cap_318 classonecontributions

MT

SOCIAL SECURITY ACT (classonecontributions)

170 Articles / Provisions · Malta

Open official source Machine-readable Markdown (.md)

Table of Provisions (170)

Preamble Art. 1 Short title. First Schedule Art. 2 Interpretation. Second Schedule Art. 3 Classes of insured persons. Third Schedule Art. 4 Extension of Class Two contributions. Fourth Schedule Art. 5 Insurable employment. Fifth Schedule Art. 6 Persons who are deemed not to be self-employed. Sixth Schedule Art. 7 Class One contributions and apportionment thereof. Seventh Schedule Art. 8 Contributions by employed persons and employers. (Class One contributions). Eighth Schedule Art. 9 Payment of Class One contributions. Ninth Schedule Art. 10 Contributions by self-employed persons. (Class Two contributions). Tenth Schedule Art. 11 Payment of Class Two contributions. Eleventh Schedule Art. 12 Exemption from payment of Class Two contributions. Twelfth Schedule Art. 13 Payment of the Class One contribution by persons employed outside Malta. Thirteenth Schedule Art. 14 Payment of a Class Two contribution in lieu of a Class One contribution. Fourteenth Schedule Art. 15 Contributions by certain categories of persons. Fifteenth Schedule Art. 16 Crediting of contributions. Art. 17 Contributions vis- à-vis entitlement to certain benefits and pensions. Art. 18 Sickness Benefit. Art. 19 Types of Medical Assistance. Art. 20 Sickness Assistance. Art. 21 Leprosy Assistance. Art. 22 Tuberculosis Assistance. Art. 23 Free Medical Aid. Art. 24 Milk Grant. Art. 25 Amounts payable by way of assistance. Art. 26 Pensions in respect of invalidity. Art. 27 Art. 28 Injury Benefit. Art. 29 Injury Grant and Injury Pension. Art. 30 Unemployment Benefit, Special Unemployment Benefit and Social Assistance. Art. 31 Pensions in respect of widowhood. Art. 32 Non-eligibility to a pension in widowhood. Art. 33 Widow’s Pension to be abated by pension from late husband’s employer. Art. 33A Increased Widows’ Pension. Art. 34 Survivor’s Pension. Art. 35 Full rate of Survivor’s Pension. Art. 36 Survivor’s Pension plus pension from late husband’s employer not to exceed two-thirds of pensionable income. Art. 37 Reassessment of Survivor’s Pension. Art. 38 Disqualification from certain benefits. Re-numbered by: XXIV. 1993.2. Art. 39 Entitlement to higher pension. Art. 40 Remarriage grant. Art. 41 Payment of certain benefits under the National Insurance Act. Art. 42 Widow in state financed residential service. Re-numbered by: XXIV. 1993.2. Art. 42A Apportionment of pension in respect of widowhood where there is more than one widow. Art. 42B Maximum rate of pension in respect of widowhood. Art. 43 Widower’s Pension. Art. 44 Entitlement to a pension in respect of retirement. Art. 45 Disqualification from a pension in respect of retirement. Art. 46 Option of widow claiming a pension in respect of retirement. Art. 47 Entitlement to Retirement Pension and Increased Retirement Pension. Art. 48 No right to particular pensions after 16th January, Art. 49 Proportion of completed months of service. Re-numbered by: XXIV. 1993.2. Art. 50 National Minimum Pension. Art. 50A Guaranteed National Minimum Pension. Art. 51 Decreased National Minimum Pension. Re-numbered by: XXIV. 1993.2. Art. 52 Qualifying condition for a Two-Thirds Pension. Art. 53 Full rate of the Two-Thirds Pension. Art. 54 Minimum and maximum rates of the Two-Thirds Pension. Art. 55 Reduced rates of the Two-Thirds Pension. Re-numbered by: XXIV. 1993.2. Art. 56 Abatement of the Two-Thirds Pension due to Service Pension. Art. 57 Entitlement to more advantageous pension. Re-numbered by: XXIV. 1993.2. Art. 58 Increases not considered in the assessment or re- assessment of a Pensionable Income. Art. 59 Annual reassessment of pensions. Art. 60 Pension based on credited contributions. Re-numbered by: XXIV. 1993.2. Art. 61 Persons in receipt of a pension in respect of invalidity. Re-numbered by: XXIV. 1993.2. Art. 61A Persons who have partaken of an early retirement as a result of a privatization process. Art. 62 Pension payable to the single rate to a married person. Re-numbered by: XXIV. 1993.2. Art. 63 Increased National Minimum Pension. Art. 64 National Minimum Pension Additional Allowance. Art. 64A Retirement before pension age. Art. 64B Five yearly review. Art. 64C Mandatory Second Pension. Art. 64D Voluntary Third Pension. Art. 65 Pensioners in state financed residential service. Re-numbered by: XXIV. 1993.2. Art. 66 Age Pension. Art. 67 Parent’s Pension. Re-numbered by: XXIV. 1993.2. Art. 68 Carer’s Allowance and Increased Carer’s Allowance and Carer’s Grant. Art. 69 Orphan’s Allowance and Orphan’s Supplementary Allowance. Art. 70 Marriage Grant. Art. 71 Maternity Benefit or Maternity Leave Benefit. Re-numbered by: XXIV. 1993.2. Art. 72 Payment of Maternity Benefit or Maternity Leave Benefit. Art. 73 Supplementary Allowance. Art. 74 Limitation of applicability of Parental Allowance. Art. 75 Extension of Parental Allowance to other persons other than the mother. Art. 76 Children’s Allowance. Art. 76A Allowance in respect of child in care. Art. 77 Disabled Child Allowance. Art. 77A Special allowance. Art. 78 Special Allowance. Re-numbered by: XXIV. 1993.2. Art. 79 Entitlement to abandoned children or of unknown parents. Re-numbered by: XXIV. 1993.2. Art. 80 Limitation of applicability of Children’s and Supplementary Allowance. Re-numbered by: XXIV. 1993.2. Art. 81 Disqualification to Children’s Allowance. Art. 82 Beneficiary of Children’s Allowance. Re-numbered by: XXIV. 1993.2. Art. 83 Head of household to have custody of child. Re-numbered by: XXIV. 1993.2. Art. 84 Powers to make regulations. Re-numbered by: XXIV. 1993.2. Art. 84A Sussidji għal day care centres. Miżjud: II. 1999.14. Art. 85 Art. 86 Bonus imnaqqas u Bonus Addizzjonali: Rinumerat: XXIV. 1993.2. Emendat: XXV. 1994.22; I. 2012.8. Art. 87 Art. 88 Art. 89 Art. 90 Art. 90A Art. 90B Art. 91 Persuni l-ħabs. Rinumerat: XXIV. 1993.2. Emendat: XXI. 1996.45; II. 2002.73; XXXII. 2007.63; XXXIX. 2015.9. Art. 92 Persuni msiefrin. Emendat: XVI.1989.16. Rinumerat: XXIV. 1993.2. Emendat: XXI.1996.46; XV. 2016.59. Art. 93 Art. 94 Art. 95 Persons benefiting from home-care/ home-help services provided by Government. Art. 96 Separate pensions and split bonus and split additional bonus. Re-numbered by: XXIV. 1993.2. Art. 97 Time and manner of making claims. Art. 98 Payments. Art. 99 Non-payment of arrears of any benefits, pensions, assistance or allowance to persons with dual citizenship. Art. 100 Representation of deceased persons, and persons unable to act. Re-numbered by: XXIV. 1993.2. Art. 101 Benefit, pension, allowance or assistance to be inalienable. Re-numbered by: XXIV. 1993.2. Art. 102 Repayment of benefit, pension, allowance or assistance improperly received. Art. 103 Recovery of benefits in respect of injury caused by wilful act or negligence. Re-numbered by: XXIV. 1993.2. Art. 104 Contributions under the Widows’ and Orphans’ Pensions Act. Re-numbered by: XXIV. 1993.2. Art. 105 Determination of questions as to insurability and contributions. Re-numbered by: XXIV. 1993.2. Art. 106 Determination of claim. Art. 107 Appointment of Umpires. Re-numbered by: XXIV. 1993.2. Art. 108 Appeal to the Umpire. Art. 109 Appeal from the decision of the Umpire. Re-numbered by: XXIV. 1993.2. Art. 110 Power to revise decision. Re-numbered by: XXIV. 1993.2. Art. 111 Umpire’s decision to be conclusive for the purpose of proceedings. Re-numbered by: XXIV. 1993.2. Art. 112 Appointment of inspectors. Re-numbered by: XXIV. 1993.2. Art. 113 Powers of inspectors. Re-numbered by: XXIV. 1993.2. Art. 114 Social Security Account. Art. 115 Expenses of administration. Re-numbered by: XXIV. 1993.2. Art. 116 Failure by employer or self- employed person to pay contributions. Art. 116A Exemption. Art. 116B Collection of arrears of unpaid contributions. Art. 117 Misuse of documents and failure to report changes. Art. 118 Forgery of National Insurance Stamps. Re-numbered by: XXIV. 1993.2. Art. 119 General penalty. Re-numbered by: XXIV. 1993.2. Art. 120 Nature of offences under this Act. Art. 121 Criminal proceedings. Art. 122 Limitation of action. Re-numbered by: XXIV. 1993.2. Art. 123 Liability of manager and other principal officer or body of persons. Re-numbered by: XXIV. 1993.2. Art. 124 Proceedings against employer for benefit lost through employer’s default. Re-numbered by: XXIV. 1993.2. Art. 125 Information required by the Director. Re-numbered by: XXIV. 1993.2. Art. 126 Unpaid contributions deemed as paid in cases where employee has no blame. Art. 127 Appeals at the instance of the Attorney General. Art. 127A Special mechanism for out of court settlements. Art. 128 Social Assistance Board. Re-numbered by: XXIV. 1993.2. Art. 129 Functions of the Social Assistance Board. Art. 130 Welfare Committee. Art. 131 Functions of the Welfare Committee. Art. 131A Competent authority for state- owned hostels for the care and welfare of persons with disability. Art. 132 Duties and functions of the Director. Re-numbered by: XXIV. 1993.2. Art. 133 Special powers of the Director. Art. 134 Reciprocal and multilateral agreements. Re-numbered by: XXIV. 1993.2. Art. 135 Free postage. Re-numbered by: XXIV. 1993.2. Art. 136 Savings.

Statutory Text (170 Articles)

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Preamble — SOCIAL SECURITY ACT Open official source

SOCIAL SECURITY

CHAPTER 318

SOCIAL SECURITY ACT

To establish a scheme of social security and to consolidate with amendments existing

provisions concerning the payment of social insurance benefits, pensions and allowances,

social and medical assistance, non-contributory pensions and the payment of social insurance

contributions by employees, employers, self-employed and the State.

1st January, 1987

ACT X of 1987, as amended by Acts XX of 1987, XIV of 1988, XVI of 1989, VIII, XVI of

1990, XIII of 1991, VIII of 1992, XXIV of 1993, XXV of 1994, XXVII of 1995, XXI of 1996,

XVI, XXII of 1997, VII of 1998, II of 1999; Legal Notices 56, 84 of 1999, 10 of 2000; Act XI of

2000; Legal Notice 21 of 2001; Act VI of 2001; Legal Notices 4, 422 of 2002; Acts II of 2002,

XI of 2003; Legal Notice 436 of 2003; Acts II of 2004, III, XIII of 2005, II, VI, XIX of 2006;

Legal Notices 100, 101 of 2006, 62, 318, 424 of 2007; Act XXXII of 2007; Legal Notices 105,

149 of 2008; Act II of 2009; Legal Notices 143 of 2009, 437 of 2010; Act IV of 2011; Legal

Notices 330, 455 of 2011; Acts I, V of 2012; Legal Notices 117, 218, 342 of 2012; Act IX of

2013; Legal Notices 355 of 2013, 62, 79 of 2014; Acts XII, XXXVI of 2014, XIII, XXXIX of

2015; Legal Notices 123, 258, 302 of 2015; Acts XV, XXVII of 2016; Legal Notices 309, 337 of

2016, XVI of 2017 and Legal Notices 6 of 2018, 44of 2018 and Act VII of 2018 and Legal

Notice 195 of 2018 and Act VII and XXIX of 2019 and Legal Notice 94 and 183 of 2019and

251 of 2020, 307 of 2021 and 331 of 2021, Act VIII of 2020, XVIII of 2021 and VII of 2022 and

V and XII of 2023 and Legal Notices 55,232 and 257 of 2023 and Acts XIII and XXXIII of

2024 and Legal Notices 10,56 and 282 of 2025 and Act IX and XXX of 2025 and Act III of

2026. ARRANGEMENT OF ACT

Articles

Part I

Preliminary

1-2

Part II

Insured Persons and Contributions

3-17

Part III

Benefits, Allowances and Particular Pensions

18-30

Part IV

Pensions in respect of Widowhood

31-43

Part V

Pensions in respect of Retirement

44-65

Part VI

Other Pensions, Benefits and Allowances

66-88

Part VII

Miscellaneous Provisions in respect of Pensions, Allowances,

Benefits and Assistance payable under this Act

89-104

Part VIII

Determination of Claims and Questions

105-111

Part IX

Administration and Finance

112-115

Part X

Enforcement and Non-Compliance

116-127

Part XI

Establishment of a Social Assistance Board and a Welfare

128-131

Committee

Part XII

Duties, Functions and Special Powers of the Director

132-133

Part XIII

General Provisions

134-136

SOCIAL SECURITY

SOCIAL SECURITY

SCHEDULES

First Schedule

PART I

Employments

PART II

Excepted Employments

Second Schedule

PART I

E x e m p t i o n f r o m t h e p a y m e n t o f C l a s s Tw o

Contributions

PART II

Sickness Assistance

PART III

Free Medical Aid

PART IV

Age Pension

PART V

Severe Disability Assistance, Disability Assistance

and Assistance for the Visually Impaired

PART VI

Social Assistance

PART VII

C h i l d r e n ’s A l l o w a n c e a n d D i s a b l e d C h i l d

Allowance

PART VIII

Supplementary Allowance

Third Schedule

PART I

Rates of Sickness, Unemployment, Special

Unemployment, and Injury Benefits; Injury Grant

and Injury Pension

PART II

Amounts of Injury Grant

PART III

Highest Rate of Injury Pension

PART IV

Orphan’s Allowance

PART V

Orphan’s Supplementary Allowance

Fourth Schedule

Industrial Diseases or Injuries

Fifth Schedule

PART I

Diseases and conditions in respect of which

Sickness Assistance may be payable

PART II

Diseases and conditions in respect of which Free

Medical Aid may be accorded

Sixth Schedule

PART I

Scale of Social Assistance per week, inclusive of

any measures under the provisions of article 90A

PART II

Highest Rate of Age Pension inclusive of any

increases under the provisions of article 90A

PART III

Highest Rate of Increased Disability Assistance,

Severe Disability Assistance, Disability Assistance

and Assistance for the Visually Impaired per week,

inclusive of any increase under the provisions of

article 90B

PART IV

Highest Rate of Carer’s Allowance and Increased

Carer’s Allowance per week, inclusive of any increase

under the provisions of article 90B

PART V

House Rent

Seventh Schedule

Scale rates of means governing Sickness Assistance

Eighth Schedule

PART I

Scale rates of means governing Free Medical Aid

where the head of household is in insurable

employment or self-occupied

PART II

Scale rates of means governing Free Medical Aid

where the head of household is neither in insurable

employment nor self-occupied

Ninth Schedule

Amounts of Sickness Assistance, Milk Grant,

Leprosy Assistance and Tuberculosis Assistance

Tenth Schedule

PART I

Class One Contributions (Employed Persons)

SOCIAL SECURITY

PART II

Class Two Contributions (Self-employed Persons)

PART III

Class Two Contributions (Self-Occupied Persons)

PART IV

Maternity and Adoption Leave Fund Contribution

(Employers)

PART V

Credited Contributions

Eleventh Schedule

Contribution Conditions

Twelfth Schedule

Rates of several kinds of pension

Thirteenth Schedule

Calculation of the Pensionable Income

Fourteenth Schedule

Rates of several kinds of Allowances, Maternity

Benefit and a Marriage Grant.

SOCIAL SECURITY

PART I

PRELIMINARY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 1 Short title. — SOCIAL SECURITY ACT Open official source

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

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

First Schedule — SOCIAL SECURITY ACT Open official source

[ ARTICLE 5]

INSURABLE EMPLOYMENT

PART I

EMPLOYMENTS

1. Employment in Malta under any contract of service or

apprenticeship, written or oral, and whether expressed or implied,

including employment by or under the Government of Malta.

Provided that, saving the provisions of any agreement with any

other country, employment as aforesaid outside Malta shall be

treated as employment in Malta if the employee concerned is

ordinarily resident in Malta and the employer is the Government of

Malta or has a place of business in Malta.

2. Employment as aforesaid outside Malta

(a) as master or a member of the crew of any ship or

vessel registered in Malta;

(b) as pilot, commander, navigator or a member of the

crew of any aircraft licensed in Malta;

(c) on board any ship or vessel, otherwise than as master

or a member of the crew

Provided that -

(i)

this employment is for the purposes of the ship

or vessel or her crew or of any passengers or

cargo or mails carried thereon;

(ii) where the employee concerned is not a citizen of

Malta, the contract is entered into in Malta, and,

in all cases, irrespective of the employee’s

nationality, with a view of its performance (in

whole or in part) while the ship or vessel is on

her voyage; and

(iii) the employer has a place of business in Malta;

(d) on board any aircraft, otherwise than as pilot,

commander, navigator or a member of the crew

Provided that -

(i)

this employment is for the purposes of the

aircraft or its crew or of any passengers or cargo

or mails carried thereon;

(ii) where the employee concerned is not a citizen of

Malta, the contract is entered into in Malta, and,

in all cases, irrespective of the employee’s

nationality, with a view to its performance (in

whole or in part) while the aircraft is on its

flight; and

(iii) the employer has a place of business in Malta.

3. Services after the 14th August, 1979, in any of the offices

SOCIAL SECURITY

specified in articles 48, 59(1), 80 and 88 of the Constitution.

4. Service after the 5th January, 1981, as a member of the

House of Representatives, other than service in any offices

specified in articles 59(1), 80 and 88 of the Constitution, except

where the person concerned is self-occupied.

5. Any period after the 1st April, 1978, during which a person

is following a full-time course of studies or instruction under the

Worker-Student or Pupil-Worker Scheme or other similar schemes,

involving distinct work and study periods, for which he is receiving

remuneration.

6. Government employees who have been released on unpaid

leave from performing duty with Government in order to become

members of a co-operative primary society in terms of the Co-

operative Societies Act.

PART II

EXCEPTED EMPLOYMENTS

1. Employment of a casual nature otherwise than for the

purposes of the employer’s trade or business.

2. Employment of a person who is not ordinarily resident in

Malta if the employer of that person is not resident in Malta and has

no place of business there.

3. Employment by any one employer for less than eight hours

in a calendar week.

4. Employment as secretary or clerk of a society, club,

philanthropic institution, school or other similar body or

institution, where personal service is ordinarily required only

occasionally and outside the ordinary hours of work, provided the

hours referred to in paragraph 3 of this Part are not exceeded.

5. Employment of a person who is not ordinarily resident in

Malta if the employer of that person is paying contributions in

respect of that person under a scheme of social insurance in another

country.

6. Employment of any of the directors in any partnership, for

the purposes of that partnership, wherein such partnership has been

entered into between or among persons that are related to one

another, up to and including cousins of the first degree and/or their

spouses, provided any such directors are themselves such partners

or the spouses of such partners.

7. Employment of any majority shareholder in any

partnership, for the purposes of that partnership; and for this

purpose any shareholder shall still be deemed to be a majority

shareholder if, notwithstanding the fact that the number of his

shares do not constitute the majority, the value or powers attached

to his holding exceed the aggregate total value or powers attached

to the holding of the other shareholders in that partnership.

SOCIAL SECURITY

8. With effect from the 6th January 1992

(a) employment entered into prior to the 5th January 2008

of a person who has reached pension age prior to the

5th January 2008; or

(b) employment of an actual widow under pension age, if

she so elects, who is in receipt of a pension in respect

of widowhood under this Act

Provided that the weekly wage or salary of such person or

acual widow does not exceed the National Minimum Wage, or its

monthly equivalent, as is applicable to persons of eighteen years of age

or over established by a National Standard Order issued under the

Employment and Industrial Relations Act.

9. With effect from the 4th July, 1988, employment of a

person as a Casual Social Assistant by the Department for the Care

of the Elderly of the Government of Malta.

