ACT No. XXXIX of 2015 AN ACT to amend the Social Security Act, Cap. 318, and to provide for matters ancillary or consequential thereto.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

4th December, 2015

ACT No. XXXIX of 2015

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

provide for matters ancillary or consequential thereto.

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:-

The short title of this Act is the Social Security Short title.

(Amendment) Act, 2015, and this Act shall be read and construed as

one with the Social Security Act, hereinafter referred to as ''the Cap. 318.

principal Act''.

Paragraph (i) of sub-article (1) of article 12 of the principal Amendment of

article 12 of the

Act shall be substituted by the following

principal Act.

''(i) €1470 in the case of a married person who is wholly

maintaining a spouse and who is not self-occupied or in

insurable employment; or''.

Paragraph (a) of sub-article (6) of article 26 of the Amendment of

article 26 of the

principal Act shall be substituted by the following

principal Act.

''(a) in the case of a married person whose spouse is not

in receipt of a social security pension, four-fifths, and''.

Paragraph (a) of article 50 of the principal Act shall be Amendment of

article 50 of the

substituted by the following

principal Act.

''(a) in the case of a married person whose spouse is not

in receipt of a social security pension, four-fifths, and''.

Article 62 of the principal Act shall be substituted by the

following

" Pension

62. Where a married person becomes

payable at the

invalid or suffers any permanent loss of physical

single rate to a

or mental faculty arising out of his employment

married

person.

or self-occupation in accordance with article 29,

or reaches pension age on or after the 1st day of

April, 1978, and becomes entitled to receive a

pension payable under articles 26 or 29 or under

Part V (excluding a Two-Thirds Pension) of this

Act, then, if his/her spouse is in his/her own

right in receipt of any pension payable under the

aforementioned articles or to a Two-Thirds

Pension in accordance with the provisions of this

Part, the pension payable shall be paid at the rate

applicable for a single person

Provided that if either one of the

spouses, being already in receipt of a pension

payable under the said articles or Part, shall

renounce to the right aforesaid, then the pension

payable to the spouse who retains his/her

pension right shall be paid at the rate applicable

for a married person.".

Article 66 of the principal Act shall be amended as

follows

(a)

sub-paragraph (i) of paragraph (b) of sub-article (1)

thereof shall be substituted by the following

"(i) he/she is a citizen of Malta and normally

resides in Malta; and";

(b) in sub-paragraph (ii) of paragraph (b) of sub-article

(1) thereof, for the words "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," there shall be

substituted the words "his/her 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 couple where both

spouses qualify for a pension in their own right,"; and

(c)

in sub-article (2) thereof, for the words "where a

married man and his wife both qualify for a pension under the

provisions of this article or of article 27, any such pension as is

payable to the wife shall cease to be payable." there shall be

substituted the words "where a married couple both qualify for a

pension under the provisions of this article or of article 27, any

such pension shall be apportioned equally between each of the

spouses.".

Article 67 of the principal Act shall be amended as Amendment of

article 67 of the

follows

principal Act.

(a)

for the words "if at that date he -" there shall be

substituted by the words "if at that date he/she -";

(b) in paragraph (i) thereof, for the words "was being

wholly or mainly maintained by him or" there shall be

substituted the words "was being wholly or mainly maintained

by him/her or"; and

(c)

the proviso thereto shall be substituted by the

following

"Provided that if both parents of the deceased

person are entitled to a Parent’s Pension, any such

pension shall be apportioned equally between each

of the parents.".

The first proviso to article 90A of the principal Act shall be Amendment of

article 90A of

substituted by the following

the principal

Act.

"Provided that, in the case of a National Minimum Pension

as is payable under this Act to a married person who is

maintaining his/her spouse, the proportion of two-thirds as

aforesaid in this article shall be upgraded to four-fifths:".

Article 91 of the principal Act shall be amended as Amendment of

article 91 of the

follows

principal Act.

(a)

for the words "during which he is undergoing

imprisonment or detention" there shall be substituted the words

"during which he/she is undergoing imprisonment or detention";

and

(b) the second proviso thereto shall be substituted by the

following

"Provided further that where such person is a

married person 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/her, his/her

spouse shall be entitled to receive five-sixths of the

pension which would have been payable to his/her

spouse had he/she not been disqualified under the

provisions of this article, provided he/she is not

already entitled to a pension under this Act in his/

her own right, or half the pension which would

have been payable to his/her spouse had he/she not

been disqualified under the provisions of this

article, provided he/she is already entitled to a

pension under this Act in his/her own right.".

Article 96 of the principal Act shall be substituted by the

"96. (1) Subject to the provisions of sub-article (2), a

married person who is in receipt of a pension payable at the

married rate under the provisions of articles 27 and 66 shall

have such pension and any Bonus and, or, Additional Bonus

payable to him/her under article 85 apportioned equally between

both spouses -

(a) where either one of the spouses requests

the Director that such half pension and/or half

Bonus and, or, half Additional Bonus be paid direct

to the other spouse; or

(b) where the spouses are de jure separated

and no mention is made in the judgment or contract

of separation with regard to the apportionment or

otherwise of such pension and, or, Bonus and, or,

Additional Bonus

Provided that such apportionment shall only take

effect from the date when the next payment of such pension and,

or, Bonus and, or, Additional Bonus is due following a written

request to this effect from any one of the two parties concerned.

(2) The provisions of sub-article (1) shall not apply

where either one of the spouses is already in receipt of any

pension and, or, Bonus and, or, Additional Bonus under this Act

in his/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 spouse of the pensioner, the Bonus and the

Additional Bonus payable under article 85 shall be paid wholly

to the pensioner unless there is a court judgment to the contrary

or unless the married couple otherwise agree.".

Sub-article (1) of article 108 of the principal Act shall be Amendment of

article 108 of

amended as follows

the principal

Act.

(a)

in paragraph (iii) thereof, for the words "and under

article 58." there shall be substituted the words "and under

article 58;" and

(b) immediately after paragraph (iii) thereof there shall

be added the following new paragraph

"(iv) any claim of discrimination on ground

of sex made by any person concerning the

determination of that person’s eligibility and

entitlement for any benefit, pension, allowance and

assistance payable under this Act.".

In the second column of the Table in Part II of the Sixth Amendment of

Schedule to the principal Act, for the figure "€133.25" there shall be the

Schedule to the

substituted the figure and words "€133.25 apportioned equally principal Act.

between each of the spouses".

The Twelfth Schedule to the principal Act shall be Amendment of

the Twelfth

amended as follows

Schedule to the

principal Act.

(a)

in the first column of the Table in Part G thereof, for

the figure "€133.25" there shall be substituted the figure and

words "€133.25 apportioned equally between each of the

parents"; and

(b) in the second column of the Table in Part J thereof,

for the words "In the case of a married person maintaining a

spouse and who is in receipt of a National Minimum Pension at

the married rate" there shall be substituted the words "In the

case of a married person who is in receipt of a National

Minimum Pension at the married rate".

Passed by the House of Representatives at Sitting No. 334 of the

30th November, 2015.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€0.72