENECH A DAMI

President

23rd June, 2006

ACT No. VI of 2006

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>

(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”.

(2) This Act shall be deemed to have come into force as

follows>

(a) the provisions of articles 2 and 7 with effect from the 1 st

January 2006< and

(b) the remaining provisions from such a date as the Minister

may appoint by notice in the Gazette.

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<”.

In sub-article (1) of article 18 of the principal Act, for the Amendment of

article 18 of the

second proviso thereof there shall be substituted the following>

principal Act.

“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.”.

Article 26 of the principal Act shall be amended as follows>

Amendment of

article 26 of the

principal Act.

(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.”.

In sub-article (1) of article 84 of the principal Act, for the Amendment of

article 84 of the

words “or such person>” in paragraph (g) there shall be substituted the principalAct.

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>”.

The first proviso of article 106 of the principal Act shall be Amendment of

article 106 of the

amended as follows>

principal Act.

(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>”.

Article 132 of the principal Act shall be amended as follows> Amendment of

article 132 of the

principal Act.

(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”.

Passed by the House of Representatives at Sitting No. 396 of 13th June, 2006.

A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

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