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 2 Interpretation. — SOCIAL SECURITY ACT Open official source

(1)

In this Act, unless the context otherwise requires -

"allowance" means any allowance payable under this Act;

"assistance" means assistance which may be given under this

Act;

"basic weekly wage" and "basic salary" mean the gross wage or

salary that is payable to an employed person by or on behalf of his

employer excluding any remuneration for overtime, any form of

bonus, any extra allowances, any remuneration in kind and

commissions;

"beneficiary" in relation to any benefit, pension, assistance or

allowance means the person entitled to that benefit, pension,

assistance or allowance;

"benefit" means benefit which is payable under this Act and

includes Bonus, Additional Bonus and Marriage Grant;

"benefit year" means the period starting from the first Monday in

January and ending on the last Sunday before the first Monday in

January of the following year;

"care allowance" means an allowance payable under article 76A;

"child" means a person who is under the age of sixteen years and

includes a stepchild, an adopted child and a child born out of

wedlock;

"children’s allowance" means an allowance payable under article

76;

"claimant" means a person claiming a benefit, pension,

assistance or allowance under this Act;

"Class One contribution" means a contribution which an insured

person pays as an employed person;

"Class Two contribution" means a contribution which an insured

person pays either as a self-employed person, or as a self-occupied

person;

"Committee" means the Welfare Committee established by

article 130;

"Consolidated Fund" means the Consolidated Fund established

by article 102 of the Constitution;

"contract of service" means an agreement between two persons,

whether written, oral or implied, whereby one of the parties (herein

called the "employee") who shall always be a physical person, shall

be under an obligation to render to the other party (herein called the

"employer") services by way of master and servant relationship for

definite hours at a specified wage, salary, remuneration in kind or

any other benefit or privilege, subject to the right of the employer

to exercise control, supervision, direction, and any form of

SOCIAL SECURITY

disciplinary action over the employee as to the method of

performance of his duties;

"contribution" means a contribution payable under this Act or

which was payable under the provisions of the National Insurance

Act before the date of its repeal;

"contribution year" means the period starting from the first

Monday in January and ending on the last Sunday before the first

Monday in January of the following year;

"credited contribution" means a contribution which is not paid by

a person but is nonetheless accredited ope legis to him for the

purposes of this Act;

"Department" means the Social Security Division;

"Director" in or in respect of the provisions of this Act, other

than those of articles 3 to 11, both inclusive, articles 13, 14, 15,

93(1), 112, 113, 117(2), 123 124(1) and (2), and save as otherwise

provided, means the Director General (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, 15, 117(2), 123

and 124(1) and (2) and save as otherwise provided, Director means

the Commissioner for Tax and Customs and includes any public

officer in his Department designated by him; and in or in respect of

the provisions of article 93(1), 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 articles

114(2), 116, 119, 120, 121, 122 and 125, the word Director means

the Director General (Social Security) or the Commissioner for Tax

and Customs, 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 General (Social Security), or the Commissioner for

Tax and Customs, 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;

"earnings" means the income derived by a self-occupied person

from any economic activity (including the exercise of any trade or

profession), and is to be taken net of expenses directly incurred in

generating that income, and does not include

(i)

any income derived by way of any interests on

any bank deposits (including any liquid assets,

time deposits, bonds, stocks, shares or other

securities), rents or groundrents receivable on

any property, or

SOCIAL SECURITY

(ii) any other income, if any, which is not directly

related to such economic activity, or

(iii) in any case, any income belonging to the spouse

of such person;

"employed person" means a person who has not yet passed his

sixty-fifth birthday and who is employed in insurable employment;

"employer" includes a body of persons being a partnership,

company, fellowship or society of persons whether corporated or

unincorporated and whether vested with legal personality or not,

and a body corporate established by law;

"father" includes a stepfather and an adoptive father;

"Fixed Children’s Allowance'' shall be that specified in the

Fourteenth Schedule;

"full-time basis and regularly" means physically available at

home in a way as will ensure unfailing attendance and attention to

and the caring of -

(a) for the purposes of article 30(8) -

(i)

a relative suffering from mental severe

subnormality; or

(ii) a severely disabled relative; or

(iii) a relative who is aged 60 years or over; and

(b) for the purposes of article 68, a relative who by reason

of infirmity is bedridden or confined to a wheel-chair;

"gainfully occupied" means employed in insurable employment

or self-occupied;

"head of household" in relation to a household consisting of two

or more persons means such person as is in the opinion of the

Director the head of household;

"household" means one person who in the opinion of the Director

is living alone or two or more persons who in the opinion of the

Director are living together as a family

Provided that -

(a) for the purposes of Sickness Assistance claimed in

respect of a person who is over the age of sixty years,

together with his wife or husband, if any, as the case

may be, and children and none of whom is in insurable

employment or self-occupied; and

(b) for the purposes of Sickness Assistance in respect of

chronic schizophrenia in respect of any member of the

household who is not the head of household or his

wife, if any,

such persons or such couples shall, if it is to their advantage, be

considered as forming a household of their own

Provided further that for the purposes of a Free Medical Aid

awarded under this Act, the Director may, if he feels that the

circumstances of the household so require, exclude from the

SOCIAL SECURITY

composition of the household any person or persons who would

otherwise form part of it;

"insurable employment" has the meaning assigned to it by article

5;

"insured person" means an employed person or a self-employed

person or a self-occupied person in terms of Part II of this Act;

"medical treatment" means medical, surgical or rehabilitative

treatment including any course or diet or other regimen, and any

surgical and pharmaceutical aid;

"mental severe subnormality" means arrested or incomplete

development of mind, resulting in a marked lack of intelligence

which in turn renders the person affected incapable of living an

independent life or of guarding himself against serious exploitation

or will render him so incapable when of age to do so;

"Minister" means the Minister from time to time in charge of the

Department and includes any officer designated by the Minister for

a particular purpose or class of purposes

Provided that in respect of the provisions of article 93, 130

and 131, and save as otherwise provided, the word Minister means

the Minister responsible for the elderly and includes any officer

designated by the said Minister for a particular purpose or class of

purposes;

"mother" includes a stepmother and an adoptive mother;

"net income" means total income net of expenses directly

incurred in generating that income;

"parent" includes a step-parent and an adoptive parent;

"pension" means a pension payable under this Act;

"pension age" means sixty-five years of age

Provided that;

(i)

(a)

saving the provisions of paragraph (ii) hereof, in

the case of a person born on or before the 31st

December 1951, pension age shall be sixty-one

years;

(b) in the case of a person born during the calendar

years 1952 to 1955, pension age shall be sixty-

two years;

(c) in the case of a person born during the calendar

years 1956 to 1958, pension age shall be sixty-

three years;

(d) in the case of a person born during the calendar

years 1959 to 1961, pension age shall be sixty-

four years;

(ii) in the case of a woman born on or before the 31st

December 1951, pension age shall be sixty years;

"pensionable income" means the average annual basic wage or

salary or the net income, or earnings, calculated in accordance with

SOCIAL SECURITY

the Thirteenth Schedule to this Act;

"prescribed" means prescribed by regulations;

"regulations" means regulations made by the Minister under this

Act and published in the Gazette;

"relevant accident" and "relevant injury" mean respectively, in

relation to Injury Benefit, Injury Grant or Injury Pension, the

accident or injury in respect of which any of the said benefits is

claimed or payable;

"relevant loss of faculty" means the loss of faculty resulting from

the relevant injury;

"retirement" means attainment of pension age

Provided that in respect of a person over pension age who is

not in receipt of a pension and is still in insurable employment, or is

self-occupied or is self-employed, retirement means the date on which

he applies for a pension under Part V of this Act or on which he

reaches the age of sixty-five years, whichever is the earlier

Provided further that -

(a) in respect of a person who at any time is or was in

receipt of a pension under this Act payable on or after

pension age, retirement means -

(i)

the date taken as his date of retirement for the

purposes of awarding a pension payable after

pension age, or

(ii) pension age in the case of any other person;

(b) in the case of a man who dies before reaching pension

age and his wife becomes entitled to a Survivor’s

Pension in terms of the proviso to article 34,

retirement means the date on which such death occurs,

or, if such death occurs at a time when he was in

receipt of a pension in respect of invalidity under this

Act, retirement means the day on which he became

such an invalid;

"Second Pension" means the mandatory pension scheme referred

to in article 64C;

"self-employed person" means a person who has not yet passed

his sixty-fifth birthday, is ordinarily resident in Malta, and is not an

employed person nor a self-occupied person;

"self-occupied" means a self-employed person who is engaged in

any activity through which earnings exceeding €910 per annum are

being derived;

"self-occupied homeworker" means a self-occupied person who is

engaged by an individual, for the purposes of that individual's

business, solely for the execution of manual work which requires no

particular trade to be done by the self-occupied homeworker at his

home such as the assembly of already finished products which work

gives no added value to such products, provided that such self-

occupied homeworker is not so engaged by any other individual and is

SOCIAL SECURITY

not otherwise gainfully occupied;

"Service Pension", means -

(i) with effect from the 1st day of April, 1978, a pension

or other allowance awarded to a person at any time

before or after the aforesaid date that is payable by or

on behalf of his employer in respect of past services in

Malta or abroad and shall in each and every case be

considered on an uncommuted basis, and

(ii) with effect from the 4th January, 1992, where a person

is in receipt of two or more Service Pensions, only the

higher or highest, as the case may be, of such Service

Pensions shall be deemed to be a Service Pension for

the purpose of assessing, revising or re-assessing a

pension in respect of retirement or invalidity under

this Act; so however that, and solely for the purpose of

assessing, revising or re-assessing a Retirement

Pension in accordance with article 44 and article

47(1)(i), where a person who is in receipt of two or

more such Service Pensions one of which is payable

by or on behalf of the United Kingdom Government,

the Director shall have the right to elect, on behalf of

the person, which of such Service Pensions as

aforesaid is to be deemed to be the Service Pension for

this latter purpose. So however that the right to such

election shall be exercised only once

Provided that, with effect from the 4th January

1992, and solely for the purpose referred to in the

foregoing paragraph of this definition, where a Service

Pension as aforesaid in this definition has been -

(a) commuted in part only and the pensioner has

reached his 72nd birthday, 50% of the commuted

part only of such Service Pension shall be taken

into account

Provided that, with effect from 5 th January 2019,

and solely for the purpose referred to in paragraph

(a), where a Service Pension has been commuted in

part only and the pensioner has reached the age of

seventy-two (72), twenty-five per cent (25%) of the

commuted part only of such Service Pension shall

be taken into account

Provided also that, with effect from 1st January

2022, and solely for the purpose referred to in

paragraph (a), where a Service Pension has been

commuted in part thereof only and the pensioner

has reached the age of seventy-two (72) years, the

commuted part shall not still be taken into account

when calculating the contributory pension for the

purposes of this Act

Provided also that, with effect from 1st January 2024,

and solely for the purpose referred to in paragraph

(a), where a Service Pension has been commuted

SOCIAL SECURITY

in part thereof only and the pensioner has reached

the age of seventy-two (72) years, or after twelve

(12) years from when the Service Pension is paid,

whichever is the earlier, the commuted part shall

not still be taken into account when calculating the

contributory pension for the purposes of this Act;

and

(b) commuted in whole, only 50% of such Service

Pension shall be taken into account, so however

that with effect from the 4th October, 1997,

where such Service Pension has been commuted

in whole, it shall no longer be taken into account

for the purposes of this Act; and

(iii) with effect from January 6, 1996, net of increases in

the amount payable of such Service Pension by way of

cost of living increases awarded after January 7, 1995,

and

(iv) with effect from October 4, 1997, a pension or other

allowance, other than a pension or other allowance

which has been commuted in whole, or which does not

exceed €466 per annum, net of increases in the amount

payable of such Service Pension by way of cost of

living increases awarded after the initial award of such

Service Pension; and

(v) with effect from the 5th January 2008, for the purposes of

calculating the rate of a pension under this Act, a Service

Pension net of four hundred and sixty-six euro (€466);

(vi) with effect from the 3rd January 2009, for the purposes of

calculating the rate of a pension under this Act, a service

pension net of another two hundred euro (€200);

(vii) with effect from 1st January 2011, for the purpose of

calculating the rate of a pension under this Act, a

service pension net of another two hundred euro

(€200);

(viii) with effect from 7th January, 2012, for the purpose of

calculating the rate of a pension under this Act, a

service pension net of another two hundred euro

(€200);

(ix) with effect from the 5th January 2013, for the purpose of

calculating the rate of a pension under this Act, a service

pension net of another two hundred euro (€200);

(x) with effect from the 4th January 2014, for the purpose of

calculating the rate of a pension under this Act, a service

pension net of another two hundred euro (€200);

(xi) with effect from the 3rd January, 2015, for the purpose

of calculating the rate of a pension under this Act, a

service pension net of another two hundred euro

(€200);

(xii) with effect from the 2nd January 2016, for the purpose of

calculating the rate of a pension under this Act, a service

SOCIAL SECURITY

pension net of another two hundred euro (€200) and a

further €200 shall be deducted with effect from the first

Saturday of every calendar year after such date; and

(xiii) the Second Pension or the Third Pension which a

person may receive shall not be considered as a

Service Pension for the purposes of this Act;

"severely disabled person" means a person who still has a

reasonable expectancy of life or who will be rendered so incapable

when of age to do so, owing to a disability arising from -

(a) total deafmutism; or

(b) achondroplasia, hypopituitarism, osteogenesis imper-

fecta or other forms of dwarfism; or

(c) one of the following diseases, namely

Multiple Sclerosis

Muscular Dystrophy

Neuro Myelitis Optica

Spina Bifida

Systemic Lupus Erythematosus

Haemophilia or any other similar permanent disorder

of the blood characterised by chronic or repeated

bleeding

Hydrocephalus

Huntington’s Chorea

Cystic Fibrosis

T C II Deficiency;

Cerebellar Ataxia;

Chronic-Granulomatous Disease;

Leopard’s Syndrome;

Amyotrophic Lateral Sclerosis (ALS);

Immotile Cilia Syndrome; or

(d) permanent total paralysis or permanent total severe

malfunction or permanent total disease, whether

through amputation or otherwise, of both upper or

lower limbs; or

(e) epilepsy with a frequency of attacks exceeding four

per month, which condition is confirmed by

appropriate investigations including an electro-

encephalogram and so certified by a Government

neurologist or psychiatrist provided that the person

concerned is not in possession of a driving licence; or

(f)

congenital indifference to pain; or

(g) an impairment or condition not listed in any of the

previous paragraphs, and that which, in conjunction with

any difficulties in terms of the meaning of disability as

laid down in this article, produces a disabling effect

equivalent to, or greater than the percentage specified in

the Fifteenth Schedule, and as confirmed by the

interprofessional panel established by article 106(g);

"single parent" means a parent who is widowed, separated

(whether de facto or de jure), divorced or unmarried who is solely

SOCIAL SECURITY

and entirely responsible for the upkeep and upbringing of his or her

dependant sons or daughters who have not yet reached 18 years of

age;

"terminally-ill person" means a person who is medically certified to

be suffering from a serious illness whose life is not expected to go

beyond twenty four months at the maximum from the date of diagnosis

of the same illness;

"Third Pension" means a retirement scheme set up as a personal

retirement scheme in terms of the Special Funds (Regulation) Act

or the Retirement Pensions Act;

"Umpire" means any umpire appointed under article 107;

"visually impaired person" means a person whose visual acuity

has been certified by an ophthalmologist to be so low as to render

such person unable to perform any work for which eyesight is

essential;

"widow" means

(a) the surviving spouse, whether a widow or a widower,

of a married couple who immediately prior to

widowhood was married to the deceased spouse and

had a legal right to be maintained by the other spouse;

(b) surviving cohabitant who immediately prior to the

death of the other cohabitant was in a cohabitation

registered under the provisions of the Cohabitation

Act;

(c) surviving partner who immediately prior to the death

of the other partner was in a civil union registered

under the provisions of the Civil Unions Act; and

(d) persons who prove to the satisfaction of the Director,

by providing the necessary documentation, that they

have been living together in similar circumstances to

marriage, civil union or cohabitation for at least ten

(10) years immediately prior to the death of one (1) of

the couple living in similar circumstances to marriage,

civil union or cohabitation and that the marriage, civil

union or cohabitation was not contracted and

registered because of such death of one (1) of the

couple, which death occurred between 1st January

2017 and 31st December 2020, and in relation to an

actual widow, wherever it appears, husband shall

include wife.

(2)

For the purposes of this Act -

(a) a person shall be deemed to be over or under any age if

he has or has not reached that age;

(b) a person shall be deemed to be between two ages if he

has reached the lower but has not reached the upper of

these two ages;

(c) a person shall be deemed not to have reached any

SOCIAL SECURITY

particular age until the beginning of the anniversary of

the date of his birthday relevant to that particular age.

(3)

For the purposes of awarding -

(i)

a widows’ pension or a retirement pension, in

terms of this Act, a person born on or before the

31st December 1961 and who, during the last ten

years ending on the last day of the calendar year

immediately preceding such person’s retirement

or widowhood; or

(ii) an invalidity pension, in terms of this Act, a

person who, during the last ten years ending on

the last day of the calendar year immediately

preceding such person’s becoming an invalid,

was an insured person, shall be treated as an employed person, or as

a self-employed person, or as a self-occupied person according to

t h e n u m ber of ye a r s , o r pa r t t h ereof, h e s pent in i ns urable

employment or as a self-employed person, or as a self-occupied

person and where the greater number of years, or part thereof, were

spent in insurable employment, he shall be treated as an employed

person; and where the greater number of years, or part thereof,

were spent as a self-employed person, he shall be treated as a self-

employed person; and where the greater number of years, or part

thereof, were spent as a self-occupied person, he shall be treated as

a self-occupied person

Provided that a person who, in accordance with this sub-

article is to be treated as a self-employed person, shall, if it is to his

advantage, be treated as an employed person if immediately before

the fifteenth year prior to his retirement or invalidity, as the case

may be, he was an employed person for not less than twenty years

and has continued to be so employed for any period within the said

last fifteen years and has not after such period become self-

occupied.

PART II

INSURED PERSONS AND CONTRIBUTIONS

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Second Schedule — SOCIAL SECURITY ACT Open official source

[ Articles 12, 20, 23, 27, 30, 66, 68, 73, 76 and 76A ]

Calculation of means for the purposes of an exemption from the

payment of Class Two Contributions and for the award of Social

Assistance, Sickness Assistance, Free Medical Aid, an Age Pension,

Severe Disability Assistance, Disability Assistance, an Assistance for

the Visually Impaired, Children’s Allowance, a Supplementary

Allowance, and a Disabled Child Allowance.

PART I

Exemption from the Payment of Class Two Contributions

1. In calculating the means for the purposes of article 12

account shall be taken of

(a) the value of any property including any settlement of

property in trust (excluding the house of residence)

belonging to that person which is, or could be,

invested or put to profitable use, excluding furniture,

jewellery and other personal effects

Provided that where the cash at bank and in hand

(including any liquid assets, time deposits, bonds,

stocks, shares or other securities), cash settled in any

trust and the capital value of any urban immovable

property including any settlement of such property in

trust (excluding the house of residence) which is not

being put to profitable use, together exceed €9,320 in

the case of a single or widowed person, or €16,310 in

the case of a married person, the person requesting an

exemption from the payment of a Class Two

contribution shall be deemed not to be entitled to such

an exemption; and

(b) save as provided in paragraph 3 of this Part, any

income or privilege which is, or could be, received or

enjoyed by that person including any person entitled to

benefit under a trust or in which favour a discretion to

distribute property, including income or privilege, held

in trust may be exercised.

2. Where the total capital resources referred to in paragraph

1(a) of this Part do not exceed the limits laid down therein

(a) the first €585 of such capital resources shall be

ignored; and

(b) the value of any urban immovable property as is

referred to in the proviso to the aforesaid sub-

paragraph (a) shall be treated as producing an annual

income equivalent to 5.5% of its capital value.

3. In calculating the income or privilege which is, or could

be, received or enjoyed by the person requesting an exemption

from the payment of a Class Two contribution, no account shall be

SOCIAL SECURITY

taken of

(a) any assistance, pension, benefit or allowance payable

under this Act;

(b) any sickness benefit from a friendly society or a trade

union;

(c) any sum paid out of a charitable fund;

(d) any pension, other than a pension payable by virtue of

article 16A of the Malta Dockyard Act, which is paid

apart from this Act; and

(e) the first €470 by way of earnings derived by any

person from the carrying out of hand knitting, lace

making, crochet and embroidery activities at home,

and the manufacture of which does not involve any

mechanical processes.

PART II

Sickness Assistance

1. In calculating the means for the purposes of article 20

account shall be taken

(a) save as provided for in paragraph 3 of this Part, of the

value of any property including any settlement of

property in trust (excluding the house of residence)

belonging to all the members of the household who are

neither employed persons nor self-employed or self-

occupied persons in terms of this Act, which is, or

could be invested or put to profitable use excluding

furniture, jewellery or other personal effects

Provided that where the cash at bank and in hand

(including liquid assets, time deposits, bonds, stocks,

shares and other securities), cash settled in any trust

and the capital value of any urban immovable property

including any settlement of such property in trust

(excluding the house of residence) which is not being

put to profitable use, together exceed

(i)

€16,000 in the case of a household consisting of

one member only or of a number of members

headed by a single person or a single parent; or

(ii) €26,000 in the case of a household consisting of

at least the head of household and the spouse of

such head of household,

the person claiming Sickness Assistance shall not be

deemed to be entitled to such assistance

Provided further that, with effect from 1st January

2024, in the case of a person who has been in receipt

of Sickness Assistance in accordance with the

provisions of article 20 for a period of five (5) years or

more and who comes into possession of other property

or assets through inheritance, in lieu of the limits laid

down in the first proviso, shall instead be taken in the

SOCIAL SECURITY

calculation of the capital means the amount of thirty

thousand euro (€30,000) in the case of a single or

widowed person, or the amount of fifty thousand euro

(€50,000) in the case of a married person. So however

that, when calculating the capital means in such cases,

no account shall be taken of

(a)

a donation of a property by the beneficiary

of the Sickness Assistance to a son or daughter, provided

that such property is being donated to the son or

daughter in order for the son or daughter to form his or

her future house of residence;

(b)

a donation of part of the house of residence

of the Sickness Assistance beneficiary to the son or

daughter including the space above such property,

provided that such donation is being made in order for

the son or daughter to form his or her future house of

residence; and

(c)

a donation of up to a maximum of twenty

thousand euro (€20,000) to the son or daughter by the

beneficiary of the Sickness Assistance, provided such

donation is made in accordance with the provisions of

the laws of Malta; and

(b) save as provided for in paragraph 4 of this Part, of any

income or privilege which is, or could be received or

enjoyed by any member of the household including

any entitlement of such member to benefit under a

trust or in whose favour a discretion to distribute

property, including income or privilege, held in trust

may be exercised who is neither an employed person

nor a self-employed or self-occupied person in terms

of this Act

Provided that any such property or income that has to

be taken into account for the purposes of this Part, in

accordance with the foregoing provisions of this

paragraph, shall include any property or income which

any member of the household as aforesaid in this Part

had directly or indirectly deprived himself of in order

to become entitled to Sickness Assistance or to

become so entitled at a more advantageous rate

Provided further that where a member, not being the

head of household and the spouse of such head of

household, is an employed person or a self-employed

or self-occupied person, and his gross wage or gross

income, as the case may be, does not exceed 35% of

the National Minimum Wage as is applicable to

persons of eighteen years of age or over established by

a National Standard Order issued under the

Employment and Industrial Relations Act during the

SOCIAL SECURITY

period in respect of which such assistance is due, such

a member shall, for the purposes of this paragraph, not

be deemed to be an employed person or a self-

employed or self-occupied person.

2. Where the total capital resources referred to in paragraph

1(a) of this Part do not exceed the limit laid down therein

(a) the first €585 of such capital resources shall be

ignored; and

(b) the value of any urban immovable property as is

referred to in the proviso to the aforesaid sub-

paragraph (a) shall be treated as producing an annual

income equivalent to 5.5% of its capital value.

3. Where any member of the household as aforesaid in this

Part, other than the head of household and the spouse of such head

of household, is in possession of any property as is referred to in

paragraph 1(a) of this Part

(a) the entire value of any future house of residence or

part thereof belonging to such member in view of

marriage shall be ignored; and

(b) one-half of the value of any other such property shall

be disregarded unless such property had been

transferred or donated to him by the head of household

or the spouse of such head of household within the

twelve months immediately preceding the claim for

Sickness Assistance.

4. In calculating the income or privilege which is, or could be

received or enjoyed by any member of the household as aforesaid

in this Part no account shall be taken of

(a) the first €95 arising out of the use of property;

(b) any

Social

Assistance,

Leprosy

Assistance,

Tuberculosis Assistance, Milk Grant, Carer’s

Allowance, Increased Carer’s Allowance and Sickness

Assistance payable under this Act and any pension or

pensions (whether paid under this Act or not) up to a

maximum aggregate amount equivalent to the

aggregate of the highest rate of the National Minimum

Pension, inclusive of the Additional Allowance

payable according to the claimant's marital status as

specified in the Twelfth Schedule;

(c) any Increased Severe Disability Assistance, Severe

Disability Assistance, Assistance for the Visually

Impaired and Disability Assistance being paid to one (1)

of the spouses, provided that such spouse is neither in

insurable employment nor self-occupied;

(d) any Supplementary Allowance, Children’s Allowance,

Care Allowance, Disabled Child Allowance or

Maternity Benefit payable under this Act;

SOCIAL SECURITY

(e) 84.3% of the total net income or of any privilege,

benefit or allowance or of any excess pension which is

being, or could be received or enjoyed by such

member of the household, other than the head of

household or the spouse of such head of household,

and for this purpose the total net income, privilege,

benefit, allowance or excess pension shall be reduced

by any income tax payments made by the person

concerned in accordance with the Income Tax Act, and

the term "excess pension" shall mean any pension over

the National Minimum Pension as indicated in sub-

paragraph (b);

(f)

any amounts as are referred to in paragraphs 3(b) and

(c) of Part I of this Schedule;

(g) any stipend received by any member of the household,

other than the head of the household or the spouse of

such head of household during a full-time course of

studies or instruction under any scheme run by the

Government of Malta, whether involving or not

distinct work and study periods; and for this purpose,

"stipend" shall not include any wage or other

remuneration which may be payable to the person

concerned during any work phase which may form part

of such a scheme; and

(h) the first €470 by way of earnings derived by any

person from the carrying out of hand knitting, lace

making, crochet and embroidery activities at home,

and the manufacture of which does not involve any

mechanical processes.

