ACT No. I of 2012 An Act to amend various provisions of the law related to Social Security BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present

I assent.

(L.S.) G eorge A bela

President

3rd February, 2012

ACT No. I of 2012

An Act to amend various provisions of the law related to Social

Security

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 title of this Act is the Social Security

(Amendment) Act, 2012 and it shall be read and construed as one

with the Social Security Act, hereinafter in this part referred to as

“the principal Act”.

(2) This Act shall come into force on such date as the

Minister responsible for social policy may by notice in the Gazette

establish, and different dates may be so established for different

provisions or different purposes of this Act.

In sub-article (5) of article 18, for the words “as provided

for in paragraph (d) of the proviso to article 106” there shall be

substituted the words “as provided for in paragraph (d) of the

proviso to article 106”.

(1) Sub-article (1) of article 23 shall be amended as

follows

(a) for the words “as in the opinion of the Chief

Government Miedical Officer are indicated in his case and

are available” there shall be substituted the words “as in

the opinion of the Chief Government Medical Officer are

indicated in his case according to protocols which may be

issued by him from time to time and are available”; and

(b) in the Maltese text of the proviso thereof for the

words “l-Uffiċjal Medicu Prinċipali tal-Gvern”, there shall be

substituted the words “t-Tabib Prinċipali tal-Gvern”.

(2) For sub-article (3) of article 23 of the principal Act

there shall be substituted the following

“(3) A person suffering from one of the diseases or

conditions specified in Part II of the Fifth Schedule to this Act

shall be entitled to such Free Medical Aid as in the opinion

of the Chief Government Medical Officer are indicated in

his case according to protocols which may be issued by him

from time to time and are available within the national health

service.”.

In paragraph (iii) of in the proviso to sub-article (1)

of article 30 of the principal Act, for the words “who have been

registering for work for more than five years” there shall be

substituted the words “who are registering for work”.

The proviso to sub-article (d) of article 58 of the principal

Act shall be substited by the following two provisos

“Provided that, where a full-time employee opts to work

with reduced hours, the provisions of sub-paragraph (d) shall

not apply with respect to any extra allowances which in any

manner becomes part of the basic wage or salary during the

period in which the pensionable income is to be assessed, as

long as

(i) the gross wage or salary, including the said

extra allowances, of such employee does not, during the

period during which the said employee is working on

reduced hours, exceed the full basic wage or salary of

the post in which such employee is working; and

(ii) the Director is informed by the employer that

he intends implementing a scheme as contemplated in

this proviso and the Director gives his written approval

of the scheme before such scheme is taken up by one

or more of the employees directly employed with the

employer making the request

Provided further that, without prejudice to the

provisions of the above proviso, where the Director is

satisfied that a person is in receipt of a pension which

was calculated 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.”.

Immediately after article 61 of the principal Act there

shall be added the following new article

61A. The pensionable income of a person born

“Persons who

have partaken

before the 1st January, 1962 who becomes entitled

to a pension in respect of retirement or invalidity

in accordance with this Act and who had accepted

to partake of an early retirement scheme after 1st

January 2008 in anticipation of the privatization of

an entity in which the Government, at the time when

such person accepted to take up early retirement, was

the owner or the majority shareholder, shall be that

specified in the Thirteenth Schedule to this Act, or

the pensionable income which would have otherwise

resulted in accordance with the provisions of this Act,

had that person’s last day of employment following the

acceptance of the early retirement arrangement been the

date of retirement or invalidity, whichever pensionable

income is the higher.”.

Article 84 of the principal Act shall be amended as

(a) in sub-article (1) thereof -

(i) in paragraph (e) thereof, for the words “for

prescribing conditions” there shall be substituted the

words “prescribing conditions”;

(ii)

in paragraph (f) thereof, for the words “for

prescribing circumstances” there shall be substituted

“prescribing circumstances”;

(iii) in paragraph (g) thereof, for the words “for

prescribing circumstances” there shall be substituted

“prescribing circumstances”; and

(iv) immediately after paragraph (h) thereof,

there shall be added the following new paragraph

“(i) exempting, in terms of article 116A, a

category of persons from the payment, in whole or

in part, of the further contributions which may be

due by them:”; and

(b) immediately after sub-article (3) thereof, there shall

be inserted the following new sub-article

“(4) The Minister may, from time to time and

with the concurrence of the Minister responsible for

finance, make regulations for the purpose of establishing

the contribution due by residents of State Financed

Residential Services in terms of article 94”.

Article 86 of the principal Act shall be amended as

follows

(a) for the words “The bonus payable to any person

under article 85(1) shall be abated” there shall be substituted

the words “The bonus payable to any person under article

85(1) and, or article 85(2) shall be abated”; and

(b) for the words “in respect of any part of the six

month period ending on the last day of June or December,

as the case may be:” there shall be substituted the words “in

respect of any part of the six month period ending on the

last day of June or December, and, or the bonus payable by

any employer in terms of the Weekly Allowance National

Standard Order, 1988, as the case may be:”.

