ACT No. V of 2023 AN ACT to amend the Social Security Act, Cap. 318.

I assent.

(L.S.)

GEORGE VELLA

President

14th March, 2023

ACT No. V of 2023

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:-

The short title of this Act is the Social Security (Amendment)

Act, 2023 and this Act shall be read and construed as one with the

Social Security Act, hereinafter referred to as "the principal Act".

Immediately after sub-article (5) of article 8 of the principal

Act there shall be added the following new sub-article

"(6) When the Court is acting in accordance with its

powers conferred to it by articles 54(5) and 59 of the

Civil Code, it may order or empower, as the case may be,

that part of the contributions paid by an insured person be

transferred to the person indicated by the said Court, and

such contributions are to be considered, for the purposes

of this Act, as having been paid as an employed person by

the person to whom they are transferred.".

Immediately after sub-article (4) of article 10 of the principal Amendment of

Act there shall be added the following new sub-article

"(5) When the Court is acting in accordance with its

powers conferred to it by articles 54(5) and 59 of the

Civil Code, it may order or empower, as the case may be,

that part of the contributions paid by a self-occupied

person or a self-employed person be transferred to the

person indicated by the said Court, and such

contributions are to be considered, for the purposes of

this Act, as having been paid as a self-occupied or a self-

employed person by the person to whom they are

transferred.".

Immediately after sub-article (6) of article 16 of the principal Amendment of

Act there shall be added the following new sub-article

"(7) Part of the contributions credited to any person

under this article, may be transferred to another person by

order, decree or sentence of the Court when it is acting in

accordance with its powers conferred to it by articles

54(5) and 59 of the Civil Code, and such contributions

are to be considered, for the purposes of this Act, as

credited to the person to whom they are transferred.".

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

principal Act, the words "for the respective year." shall be substituted article

by the words "for the respective year:" and immediately thereafter Act.

there shall be added the following new proviso

"Provided further that, notwithstanding the provisions of

this sub-article, the person from whom a portion of contributions

has been transferred shall have the option to ask to pay back the

amount of social security contributions transferred in accordance

with sub-article (6) of article 8, or in accordance with sub-article

(4) of article 10, or in accordance with sub-article (6) of article

16, which contributions shall be paid at the value of the SA rate

of a self-employed person as per Part III of the Tenth Schedule

applicable during the year within which the claim is made.".

Passed by the House of Representatives at Sitting No. 96 of the 7th

March, 2023.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.36