(i)

In calculating the means for the purposes of article 20 no

account shall be taken of net earnings derived by a self-

occupied homeworker, as defined in article 2, if such net

earnings do not exceed 35% of the National Minimum

Wage as is applicable to persons of eighteen years of age

or over as established by a National Order issued under

the Employment and Industrial Relations Act.

5. For the purposes of this Part, "spouse" shall include such

person who, in the opinion of the Director, is living with the head

of household as if that person was the lawful wedded spouse of the

head of household, during any period in which Sickness Assistance

is being, or could be. paid to the head of household under the

provisions of this Act.

6. Where a head of household or the spouse is in receipt of

Sickness Assistance under this Act, any increase taking effect at any

time after the 6th January, 1989, to which they or any other member of

the household (as aforesaid in this Part) may become entitled in

respect of any pension, benefit, assistance or Supplementary

Allowance as is payable to them or to any other member of the

household under this Act during the same period within which they are

in receipt of the aforesaid Sickness Assistance, shall not be taken into

account in calculating the means of that household for the purposes of

SOCIAL SECURITY

establishing the continued right or otherwise to such Sickness

Assistance.

7. With effect from the 4th January 2014, where a person who

is divorced or is married but legally or de facto separated from the

other spouse proves to the satisfaction of the Director that he is

paying an amount of money to his spouse or to his former spouse as

an integral part of their separation or of their divorce, that amount

of money shall be deducted when the means of that person are

calculated.

PART III

Free Medical Aid

1. In calculating the means for the purposes of article 23

account shall be taken

(a) save as provided for in paragraph 3 of this Part, of the

value of any property including any settlement of

property in trust (excluding the house of residence)

belonging to all the members of the household which

is, or could be, invested or put to profitable use

excluding furniture, jewellery or other personal

effects

Provided that where the cash at bank and in hand

(including liquid assets, time deposits, bonds, stocks,

shares and other securities), cash settled in any trust

and the capital value of any urban immovable property

including any settlement of property in trust

(excluding the house of residence) which is not being

put to profitable use, together exceed

(i)

€16,000 in the case of a household consisting of

one member only, or a number of members

headed by a single person or a single parent; or

(ii) €26,000 in the case of a household consisting of

at least the head of household and the spouse of

such head of household,

the person claiming Free Medical Aid shall not be

deemed to be entitled to such aid; and

(b) save as provided for in paragraph 4 of this Part, of any

income or privilege which is, or could be, received or

enjoyed by any member of the household including

any entitlement of a member of the household to

benefit under a trust or in whose favour a discretion to

distribute property, including income or privilege, held

in trust may be exercised

Provided that any such property or income that has to

be taken into account for the purposes of this Part in

accordance with the foregoing provisions of this

paragraph shall include any property or income which

any member of the household had directly or indirectly

deprived himself of in order to become entitled to Free

Medical Aid.

SOCIAL SECURITY

2. Where the total capital resources referred to in paragraph

1(a) of this Part do not exceed the limit laid down therein

(a) the first €585 of such capital resources shall be

ignored; and

(b) the value of any urban immovable property as referred

to in the proviso to the aforesaid sub-paragraph (a)

shall be treated as producing an annual income

equivalent to 5.5% of its capital value.

3. Where any member of the household, other than the head

of household and the spouse of such head of household, is in

possession of any property as referred to in paragraph 1(a) of this

(a) the entire value of any future house of residence or

part thereof belonging to such member in view of

marriage shall be ignored; and

(b) one-half of the value of any other such property shall

be disregarded unless such property had been

transferred or donated to such member of the

household by the head of household or the spouse of

such head of household within the twelve months

immediately preceding the claim for Free Medical

Aid.

4. In calculating the income or privilege which is, or could

be, received or enjoyed by any member of the household, no

account shall be taken of

(a) the first €95 arising out of the use of property;

(b) any

Social

Assistance,

Leprosy

Assistance,

Tuberculosis Assistance, Milk Grant and Sickness

Assistance payable under this Act and any pension or

pensions (whether paid under this Act or not) up to a

maximum aggregate amount equivalent to the

aggregate of the highest rate of the National Minimum

Pension, inclusive of the Additional Allowance

payable according to the claimant’s marital status as is

specified in the Twelfth Schedule to this Act;

(c) any Supplementary Allowance, Children’s Allowance,

Disabled Child Allowance or Maternity Benefit

payable under this Act;

(d) 84.3% of the total net income, or of any wage or salary

or of any privilege, benefit or allowance or of any

excess pension which is being, or could be received or

enjoyed by any member of the household, other than

the head of household or the spouse of such head of

household, and for this purpose the total net income,

wage, salary or pension shall be taken as the total

gross income, wage, salary or pension less any

payment made by the person concerned by way of

(i) income tax under the Income Tax Act;

(ii) expenses incurred for travelling by public

SOCIAL SECURITY

transport or by any other form of transport as

may be provided by the employer of the person

concerned, to and from the place of work; and

(iii) any expenses incurred by the person concerned

in generating that income,

and the term "excess pension" shall mean any pension

over the National Minimum Pension as indicated in

sub-paragraph (b);

(e) any amounts as referred to in paragraph 3(b) and (c) of

Part I of this Schedule;

(f)

any weekly allowance payable by any employer in

terms of the Weekly Allowance National Standard

Order;

(g) any benefit, income, privilege or grant accruing to any

member of the household under and in accordance

with the provisions of any of the Manpower Incentive

Schemes announced by the Government of Malta, for

the first twelve weeks of entitlement;

(h) any stipend received by any member of the household,

other than the head of household or the spouse of such

head of household during a full-time course of studies

or instruction under any scheme which is run by the

Government of Malta, whether involving or not

distinct work and study periods; and for this purpose

"stipend" shall not include any wage or other

remuneration which may be payable to the person

concerned during any work phase which may form part

of such a scheme;

(i)

contributions payable under this Act; and

(j)

the first €470 by way of earnings derived by any

person from the carrying out of hand knitting, lace

making, crochet and embroidery activities at home and

the manufacture of which does not involve any

mechanical processes.

5. For the purposes of this Part, "spouse" shall include such

person who, in the opinion of the Director, is living with the head

of household as if such person were the lawful wedded spouse of

the head of household, during any period in which Free Medical

Aid is being, or would be, accorded to the head of household under

the provisions of this Act.

6. With effect from 1st January 2018, where a person who is

divorced or is married but legally or de facto separated from the other

spouse proves to the satisfaction of the Director that he is paying an

amount of money to his spouse or to his former spouse as an integral

part of their separation or of their divorce, that amount of money shall

be deducted when the means of that person are calculated.

PART IV

Age Pension

1. In calculating the means for the purposes of article 66,

SOCIAL SECURITY

account shall be taken of any property including any settlement of

property in trust (excluding the house of residence), income or

privilege as is indicated in paragraph 1 of Part 1 of this Schedule;

and save as provided in paragraph 3 of this Part, where the limits

laid down in the proviso to paragraph 1(a) of Part I of this Schedule

are exceeded, the person making a claim for an Age Pension, as the

case may be, shall be deemed not to be entitled to such pension

Provided that in calculating the means in terms of this

paragraph, instead of the limits stipulated in the proviso to paragraph

1(a) of Part I, €16,000 in the case of a single or a widowed person or

€26,000 in the case of a married person shall be taken in the

calculation of means

Provided further that, with effect from 1st January 2022, in

the case of a person who has been in receipt of an Age Pension in

accordance with the provisions of article 66 for a period of five (5)

years or more and comes into possession of other property or assets

through inheritance, in lieu of the limits laid down in the first

proviso, shall instead be taken in the calculation of the capital

means the amount of thirty thousand euro (€30,000) in the case of a

single or widowed person, or the amount of fifty thousand euro

(€50,000) in the case of a married person. So however that, when

calculating the capital means in such cases, no account shall be

taken of

(a) a donation of a property by the beneficiary of the Age

Pension to a son or daughter, provided that such

property is being donated to the son or daughter in

order for the son or daughter to form his or her future

house of residence;

(b) a donation of part of the house of residence of the Age

Pension beneficiary to the son or daughter including

the space above such property, provided that such

donation is being made in order for the son or daughter

to form his or her future house of residence;

(c) a donation of up to a maximum of twenty thousand euro

(€20,000) to the son or daughter by the beneficiary of the

Age Pension, provided such donation is made in

accordance with the provisions of the laws of Malta.

2. The means accruing, or which could accrue, from any

property, income or privilege as is described under Part I of this

Schedule shall be calculated in the manner laid down in paragraphs

2 and 3 (with the exclusion of paragraph 3(a) and (d) of the said

Part I); so however that no account shall be taken of

(a) the first €385 of such means in the case of a married

couple; or

(b) the first €270 of such means in the case of a single or

widowed person; and

(c) any Medical Assistance, Supplementary Allowance,

Children’ s Allowance, Care Allowance, Disabled

Child Allowance or Maternity Benefit payable under

this Act; and

SOCIAL SECURITY

(d) any Increased Severe Disability Assistance, Severe

Disability Assistance, Assistance for the Visually

Impaired and Disability Assistance payable to the spouse

who is not the head of household; and

(e) the first €470 by way of earnings derived by any

person from the carrying out of hand knitting, lace

making, crochet and embroidery activities at home and

the manufacture of which does not involve any

mechanical processes.

3. Any such property or income that has to be taken into

account for the purposes of this Part in accordance with the

foregoing provisions of this Part shall include any property or

income which the person concerned had directly or indirectly

deprived himself of in order to become entitled to an Age Pension,

as the case may be, or to become so entitled at a more advantageous

rate; so however that where the income that the person concerned

had directly or indirectly deprived himself of is connected with

some other scheme of financial aid or subsidy for pensioners that is

run by the Government of Malta or on its behalf, the provisions of

this paragraph shall not apply in respect of such aid or subsidy.

4. In calculating the means of a married couple for the

purposes of awarding an Age Pension, account shall be taken of the

property including any settlement of property in trust (excluding

the house of residence) belonging to the couple or the income that

is being received or that could be received, by each of the couple

Provided that where there is no community of acquests

between them either because such community of acquests was

excluded by contract or because it was dissolved as a result of their

legal separation, account shall only be taken of the property

belonging to, or the income that is being received or that could be

received by each of the couple, so however that in the case where

such married couple is de facto separated, account shall be taken

of

(a) the property belonging to the community of acquests;

and

(b) only the income that is being received or that could be

received by the claimant

Provided further that each of the couple in respect of whom

the foregoing proviso applies shall be entitled to receive the rate

applicable to a single or widowed person in accordance with Part II

of the Sixth Schedule as abated by the weekly means attributable to

each one of them.

5. Where a person is divorced or is a married person who is

legally or de facto separated from the other spouse proves to the

satisfaction of the Director that any sum is being paid to that

person’s spouse or former spouse as an integral condition of their

separation or divorce, that sum shall be deducted when calculating

such person’s means.

PART V

SOCIAL SECURITY

Severe Disability Assistance, Disability Assistance and Assistance for

the Visually Impaired

(Deleted by VII.2022.41)

PART VI

Social Assistance

1A. In calculating the means for the purposes of article 30

account shall be taken of any property, income or privilege as

indicated in paragraph 1 of Part II of this Schedule; so however that

no account shall be taken of the first €470 by way of earnings

derived by any person from the carrying out of hand knitting, lace

making, crochet and embroidery activities at home, and the

manufacture of which does not involve any mechanical processes;

and where the limit laid down in the proviso to paragraph 1(a) of

Part II of this Schedule is exceeded, the person making a claim for

Social Assistance shall be deemed not to be entitled to such

assistance.

1B. In calculating the means for the purposes of article 30 no

account shall be taken of net earnings derived by a self-occupied

homeworker, as defined in article 2, if such net earnings do not exceed

35% of the National Minimum Wage as is applicable to persons of

eighteen years of age or over as established by a National Standard

Order issued under the Employment and Industrial Relations Act;

and where the limit laid down in the said proviso to paragraph 1(a) of

Part II of this Schedule is exceeded, the person making a claim for

Social Assistance shall be deemed not to be entitled to such assistance.

2. The means accruing or which accrue from any property,

income or privilege as is described under Part II of this Schedule

shall be calculated in the manner laid down in paragraphs 2 to 5 of

the said Part II; so however that notwithstanding the provisions of

paragraph 4(b) thereof, account shall be taken of any Social

Assistance and, or pension, if any, already being paid under this

Act to the same head of household and the spouse of such head of

household, if any, at the time when the claim for such assistance is

made.

3. In calculating the income or privilege which is, or could be

received or enjoyed by any member of the household, who is not

the head of household, as aforesaid in this Part, no account shall be

taken of the income from

(i)

a gainful activity; or

(ii) Unemployment Benefit.

PART VII

Children’s Allowance and Disabled Child Allowance

1. In calculating the means for the purposes of article 76

account shall be taken of the income derived from any property

including any settlement of property in trust, which is invested or

put to profitable use, excluding furniture, jewellery and other

personal effects and any income or privilege, including any

SOCIAL SECURITY

entitlement to benefit under a trust or in whose favour a discretion

to distribute property, including income or privilege held in trust

may be exercised, which is or could be received or enjoyed by the

head of household and the spouse of such head of household. For

this purpose, such privilege shall include any pre-tax profits,

whether distributed or not, held in any company or other

commercial enterprise of which the head of household and his or

her spouse are shareholders or owners, unless the Director is

satisfied that such pre-tax profits could not reasonably be made

available or enjoyed by the head of household and the spouse of

such head of household

Provided that any such income that has to be taken into

account for the purposes of this Part in accordance with the

foregoing provisions of this paragraph shall include any income or

privilege which the head of household and the spouse of such head

of household, as the case may be, and as aforesaid in this Part, had

directly or indirectly deprived himself of, or deprived themselves

of, in order to become entitled to an allowance or to become so

entitled at a more advantageous rate.

2. In calculating the income or privilege which is, or could be

received or enjoyed by the head of household and the spouse of

such head of household no account shall be taken of

(a) any allowance paid under articles 69, 76 and 77;

(b) any medical assistance paid under articles 20, 21 and

22;

(c) any injury grant or injury pension paid under article

29;

(d) any allowance paid to a widow or widower in terms of

the provisions of article 31;

(e) contributions paid under this Act as from the 1st

January, 1996; and

(f)

in the case of a first child, any income or privilege

which is received or enjoyed prior to the date of

marriage or the date of co-habitation, so however that

in the case of single parents the period of assessment

shall commence as from the first day of the month

preceding the date of birth of the child by nine months.

3. A head of household who is in receipt of social assistance

or of an age pension under this Act shall be deemed not to have any

means for the purposes of calculating any income in terms of this

Part.

4. (a) For the purposes of this Part the means taken for

income assessment purposes shall be those accruing

during the calendar year preceding the first Saturday in

July of the year in which the claim is made.

(b) Notwithstanding any change in circumstances such

means shall be deemed to satisfy the conditions of the

applicable scale rates in accordance with the

Fourteenth Schedule, up to the last Friday preceding

SOCIAL SECURITY

the first Saturday in July of the year following the

calendar year in respect of which such means were

taken for assessment purposes

Provided that in the event of the demise of the head of

household or the spouse of such head of household, the surviving

spouse or the person deemed to be so in terms of article 82(2) shall

be entitled to elect, if it is more beneficial to the surviving spouse

that for the purposes of this Part, the entitlement to an allowance of

the surviving spouse is re-assessed with effect from the first

Saturday following the demise of the spouse, and that such re-

assessment shall take into consideration only the current means and

income; so however that such request for a re-assessment may only

be made within six months from the date of the demise of the

spouse

Provided further that in the case of a person who is in

receipt of a pension (whether paid under this Act or not) and who is

not gainfully occupied, the yearly means taken for the purposes of

this Part shall be the current yearly means accruing to the head of

household and the spouse of such head of household

Provided further that in the case of a married couple where

any of the spouses is no longer gainfully occupied, the head of

household shall be entitled to elect, if it is more beneficial to him or

her, that for the purposes of this Part his or her entitlement to an

allowance is re-assessed with effect from the first Saturday

following the cessation from a gainful occupation of the other

spouse, and that such re-assessment shall take into consideration

only the current means and income of such household. So however

that such request for a re-assessment may only be made within six

months from the date of the cessation from such gainful occupation

by the spouse.

5. For the purposes of this Part "spouse" shall include such

person who, in the opinion of the Director, is living with the head

of household as if that person were the lawfully wedded spouse of

such head of household, during any period in which an allowance

under this Part is being, or could be, paid to the head of household

under the provisions of this Act.

PART VIII

Supplementary Allowance

1. In calculating the means for the purposes of article 73

account shall be taken of the income derived from any property

including any settlement of property in trust which is invested or

put to profitable use, excluding furniture, jewellery and other

personal effects, and any income or privilege which is received or

enjoyed by the head of household and the spouse of such head of

household, including any entitlement to benefit under a trust or in

whose favour a discretion to distribute property, including income

or privilege, held in trust may be exercised, if any.

2. In calculating the income or privilege which is or could be

received or enjoyed by the head of household and the spouse of

such head of household no account shall be taken of

SOCIAL SECURITY

(a) any medical assistance paid under articles 20, 21 and

22;

(b) any injury grant or injury pension paid under article

29;

(c) contributions paid under this Act; and

(d) 84.3% of the total net income or of any privilege, benefit

or allowance or of any excess pension which is being, or

could be, received or enjoyed by a member of the

household other than the head of household or the

spouse of such head of household, and for this purpose

the total net income, privilege, benefit, allowance or

excess pension shall be reduced by any income tax

payments made by the person concerned in accordance

with the Income Tax Act , and the term "excess pension"

shall mean any pension over the national minimum

pension, inclusive of the additional allowance,

according to claimant’s marital status as is specified in

the Twelfth Schedule

Provided that, the provisions of paragraph (d) do not

apply with effect from 1 st January 2020, or thereafter so

that from this date no part of such income is taken into

account.

3. A head of household who is in receipt of social assistance or

of an age pension under this Act shall be deemed not to have any

means for the purposes of calculating any income in terms of this

Part.

4. For the purposes of this Part in the case of a head of

household who is in receipt of a pension (whether paid under this Act

or not), any income, or any privilege, benefit or allowance derived by

any member, not being the head of household or the spouse of such

head of household shall not be taken into account.

5. (a) For the purposes of this Part, the means taken for

income assessment purposes shall be those accruing

during the calendar year preceding the first Saturday in

July of the year in which the claim is made.

(b) Notwithstanding any change in circumstances, such

means shall be deemed to continue to satisfy the

conditions of the applicable scale rates in accordance

with the Fourteenth Schedule to this Act, up to the last

Friday proceeding the first Saturday in July of the year

following the calendar year in respect of which such

means were taken for assessment purposes

Provided that in the event of the demise of the head of

household, the surviving spouse or the person deemed to be so in

terms of article 82(2), shall be entitled to elect, if it is more beneficial

to that person, that for the purposes of this Part entitlement to an

allowance is re-assessed with effect from the first Saturday following

the spouse’s demise and that such reassessment shall take into

consideration only the current means and income; so however that

such request for a re-assessment may only be made within six months

from the date of the demise of the spouse

Provided further that in the case of a person who is in receipt

of a pension (whether paid under this Act or not), and who is not

gainfully occupied, the yearly means taken for the purposes of this

Part shall be the current yearly means accruing to the head of

household and the spouse of such head of household, if any.

SOCIAL SECURITY

6. For the purposes of this Part "spouse" shall include such

person who, in the opinion of the Director, is living with the head of

household as if such person were the lawful wedded spouse of the

head of household, during any period in which a Supplementary

Allowance is being, or would be, accorded to the head of household

under the provisions of this Act.

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 3 Classes of insured persons. — SOCIAL SECURITY ACT Open official source

(1) Subject to the provisions of this Act, and save as

provided for in sub-article (2), every person who has passed his

sixteenth birthday, but not yet reached his retirement, shall become

insured under this Act either as an employed person, or as a self-

employed person or as a self-occupied person.

(2) With effect from 5th January, 2004, a married person who is

not legally separated or who has not been abandoned by his spouse

shall not be deemed to be a self-employed person

Provided that, with effect from the 3rd October, 2003, any

married person who is not legally separated or who has not been

abandoned by his spouse, and who prior to the 5th January, 2004

was deemed to be a self-employed person, shall, if he so elects,

continue to be considered as a self-employed person

Provided further that in the case of any married person who

SOCIAL SECURITY

is not legally separated or who has not been abandoned by his

s p ou s e an d w h o o n th e 4 t h J a n u a r y, 2 00 4 wa s i n i n s u r a b l e

employment and who after that date terminated his employment so

as to partake of an early retirement scheme, as may be approved by

the Minister responsible for finance, or is prior to the said date

recognized as such by the Director, such person shall, if he so

elects, be deemed to be a self-employed person if on his

termination from his employment he satisfies the minimum

contribution conditions required in terms of paragraph 2 of the

Eleventh Schedule, calculated from his eighteenth birthday up to

the date of his termination of his last employment.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Third Schedule — SOCIAL SECURITY ACT Open official source

Substituted by

XVI. 1990.51.

Amended by

(Articles 18, 28, 29, 30, 69)

XIII. 1991.43.

Substituted by

VIII. 1992.41.

Amended by

XXIV. 1993.16;

XXV. 1994.2,34.

Substituted by

XXVII. 1995.14;

XXI. 1996.59;

XXII. 1997.7;

L.N. 56 of 1999;

L.N. 84 of 1999;

L.N. 10 of 2000;

L.N. 21 of 2001;

L.N. 4 of 2002;

L.N. 422 of 2002;

L.N. 436 of 2003;

L.N. 100 of 2006;

L.N. 101 of 2006;

L.N. 318 of 2007;

L.N. 424 of 2007;

L.N. 149 of 2008;

L.N. 143 of 2009;

L.N. 437 of 2010;

L.N. 330 of 2011;

L.N. 342 of 2012;

L.N. 355 of 2013;

L.N. 62 of 2014;

L.N. 123 of 2015;

L.N. 309 of 2017;

L.N. 6 of 2018;

L.N. 195 of 2018;

L.N. 94 of 2019;

L.N. 251 of 2020;

L.N. 331 of 2021;

L.N. 232 of 2023;

L.N. 257 of 2023;

L.N. 10 of 2025.

PART I

Rates of Sickness, Unemployment, Special Unemployment and Injury Benefits, Injury

Grant and Injury Pension

Daily Rate of Benefit

A. Type of Benefit

A Single Parent or a

Any

Other

Married Person

Person

maintaining a Spouse who

is not employed on a full-

time basis

Sickness Benefit

€24.56

€15.91

Injury Benefit

€36.85

€27.73

SOCIAL SECURITY

B. Type of Benefit

Daily Rate of Benefit

The first thirty-six (36) days of unemployment are

paid at a rate of 60% of the person’s salary or

earnings

The following sixty (60) days of unemployment

are paid at a rate of 55% of the person’s salary or

earnings

Unemployment Benefit

During the last sixty (60) days of unemployment a

rate of 50% of the person's salary or earnings is

paid

Minimum rate calculated on one hundred per cent

(100%) of the National Minimum Wage

Maximum rate calculated on one hundred and

seventy-five per cent (175%) of the National

Minimum Wage

PART II

Amounts of Injury Grant

Degree of Disablement

Amount of Grant

%

€

293.23

583.36

879.52

1172.62

1465.65

1758.79

2051.93

2345.09

2638.24

2931.34

3224.45

3517.60

3810.73

4103.88

4396.93

4690.01

SOCIAL SECURITY

4983.18

5276.25

5569.42

PART III

Highest Rate of Injury Pension

Weekly Rate

€84.09

PART IV

Orphan’s Allowance

Weekly Rate

€74.70

PART V

Orphan’s Supplementary Allowance

Weekly Rate

€126.66

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 4 Extension of Class Two contributions. — SOCIAL SECURITY ACT Open official source

Subject to the provisions of this Act, a contribution paid

prior to the 3rd day of April, 1978, by a non-employed person

under the provisions of the National Insurance Act, as in force up to

that date, shall be deemed, for the purposes of this Act, to be a

contribution payable by a self-employed person who is not self-

occupied.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Fourth Schedule — SOCIAL SECURITY ACT Open official source

Substituted by

L.N. 342 of 2012.