Immediately after sub-article (5) of article 93 of the Amendment of article

principal Act there shall be added the following new sub-article

“(6) Any reference in this article to any state-financed

residential service is a reference to such service as is referred

to in article 131(1)(a) of this Act.”.

Article 94 of the principal Act shall be substituted by the

following new article

94. (1) Subject to the provisions of this Act,

“Residents of

where during any period a person is receiving a State

state financed

Financed Residential Service that is a state-owned

service that is

hostel for the care and welfare of persons with disability

a state-owned

referred to in article 131A, such person shall pay to the

Government such contribution as may be prescribed

under subarticle (2). The competent authority in terms of

article 131A shall calculate the contribution payable by

such resident in terms of the provisions of this article.

(2) The Minister may, with the concurrence

of the Minister responsible for finance, make regulations

providing for the calculation of the contribution due by

residents of State Financed Residential Services under

sub-article (1) 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 that is a state-owned hostel for the care and

welfare of persons with disability referred to in article

131A is a married person whose spouse is not such

a resident, and is not in receipt 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 that is a state-owned hostel for the

care and welfare of persons with disability referred to in

article 131A, 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 competent authority in terms of

article 131A 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.”.

In sub-article (5) of article 98, for the words “the advice Amendment of article

of the Department’s medical panel in accordance with the proviso 98

to article 106” there shall be substituted the words “the advice of

the Department’s medical panel and multi-disciplinary panel, where

applicale, in accordance with the proviso to article 106” and for

the words “re-examination of the case, the advice of the previous

medical panel shall remain valid” there shall be substituted the

words “advice of the previous medical panel and multi-disciplinary

panel, where applicable, shall remain valid”.

Article 101 of the principal Act shall be amended as Amendment of

(a) in the proviso to sub-article (1) thereof, for the

words “at the request of the Director of the Elderly and

Community Services Department withhold from any pension”

there shall be substituted the words “at the request of the

Director of the Elderly and Community Services Department,

or of the competent authority under article 131A, withhold

from any pension”;

(b) in sub-article (2) thereof, for the words “be

executed thereon; but the provisions of article 381(3) of

the Code of Organization and Civil Procedure shall mutatis

mutandis apply.” there shall be substituted the words “be

executed thereon.”.

The proviso to article 106 shall be amended as follows

(a) in paragraph (e) thereof, for the words “by the

Minister for the purpose of advising on such cases:” there

shall be substituted the words “by the Minister for the purpose

of advising on such cases:” and the proviso immediately after

paragraph (e) shall be deleted; and

(b) immediately following paragraph (e) thereof, there

shall be added the following new paragraph and proviso

“(f) the Minister shall appoint a multi-disciplinary

panel for the purpose of advising the Director on the

psycho-socio aspect of cases in which a claim for a

pension in respect of invalidity or a claim for Social

Assistance has not led to the conclusive determination

of the work capacity of the applicant as provided in

the preceding paragraphs of this proviso. The multi-

disciplinary panel shall be made up of the following

members

(i)

A psyschiatrist;

(ii)

A psychologist;

(iii)

An occupational thereapist; and

(iv)

A social worker

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,

and on the pyshco-socio aspects of the case the muti-disciplinary

panel provided for in paragraph (f) of the provious proviso.”.

(1) Sub-article (1) of article 116 of the principal Act

shall be amended as follows

(a) the first proviso thereof shall be deleted;

(b) the second proviso thereof shall be substituted by

the following proviso

“Provided that in the case of a self-employed or

selfoccupied 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) In the proviso to sub-article (5) of article 116 of

the principal Act, for the words “payable at the time of payment.”

there shall be substituted the words “payable at the time of

payment:” and immediately thereafter, there shall be added the

following new proviso

“Provided further that, notwithstanding

the provisions of this sub-article, the following

shall apply where a request by the self-employed

person to pay such unpaid contributions is made

by a person who, during the period in which

such contributions were not paid, was a member

of a religious order, was living in Malta and no

contribution was payable by him under this Act

(i) such request shall be deemed valid if

submitted after the lapse of five years from the time

when the rate of proper contribution was due; and

(ii) the contribution for such period only

shall be payable at the relevant SP rate applicable

at the time as indicated in part II of the Tenth

Schedule to this Act.”.

Article 116A of the principal Act shall be substituted by

the following new article

116A. The Minister may, with the concurrence of

the Minister responsible for finance, exempt any person

or category of persons with or without retrospective

effect from the payment of any further contribution due

under article 116(1), in whole or in part, on any ground

which to him may seem sufficient. Any such exemption

may be made subject to such conditions, as the Minister

may deem appropriate

Provided that where an exemption relates to a

category of persons, such exemption shall be prescribed

by means of regulations made in accordance with article

84(1)(i)

Provided further that nothing in this article shall

be construed as detracting from the provisions of article

116(5)(ii).”.

Paragraph (a)(i) of sub-article (1) of article 131 of the

principal Act shall be substituted by the following new paragraph

“(i) inmates of state-financed institutions for medical

care where, notwithstanding the fact that such inmate has

been medically discharged, the person remains a resident and

of such other inmates as are designated for the purpose by the

Minister;”.