( ARTICLE 28)

INDUSTRIAL DISEASES OR INJURIES

Description of disease or injury

Nature of Occupation

Poisoning by

Any occupation involving

1. Lead or a compound of lead

The use or handling of, or exposure to the

fumes, dust or vapour of, lead or a

compound of lead, or a substance

containing lead.

2. Manganese

or

a

compound

of

The use or handling of, exposure to the

manganese

fumes, dust or vapour of, manganese or a

compound of manganese, or a substance

containing manganese.

3. Phosphorus

or

phosphine

or

The use or handling of, or exposure to the

poisoning due to the anti-

fumes, dust or vapour of, phosphorus, or a

c h o l i n e s t e r a s e a c t i o n o f o rg a n i c

compound of phosphorus, or a substance

phosphorus compounds

containing phosphorus.

4. Arsenic or a compound of arsenic

The use or handling of, or exposure to the

fumes, dust or vapour of, arsenic, or a

substance containing arsenic.

5. Mercury or a compound of mercury

The use or handling of, or exposure to the

fumes, dust or vapour of, mercury or a

compound of mercury, or a substance

containing mercury.

6. Carbon bisulphide

The use or handling of, or exposure to the

fumes, or vapour of carbon bisulphide, or

a compound of carbon bisulphide, or a

substance containing carbon bisulphide.

7. Benzene or a homologue

The use or handling of, or exposure to the

fumes of, or vapour containing benzene

or any of its homologues.

8. A nitro- or amino- or chloro-

The use or handling of, or exposure to the

derivative of benzene, or of a

fumes of, dust or vapour containing, a

homologue of benzene, or poisoning

nitro- or amino- or chloro-derivative of

by nitrochlorobenzene

benzene or homologue of benzene or

nitrochlorobenzene.

9. Dinitrophenol or a homologue or by

The use or handling of, or exposure to the

substituted dinitrophenols or by the

fumes of, or vapour containing,

salts of such substances

dinitrophenol or a homologue or

substituted denitrophenol or the salts of

such substances.

10. A

halogen

derivative

of

a

The use or handling of, or exposure to the

hydrocarbon of the aliphatic series

fumes of, or vapour containing, a halogen

derivative of a hydrocarbon of the

aliphatic series.

SOCIAL SECURITY

11. Tri-cresyl phosphate

The use or handling of, or exposure to the

fumes of, or vapour containing, tri-cresyl

phosphate.

12. Tri-phenyl phosphate

The use or handling of, or exposure to the

fumes of, or vapour containing, triphenyl

phosphate.

13. Diethylene dioxide (dioxan)

The use or handling of, or exposure to the

fumes of, or vapour containing,

diethylene dioxide (dioxan).

14. Chlorinated naphthalene

The use or handling of, or exposure to the

fumes of, or dust or vapour containing,

chlorinated naphthalene.

15. Nickel carbonyl

Exposure to nickel carbonyl gas.

16. Nitrous fumes

The use or ha ndling of nitric ac id or

exposure to nitrous fumes.

17. Beryllium

or

a

compound

of

The use or handling of, or exposure to the

beryllium

fumes, dust or vapour of, beryllium or a

compound of beryllium, or a substance

containing beryllium.

18. Cadmium

Exposure to cadmium fumes.

19. Gonioma kamassi (African boxwood)

The manipulation of gonioma kamassi or

any process in or incidental to the

manufacture of articles therefrom.

20. Anthrax

The handling of wool, hair, bristles, hides

o r ski ns o r oth er an ima l p rod uc es o r

residues, or contact with animals infected

with anthrax, or the loading, unloading or

transport of merchandise.

21. Glanders

Contact with equine a nimals or their

carcasses.

22. (a) Infection

by

Leptospira

Work in places which are, or are liable to

ictorohaemorrhagiae

be, infested by rats.

(b) Infection by Leptospira canicola

Wo r k a t d o g k e n n e l s o r t h e c a r e o r

handling of dogs.

23. Tuberculosis

Close and frequent contact with a source

or sources of tuberculosis infection by

reason of employment -

SOCIAL SECURITY

(a) in the medical treatment or nursing of

a person or persons suffering from

tuberculosis, or in a service ancillary

to such treatment or nursing;

(b) in attendance upon a person or

persons suffering from tuberculosis,

where the need for such attendance

arises by reason of physical or mental

infirmity;

(c) as a research worker engaged in

research in connection with

tuberculosis;

(d) as a laboratory worker, pathologist or

person taking part in or assisting at

post-mortem examinations of human

remains where the occupation

involves working with material which

is a source of tuberculosis infection.

24. Brucellosis

Contact with bovine animals, sheep and

goats infected by brucella organisms,

their carcasses or parts thereof or their

untreated products, or with laboratory

specimens or vaccines of or containing

brucella organisms, by reason of

employment -

(a) as a farm worker;

(b) as a veterinary worker;

(c) as a slaughterhouse worker;

(d) as a laboratory worker; or

(e) in any other work relating to the care,

treatment, examination or handling of

such animals, carcasses or parts

thereof, or products including

untreated milk.

25. Heat cataract

Frequent or prolonged exposure to rays

from molten or red-hot material.

26. Decompression sickness

Subjection to compressed or rarefied air.

27. Subcutaneous cellulitis of the hand

Manual labour causing severe or

(Beat Hand)

prolonged friction or pressure on the

hand.

28. Bursitis or subcutaneous cellulitis

Manual labour causing severe or

arising at or about the knee due to

prolonged external friction or pressure at

severe or prolonged external friction

or about the knee.

or pressure at or about the knee (Beat

Knee)

SOCIAL SECURITY

29. Bursitis or subcutaneous cellulitis

Manual labour causing severe or

arising at or about the elbow due to

prolonged external friction or pressure at

severe or prolonged external friction

or about the elbow.

or pressure at or about the elbow

(Beat Elbow)

30. Traumatic inflammation of the ten-

Manual labour, or frequent or repeated

dons of the hand or forearm, or of the

movements of the hand or wrist.

associated tendon sheaths

31. Inflammation or ulceration of the

Exposure to dust, liquid or vapour.

mu c uo u s m e mb r a n e o f th e u p pe r

respiratory passages or mouth

produced by dust, liquid or vapour

32. Non-infective dermatitis of external

Exposure to dust, liquid or vapour or any

origin (including chrome ulceration

other external agent capable of irritating

of the skin but excluding dermatitis

the skin (including friction or heat but

due to ionising particles or

excluding ionising particles or

electromagnetic radiations other than

electromagnetic radiations other than

radiant heat)

radiant heat).

33. (a) Dystrophy

of

the

cornea

The use or handling of, or exposure to,

(including ulceration of the

arsenic, tar, pitch, bitumen, mineral oil

corneal surface) of the eye;

(including paraffin), soot or any

compound, product (including quinone or

(b) localised new growth of the skin,

hydroquinone), or residue of any of these

papillomatous of keratotic;

substances.

(c) squamous-celled carcinoma of

the skin,

due in any case to arsenic, tar, pitch,

bitumen, mineral oil (including

parafin), soot or any compound,

product (including quinone or

hydroquinone) or residue of any of

these substances

34. Inflammation,

ulceration

or

Exposure to electro-magnetic radiations

malignant disease of the skin or

other than radiant heat, or to ionising

subcutaneous tissues or of the bones,

particles.

or blood dyscrastia, or cataract, due

to electromagnetic radiation (other

than radiant heat), or to ionising

particles

35. (a) Carcinoma of the mucuous

Wo r k i n a f a c t o r y w h e r e n i c k e l i s

membrane of the nose or

produced by decomposition of a gaseous

associated air sinuses;

nickel compound which necessitates

working in or about a building or

(b) primary carcinoma of a bronchus

buildings where that process or any other

or of a lung

industrial process ancillary or incidental

thereto is carried on.

SOCIAL SECURITY

36. Primary neoplasm of the epithelial

(a) Work in a building in which any of the

lining of the urinary bladder

following substances is produced for

(Papilloma of the bladder), or of the

commercial purposes

epithelial lining of the renal pelvis or

(i) alpha-naphthylamine

or

of the epithelial lining of the ureter

betanaphtylamine;

(ii) diphenyl substituted by at least

one nitro or primary amino group

or by at least one micro and

primary amino group;

(iii) any of the substances mentioned

in sub paragraph (ii) above if

further ring substituted by

h a l o g e no , m e t h yl o r me t h o x y

groups, but not by other groups;

(iv) the salts of any of the substances

mentioned in sub-paragraphs (i)

to (iii) above;

(v) auramine or magenta;

(b) the use or handling of any of the

substances mentioned in sub

paragraphs (i) to (iv) of paragraph (a),

or work in a process in which any

such substance is used or handled or

is liberated;

(c) the maintenance or cleaning of any

plant or machinery used in any such

process as is mentioned in paragraph

(b), or the cleaning of clothing used in

any such building as is mentioned in

paragraph (a) if such clothing is

cleaned within the works of which the

building forms a part or in a laundry

maintained and used solely in

connection with such works.

37. Primary malignant neoplasm of the

(a) The working or handling of asbestos

mesothollum (diffuse mesothelioma)

or any admixture of asbestos;

of the pleura or of the peritoneum

(b) the manufacture or repair of asbestos

textiles or other articles containing or

composed of asbestos;

(c) the cleaning of any machinery or

plant used in any of the foregoing

operations and of any chambers,

fixtures and appliances for the

collection of asbestos dust;

(d) substantial exposure of the dust

arising from any of the foregoing

operations.

SOCIAL SECURITY

38. Pulmonary disease due to the

Exposure to the dust of mouldy hay or

inhalation of the dust of mouldy hay

other mouldy vegetable produce by

or of other mouldy vegetable

reason of employment

produce, and characterised by

(a) in agriculture or horticulture; or

symptoms and signs attributable to

(b) in loading or unloading or handling in

reaction in the peripheral part of the

storage such hay or other vegetable

broncho-pulmonary system, and

produce; or

giving rise to a defect in gas

exchange (Farmer’s lung)

(c) in handling bagasse.

39. Byssinosis

Work in any room where any process up

to and including the carding process is

performed in factories in which the

spinning or manipulation of raw or waste

cotton or flax is carried on.

40. Fibrosis of the lungs due to silica

Exposure to fibrogenic dust.

dust, asbestos dust or other

fibrogenic dust, including the

condition of the lungs known as dust

reticulation (Pneumoconiosis); and

silicotuberculosis provided that

sili cosis is an essential facto r in

causing the resultant incapacity or

death

41. Telegraphist’s cramp

The use of Morse key telegraphic

instruments for prolonged periods.

42. Writer’s cramp

Handwriting for prolonged periods.

43. Twister’s cramp

The twisting of cotton or woollen

(including worsted) yarn.

44. Typhoid

Close and frequent contact with a source

or sources of typhoid infection by reason

of employment -

(a) as a research worker engaged in

research in connection with typhoid;

(b) as a laboratory worker where the

occupation involves working with

material which is a typhoid infection.

45. Brachial Neuralgia

Prolonged operation of industrial

machinery involving the lifting, pushing

and retracting of heavy, thick or bulky

clothing material.

46. Siderosis

Condition caused by inhalation of fumes

or dust of metallic iron or iron oxide.

47. Conjuctival ailments

Conditions of the eye such as kerato-

conjuctivitis, photoretinitis caused by

exposure to ultraviolet radiation.

SOCIAL SECURITY

48. Diseases caused by atmospheric

Certain disorders are associated with

compression or decompression

spending time in a compressed

atmosphere and are directly due to

pressure itself, in response to changes of

the pressure or to inhalation of

compressed gas mixtures. Other disorders

occur during or after decompression.

These disorders affect professional divers

and those working in compressed air.

49. Angioneurotic diseases caused by

Vi b r a t i o n - i n d u c e d w h i t e f i n g e r s

mechanical vibration

(Raynaud’s phenomenon of occupational

origin): The disease is characterized by

attacks of vasoconstriction of the digital

arteries. Attacks can last for minutes to

hours and are more likely to occur with

exposure to the cold.

50. Diseases of the periarticular sacs due

Occupational diseases of the periarticular

to pressure

sacs caused by mechanical pressure are

called bursitis. Occupational bursitis may

be caused by trauma, chronic overuse,

pressure, friction, awkward posture. The

friction type of bursitis may be related to

excessive friction associated with specific

occupations, for example, prepatellar

bursitis is typical for home cleaners

(housemaids), carpet layers, roofers, coal

miners; olecranon bursitis - for

draughtsmen, engravers, polishers,

watchmakers; ischial bursitis – for

weaver (weaver’s bottom).

51. Bursitis of the shoulder

There are several bursae in the shoulder

region: the subacromial, the subdeltoid,

the subcoracoid, and the subscapular,

which, as their names imply, lay beneath

the acromion, deltoid, coracoid and

scapula, respectively. Although any of the

a b ov e m e n t i o n e d b u r s a e c a n b e c o m e

irritated, inflamed and painful as a result

of overuse of or trauma to the shoulder

region, the subacromial bursa is by far the

most frequently afflicted and often

occupational in origin.

52. Diseases due to overstraining of the

Condition caused by inflammation of the

peritendineum

peritendineum (the fibrous layer around

the tendon). This condition is common in

the wrist but may involve other tendons.

I t is c a u s e d b y p r o l o ng e d p e r i o d s o f

highly repetitive wrist/hand movements

such as meat cutting, fish filleting,

machine feeding, manual assembly, use of

hand-held tools. The use of force and

awkward position of the hand are

aggravating factors.

SOCIAL SECURITY

53. Miner’s nystagmus

Historical occupational disease associated

with poor lighting in underground work,

which involves problems in focusing.

Pendular or rotating nystagmus may be

accompanied by dizziness and headaches.

This condition occurs after years of

working in a poorly lit environment.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 5 Insurable employment. — SOCIAL SECURITY ACT Open official source

For the purposes of this Act, every employment specified

in Part I of the First Schedule to this Act, unless excepted under

Part II of that Schedule, shall be an insurable employment

Provided that, with effect from the 5th January 2013, the

provisions of this article shall also not apply where the disabled person

entered into marriage on or before the 6th of January 2007.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Fifth Schedule — SOCIAL SECURITY ACT Open official source

Amended by

XVI. 1990. 52;

[ARTICLES 20 AND 23]

XIII. 1991.44;

XXV. 1994.2,35.

PART I

Substituted by

L.N. 56 of 1999;

DISEASES AND CONDITIONS IN RESPECT OF WHICH L.N. 84 of 1999;

SICKNESS ASSISTANCE MAY BE PAYABLE

L.N. 62 of 2007.

Amended by

I. 2012.18;

L.N. 79 of 2014;

L.N. 302 of 2015;

IXV. 2017.39.

L.N. 44 of 2018;

L.N. 183 of 2019;

VIII.2020.34;

L.N. 307 of 2021;

L.N. 55 of 2023;

L.N. 56 of 2025;

IX.2025.31;

L.N. 282 of 2025.

1. Malignant Diseases

2. Cardiovascular Diseases

(a) congestive cardiac failure

(b) persistent hypertension with a diastolic reading above 110 if left

untreated

3. Endocrine

(a) Addison’s Disease

(b) Juvenile Diabetes Mellitus

(c) Enzyme deficiency disorders

4. Renal

(a) nephrotic syndrome

(b) chronic renal failure

5. Digestive system

(a) chronic peptic ulcer

(b) coeliac disease and idopathic steatorrhea

(c) Crohn’s Disease and ulcerative colitis

6. Diseases of the liver

(a) hepatic cirrhosis associated with ascites or neurological symptoms

(b) Wilson’s Disease

SOCIAL SECURITY

7. Chronic Schizophrenia

8. Infectious diseases

(a) H.I.V. positive.

9. Chronic lymphedema disease

10.Fibromyalgia

11. Myalgic Encephalomyelitis

12. Fibrous Dsyplasia

13. Miscellaneous

(a) serious bodily or mental impairment arising from Diabetes Mellitus

whether congenital or acquired

(b) all cases of diabetes.

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) Coronary Artery Disease

(d) Cardiac Arrhythmias

(e) Peripheral Vascular Disease

(f)

Cerebrovascular disease

(g) Genetic Dyslipidaemia

(h) Venous Thromboembolic Disease

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

SOCIAL SECURITY

(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

(t) Neuromyelitis Optica

(u) Muscular Dystrophy

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

SOCIAL SECURITY

(i)

Pituitary Adenomas

(j)

Benign Prostatic Enlargement

10. Skin diseases

(a) Psoriasis

(b) Chronic Immunobullous Disorders

(c) Congenital Ichthyosis

(d)

Hidradenitis Suppurativa

(e) Severe Refractory Atopic Dermatitis

(f)

Severe Chronic Urticaria

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) Spondyloarthritis

(h) Crystal Deposition Disease

(i)

Polymyalgia Rheumatica

(j)

Myalgic Encephalomyelitis

(k) Fibromyalgia

(l) Osteoporosis

13. Metabolic Disorders

(a) Inborn Errors of Metabolism

14. Eye diseases

(a) Glaucoma

(b) Vascular Disease of the Retina

(c) Non-Infectious Keratitis

15. Immunodeficiency

(a) Primary Immunodeficiency Disorder

(b) Secondary Immunodeficiency Disorder

SOCIAL SECURITY

16. Chromosome Disorders

(a) Down Syndrome

(b) Turner Syndrome

(c) Prader-Willi Syndrome

17. Gender Identity and Sex Characteristics Related Conditions

18. Life threatening allergic reactions

(a) Anaphylaxis

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 6 Persons who are deemed not to be self-employed. — SOCIAL SECURITY ACT Open official source

(1) For the purposes of this Act, a person who is not an

employed person shall also not be deemed to be a self-employed

person or a self-occupied person if such person is -

(a) (deleted by Act XI. 2003.3.)

(b) receiving full-time education or training in an

educational institution recognised by the Government

in terms of the Education Act, whether or not any form

of remuneration or allowance is being paid to him

during such time in direct or indirect relationship to

such education or training unless such remuneration is

being paid to him as a self-occupied person; or

(c) a person who was born before the 1st day of January,

1927, and who, prior to the 1st day of April, 1978, was

not liable to pay a contribution under the National

Insurance Act, as in force prior to the date of the

commencement of this Act, and who, at any time after

the said 1st day of April, 1978, was not self-occupied;

or

(d) with effect from the 5th January 2008, a person in receipt

of a pension (other than an Injury Pension) payable under

this Act and who is not gainfully occupied

Provided that a widow who, notwithstanding the

fact that she is still self-occupied, retains her right to

Widows’ Pension under this Act by virtue of sub-

article (2) of article 32 and article 41, shall,

nonetheless, be considered as a self-occupied person

SOCIAL SECURITY

for the purposes of this Act; or

(e) a person in excepted employment in terms of paragraph 8

of Part II of the First Schedule;

(f)

in receipt of Social Assistance payable under this Act.

(2) For the purposes of this Act where any of the categories of

persons mentioned in paragraphs (a), (b) and (e) of sub-article (1)

are self-occupied, such persons shall be considered as self-

occupied persons.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Sixth Schedule — SOCIAL SECURITY ACT Open official source

Substituted by

XIV. 1988.18.

(Articles 26, 27, 30, 66, 68, 90A, 93, 129)

Amended by

XVI. 1989.28.

Substituted by

XVI. 1990.53.

Amended by

XIII. 1991.45.

Substituted by

VIII. 1992.42.

Amended by

XXIV. 1993.17;

XXV. 1994.2,36;

XXVII. 1995.15.

Substituted by

XXI. 1996.60;

XXII. 1997.8;

L.N. 56 of 1999;

L.N. 84 of 1999;

L.N. 10 of 2000;

L.N. 21 of 2001;

L.N. 4 of 2002;

L.N. 422 of 2002;

L.N. 436 of 2003;

II. 2004.33;

L.N. 100 of 2006;

L.N. 101 of 2006;

L.N. 318 of 2007;

L.N. 424 of 2007;

L.N. 149 of 2008;

L.N. 143 of 2009;

L.N. 437 of 2010;

L.N. 330 of 2011;

L.N. 342 of 2012;

L.N. 355 of 2013;

L.N. 62 of 2014;

L.N. 123 of 2015;

XXXIX. 2015.12;

L.N. 309 of 2016.

Amended by

XVI. 2017.40.

Substituted by

L.N. 6 of 2018;

L.N.195 of 2018;

L.N. 94 of 2019;

L.N. 251 of 2020;

L.N. 331 of 2021;

L.N. 232 of 2023;

L.N. 257 of 2023;

L.N. 10 of 2025.

Amended by

IX.2025.32.

PART I

Scale Rates of Social Assistance per week inclusive of any measures under the

SOCIAL SECURITY

provisions of article 90A

A Household of ONE Eligible Member Only

€133.89

When the number of eligible members in the household exceeds the number

indicated in the above Table, the respective weekly rate indicated therein shall be

increased by €8.15 per week in respect of every other eligible member in that household

Provided that with effect from the 1 st January 2025, when the medical

panel arrives to a decision in accordance with the provisions of sub-article (4) of article

30, the respective weekly rate indicated therein shall be increased by €5.00 per week in

respect of every other eligible member in such household.

PART II

Highest Rate of Age Pension per week, inclusive of any increases under the provisions

of article 90A

Category of Pensioner

Highest Rate of Age

Pension per week

1. A married couple where both spouses

€181.56

qualify for a pension under article 66.

2. A married couple where only one of the

€135.18

spouses qualifies for a pension under article 66.

3. Widowed persons, single persons or a

married person whose spouse is in receipt of a State

Financed Residential Service in accordance with article

93. €148.79

PART III

Highest Rate of Increased Severe Disability Assistance, Severe Disability Assistance,

Disability Assistance and Assistance for the Visually Impaired per week, inclusive of

any increase under the provisions of article 90B

Increased Severe Disability Assistance

€192.19

Severe Disability Assistance

€124.66

Disability Assistance

€99.13

Assistance for the Visually Impaired

€124.66

PART IV

Highest Rate of Carer’s Allowance and Increased Carer’s Allowance per week,

SOCIAL SECURITY

inclusive of any increase under the provisions of article 90B

Highest Rate of Carer’s Allowance per week

€120.68

Highest Rate of Increased Carer’s Allowance per week

€173.78

PART V

House Rent

The rates in Parts I, II, III and IV shall be increased by €1.16 per week if the

household is paying rent for its normal place of habitation

Provided that when more than one household live within the same premises,

the rent allowance shall be paid only once and shall be paid to the head of household

responsible for the payment of such rent to third parties.

The ground rent payable by the household in respect of premises which are held in

emphyteusis for a period not exceeding twenty-five (25) years shall be deemed to be the

house rent for the purposes of this item if such premises are used exclusively by the

household and solely as a residence.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 7 Class One contributions and apportionment thereof. — SOCIAL SECURITY ACT Open official source

(1) For every person who is employed in insurable

employment, three contributions per week shall be payable, in

accordance with the provisions of this Act, one by the employed

person, one by his employer, and one out of the Consolidated Fund

Provided that for the purposes of this Act, a person who is

employed in more than one insurable employment shall be deemed

to be employed in that insurable employment which carries the

higher or highest basic wage or salary.

(2)

Subject to the provisions of this Act

(a) the weekly rates of contributions payable under this

Act by an employed person and by his employer

respectively shall be those specified in Part 1 of the

Tenth Schedule

Provided that, with effect from the 1st January 2007,

an employed person whose weekly basic earnings from

his employment are less than the equivalent of the

National Minimum Wage as is applicable to persons of

eighteen years of age or over as established by a

National Standard Order issued under the Employment

and Industrial Relations Act, shall have the right to

elect to pay a contribution at a rate of 10% of his

actual basic weekly wage instead of the category B

contribution in Part I of the Tenth Schedule payable by

the employed person, where applicable, sohowever that

with effect from 1st January 2018, the provisions of sub-

article (2)(a) shall only be applicable to part-time

employees whose weekly basic earnings from such part-

time employment do not exceed the National Minimum

Wage

Provided further that, and subject to the provisions of

this Act, with effect from 1st January 2022, an

employed person who is not in a full-time employment

but who has more than one (1) part-time employment,

shall have the right to elect to pay the Social Security

Contribution, in accordance with Part I of the Tenth

Schedule, on the income from all part-time

employments up to a maximum of forty (40) hours

work per week; and

(b) the contributions payable under this Act out of the

Consolidated Fund shall be 50% of the combined

weekly contributions paid by the employee and his

SOCIAL SECURITY

employer

So however that, where an employer binds himself

with Jobsplus, established under the Employment and

Training Services Act, to employ a person who is over

the age of forty years and who has been registering for

more than one year in the Register kept in accordance

with the provisions of the Employment and Training

Services Act, such employer shall be entitled to

retrieve from the said corporation a sum equivalent to

twenty-five per cent of the rate of contribution paid by

the employer, as his share in respect of such employee,

in accordance with Part I of the Tenth Schedule to this

Act.

(3) For the purposes of sub-article (2), where any insurable

employment is terminated with one employer during a particular

week and is commenced with another employer during that same

particular week, the contribution payable in respect of that week

shall be paid by the former employer.

(4) The sum to be contributed out of the Consolidated Fund

under this article and under article 10, shall be paid in such manner

as the Minister responsible for finance may, from time to time,

determine.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Seventh Schedule — SOCIAL SECURITY ACT Open official source

Amended by

XVI. 1989.29.

Substituted by

[ARTICLE 20]

VIII. 1992.43;

XXI. 1996.61;

XXII. 1997.9;

L.N. 56 of 1999;

L.N. 84 of 1999;

L.N. 424 of 2007;

L.N. 342 of 2012;

L.N. 355 of 2013;

L.N. 62 of 2014;

L.N. 123 of 2015;

L.N. 309 of 2016;

L.N. 6 of 2018;

L.N. 195 of 2018;

L.N. 94 of 2019;

VIII.2020.35;

L.N. 251 of 2020;

L.N. 331 of 2021;

L.N. 232 of 2023;

L.N. 257 of 2023;

L.N. 10 of 2025.

Scale Rates of Means governing Sickness Assistance

Number of persons in Household

Scale Rate

One person only

€22.00

SOCIAL SECURITY

When the number of members in the household is more than one, the weekly rate in

the above Table shall be increased by €8.15 per week in respect of every other member in

that household.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 8 Contributions by employed persons and employers. (Class One contributions). — SOCIAL SECURITY ACT Open official source

(1) The employer shall, in the first instance, be liable to

pay both the contribution payable by himself and also, on behalf of

and to the exclusion of the employed person, the contribution

payable by that person and, for the purposes of this Act,

contributions paid by the employer on behalf of the employed

person shall be deemed to be contributions paid by the employed

person.

(2) Notwithstanding any contract or agreement to the contrary,

an employer shall not be entitled to deduct from the wages or other

remuneration of any person employed by him, or otherwise to

recover from such a person the contribution payable by him in

respect of that person; and any employer who deducts or attempts

to deduct the whole or any part of the contribution payable by him

in respect of any such person from the wages or other remuneration

of that person, shall be guilty of an offence under this Act and shall

be liable, on conviction in respect of each such offence, to a fine

(multa).

(3) Where an employed person receives any wages or other

pecuniary remuneration from his employer, the amount of any

contribution paid by the employer on behalf of the employed

person shall, notwithstanding the provisions of any law or any

contract or agreement to the contrary, be recoverable by means of

deductions from the wages of that person or from any other

remuneration due from the employer to that person and not

otherwise

Provided that no such deduction may be made from any wages

or remuneration other than such as are paid wholly or partly in

respect of the contribution week or part of the contribution week

SOCIAL SECURITY

for which the contribution is payable.

(4) Where an employed person does not receive any wages or

other pecuniary remuneration from his employer but receives such

remuneration from some other person, the amount of any

contribution paid by the employer on behalf of the employed

person shall (without prejudice to any other means of recovery) be

recoverable by the said employer as a civil debt from the other

person from whom the employed person was receiving his wages or

other pecuniary remuneration provided proceedings for this

purpose are instituted within twelve months from the date on which

the contribution was payable.

(5) Notwithstanding the foregoing provisions of this article,

where an employer has failed or neglected to pay any Class One

contributions which he is liable to pay under this Act, upon the

lapse of the ten days referred to in article 116(2), and if the

employer concerned is still failing or neglecting to pay any current

contributions due under this Act, the Director may, by notice served

on the employer, and on any person employed by such employer,

direct that the contributions payable by such employed person shall

not, from such date as may be indicated in the notice, be withheld

and paid by the employer, and that thereupon such contributions

due after that date shall be payable directly by such employed

person to the Director in such manner and at such times as the

Director may determine.

(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.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Eighth Schedule — SOCIAL SECURITY ACT Open official source

Amended by

XVI. 1989.30;

[ARTICLE 23]

XVI. 1990.54.

Substituted by

XIII. 1991.46;

VIII. 1992.44.

Amended by

XXIV. 1993.18;

XXV. 1994.37;

XXVII. 1995.16.

Substituted by

XXI. 1996.62;

XXII. 1997.10;

L.N. 56 of 1999;

L.N. 84 of 1999;

L.N. 10 of 2000;

L.N. 21 of 2001;

L.N. 4 of 2002;

L.N. 422 of 2002;

L.N. 436 of 2003.

L.N. 100 of 2006;

L.N. 101 of 2006;

L.N. 318 of 2007;

L.N. 424 of 2007;

L.N. 149 of 2008;

L.N. 143 of 2009;

L.N. 437 of 2010;

L.N. 330 of 2011;

L.N. 342 of 2012;

L.N. 355 of 2013;

L.N. 62 of 2014;

L.N. 123 of 2015;

L.N. 309 of 2016;

L.N. 6 of 2018;

L.N.195 of 2018;

L.N. 94 of 2019;

L.N. 251 of 2020;

L.N. 331 of 2021;

L.N. 232 of 2023;

L.N. 257 of 2023;

L.N. 10 of 2025.

PART I

Scale Rate of Means governing Free Medical Aid when the head of household is

in insurable employment or self-occupied

Number of Persons in Household

Scale Rate

One person only

€187.96

Where the number of members in the household is more than one, the weekly rate

in the above Table shall be increased by €8.15 per week in respect of every other member

in that household.

PART II

SOCIAL SECURITY

Scale Rates of Means governing Free Medical Aid when the head of household is

neither in insurable employment nor self-occupied

Number of Persons in Household

Scale Rate

One person only

€27.37

Where the number of members in the household is more than one, the weekly rate

indicated above shall be increased by €8.15 per week in respect of every other

member in that household.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 9 Payment of Class One contributions. — SOCIAL SECURITY ACT Open official source

Every employer liable to pay any contribution in respect of

an employed person shall, unless with the approval of the Director

he has made other arrangements, pay in arrears at monthly intervals

at the Department of Inland Revenue, all contributions which are

payable by him under articles 7 and 8, within such time and in such

form and manner as may from time to time be determined by the

Director.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Ninth Schedule — SOCIAL SECURITY ACT Open official source

Amended by

XIV. 1988.19.

[Article 25]

Substituted by

XVI. 1990.55;

XIII. 1991.47;

VIII. 1992.45;

XXVII. 1995.17.

XXI. 1996.63.

XXII. 1997.11;

L.N. 56 of 1999;

L.N. 84 of 1999;

L.N. 10 of 2000;

L.N. 21 of 2001;

L.N. 4 of 2002;

L.N. 422 of 2002;

L.N. 436 of 2003;

L.N. 100 of 2006;

L.N. 101 of 2006;

L.N. 318 of 2007;

L.N. 424 of 2007;

L.N. 149 of 2008;

L.N. 143 of 2009;

L.N. 437 of 2010;

L.N. 330 of 2011;

L.N. 342 of 2012;

L.N. 62 of 2014;

L.N. 123 of 2015;

L.N. 309 of 2016;

L.N. 6 of 2018;

L.N.195 of 2018;

L.N. 94 of 2019;

L.N. 215 of 2020;

L.N. 331 of 2021;

L.N. 232 of 2023;

L.N. 257 of 2023;

L.N. 10 of 2025.

Amounts of Sickness Assistance, Milk Grant, Leprosy Assistance and Tuberculosis

Assistance

Type of Assistance

Weekly Rate

SOCIAL SECURITY

1. Sickness Assistance

(i)

in respect of the first member of the

€32.39

household;

(ii)

in respect of any other member of the same

€32.39

household.

2. Milk Grant

€28.20

3. Leprosy Assistance

(i)

in respect of the head of household who is

€42.52

a leper;

(ii)

in respect of any other member of the

household who is a leper and not gainfully occupied

€28.20

(a)

if under sixteen (16) years of age;

€42.52

(b)

if sixteen (16) years of age or over;

(iii) in respect of any other member of the

€28.20

household who is not gainfully occupied.

4. Tuberculosis Assistance

(i)

basic amount of tuberculosis assistance

€35.18

payable in respect of a household, one member of

which is affected by tuberculosis;

(ii)

allowance payable in respect of each

additional member of the household affected by, or

particularly vulnerable to, tuberculosis.

€24.94

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 10 Contributions by self-employed persons. (Class Two contributions). — SOCIAL SECURITY ACT Open official source

(1) Every self-employed or self-occupied person, unless

otherwise exempted under the provisions of this Act, shall pay a

contribution in accordance with the provisions of this Act.

(2) For every contribution payable by a self-employed or self-

occupied person under this Act, another contribution shall be

payable out of the Consolidated Fund.

(3) The rates of contributions payable under this Act by a self-

employed or self-occupied person shall be those specified in Part II

and Part III respectively of the Tenth Schedule to this Act for the

four months ending on the last day of April, August and December

of each year: except where the self-employed person concerned

had, up to the 3rd January, 1988, elected to pay a higher rate of

SOCIAL SECURITY

contribution than that which would otherwise have been payable by

him as aforesaid; sohowever that, such election shall, nonetheless,

cease to have effect from the 4th January, 1988.

(4) The contribution payable out of the Consolidated Fund

under this article shall be equivalent to 50% of the contribution

paid by the self-employed or self-occupied person concerned.

(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.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Tenth Schedule — SOCIAL SECURITY ACT Open official source

Amended by

XX. 1987.16.

[ARTICLES 7,10,16,17,116]

Substituted by

XVI. 1989.31;

XVI. 1990.56;

XIII. 1991.48;

RATES OF CONTRIBUTIONS

VIII. 1992.46;

XXIV. 1993.19;

XXV. 1994.38;

XXVII. 1995.18;

Part I

XXI. 1996.64;

XXII. 1997.12;

Class One Contributions

L.N. 56 of 1999;

(Employed Persons)

L.N. 84 of 1999;

L.N. 10 of 2000;

L.N. 21 of 2001;

L.N. 4 of 2002;

L.N. 422 of 2002;

L.N. 436 of 2003;

L.N. 100 of 2006;

L.N. 101 of 2006;

L.N. 318 of 2007;

L.N. 424 of 2007;

L.N. 149 of 2008;

L.N. 143 of 2009;

L.N. 437 of 2010;

L.N. 330 of 2011;

L.N. 117 of 2012;

L.N. 342 of 2012;

L.N. 355 of 2013;

L.N. 62 of 2014;

L.N. 123 of 2015;

L.N. 258 of 2015;

L.N. 309 of 2016;

L.N. 337 of 2016

L.N. 6 of 2018;

L.N.195 of 2018;

L.N. 94 of 2019;

L.N. 251 of 2020;

L.N. 331 of 2021;

L.N. 232 of 2023;

L.N. 257 of 2023;

L.N. 10 of 2025.

RATES OF CONTRIBUTIONS

PART I

Class One Contributions

(Employed Persons)

Weekly Rate of

Weekly Rate of

Cate-

Contribution

Type of Employed Persons

Contribution Payable

gory

Payable by the

by Employed Person

Employer

Persons under eighteen (18)

years of age whose basic

weekly wage or the weekly

A

€6.62

€6.62

equivalent of their basic

monthly salary does not exceed

€213.54.

SOCIAL SECURITY

€21.35, or if the insured

person is employed on a

part- time basis elects,

Persons over eighteen (18) years

10% calculated to the

of age whose basic weekly

nearest cent of such

B

wage or the weekly equivalent

person’s basic weekly

€21.35

of their basic monthly salary

wage or the weekly

does not exceed €213.54.

equivalent

of

such

person’s basic monthly

salary (Vide Note 1

below).

Persons born on 31 December

1961 or before whose basic

weekly wage or the weekly

10% calculated

equivalent of their basic

to the nearest

monthly salary exceeds €213.55

10% calculated to the

cent of their

but does not exceed €423.07.

nearest cent of their basic

basic

weekly

C

weekly wage or the

wage or the

Persons born on 1 January

weekly equivalent of their

weekly

1962 or after whose basic

basic monthly salary.

equivalent

of

weekly wage or the weekly

their

basic

equivalent of their basic

monthly salary.

monthly salary exceeds

€213.55 but does not exceed

€523.28 (Vide Note 2 below).

Persons born on 1 January

1962 or after whose basic

weekly wage or the weekly

€42.31

€42.31

equivalent of their basic

monthly salary exceeds

€532.29 (Vide Note 2 below).

D

Persons born on 1 January 1962

or after whose basic weekly

wage or the weekly equivalent

€53.23

€53.23

of their basic monthly salary

exceeds €515.99 (Vide Note 2

below).

SOCIAL SECURITY

10% calculated

to the nearest

Persons under eighteen (18) years

cent of the basic

of age who are following a full-

10% calculated to the

weekly

time course of studies or

nearest cent of the basic

remuneration or

instruction under the Student-

weekly remuneration or the

the

weekly

Worker Scheme, or other similar

weekly equivalent of their

equivalent

of

E

schemes (including the Extended

basic

monthly

their

basic

Skills Training Schemes, but

remuneration up to a

monthly

excluding the Worker-Student

maximum

rate

of

remuneration up

Schemes) involving distinct work

contribution of €4.38

to a maximum

and study periods for which they

rate

of

are receiving remuneration.

contribution of

€4.38

10% calculated

to the nearest

Persons over eighteen (18) years

cent of the basic

of age who are following a full-

10% calculated to the

weekly

time course of studies or

nearest cent of the basic

remuneration or

instruction under the Student-

weekly remuneration or the

the

weekly

Worker Scheme, or other similar

weekly equivalent of their

equivalent

of

F

schemes (including the Extended

basic

monthly

their

basic

Skills Training Schemes, but

remuneration up to a

monthly

excluding the Worker-Student

maximum

rate

of

remuneration up

Schemes) involving distinct work

contribution of €7.94.

to a maximum

and study periods for which they

rate

of

are receiving remuneration.

contribution of

€7.94.

Note 1: If the insured person elects to pay a contribution of 10% of a basic

wage or salary less than the weekly equivalent of the National Minimum Wage,

such contribution may, if the person qualifies for a contributory benefit or a

contributory pension, result in the payment of a reduced contributory benefit or

contributory pension.

Note 2: By virtue of the Social Security (Amendment) (No. 2) Act, 2006 and

the Notice of coming into force of the Social Security (Amendment) (No. 2) Act,

2006, through which the enacted pension reform entered into force, the pensionable

income for persons born on or after 1st January 1962, with effect from January

2024 is guaranteed at the amount of €27,679.09. Therefore, this is reflected in an

increase in the highest rate of payable contribution.

SOCIAL SECURITY

PART II

Class Two Contributions

(Self-Employed Persons)

Category Type of Self-Employed Persons

Weekly Rate of Contributions

payable by a self-employed person

Persons whose annual net

earnings (excluding Maternity

Benefit, Children’s Allowance

and any ex-gratia Benefit

payable under article 88)

during the calendar year

immediately preceding the

contribution year in which the

contribution is being paid

Exceeds € 1,005 but does

not exceed €10,567.92 (this

category is applicable only to

SP

€30.48

single persons who are not self-

occupied).

SA

Is less than €12,028.92.

€34.70

Persons born on 31 December

1961 or before whose annual

net income exceeds €12,028.92

but

does

not

exceed The weekly equivalent of 15% of

€22,000.00.

their annual income calculated to

Persons born on 1 January

SB

the nearest cent.

1962 or after whose annual net

income exceeds

€12,028.93 but does not exceed

€27,679.08.

Persons born on 31 December

1961 or before whose annual

€63.46

net

income

exceeds

€22,000.01.

Persons born on 1 January

SC

1962 or after whose annual net

€79.84

income exceeds €27,679.09

(Vide Note 1 below).

Note 1: By virtue of the Social Security (Amendment) (No. 2) Act, 2006 and

the Notice of coming into force of the Social Security (Amendment) (No. 2) Act,

2006, through which the enacted pension reform entered into force, the pensionable

income for persons born on or after 1st January 1962, with effect from January

2024 is guaranteed at the amount of €27,679.09. Therefore, this is reflected in an

increase in the highest rate of payable contribution.

SOCIAL SECURITY

PART III

Class Two Contributions

(Self-Occupied Persons)

Category

Type of Self-Occupied Persons

Weekly Rate of

Contributions payable by a

self-occupied person

Persons whose annual net earnings

(excluding Maternity Benefit, Children’s

Allowance and any ex-gratia Benefit

payable under article 88) during the

calendar year immediately preceding the

contribution year in which the

contribution is being paid

€34.70 or 15% of the

SA

Is less than €12,028.92.

annual net earnings if the

person is a part-time basis

self-occupied woman, a

full-time student who is a

part-time

basis

self-

occupied person, or a

pensioner who is a part-

time self-occupied person

whose annual net earnings

do not exceed €12,028.92

(Vide Note 1 below);

or

€23.13 if the person is a

full-time farmer or breeder

whose annual net earnings

do not exceed €12,028.92

Persons born on 31 December 1961 or

The weekly equivalent of

before whose annual net earnings exceeds

15% of their annual net

€12,028.93 but does not exceed €22,000.

earnings calculated to the

Persons born on 1 January 1962 or after nearest cent;

or

whose annual net earnings exceeds

SB

€12,028.93 but does not exceed €27,678.08. the weekly equivalent of

10% of the annual net

earning in the case of a full-

time farmer or breeder

SOCIAL SECURITY

Persons born on 31 December 1961 or

€63.46;

before whose annual net earnings exceeds

or

€22,000.01.

€42.31 in the case of a full-

time farmer or breeder.

SC

€79.84;

Persons born on 1 January 1962 or after

or

whose annual net earnings exceeds

€53.23 in the case of a full-

€27,679.09 (Vide Note 2 below).

time farmer or breeder.

Note 1: If the insured person elects to pay a contribution that is less than

€34.70 per week, such contribution may, if the person qualifies for a contributory

benefit or a contributory pension, result in the payment of a reduced contributory benefit

or contributory pension.

Note 2: By virtue of the Social Security (Amendment) (No. 2) Act, 2006 and

the Notice of coming into force of the Social Security (Amendment) (No. 2) Act,

2006, through which the enacted pension reform entered into force, the pensionable

income for persons born on or after 1st January 1962, with effect from January

2024 is guaranteed at the amount of €27,679.09. Therefore, this is reflected in an

increase in the highest rate of payable contribution.

PART IV

Maternity Leave Fund Contribution

(Employers)

Weekly Rate of

Category

Type of Employed Persons

Contribution Payable

by the Employer

Persons under eighteen (18) years of age

whose basic weekly wage or the weekly

A

€0.20

equivalent of their basic monthly salary

does not exceed €213.54.

Persons over eighteen (18) years of age

whose basic weekly wage or the weekly

B

€0.64

equivalent of their basic monthly salary

does not exceed €213.54.

Persons born on 31 December 1961 or

before whose basic weekly wage or the

weekly equivalent of their basic monthly

0.3% calculated to the

salary exceeds €213.55 but does not

nearest cent of their basic

exceed €423.07.

weekly wage or the

C

weekly equivalent of

Persons born on 1 January 1962 or after

their

basic

monthly

whose basic weekly wage or the weekly

salary

equivalent of their basic monthly salary

exceeds €213.55 but does not exceed

€532.28.

SOCIAL SECURITY

Persons born on 31 December 1961 or

before whose basic weekly wage or the

€1.27

weekly equivalent of their basic monthly

salary exceeds €423.08.

D

Persons born on 1 January 1962 or after

whose basic weekly wage or the weekly

€1.60

equivalent of their basic monthly salary

exceeds €532.29.

Persons under eighteen (18) years of age who

0.3% calculated to the

are following a full-time course of studies or

nearest cent of the basic

instruction under the Student-Worker

weekly remuneration or

Scheme, or other similar schemes (including

the weekly equivalent of

E

the Extended Skills Training Schemes, but

their

basic

monthly

excluding the Worker-Student Schemes)

remuneration up to a

involving distinct work and study periods for

maximum

rate

of

which they are receiving remuneration.

contribution of €0.13

Persons over eighteen (18) years of age who

0.3% calculated to the

are following a full-time course of studies or

nearest cent of the basic

instruction under the Student-Worker

weekly remuneration or

Scheme, or other similar schemes (including

the weekly equivalent of

F

the Extended Skills Training Schemes, but

their

basic

monthly

excluding the Worker-Student Schemes)

remuneration up to a

involving distinct work and study periods for

maximum

rate

of

which they are receiving remuneration

contribution of €0.24

CREDITED CONTRIBUTIONS

PART V

Study period

Level of studies *

Persons born between

Persons born on or after 1/

1/ 1/1952 and 31/12/

1/1962

Life-long learning

One month for every

One month for every year of

year of study

study

Level 5

Two months for every year

Three months for every year

of study

of study

Level 6

Three months for every

Six months for every year

year of study

of study

Level 7

Three months for every

Six months for every year

year of study

of study

Level 8

Six months for every

One year for every year of

year of study

study

*According to the Mutual Recognition of Qualifications Act (Chapter 451 of the

SOCIAL SECURITY

Laws of Malta).

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 11 Payment of Class Two contributions. — SOCIAL SECURITY ACT Open official source

Every self-employed or self-occupied person liable to pay

a Class Two contribution in accordance with article 10 shall, unless

with the approval of the Director he has made other arrangements,

pay his contributions in arrears at intervals of four months ending

on the last day of April, August and December of each year.