Immediately after article 131 of the principal Act there

shall be added the following new article

131A. (1) The competent authority responsible

for State-Financed Residential Services that are state-

owned hostels for the care and welfare of persons with

disability shall administer the funds entrusted to it by

Government for the benefit of residents of such hostels

as are specified by the Minister by notice in the Gazette

Provided that for this purpose, the competent

authority shall be designated by the Minister by notice

in the Gazette.

(2) The Minister may give to the comptetent

authority designated under sub-article (1) directives of a

general nature on the policy to be adopted by it.

(3) In exercising its functions the competent

authority designated under sub-article (1) shall

(a) 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 records kept for this purpose shall, at

all times, be open to inspection by the Director, the

Accountant General, the Auditor General and any

other public officer whom the Minister appoints for

this purpose;

(b) utilize all funds entrusted to it for the

care, welfare and benefit of persons referred to in

sub-article (1)

Provided that -

(i) such part of such funds as may be

approved by the Minister may be utilized by

the competent authority 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 persons referred to in sub-article (1),

determine;

(c) not later than two months after the 1st

day of January of every year, submit to the Minister

a report on its activities for the previous 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 competent

authority and any balance of such funds remaining

at the end of the said year.”.

Part II of the Fifth Schedule of the Principal Act shall be

Susbsitution of the

Part II of the Fifth

substituted by the following

Schedule of the

Principal Act.

“PART II

DISEASES AND CONDITIONS IN RESPECT OF WHICH FREE MEDICAL

AID MAY BE ACCORDED

1. Malignant Diseases

2. Cardiovascular Diseases

(a)

Chronic Heart Failure

(b)

Hypertension

(c)

Ischaemic Heart Disease

(d)

Cardiac Arrhythmias

(e)

Peripheral Vascular Disease

(f)

Cerebrovascular disease

(g)

Genetic Dyslipidaemia

3. Respiratory Diseases

(a)

Chronic Respiratory Failure

(b)

Cystic Fibrosis

(c)

Chronic Obstructive Pulmonary Disease

(d)

Chronic Asthma

4. Digestive system diseases

(a)

Gastro – Oesophageal Reflux Disease

(b)

Gastric/Duodenal Ulcers

(c)

Inflammatory Bowel Disease

(d)

Coeliac Disease

(e)

Diverticular Disease requiring Stoma Care

(f)

Hirschprung’s Disease

(g)

Imperforate Anus

(h)

Small Intestinal Failure

5. Liver diseases

(a) Chronic Liver Disease

6. Haematological Diseases

(a) Inherited Bleeding Disorders

(b) Inherited Haemoglobinopathies

7. Nervous System Diseases

(a) Epilepsy

(b) Parkinson’s Disease

(c) Myasthenia Gravis

(d) Multiple Sclerosis

(e) Motor Neurone Disease

(f) Trigeminal Neuralgia

(g) Huntington’s Chorea

(h) Dementia

(i) Schizophrenia

(j) Psychosis

(k) Chronic Mood Disorders

(l) Chronic Neurotic Disorders

(m) Addiction Disorders

(n) Chronic Psychiatric Disorders starting in Childhood

(o) Chronic Eating Disorders

(p) Cerebral Palsy

(q) Narcolepsy

(r) Spinal Cord Pathologies

(s) Congenital Indifference to pain

8. Renal diseases

(a) Chronic Kidney Disease

9. Endocrine diseases

(a)

Diabetes Mellitus

(b)

Addison’s Disease

(c)

Precocious Puberty

(d)

Hypoparathyroidism

(e)

Hypopituitarism

(f)

Hypogonadism

(g)

Enzyme Disorders

(h)

Endometriosis and Adenomyosis

(i)

Pituitary Adenomas

10. Skin diseases

(a) Psoriasis

(b) Chronic Immunobullous Disorders

(c) Congenital Ichthyosis

11. Infectious Diseases

(a)

HIV/AIDS and HIV Related Diseases

(b)

Hepatitis B & C

(c)

Tuberculosis

(d)

Hospital Acquired Infections

(e)

Leprosy

(f) Polio and Post-Polio Syndrome

(g) Chronic Osteomyelitis

12. Rheumatic Diseases

(a)

Rheumatoid Arthritis

(b)

Paget’s Disease

(c)

Lupus Erythematosus

(d)

Systemic Sclerosis

(e)

Dermatomyositis/Polymyositis

(f)

Polyartritis Nodosa

(g)

Seronegative Arthritis

(h)

Crystal Deposition Disease

(i)

Polymyalgia Rheumatica

13. Metabolic Disorders

(a) Inborn Errors of Metabolism

14. Eye diseases

(a) Glaucoma

(b) Vascular Disease of the Retina

15. Immunodeficiency

(a) Primary Immunodeficiency Disorder

(b) Secondary Immunodeficiency Disorder

16. Chromosome Disorders

(a) Down Syndrome

(b) Turner Syndrome

(c) Prader-Willi Syndrome”.

Passed by the House of Representatives at Sitting No. 438 of the 24th January,

2011. Ċ ensu G alea

Deputy Speaker

P auline A bela

Clerk to the House of Representatives

€1.26