Payment shall be made at the Malta Tax and Customs Administration

in such form and manner as may from time to time be determined

by the Director.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Eleventh Schedule — SOCIAL SECURITY ACT Open official source

XVI. 1990.57;

VIII. 1992.47;

[ ARTICLE 17]

XXI. 1996.65;

XVIII.2021.25;

Contribution Conditions

1. The contribution conditions for Sickness Benefit or Unemployment Benefit

or Special Unemployment Benefit are -

(a) that the person concerned has paid not less than 50 contributions; and

(b) that he has paid or had credited to him not less than 20 contributions for

his last two consecutive complete contribution years before the

beginning of his benefit year which includes the date on which the

conditions are required to be satisfied.

2. The contribution conditions for a Widow’s Pension, a Retirement Pension,

an Increased Retirement Pension, a National Minimum Pension, or an Increased

National Minimum Pension are -

(a) that the person has paid not less than 156 contributions; and

(b) that the yearly average of contributions paid by or credited to him for

the period -

(i)(a) beginning on the first day of his contribution year in which the

7th May, 1956, falls, or on the first day of his contribution year in

which he reaches the age of nineteen, whichever is the later; or

(b) in respect of any person born on or after the 4th day of April,

1958, beginning on the first day of his contribution year in which

the 3rd day of April, 1977, falls, or on the first day of his

contribution year in which he reaches the age of eighteen,

whichever is the later; and

(ii) ending on the last day of his last complete contribution year

before the beginning of his benefit year which includes the day on

which the conditions are required to be satisfied,

is not less than 50

Provided that -

(a) a widow whose husband dies on or after the 22nd day of January, 1968,

shall be entitled to elect that, in determining whether her husband

satisfied the relevant contribution conditions at the date of his death, the

date 1st February, 1965, shall be substituted for the date 7th May, 1956;

and, if she so elects, no account shall be taken of any contributions paid

by her husband before the 1st day of February, 1965;

(b) a person who claims a Retirement Pension on or after the l8th day of

October 1971, or an Increased Retirement Pension or a National

SOCIAL SECURITY

Minimum Pension or an Increased National Minimum Pension on or

after the 1st April, 1978 shall be entitled to elect that, in determining

whether he satisfies the relevant contribution conditions, the date 1st

February, 1965 shall be substituted for the date 7th May, 1956; and if he

so elects, no account shall be taken of any contribution paid by him or,

if the claimant is a widow, paid by her husband before the 1st day of

February, 1965;

(c) where a person is in receipt of a Retirement Pension, an Increased

Retirement Pension or a National Minimum Pension or an Increased

National Minimum Pension in accordance with the provisions of this

Act, no account shall be taken on any subsequent claim of any

contribution which is paid in respect of any contribution week after the

date on which he started receiving the Retirement Pension, an Increased

Retirement Pension or a National Minimum Pension or an Increased

National Minimum Pension;

(d) with effect from the 1st January 2021, a person born before the 31st

December 1961, and is not eligible to the National Minimum Pension due

to the average of contributions paid after attaining the age of nineteen (19),

there shall be added the contributions paid prior to the attainment of age

nineteen (19), and if and when the minimum contribution requirements are

precisely reached, a reduced payment of the National Minimum Pension,

resulting from such minimum, is granted in accordance with the provisions

of this Act;

(e) with effect from 1st January 2022, in the case of a person not satisfying the

conditions of paragraphs (b) and (c) of article 52, and provided that, that

person in his life-time paid five hundred and twenty (520) social security

contributions or more, a payment equivalent to the resulting rate of the

National Minimum Pension as per provisions of paragraph (d) is to be

awarded;

(ea) with effect from the 1 st January 2026, the provisions of paragraphs (d) and

(e) shall also apply to a person born on or after 1st January 1962;

(f)

in the case of a person who does not reach the required minimum of social

security contributions required to satisfy the conditions as laid down in

paragraphs (d) or (e), due to lack of complete records of such payment of

social security contributions, notwithstanding that according to official

Jobsplus records show that the person was in insurable employment during

such periods but not after 31st December 1990, the person shall be granted

the option to ask to pay for those periods up to five (5) years of arrears of

social security contributions at the value of the SA rate payable by a self-

occupied person as per Part III of the Tenth Schedule during the year when

the claim is made.

3. The contribution conditions for an Invalidity Pension or an Increased

Invalidity Pension or a National Minimum Pension prior to reaching pension age

(a)

that the person has paid not less than two hundred and fifty contributions,

notwithstanding the provisions of this schedule provided that with effect

from 1st January 2018, the minimum number of contributions required for a

person who is medically certified as terminally-ill shall be fifty contributions

only; and

(b) that the yearly average of contributions paid by or credited to him for

SOCIAL SECURITY

the period -

(i)(a) beginning on the first day of his contribution year in which the 1st

day of February, 1965, falls, or on the first day of his contribution

year in which he reaches the age of nineteen, whichever is the

later; or

(b) in respect of any person born on or after the 4th day of April,

1958, beginning on the first day of his contribution year in which

the 3rd day of April, 1977, falls, or on the first day of his

contribution year in which he reaches the age of eighteen,

whichever is the later; and

(ii) ending on the last day of his last complete contribution year

before the beginning of his benefit year which includes the day on

which the conditions are required to be satisfied,

is not less than 50.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 12 Exemption from payment of Class Two contributions. — SOCIAL SECURITY ACT Open official source

(1) A self-employed person who satisfies the Director that

he is not self-occupied and whose yearly means calculated in

accordance with the provisions of Part I of the Second Schedule to

this Act, do not exceed -

(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

(ii) €1,005 in the case of any other person;

shall be entitled, on making an application to the Director, to

receive a certificate of low income valid for twelve months and

while he holds such a certificate, and as long as there is no relevant

change in circumstances, he shall be exempted from the payment of

Class Two contributions. So however, that such self-employed

person may opt to pay a Class Two contribution at the SP category

in the case of a single person, and at the SA category in the case of

a married person, in lieu of a certificate of low income.

(2) If a person in respect of whom sub-article (1) applies is a

married person who is legally separated and who is not gainfully

occupied, then such person may opt to have any maintenance paid

to him by the other spouse excluded from the calculation of means

made in accordance with the provisions of Part I of the Second

Schedule.

(3) If a person in respect of whom sub-article (1) applies fails

to renew such certificate within three months of its expiry, such

person may, at the discretion of the Director, become liable to pay a

Class Two contribution at the SP category in the case of a single

person, and at the SA category in the case of a married person,

SOCIAL SECURITY

payable within such time as may be fixed by the Director.

(4) A self-occupied person who, in accordance with the

provisions of this Act, is liable to pay a Class Two contribution on

his net earnings may, if such person so elects, be exempted from the

payment of a Class Two contribution on earnings derived from the

provision of services as a host family

Provided that for the purposes of this sub-article, the term

''host family'' shall have the meaning assigned to it by the Host

Family Accommodation Regulations made by virtue of the Malta

Travel and Tourism Services Act.

(5) A self-occupied homeworker as defined in article 2 who, in

accordance with the provisions of this Act, is liable to pay a Class Two

contribution as a self-occupied person on his net earnings may, if such

person so elects, be exempted from the payment of a Class Two

contribution on earnings derived if such net earnings do not exceed

50% of the National Minimum Wage as is applicable to persons of

eighteen years of age or over as established by a National Standard

Order issued under the Employment and Industrial Relations Act.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Twelfth Schedule — SOCIAL SECURITY ACT Open official source

[ARTICLES 17, 26, 29, 31, 33, 40, 44, 50, 54, 63, 64, 67, 85,

90A]

Rates of several kinds of pension

Full Rates of Retirement Pension per week, inclusive of any increases

under the provisions of article 90A, when the yearly average of contributions paid or

SOCIAL SECURITY

credited is 50 or more

Persons who are also in receipt of

Persons who are also in receipt of

a Service Pension that is not payable

a Service Pension that is payable by

by or on behalf of the Government of

or on behalf of the Government of

the United Kingdom

the

United Kingdom

Married person

Any

Married person

Any

who is

who is

other

other

maintaining a

maintaining a

person

person

spouse

spouse

€155.96

€135.71

€150.23

€133.11

B.

Full Rates of Increased Retirement Pension, Invalidity Pension, Increased

Invalidity Pension, National Minimum Pension and Increased National Minimum

Pension per week, inclusive of any increases under the provisions of article 90A, when

the yearly average of contributions paid or credited is 50 or more

Type of Pension

Married person who is

Any

maintaining a spouse

other

person

Increased Retirement Pension

€190.50

€166.07

Invalidity Pension

€137.99

€124.84

Increased Invalidity Pension

€172.26

€148.97

National Minimum Pension*

€182.04

€147.61

Increased National Minimum

€190.50

€166.07

Pension

*The full rates of the National Minimum Pension are calculated at four-fifths (to

the nearest whole cent) of the National Minimum Wage in the case of a married person

who is maintaining a spouse and at two-thirds (to the nearest whole cent of the National

Minimum Wage) in the case of any other person, as provided for in article 50.

C.

Guaranteed Minimum Level per week when the yearly average of paid or

credited contributions is not less than 50

Married person

Single person

€198.50*

€194.50*

*The amounts include the weekly pension rate and the cost of living bonus.

SOCIAL SECURITY

D.

Reduced Rates of Retirement Pension, Increased Retirement Pension,

Invalidity Pension, Increased Invalidity Pension, National Minimum Pension and

Increased National Minimum Pension per week, inclusive of any increases under the

provisions of article 90A, when the yearly average of contributions paid or credited is

between 20 and 49

Yearly average of contributions

Rate of pension payable per week

paid or credited

(calculated to the nearest whole cent)

40 - <50

[{FAP - INC} x 0.89] + INC

30 - <40

[{FAP - INC} x 0.69] + INC

20 - <30

[{FAP - INC} x 0.49] + INC

For the purposes of the above Table, "FAP" means the full rate of the applicable

weekly rate of pension in accordance with Tables A or B, as the case may be, and "INC"

means all increases granted in accordance with article 90A with effect from 1st January,

1994 and subsequent years.

E.

Increased National Minimum Invalidity Pension rates under article 26

due where the highest rate of impairment according to the Impairment Tables

Regulations is awarded by the Director following consultation on the medical aspect of

the claim in accordance with the provisions of article 106 and with annual average of

paid or credited contributions

Annual averge paid or

Increased National Minimum

credited contributions

Invalidity Pension weekly

rates

> 50

€198.90

40 - 49

€189.22

30 - 39

€174.69

20 – 29

€160.16

F.

Guaranteed Minimum Pension Level per week including cost of living

bonuses and any other increase in accordance with article 90A, when the yearly

average of paid or credited contributions is between 20 and 49

Yearly average of contributions

Guaranteed Minimim Level per

week (calculated to the nearest

paid or credited

cent)

40 - <50

LMG x 0.94

SOCIAL SECURITY

30 - <40

LMG x 0.85

20 - <30

LMG x 0.76

For the purposes of the table above, "LMG" means the full rate of the

Guaranteed Minimum Level including the weekly cost of living bonus in accordance

with Table C.

G.

Rates of National Minimum Pension Additional Allowance per week

Yearly average of

Married person who is

Any other person

contributions paid or

maintaining a spouse

credited

50 (full rate)

€4.78

€7.43

40 - <50

€4.26

€8.57

30 - <40

€3.31

€10.72

20 - <30

€5.64

€12.81

H.

(i)

Reduced Rates of Widows’ Pension per week, inclusive of any

increases under the provisions of article 90A, when the yearly average of contributions

paid or credited is between 20 and 49

Yearly average of contributions

Rate of pension payable per week

paid or credited

(calculated to the nearest whole cent)

40 - <50

[{FWP - (INC + €17.77)} x 0.89] + INC +

€17.77

30 - <40

[{FWP - (INC + €17.77)} x 0.69] + INC +

€17.77

20 - <30

[{FWP - (INC + €17.77)} x 0.49] + INC

+€17.77

For the purposes of the above Table "FWP" means the full rate of Widow’s

Pension in accordance with Table C and "INC" means all increases granted in terms of

article 90A with effect from 1st January 1994 and subsequent years; whilst the amount

of €17.77 represents the weekly rate of Widow’s Supplementary Pension which up to the

year 1990 was payable to widows who were in receipt of a Widow’s Pension irrespective

of the yearly average of contributions paid or credited, which weekly amount was, with

effect from the year 1991, incorporated with the rates payable by way of a Widow’s

Pension.

SOCIAL SECURITY

(ii)

With effect from year 2022, reduced rates of Widows’ Pension are to

increase with the ratios from 5/6th to 6/6th as indicated

Year

Ratio

0.57406

0.59257

0.61111

Rate of Parent’s Pension per week, inclusive of any increase under

the provisions of article 90A

Married person who is maintaining a

Any other person

spouse

€182.04

€147.61

Rate of Widows’ and Survivors’ Pensions Additional Allowance per

When a widow or widower is

Where widow or widower is entitled to

entitled to an allowance under

an allowance under article 31(b)

article 31(a)

€10.00

€10.00

Highest Rate per week of a Two-Thirds Pension

Person who qualified for the highest

rate of Two-Thirds Pension prior

Any other person

to 2006

€282.05

€281.64

The Cost of Living Bonus

Pensioner category

In the case of a married

Any other person

person maintaining a

spouse and who was in

receipt of a National

Minimum Pension on or

before 31 December 2017

For pensioners whose pension

initial award date is prior to 3rd

€17.43 per week

€21.53 per week

January 2009

SOCIAL SECURITY

For pensioners whose pension

initial award date falls between

€17.08 per week

€20.71 per week

3rd January 2009 and 31st

December 2009

For pensioners whose pension

initial award date falls between

€16.60 per week

€19.69 per week

2nd January 2010 and 31st

December 2010

For pensioners whose pension

initial award date falls between

€15.91 per week

€18.22 per week

1st January 2011 and 31st

December 2011

For pensioners whose pension

initial award date falls between

€15.81 per week

€17.96 per week

1st January 2012 and 31st

December 2012

For pensioners whose pension

initial award date falls between

€15.27 per week

€16.80 per week

1st January 2013 and 31st

December 2013

For pensioners whose pension

initial award date falls between

€14.79 per week

€15.78 per week

1st January 2014 and 31st

December 2014

For pensioners whose pension

initial award date falls between

€14.39 per week

€14.92 per week

1st January 2015 and 31st

December 2015

For pensioners whose pension

initial award date falls between

€14.35 per week

€14.81 per week

1st January 2016 and 31st

December 2016

For pensioners whose pension

initial award date falls between

€14.08 per week

€14.41 per week

1st January 2017 and 31st

December 2017

For pensioners whose pension

initial award date falls between

€14.05 per week

€14.05 per week

1st January 2018 and 31st

December 2018

SOCIAL SECURITY

For pensioners whose pension

initial award date falls between

€13.68 per week

€13.68 per week

1st January 2019 and 31st

December 2019

For pensioners whose pension

initial award date falls between

€13.17 per week

€13.17 per week

1st January 2020 and 31st

December 2024

Grant to Persons who do not qualify for a Contributory Pension

50 -

100 - 150 - 200 - 250 -

- 400 -

-

Contributions

€550

€600

€650

€700

€800

€850

€900

€950

€1000

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 13 Payment of the Class One contribution by persons employed outside Malta. — SOCIAL SECURITY ACT Open official source

(1) A person who -

(a) is employed under a contract of service outside Malta

in such manner that he is not in insurable employment,

and

(b) retains his ordinary residence in Malta,

may, at his request and with effect from such date, not being later

than the date of such request, as the Director may determine,

instead of paying a Class Two contribution, pay a Class One

contribution; and, for this purpose, no contribution shall be payable

by or on behalf of or in respect of his employer.

(2) The contribution payable under sub-article (1) of the article

shall be paid in the same form and manner and at the same intervals

as for contributions payable by self-employed persons in

accordance with article 11; and such contributions shall remain

payable in respect of any period during which the conditions

specified in sub-article (1)(a) and (b), continue to apply.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Thirteenth Schedule — SOCIAL SECURITY ACT Open official source

XXVII. 1995.20;

[A RTICLE 2]

XXI. 1996.67;

XIX. 2006.16;

L.N. 424 of 2007;

Calculation of the Pensionable Income

(1)

In the case of a person -

(a) born on or before the 31st December 1951 who is to be treated as an

employed person, the yearly average of the basic wage or salary during

the best three consecutive calendar years within the last ten consecutive

calendar years immediately preceding his retirement or invalidity in

terms of this Act, as the case may be; or

(b) born during the calendar years 1952 to 1955 who is to be treated as an

employed person, the yearly average of the basic wage or salary during

the best three consecutive calendar years within the last eleven

consecutive calendar years immediately preceding his retirement or

invalidity in terms of this Act, as the case may be; or

(c) born during the calendar years 1956 to 1958 who is to be treated as an

employed person, the yearly average of the basic wage or salary during

the best three consecutive calendar years within the last twelve

consecutive calendar years immediately preceding his retirement or

invalidity in terms of this Act, as the case may be; or

(d) born during the calendar years 1959 to 1961 who is to be treated as an

employed person, the yearly average of the basic wage or salary during

SOCIAL SECURITY

the best three consecutive calendar years within the last thirteen

consecutive calendar years immediately preceding his retirement or

invalidity in terms of this Act, as the case may be,

on which the required contribution had been paid or deemed to have been paid in

terms of this Act or, if he has been in employment for less than three consecutive

calendar years within the said last ten, eleven, twelve or thirteen calendar years, as

applicable in terms of this paragraph, during any such number of consecutive

calendar months as may be the best in his case within the said period, as may be

increased by the applicable wage increases required by law to be awarded generally

in respect of each subsequent year of each of the said last ten, eleven, twelve or

thirteen years, as applicable.

(2)

In the case of a person -

(a) born on or before the 31st December 1951 who is to be treated as a self-

employed person, the yearly average of his net income on which the

required contribution has been paid during the last ten calendar years, or

part thereof if he has not been in self-employment for the whole said ten

year period, immediately preceding his retirement or invalidity in terms

of this Act, as the case may be; or

(b) born during the calendar years 1952 to 1955 who is to be treated as a

self-employed person, the yearly average of his net income on which the

required contribution has been paid during the best ten consecutive

calendar years of the last eleven calendar years, or part thereof if he has

not been in self-employment for the whole said eleven year period,

immediately preceding his retirement or invalidity in terms of this Act,

as the case may be; or

(c) born during the calendar years 1956 to 1958 who is to be treated as a

self-employed person, the yearly average of his net income on which the

required contribution has been paid during the best ten consecutive

calendar years of the last twelve calendar years, or part thereof if he has

not been in self-employment for the whole said twelve year period,

immediately preceding his retirement or invalidity in terms of this Act,

as the case may be; or

(d) born during the calendar years 1959 to 1961 who is to be treated as a

self-employed person, the yearly average of his net income on which the

required contribution has been paid during the best ten consecutive

calendar years of the last thirteen calendar years, or part thereof if he

has not been in self-employment for the whole said thirteen year period,

immediately preceding his retirement or invalidity in terms of this Act,

as the case may be,

as may be increased by the applicable wage increases required by law to be awarded

generally, as long as each such increase is less than the net increase obtaining from

year to year between one net income and another in respect of each subsequent year

of each of the said last ten, eleven, twelve or thirteen calendar years, as applicable in

terms of this paragraph, or part thereof during which he was in self-employment;

sohowever that, where during the said last ten, eleven, twelve or thirteen calendar

years he had paid a contribution on a net income that was higher than that actually

received, the net income taken for the purposes of this calculation in respect of any

such particular calendar year shall be the higher of such net income.

(3)

In the case of a person -

(a) born on or before the 31st December 1951 who is to be treated as a self-

SOCIAL SECURITY

occupied person, the yearly average of his net earnings on which the

required contribution has been paid during the last ten calendar years, or

part thereof if he has not been in self-occupation for the whole said ten

year period, immediately preceding his retirement or invalidity in terms

of this Act, as the case may be; or

(b) born during the calendar years 1952 to 1955 who is to be treated as a

self-occupied person, the yearly average of his net earnings on which

the required contribution has been paid during the best ten consecutive

calendar years of the last eleven calendar years, or part thereof if he has

not been in self-occupation for the whole said eleven year period,

immediately preceding his retirement or invalidity in terms of this Act,

as the case may be; or

(c) born during the calendar years 1956 to 1958 who is to be treated as a

self-occupied person, the yearly average of his net earnings on which

the required contribution has been paid during the best ten consecutive

calendar years of the last twelve calendar years, or part thereof if he has

not been in self-occupation for the whole said twelve year period,

immediately preceding his retirement or invalidity in terms of this Act,

as the case may be; or

(d) born during the calendar years 1959 to 1961 who is to be treated as a

self-occupied person, the yearly average of his net earnings on which

the required contribution has been paid during the best ten consecutive

calendar years of the last thirteen calendar years, or part thereof if he

has not been in self-occupation for the whole said thirteen year period,

immediately preceding his retirement or invalidity in terms of this Act,

as the case may be,

as may be increased by the applicable wage increases required by law to be awarded

generally, as long as each such increase is less than the net increase obtaining from

year to year between one net earning and another in respect of each subsequent year

of each of the said ten, eleven, twelve or thirteen calendar years, as applicable in

terms of this paragraph, or part thereof during which he was in self-occupation.

Sohowever that for the purposes of this paragraph, in the case of a person who prior

to the 1st January 1996, was a gainfully occupied self-employed person, his annual

net income for each calendar year prior to the aforementioned date shall be deemed

to be as if it were his net earnings.

(4) In the case of a person born during the calendar years 1962 to 1968 the yearly

average of the basic wage or salary, or the net income or the net earnings, as the case

may be, during the best ten calendar years within the last forty calendar years

immediately preceding his retirement or invalidity in terms of this Act, as the case

may be, on which the required contribution has been paid or deemed to have been

paid in terms of this Act or if he has been in employment or self-employment or has

been self-occupied for less than ten calendar years within the last forty calendar

years, during any such number of calendar months as may be the best in his case

within the said last forty calendar years, as may be increased by the applicable wage

increases required by law to be awarded generally in respect of each subsequent year

of each of the said last forty calendar years

Provided that for the purposes of this paragraph, in the case of a self-

occupied person who prior to the 1st January 1996, was a gainfully occupied self-

employed person, his annual net income for each calendar year prior to the

aforementioned date shall be deemed to be as if it were his net earnings.

(5)

In the case of a person born on or after the 1st January 1969 the yearly

SOCIAL SECURITY

average of the basic wage or salary, or the net income or the net earnings, as the case

may be, during the best ten calendar years within the last forty one calendar years

immediately preceding his retirement or invalidity in terms of this Act, as the case

may be, on which the required contribution has been paid or deemed to have been

paid in terms of this Act or if he has been in employment or self-employment or has

been self-occupied for less than ten calendar years within the last forty one calendar

years, during any such number of calendar months as may be the best in his case

within the said last forty one calendar years, as may be increased by the applicable

wage increases required by law to be awarded generally in respect of each

subsequent year of each of the said last forty-one calendar years

Provided that for the purposes of this paragraph, in the case of a self-occupied

person who prior to the 1st January 1996, was a gainfully occupied self-employed

person, his annual net income for each calendar year prior to the aforementioned

date shall be deemed to be as if it were his net earnings.

(6) Provided that, with effect from the 1 st January 2020, the pensionable income of

an ex member of the Malta Police Force, the Armed Forces of Malta, the Civil Protection

Department of Malta or of the Corradino Correctional Facility, born before the 1 st

January 1962, who retires or has retired from the service with a full Government pension

as his main pension, on completion of at least twenty-five (25) years of service prior to

reaching pension age and who is accordingly granted a service pension, and who later

becomes entitled to a pension in respect of retirement or invalidity in accordance with

this Act, shall be that specified in this Thirteenth Schedule, or the pensionable income

which would have otherwise resulted in accordance with the provisions of this Act, if

that person's last day of employment, after that person would have accepted the

arrangement to retire from service, had been the date of retirement from the service or

the date of invalidity, whichever pensionable income is the higher.

(7) (a) For the purposes of this Act, in the case of a person born on or before the

31st December 1961 whose retirement occurs on or after the 1st January 2007, the

basic wage or salary or the net income or the net earnings as the case may be, and the

resultant pensionable income or any amount substituted therefor under the

provisions of this Act shall not exceed €16,207.78 increased by such sum that the

Government may award as a cost of living increase, in the rate of the National

Minimum Wage as is payable to persons of eighteen years of age or over under the

provisions of the Employment and Industrial Relations Act, hereinafter in this

paragraph referred to as the "cost of living increase" as from the effective date of

such increase

Provided that in the case of a person born on or before the 31st December

1951, the resultant pensionable income including any such cost of living increase shall

not exceed the sum of €17,470.30

Provided further that in the case of a person born during calendar years

1952 to 1961, the resultant pensionable income including any such cost of living

increase shall not exceed the sum of €20,964.36

Provided that, notwithstanding the provisions of this sub-item, with effect

from the 1 st of January 2024, in the case of a person born on or before the 31 st of

December 1961, the pensionable income shall increase gradually to reach the

pensionable income of a person born on or after the 1 st of January 1962. The resultant

calculated pensionable income for the year 2024 shall not exceed the sum of €22,000

Provided that, notwithstanding the provisions of this item, with effect

SOCIAL SECURITY

from 1st of January 2025, in the case of a person born on or before 31st of December

1961, the maximum pensionable income shall increase gradually to reach the maximum

pensionable income of a person born on or after 1st of January 1962. The resultant

calculated maximum pensionable income for the year 2025 shall not exceed the sum of

€23,500

Provided further that notwithstanding the provisions of this item, in the

case of a person born on, or before 31st of December 1961, on the basis of the fact that

the maximum pensionable income of such a person shall increase gradually to reach the

maximum pensionable income of a person born on, or after 1st of January 1962, with

effect from 1st of January 2026 the pensionable income of a person born on, or before

the 31st of December 1961 shall not exceed the sum of €25,500.

(b)

For the purposes of this Act, in the case of a person born on or

after the 1st January 1962 whose retirement occurs on or after the 1st January 2007, the

basic wage or salary or the net income or the net earnings as the case may be, and the

resultant pensionable income or any amount substituted therefor under the provisions of

this Act shall not exceed

(i)

€16,207.78 increased by such sum that the Government awards as a cost

of living increase, in respect of the years 2007 to 2010 as from the

effective dates of such increases;

(ii) the sum referred to in paragraph (i) increased as on the 1st January of

each year, between 2011 and 2013 by one third of the difference

between the sum referred to in paragraph (i) and €20,964.36;

(iii) with effect from the 1st January 2014, €20,964.36 increased annually by such

sum as corresponds to seventy percent of the percentage increase in the

national average wage for the previous calendar year as published by the

National Statistics Office established by virtue of article 9 of the Malta

Statistics Authority Act, plus thirty percent of the inflation rate as published

by the said National Statistics Office for the previous calendar year.

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 14 Payment of a Class Two contribution in lieu of a Class One contribution. — SOCIAL SECURITY ACT Open official source

A person who is liable to pay a Class One contribution

under articles 7, 8 and 9 and who is also self-occupied, may, at his

request and with the approval of the Director, pay a Class Two

contribution instead of a Class One contribution; thereafter such

person may not revert to a Class One contributor unless and until he

ceases to be self-occupied and informs the Director of such change

Provided that the Director shall not give his approval unless

the applicable rate of Class Two contributions as payable by the

self- occupied person himself exceeds the aggregate applicable rate

of Class One contribution payable by the employer and by the

employed person; and he shall revoke such approval with effect

from such date which he determines to be the date on which the

said condition ceases to be satisfied.

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Fourteenth Schedule — SOCIAL SECURITY ACT Open official source

Added by

XXI. 1996.68.

Substituted by

(Articles 30, 70, 72, 73, 76, 76A, 77, 80, 84)

XXII. 1997.14;

L.N. 56 of 1999;

Rates of several kinds of Allowances, Maternity

L.N. 84 of 1999;

Benefit and Marriage Grant

L.N. 10 of 2000;

L.N. 21 of 2001;

L.N. 4 of 2002;

II. 2002.78;

L.N. 422 of 2002;

L.N. 436 of 2003.

Amended by

II. 2004.34.

Substituted by

L.N. 100 of 2006;

L.N. 101 of 2006;

L.N. 318 of 2007;

L.N. 424 of 2007;

L.N. 149 of 2008;

L.N. 143 of 2009;

L.N. 437 of 2010;

L.N. 330 of 2011;

L.N. 342 of 2012;

L.N. 355 of 2013;

L.N. 62 of 2014;

L.N. 123 of 2015;

L.N. 309 of 2016;

L.N. 6 of 2018;

L.N.195 of 2018;

L.N.94 of 2019;

L.N.251 of 2020;

XXIX.2019.71;

L.N. 331 of 2021;

L.N. 232 of 2023;

L.N. 257 of 2023;

XIII.2024.28;

L.N. 10 of 2025.

PART I

Rate per week of Allowance paid to residents of a therapeutic community in

accordance with article 30(9)

€40.00

Part II

(Repealed by Act II.2004.34)

PART III

Lump sum paid by way of Marriage Grant in accordance with article 70

€322.58

PART IV

Rate per week of Maternity Benefit paid in accordance with article 72(1)

For self-occupied women

For other women

SOCIAL SECURITY

€213.54

€132.05

Rate per week of Maternity Leave Benefit paid in accordance with article 72(4)

€213.54

PART V

Supplementary Allowance

Table A

STATUS

Maximum annual

reckonable income

Maximum

Maximum

that can be taken for

allowance

amount of annual

entitlement purposes.

payable

allowance

(So however any

payable

reckonable income

below €8,360 shall be

deemed to be

equivalent to

€8,360)

Married person

who

is

maintaining

a

spouse and is not

€13,819 - €15,748

€418.60

Equivalent to 3%

entitled to an

of the difference

allowance under

obtaining between

article 76 or

€27,776 and actual

single

parent

reckonable

who

is

not

income per year

entitled to an

allowance under

article 76

SOCIAL SECURITY

Married person

who

is

maintaining

a

Equivalent

to

spouse and is not

€13,819

€1,099.28

5.90% of the

entitled to an

difference

allowance under

obtaining between

article 76 or

€27,776 and actual

single

parent

reckonable

who

is

not

income per year

entitled to an

allowance under

article 76

Single pensioner

Equivalent

to

who receives a

4.28% of the

National

€ 11,651

€598.00

difference

Minimum

obtaining between

Pension

or

€23,116 and actual

equivalent rate

reckonable

income per year

Single

person

Equivalent

to

forming

a

4.28% of the

household on his

€11,651

€598.00

difference

own

obtaining between

€23,116actual

reckonable

income per year

up to a maximum

rate of €11.50 per

week

Single

person

not forming a

household on his

own

with

€11,651

€126.36

income from a

gainful

occupation not

exceeding

the

National

Minimum Wage

No entitlement to an allowance under this Part is acquired when the annual

reckonable income exceeds the maximum amounts indicated above, as the case may be.

With effect from the year 2021, a married or a single person who has reached the

age of sixty-five (65) and satisfies the parameters in Table A shall be eligible for the

SOCIAL SECURITY

additional payment of €150 yearly.

PART VI

Children's Allowance

A. Where the maximum annual reckonable income for

entitlement purposes is €27,006.12 or less. (So however that any annual

reckonable income below €7,741.12 shall be considered to be equivalent to

€7,741.12)

Percentage rate payable by way of an

allowance on difference obtaining

between reckonable annual income and

€27,006.12

Children in household under sixteen (16)

6.5% for each such child

years of age.

Over sixteen (16) years but under twenty-

one (21) years and still undergoing full-

time education or training in an

educational institution recognised by

the Government in terms of the

Education Act (Cap. 607) and who are

2% for each such child

not receiving any form of remuneration

or allowance or are registered as

unemployed under Part I of the register

and have never been gainfully occupied.

Over sixteen (16) years but under twenty-

one (21) years and are registered as

unemployed under Part I of the register

kept in accordance with the provisions

of the Employment and Training

2% for each such child

Services Act (Cap. 594) and who have

never been gainfully occupied, and who

are not in receipt of any benefit, pension

or assistance payable under this Act.

1. An allowance payable to a household under Table A above shall,

irrespective of the annual reckonable income of the household, in no case be less than

the Fixed Children’s Allowance specified in Table B.

2. An allowance payable to a household under Table A above, whose annual

income from employment does not exceed the National Minimum Wage, may in no case

SOCIAL SECURITY

be less than the maximum rate in this Part.

B.

Where the maximum annual reckonable income is more than €

27,006.12

Fixed Children’s Allowance

Children in household under sixteen (16)

€8.66 per week for each such child

years of age

C. Where students continue to attend full-time post-secondary education

Rate of benefit

Children over the age of sixteen (16) but

€500 per year for three (3) years of

under the age of twenty-one (21) and still

the study course they are attending (if

attending a full-time post-secondary course

they are in the first year)

of study or teaching at an educational

institution recognised by the Maltese

Authority for Further and Higher

Education.

Children over the age of sixteen (16) but

€500 per year for two (2) years of the

under the age of twenty-one (21) and still

study course they are attending (if

attending a full-time post-secondary course

they are in the second year)

of study or teaching at an educational

institution recognised by the Maltese

Authority for Further and Higher

Education.

Children over the age of sixteen (16) but

€500 for one (1) year of the course of

under the age of twenty-one (21) and still

study they are attending (if they are in

attending a full-time post-secondary course

the third year)

of study or teaching at an educational

institution recognised by the Maltese

Authority for Further and Higher

Education.

PART VII

Rate per week per child of Disabled Child Allowance in accordance with article 77

€30.00

PART VIII

Rate per week per child of Care Allowance paid in accordance with article 76A

€110.00

An allowance payable under this Part shall continue to be payable when the child

is over sixteen (16) years but under twenty-one (21) years.

SOCIAL SECURITY

PART IX

Mechanism establishing the Additional Benefit to counter the Cost of Living

The rules which regulate this benefit shall be the following

(1) the additional cost of living increase accumulated as from the year 2023

onwards shall be calculated in accordance with the cost of expenses of persons over

the age of 65 years in accordance with the table in this Part;

(2) the benefit shall be awarded to families whose disposable equivalised

income, in accordance with the number of members in the family, is below the

national median as defined by Eurostat and as established by the National Statistics

Office every year;

(3) the highest disposable income considered for the purposes of this benefit

shall not exceed €50,000;

(4) the payment shall be dependant on the disposable equivalised income of the

family when compared with the level of 60% of the national median equivalised

income (the risk of poverty level) and the number of family members; and

(5) for the year 2024, the payment of the benefit for the full year shall be

between the minimum of €100 and maximum of €1,500.

Year

Cost of Living Increase

Cost of Living

Difference*

for Persons of 65 years

Increase

or over

COLA Mechanism

€

€

€

10.48

9.90

0.58

15.14

12.81

2.33

* The benefit is calculated on the accumulated difference up to the basis payment year.

If the difference from one year to another is less, the amount accumulated is retained.

Added by

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 15 Contributions by certain categories of persons. — SOCIAL SECURITY ACT Open official source

(1) A self-occupied person who is liable to pay a Class

Two contribution under the provisions of this Act, other than those

of article 14, and who is engaged by another person to perform

services as an outworker or as a tourist guide or as a driver of a

Government impressed vehicle shall be entitled to receive from

such person or from Government, as the case may be, in addition to

the remuneration due to him under the terms of his agreement, an

amount corresponding to 1/16 of the remuneration payable for such

services, towards the payment of Class Two contributions payable

under this Act by such a self-occupied person.

(2)

Repealed by Act II. 2004.18.

(3) For the purposes of sub-article (1), "outworker" means a

person engaged to perform services in the physical manufacture of

any article in his own time and in a place not provided by the

person with whom he is so engaged, and who is remunerated at

piece rates, and "Government impressed vehicle" means any

vehicle which is impressed by Government in accordance with any

procedure which is laid down by Government for this purpose.

(4) With effect from the 5th January, 1998, a self-occupied

person who is engaged as a casual social assistant by the

Department for the Care of the Elderly, shall be entitled to retrieve

from the Director, Care of the Elderly, the equivalent of the

increase in the rate of the social security contribution payable by

such person as a result of the cost-of-living increase awarded by

Government in the rate of the national minimum wage as is payable

to persons of eighteen years of age or over under the provisions of

the Employment and Industrial Relations Act.

(5) With effect from the 7th January 2008, an employer who

employs a severely disabled person or a visually impaired person in

terms of this Act, shall be entitled to receive from the Government

an amount corresponding to the share of social security

contributions paid by the said employer in terms of this Act for the

first 156 weeks of employment of the said person.

(6) With effect from the 7th January 2008, a person who is a

severely disabled person and who employs a person as a carer shall

be entitled to receive from the Government an amount

corresponding to the share of social security contributions paid by

such person as an employer in terms of this Act

Provided that, notwithstanding the provisions of this

article, with effect from the 6th January 2014, an old person and, or

a person who is certified to have a disability upon the advice given

by the medical panel in accordance with article 106, who employs

another person to take care of him or her, shall be exempted from

t h e p a y m e n t o f t h e e m p l o y e r ’s p a r t o f t h e S o c i a l S e c u r i t y

contributions payable according to this Act.

(7)

With effect from the 7th January 2008, a person who -

(a) is over 45 years of age; and

(b) has not been in gainful occupation for a minimum of

five consecutive years; and

SOCIAL SECURITY

(c) has obtained a licence in accordance with the Trading

Licences Act to carry out a self-occupation,

shall be entitled to receive from the Government an amount

corresponding to the amount of contributions payable under this

Act from such self-occupation for the first 52 weeks.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Fifteenth Schedule — SOCIAL SECURITY ACT Open official source

IX.2025.35.

(article 27)

Substituted by

III.2026.32.

Qualifying percentages for the payment of disability assistances

Disability Benefit

30% to 44.99%

Disability Assistance

From 45% to 59.99%

Severe Disability Assistance

SOCIAL SECURITY

From 60% to 74.99%

Increased Severe Disability Assistance

Not less than 75%

Assistance for the Visually Impaired

Not less than 50%.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 16 Crediting of contributions. — SOCIAL SECURITY ACT Open official source

(1) When a person pays his first contribution under this

Act he shall become entitled to a credited contribution for every

calendar week falling between the first day of the contribution year

immediately preceding the one in which he paid his first

contribution and the last day of the calendar week immediately

preceding the week in respect of which his first contribution had

been paid; and, for this purpose, if the first contribution had been

paid under the provisions of the National Insurance Act, as in force

prior to the commencement of this Act, such contribution shall be

deemed to have been paid under the provisions of this Act.

(2)

Contributions shall be credited to -

(a) an actual widow, where such actual widow is not

gainfully occupied, and whether she is entitled to a

pension in respect of widowhood or not, for any period

during which she does not remarry and provided her

deceased husband had paid 156 contributions prior to

his death;

(b) with effect from the 5th January, 1987, an ex-member

of the Malta Police Force or of the Armed Forces of

Malta who retires or has retired from the service on a

full pension from Government as his employer on

completion of service prior to reaching pension age,

for any period during which he is not gainfully

occupied and has not yet reached pension age;

(c) any citizen of Malta who goes abroad as a volunteer

worker on projects in the areas of human welfare and

development and environmental protection which are

recognized as such by the Minister in advance, for any

period during which he is performing such volunteer

work and has not yet reached pension age; sohowever

that, for this purpose, any such number of credited

contributions shall in no case exceed an aggregate of

260 in any period of 10 years in such volunteer work,

provided that

(i)

where any such volunteer work as aforesaid in

this paragraph was performed between the 5th

January, 1981 and the 6th January, 1991 the

foregoing provisions of this paragraph shall also

apply if the Minister is satisfied that the projects

on which such volunteer work was performed

were restricted to the areas aforesaid in this

paragraph; sohowever that any credited

contributions that have to be awarded in

accordance with the foregoing provisions of this

paragraph shall cover consecutive periods

SOCIAL SECURITY

starting from the 6th January, 1991 backwards;

(ii)

where any such volunteer work is carried out in

Malta or abroad, by young persons who have not

yet reached 25 years of age, the maximum number

of weeks in credited contributions shall be awarded

for a maximum period of 260 weeks in so far as the

young person returned in insurable employment or

self-occupation for a period of not less than five

years;

(d) the father or the mother, who have attained the age of

eighteen years and born on or after the 1st January

1952, has the legal care and custody of a child who has

not attained the age of six years, or the age of ten years

in the case of a child who has been certified by a

medical consultant as, during the period for which the

credit is being requested having a serious disability, or

suffering from a rare condition or disease

Provided that the sum total of such credited

contributions which may be given with regard of each

child to a parent or to both parents together shall not

exceed 104 contributions in any period of two years

such that on the first three children, the accredited

contributions which may be given to a parent or to

both parents together who were born between 1st

January 1952 and 31st December 1961, shall not

exceed 312 contributions in any period of six years;

whilst the sum total of such credited contributions

which may be given with regard of each child to a

parent or to both parents together who were born on or

after 1st January 1962 shall not exceed 208

contributions in any period of four years sohowever

that the maximum of credited contributions which may

be given on the first three children to a parent or to

both parents together who were born on or after 1st

January 1962 shall not exceed 624 contributions in any

period of twelve years

Provided further that in the case of a parent who, to the

satisfaction of the Director, presents a certificate from

a medical consultant of a child having a serious

disability during such period for which credits are

requested, the sum total of such credited contributions

that may be awarded in respect of each and every such

child shall not exceed 208 contributions in any period

of four years where the parent was born between 1st

January 1952 and 31st December 1961, and shall not

exceed 416 contributions in any period of eight years

where the parent was born on or after 1st January

1962

Provided further that in the case of a parent who proves

to the Director that he is taking care of a child suffering

from a rare disease or disorder which affects less than

one (1) in two thousand (2,000) Maltese residents, as

SOCIAL SECURITY

certified by a medical consultant or practitioner

specialising in such field and that such condition requires

constant care and attention in a manner that such parent is

unable to maintain full-time or part-time employment,

during such period of which contribution credits are

requested, the sum total of such credited contributions

that may be awarded in respect of each and every such

child shall not exceed two hundred and eight (208)

contributions in any period of four (4) years where the

parent was born between 1 st January 1952 and 31 st

December 1961, and shall not exceed four hundred and

sixteen (416) contributions in any period of eight (8)

years where the parent was born on or after 1 st January

1962

Provided also that any period of credited contributions

that may be awarded from the fourth child onwards,

which total sum for each child shall not exceed 52

credited contributions to that parent or parents

together who were born between the 1st January 1952

and the 31st December 1961, and 104 credited

contributions for each child to that parent or parents

together who were born on or after 1st January 1962,

shall only be awarded insofar as, prior to the pension

age, such father or mother, as the case may be, resumes

gainful occupation for a minimum period equivalent to

that period for which such number of credits would

have been awarded for the fourth child onwards,

sohowever that, in the event of the death of any such

parent, such credits shall still be awarded

notwithstanding that the minimum period required

according to this proviso for the award of such credits

shall not have been satisfied;

(e) persons who were born after the 1st January 1952 for

periods during which the Social Security contribution

due was not paid because they were undergoing a

period of study according to Part V of the Tenth

Schedule and qualified of such level;

(f)

persons in insurable employment who terminate their

employment so as to partake of an early retirement

scheme, as may be approved by the Minister responsible

for Finance, or are prior to the said date recognized as

such by the Director, from the age of 60 until they reach

pension age;

(g) a person born on the 1st January 1962 or after, who did

not engage in any gainful occupation between the age of

eighteen (18) years and thirty (30) years and proves to the

satisfaction of the Director that during this period he has

been undergoing regular treatment by a psychiatrist who

is or was consultant in Government employment, the sum

total of such credited contributions that may be awarded

for such period, which shall not exceed one hundred and

four (104) contributions

SOCIAL SECURITY

Provided that the total of such credited contributions that

may be awarded for such period, shall not exceed one

hundred and four (104) contributions in the case of a

person who successfully concludes a programme in a

therapeutic community centre for the rehabilitation of

drug or alcohol addicts in Malta, as may from time to

time be recognised by the Minister and starts working.

(3) A contribution shall also be credited to any insured

person -

(a) for any calendar week for each day of which in terms

of articles 18, 28 and 30 he is entitled to Sickness

Benefit, or Injury Benefit, or Unemployment Benefit,

or Special Unemployment Benefit, or for any calendar

week during which he is entitled to Invalidity Pension,

Increased Invalidity Pension or, prior to reaching

pension age, a National Minimum Pension under

article 26, or for any calendar week during which he is

entitled to a Carer’s Allowance or Increased Carer’s

Allowance under article 68 and at any time prior to his

becoming entitled to a Carer’s Allowance or Increased

Carer’s Allowance as aforesaid in this paragraph was

employed in insurable employment or was self-occupied

and immediately prior to his becoming entitled to such

Carer’s Allowance or Increased Carer’s Allowance had -

(i) paid a total of 156 contributions; and

(ii) paid or been credited with an average of at least

fifteen (15) contributions per annum; since

attaining his 18th birthday

So however that, with effect from the 5th January 2013,

the provisions of this sub-article shall also apply to

persons who are not entitled to a Carer’s Allowance who

who fail to satisfy the conditions of Part IV of the Second

Schedule but fulfil the criteria stipulated by the

provisions of article 106(a)

Provided that, notwithstanding the provisions of this sub-

article, with effect from 1st January 2023, a person

entitled to a Carers Allowance or an Increased Carers

Allowance in accordance with the provisions of article 68

and who fails to satisfy the conditions mentioned in this

sub-article, shall be entitled to a total of two hundred and

eight (208) credited contributions

Provided that with effect from 1st January 2025, the

provisions of this sub-article shall also apply to persons

entitled for the Carers Grant in accordance with the

provisions of article 68.

SOCIAL SECURITY

(b) if he is normally employed in insurable employment or

self-occupied and normally relies on such employment

or self-occupation for his livelihood, for any calendar

week each day of which is for him a day of incapacity

for work or, a day of unemployment and either

registered in the Register kept in accordance with the

provisions of the Employment and Training Services

Act, or certified by the Corporation established by the

Act aforesaid to be unemployable and for this reason is

registered in the said Register

Provided that the provisions of this paragraph

shall not apply where -

(i)

had such person not been self-occupied

immediately prior to his incapacity for work, he

would not have become entitled to a certificate

of low income under and in accordance with the

provisions of article 12;

(ii)

such person had not been in insurable employment

of self-occupation or registered in the Register kept

in accordance with the provisions of the

Employment and Training Services Act, or

certified by the Corporation established by the Act

aforesaid to be unemployable, and for this reason

is registered in the said Register, immediately

before his entitlement to a credit in terms of this

paragraph;

(iii) that person was born on or after the 1st January

1969 and reaches the amount of credited

contributions for every calendar week during

which each day thereof is a day of

unemployment for such person according to

paragraph (b), which is equivalent to the amount

of contributions which such person will have

paid during the preceding period;

(c) for any calendar week falling between 1st April, 1978,

and 5th January, 1990, during which he would have

been entitled to an Invalidity Pension were it not for

the fact that such pension had been fully abated in

accordance with the provisions of that Act as in force

up to the 5th January, 1990;

(d) for any calendar week, with effect from the 7th January

2008 where such insured person ceases to register in the

Register established under the Employment and

Training Services Act, to take up temporary work for a

period not exceeding thirteen consecutive weeks and

where, for such period of temporary work, a contribution

in terms of this Act is not due;

(e) for any calendar week, with effect from the 2nd

January, 2012, for which according to article 72 such

person would be entitled to Maternity Leave Benefit

and for which a contribution in terms of this Act was

SOCIAL SECURITY

not due.

(4) A contribution credited under this article for any calendar

week shall be -

(a) a Class Two contribution if it is credited on the ground

that the person -

(i)

is an actual widow to whom sub-article (2)(a)

applies; or

(ii) is entitled to Sickness Benefit or to Injury

Benefit or to an Invalidity Pension or to an

Increased Invalidity Pension or, prior to reaching

pension age, to a National Minimum Pension, or

to a Carer’s Pension, and when last gainfully

occupied prior to becoming entitled to such

benefit or pension as aforesaid in this sub-

paragraph was a self-occupied person;

(iii) is entitled to such a credited contribution in

virtue of sub-article (3)(c) and (d) and

immediately prior to his becoming an invalid

was a self-occupied person;

(b) a Class One or a Class Two contribution if awarded in

terms of sub-article (2)(d), as the case may be;

(c) a Class One contribution in any other case;

Provided that a credit awarded in terms of sub-article

(2)(d) shall only be valid for the purposes of awarding a pension in

terms of Part IV and Part V of this Act.

(5) Where a contribution is credited under this article only one

contribution shall be credited to a person for any one calendar

week, and no contribution shall be credited for any one calendar

week for which a Class One or a Class Two contribution is payable

by or in respect of him under this Act.

(6) A contribution which prior to the 3rd day of April, 1978

had been credited as a Class Three contribution under the

provisions of the National Insurance Act, as in force up to that date

shall be deemed to be a credited Class Two contribution in respect

of a person who was not self-occupied.

(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.

(8) Notwithstanding the provisions of sub-article (1), a mother

who commences insurable employment after the birth of a child shall

be entitled to credited contributions for every calendar week in

accordance with the provisions of sub-article (2)(d).

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 17 Contributions vis- à-vis entitlement to certain benefits and pensions. — SOCIAL SECURITY ACT Open official source

(1) The contribution conditions for the payment of

Sickness Benefit, Unemployment Benefit and Special

Unemployment Benefit payable in accordance with articles 18 and

30 shall be as set out in the Eleventh Schedule to this Act.

(2) The contribution conditions for the payment of a pension

under article 26, Part IV (other than a Survivor’s Pension) and Part

V (other than a Two-Thirds Pension) of this Act shall be as set out

in the Eleventh Schedule to this Act.

(3) For the purposes of determining whether a person is entitled

to any one of the benefits referred to in sub-article (1), insofar as

contributions are concerned -

(a) Class One contributions paid at any time in respect of

fictitious employment and any Class One contributions

credited in accordance with article 16(4)(b) in virtue

of sub-article (2)(b) of the said article 16 shall not be

taken into account;

(b) Class Two contributions, whether paid or credited,

shall not be taken into account in connection with -

(i)

any claim for Unemployment Benefit, or Special

Unemployment Benefit

Provided that, with effect from the 5 th January 2019, the

provisions of sub-paragraph 3(b)(i) shall cease to

apply; and

(ii) any claim for Sickness Benefit, unless the

Director is satisfied that such contributions had

been paid in respect of periods during which the

person concerned was self-occupied;

(c) Class One and Class Two contributions paid, for any

period following January 7, 2008, by any person in

receipt of a pension under Part V of this Act shall not be

taken into account.

(4) For the purpose of determining whether a person is entitled

to any one of the pensions referred to in sub-article (2), insofar as

contributions are concerned -

(a) Class Two contributions deemed to be so by virtue of

article 4 and of article 16(5), Class Two contributions

which have not been paid from a gainful activity, Class

One contributions credited in accordance with article

16(4)(b) in virtue of sub-article (2)(b) of the said

article 16 and Class Two contributions credited in

accordance with article 16(4)(a)(i) shall not be taken

into account in connection with any claim for a

pension under article 26;

(b) Class One contributions paid at any time in respect of

fictitious employment shall not be taken into account

in connection with any claim for a pension (other than

a pension payable under Part IV of this Act) referred to

in sub-article (2) save as provided for in article 55;

(c) Class One and Class Two contributions paid for any

SOCIAL SECURITY

period following January 7, 2008 by any person in receipt

of a pension under Part V of this Act shall not be taken

into account for the reassessment of any pension under

Part IV and Part V of this Act.

(5) Where a person would be entitled to a pension payable

under the articles referred to in sub-article (2) but for the fact that

the relevant contribution conditions are not satisfied as regards the

yearly average of contributions paid or credited, that person shall

nevertheless be entitled, if the said yearly average is not less than

20, to a pension of that kind at the reduced rate specified for a

pension of that kind in the Twelfth Schedule to this Act.

(6) For the purposes of this article, insofar as contributions are

concerned, any Class One contributions paid by an insured person

in any contribution year under the proviso to article 7(2)(a) shall be

multiplied by

(a) the proportion of the actual total value of contributions

paid by the employee and the employer during a

contribution year, in accordance with Category B of

Part 1 in the Tenth Schedule to this Act, bears to the

full value of contributions that would have been due

under the provisions of this Act during the said

contribution year, had the employee concerned not

opted to pay his contributions according to article

7(2)(a); and

(b) for the purposes of determining entitlement to any

benefit, pension, grant or allowance, the resulting

number of such weighted contributions for that

contribution year as calculated in terms of paragraph

(a) of this sub-article, shall be considered as the actual

number of contributions paid by and in respect of the

employee during the said contribution year for such

benefit, pension, grant or allowance under this Act.

(7) For the purposes of this article, insofar as contributions are

concerned, any Class Two contributions paid by an insured part-

time female self-occupied person in any contribution year after the

3rd January 2011 at a rate which is below the maximum rate for

category SA established in Part III of the Tenth Schedule, shall be

multiplied

(a) by the proportion of the actual total value of pro-rata

SA contributions paid by the part-time self-occupied

person during a contribution year, in accordance with

Part III in the Tenth Schedule, bears to the full value of

contributions that would have been due under the

provisions of this Act during the said contribution

year, had the self-occupied person concerned not opted

to pay a pro-rata contribution according to the Tenth

Schedule; and

(b) for the purposes of determining entitlement to any

benefit, pension, grant or allowance, by the resulting

number of such weighted contributions for that

contribution year as calculated in terms of paragraph

SOCIAL SECURITY

(a), and shall be considered as the actual number of

contributions paid by and in respect of the self-

occupied person during the said contribution year for

such benefit, pension, grant or allowance under this

Act.

PART III

BENEFITS, ALLOWANCES AND PARTICULAR PENSIONS

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 18 Sickness Benefit. — SOCIAL SECURITY ACT Open official source

(1) Subject to the provisions of this Act, an insured person

who has not yet reached his retirement age and who satisfies the

relevant contribution conditions, shall be entitled to Sickness

Benefit in accordance with Part I of the Third Schedule for any day

of incapacity for work, excluding any day in which, whether

incapacitated or not, such person would not have been required to

attend to work in the normal course of his duties, sohowever that, and

notwithstanding the provisions of article 90, with effect from 1st January

2018, the provisions of this article will also apply to a widow who is in

receipt of a Pension under Part IV of this Act, who is in an insurable

employment, who has not yet reached pension age, and who has

dependent children under the age of 23

Provided that and notwithstanding the provisions of article 90,

with effect from 1st January 2023, the provisions of this article shall

also apply to a widow who is in receipt of a Pension under Part IV of

this Act, who is in an insurable employment, and who has not yet

reached pension age

Provided further that in any uninterrupted period of incapacity

for work, the maximum number of consecutive days in respect of

which Sickness Benefit may be paid shall, in no case, exceed six

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 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.

(2) Such Sickness Benefit shall not be paid for the first three

days of each spell of incapacity for work in respect of which it

would otherwise be payable in terms of sub-article (1) hereof

Notwithstanding the provisions of sub-article (2), for a person

who proves to the satisfaction of the Director that he is under

ongoing treatment in or by means of the Sir Anthony Mamo

Oncology Centre, the payment of sickness benefit may be approved

by the Director for any further number of days, including the first

three (3) days of each spell of incapacity for work, during an

effective period not exceeding one (1) year from commencement of

such treatment, however such effective period may be extended for

SOCIAL SECURITY

more than one (1) year following medical advice obtained from the

Sir Anthony Mamo Oncology Centre

Furthermore, for a person who is certified by a multi-disciplinary

panel, appointed as provided by article 106, to be suffering from

Fibromyalgia or Myalgic Encephalomyelitis, and satisfies the medical

eligibility criteria, as updated from time to time by the Ministry

responsible for Health, the payment of sickness benefit may be

approved by the Director for any further number of days, including the

first three (3) days of each spell of incapacity for work, during an

effective period not exceeding the calender year (1) in which the first

claim for sickness benefit is submitted.

(3) A self-employed person shall not be entitled to Sickness

Benefit unless the Director is satisfied that the person making the

claim for such benefit is normally self-occupied and would have

been self-occupied but for that incapacity.

(4) For the purposes of this article, a day shall not be treated as

a day of incapacity for work unless the person concerned proves to

the satisfaction of the Director that he is incapable for work on that

day by reason of some specific disease or bodily or mental

impairment or that he is under treatment or observation for a

disease or a bodily or mental impairment as aforesaid.

(5) Save as provided for in paragraph (d) of the proviso to

article 106, Sickness Benefit shall be paid for any day of incapacity

for work but shall not exceed in the aggregate a maximum of 156

days in any calendar year; sohowever that where the person making

a claim for such benefit -

(a) undergoes any major surgical operation or intervention

or suffers a severe injury or is afflicted by some

serious disease which requires a long treatment before

such person may resume work, payment of Sickness

Benefit as aforesaid in this sub-article may be

approved by the Director for any further number of

days, not exceeding 156, beyond the limit aforesaid in

this sub-article as may be deemed fit by the Director in

the circumstances of the case and provided that in any

such case the aggregate maximum number of days

payable by way of Sickness Benefit within any two-

year period, calculated on a calendar basis, shall not

exceed 468

Provided that, with effect from 1st Janaury 2024 and

notwithstanding the provisions of this Act, where the

person making a claim for such benefit undergoes any

major surgical operation or intervention or suffers a

severe injury or is afflicted by some serious disease

which requires a long treatment before such person may

resume work, payment of Sickness Benefit as aforesaid

in this sub-article may be approved by the Director for

any further number of days, not exceeding one hundred

fifty-six (156) days, beyond the limit aforesaid in this

sub-article as may be deemed fit by the Director in the

circumstances of the case, and provided that in any such

SOCIAL SECURITY

case the aggregate maximum number of days payable by

way of Sickness Benefit within any two (2) year period,

calculated on a calendar basis, shall not exceed four

hundred sixty-eight (468) days, so however that, with the

exception of the first one hundred fifty-six (156) days,

the person shall be entitled to the Increased Sickness

Benefit equivalent to the rate of the National Minimum

Invalidity Pension as specified in the Twelfth Schedule;

(b) has previously been paid any benefit under the

provisions of this article or any Unemployment

Benefit or Special Unemployment Benefit under the

provisions of article 30, the grand total of benefit days

by way of these benefits added together shall, in no

case, exceed at any time the grand total number of

reckonable contributions paid by the person

concerned

Provided that if the person making a claim for such benefit

is disqualified from receiving such benefit in accordance with sub-

article (6), such person shall have his entitlement to Sickness

Benefit for that calendar year during which the disqualification is

imposed reduced by the number of days of such disqualification.

(6) A person shall be disqualified from receiving Sickness

Benefit for any period as may be decided by the Director -

(a) if he has refused medical examination as may have

been required by the Director or, without good cause,

failed to attend for, or to submit himself to, such

medical examination as may have been required by the

Director or, without a good medical reason, failed to

submit himself to such medical treatment as may have

been appropriate in his case; or

(b) if he has behaved in a manner likely to retard his

recovery; or

(c) if he is absent without good cause from his place of

residence.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 19 Types of Medical Assistance. — SOCIAL SECURITY ACT Open official source

Medical Assistance shall be of the following kinds

(a) Sickness Assistance;

(b) Leprosy Assistance;

(c) Tuberculosis Assistance;

(d) Free Medical Aid;

(e) Milk Grant.

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 20 Sickness Assistance. — SOCIAL SECURITY ACT Open official source

(1) Subject to the provisions of this Act, a person who is

the head of household shall be entitled to Sickness Assistance

under this article if he proves to the satisfaction of the Director

that -

(a) he, or a member of his household, is suffering from a

disease, or is in a condition, mentioned in Part I of the

Fifth Schedule to this Act, which could be alleviated

or cured by a special diet or regimen which requires an

expenditure not normally incurred by the household,

and the person in respect of whom such assistance is

claimed is neither an employed person nor a self-

occupied person; sohowever that, in the case of a

person who on the date of claim for such assistance is

suffering from chronic schizophrenia, whether or not

this condition could be alleviated or cured by a special

diet or regimen, entitlement to Sickness Assistance

would still accrue if the person who is suffering from

such a condition proves to the satisfaction of the

Director that he has been undergoing regular treatment

for such a condition for at least 3 years and that within

the 3 months immediately prior to his claim for such

assistance his condition had been investigated by a

psychiatrist who is or was a consultant psychiatrist in

Government employment and certified by the said

psychiatrist to be suffering from such a condition;

(b) with effect from 1st January 2016 an unmarried person

who lives with his or her parents, where none of the

parents is gainfully occupied and one of the parents is

in receipt of a pension under Parts IV and V and under

articles 26 and 66, who on the date of the claim for

such assistance is medically certified

(i) as suffering from a terminal disease, or

(ii) as suffering from a bi-polar disorder

or

psychotic depression,

entitlement to Sickness Assistance shall still accrue,

provided that in the case of the condition referred to in

sub-paragraph (ii), the person suffering from that

condition proves to the satisfaction of the Director that

he or she has been undergoing regular treatment for

such a condition for at least three years and that within

the three months immediately prior to his or her claim

for such assistance his or her condition had been

investigated by a psychiatrist who is or was a

consultant psychiatrist in Government employment

and certified by the said psychiatrist to be suffering

from such a condition

Provided that, with effect from 1 st January 2019, a person

who is the head of household shall be entitled to Sickness

Assistance under this article if he proves to the

satisfaction of the Director that he or a member of his

household who on the date of the claim for such

SOCIAL SECURITY

assistance is medically certified as suffering from a

terminal disease, bi-polar disorder or psychotic

depression, provided that the person suffering from that

condition proves to the satisfaction of the Director that he

has been undergoing regular treatment for such a

condition for at least three (3) years and that within the

three (3) months immediately prior to his claim for such

assistance his condition had been investigated by a

psychiatrist who is or was a consultant psychiatrist in

Government employment and certified by the said

psychiatrist to be suffering from such a condition

Provided further that, with effect from 1st January 2022,

an unmarried person who lives with his parents, who on

the date of the claim for such assistance is in receipt of an

Invalidity Pension under the provisions of article 26,

shall not be considered as a member of that household,

but is to be considered as forming a household of his own

for the purposes of the provisions of Part II of the Second

Schedule;

(c) the total weekly means of all the members of his

household calculated in accordance with the

provisions of Part II of the Second Schedule to this Act

do not exceed the scale rate for that household as

determined by the Seventh Schedule to this Act.

(2) A head of household who is in receipt of Social Assistance

or an Age Pension or a Carer’s Allowance under this Act, shall be

deemed not to have means exceeding the scale rate for that

household as aforesaid.

(3) The right of any member in respect of whom Sickness

Assistance is payable shall be extinguished

(i)

from the first day of admission to a State Financed

Residential service, wherein the resident is being

provided with level 2 care as specified by the Minister

by notice in the Gazette; and

(ii) from the first day following the day on which,

notwithstanding the fact that he has been medically

discharged from such an institution as specified by the

Minister in the Gazette, he becomes a resident of any

other state financed institution.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 21 Leprosy Assistance. — SOCIAL SECURITY ACT Open official source

(1) Subject to the provisions of this Act, a person who is

the head of household shall be entitled to Leprosy Assistance if he

shows to the satisfaction of the Director that he or any member of

his household is receiving treatment for leprosy.

(2) Where such head of household has been continuously in

receipt of Leprosy Assistance since the 14th April, 1975 at the rate

applicable on that date, he shall continue to receive such assistance

at that rate, as long as he is not entitled to a higher rate of Leprosy

Assistance in terms of the provisions of this Act.

(3)

Sub-article (2) shall not apply where there has been a

SOCIAL SECURITY

change of circumstances in the household.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 22 Tuberculosis Assistance. — SOCIAL SECURITY ACT Open official source

Subject to the provisions of this Act, a person who is the

head of household shall be entitled to Tuberculosis Assistance if he

shows to the satisfaction of the Director that he or any member of

his household is suffering from tuberculosis.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 23 Free Medical Aid. — SOCIAL SECURITY ACT Open official source

(1) Subject to the provisions of this Act and the provisions

in the Health Act, a person who is the head of household shall be

entitled to such Free Medical Aid as is specified hereunder, that is

the supply of such drugs, spectacles, dentures, and other prosthetic

aids or other additional Free Medical Aid as indicated by regulations

made under this Act as in the opinion of the Chief Medical Officer to

Government are indicated in his case according to protocols which

may be issued by him from time to time and are available, if he

shows to the satisfaction of the Director that -

(a) on account of bodily or mental impairment, sickness or

disease, which does not require treatment in a hospital,

he or any member of his household is in need of

medical, surgical or pharmaceutical aid; and

(b) the total weekly means of all the members of his

household calculated in accordance with the

provisions of Part III of the Second Schedule to this

Act do not exceed the scale rate for that household, as

determined by the Eighth Schedule to this Act

Provided that the Chief Medical Officer to Government shall

consult, before forming his opinion, with one or more medical

consultants drawn from a panel appointed by the Minister

Provided further that, where the person concerned is suffering

from Auto-Immune Enteropathy as certified by a consultant

Paediatrician, the Free Medical Aid referred to above shall include

Total Parenteral Nutrition or any other medical conditions as may be

indicated by regulations under this Act.

(2) Where the person in need of such aid is not the head of

household or his wife, the head of such household shall not be

entitled to Free Medical Aid if the weekly means of the person in

respect of whom such aid is required, calculated as if he formed a

household of his own, exceed the scale rate for one person as

determined by the aforementioned Eighth Schedule.

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

specified in Part II of the Fifth Schedule shall be entitled to such

Free Medical Aid as in the opinion of the Chief Medical Officer to

Government 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.

(4)

With effect from the 1st January 2017, a person who

qualifies for an Increased Severe Disability Assistance in

accordance with the provisions of article 27, shall be eligible for

Free Medical Aid without the need to satisfy the means test as per

provisions of Part III of the Second Schedule.

SOCIAL SECURITY

(5) With effect from the 1st January 2017, any income from

gainful employment or self-occupation of the person qualifying for

a Severe Disability Assistance in accordance with the provisions of

article 27, shall not be considered for the calculation of the income

or privilege as explained in Part III of the Second Schedule.

(6)

With effect from 1st January 2022, a person who reached

the age of eighty (80) years and is receiving Supplementary Allowance

in accordance with the provisions of article 73, shall be eligible for the

Free Medical Aid without the need to satisfy the means test as per

provisions of Part III of the Second Schedule.

(7)

With effect from 1st January 2026, a person who reached

the age of sixty-five (65) years and is benefitting from a

Supplementary Allowance in accordance with the provisions of article

73, shall be eligible for the Free Medical Aid without the need to

satisfy the means test according to the provisions of Part III of the

Second Schedule.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 24 Milk Grant. — SOCIAL SECURITY ACT Open official source

Subject to the provisions of this Act, a head of household

who is in receipt of Social or Tuberculosis Assistance under this

Act, shall be entitled to a Milk Grant if he shows to the satisfaction

of the Director that he or any member of his household has the care

or custody of a child under forty weeks of age who requires

weaning or complementary feeding or who cannot be breast-fed for

health reasons, and such grant shall continue to be paid until such

child reaches forty weeks of age.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 25 Amounts payable by way of assistance. — SOCIAL SECURITY ACT Open official source

The weekly amounts payable under the provisions of this

Act by way of Sickness Assistance, Leprosy Assistance,

Tuberculosis Assistance and Milk Grant shall be those set out in the

Ninth Schedule to this Act.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 26 Pensions in respect of invalidity. — SOCIAL SECURITY ACT Open official source

(1) Subject to the provisions of this Act, a person shall be

entitled to an Invalidity Pension or Increased Invalidity Pension or

Nat ional Mi nimu m Pensi on in term s of article 50 or t o the

Guaranteed National Minimum Pension in terms of article 50A, as

the case may be, at one of the rates specified in the Twelfth

Schedule 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, 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

SOCIAL SECURITY

106, 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, 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

in 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 conditionsas specified in

article 17, sohowever that with effect from 1st January

2018, a person who is certified as terminally-ill as

provided in article 2, shall be entitled to the full rate of an

Invalidity Pension, an Increased Invalidity Pension, or a

National Minimum Pension, as the case may be, in

accordance to the provisions of the Twelfth Schedule to

this Act, provided the contribution conditions as provided

in article 17, are satisfied

Provided that, with effect from 6 th January 2020, a person

who is awarded the highest impairment rating, as per Impairment

Tables Regulations, by the medical panel appointed under article 106,

shall be entitled to a rate equivalent to the rate of the Increased Severe

Disability Assistance, as specified in Part III of the Sixth Schedule,

provided that the contribution conditions are specified in article 17, are

satisfied and such person has a contribution average of not less than

fifty (50)

Provided further that with effect from 3rd January 2026, a

person who is awarded the highest impairment rating, in

accordance with the Impairment Tables Regulations by the medical

panel appointed under article 106, shall be entitled to a rate

equivalent to the two thirds pension in accordance with the

contribution conditions as referred to in the provisions of this Act

and if the entitlement is more advantageous

Provided further that, in case of a person who has a

contribution average of less than fifty (50), a pro-rata payment may be

awarded as specified in item E of the Twelfth Schedule

Provided further that, with effect from 1st Janaury 2024, in

the case of a person who is certified to be suffering from mental health

and if the person who is suffering from such a condition proves to the

SOCIAL SECURITY

satisfaction of the Director that he has been undergoing regular

treatment for such a condition for at least three (3) years and that,

within the three (3) months immediately prior to his claim, his

condition had been investigated by a psychiatrist who is or was a

consultant psychiatrist in Government employment and certified by

the said psychiatrist to be suffering from such a condition, and the

contribution conditions as provided in article 17 are satisfied, shall be

entitled to the full rate of an Invalidity Pension, an Increased Invalidity

Pension, or a National Minimum Pension, as the case may be, in

accordance with the Twelfth Schedule

Provided further that with effect from 1st January 2026, in

the case of a person who is certified to be suffering from the bi-polar

condition, depression by psychosis or acute depression, and if the

person who is suffering from such a condition proves to the

satisfaction of the Director that he has been undergoing regular

treatment for such a condition for at least three (3) years and that,

within the three (3) months immediately prior to his claim, his

condition had been evaluated by a psychiatrist who is, or was a

consultant psychiatrist in Government employment and certified by

the said psychiatrist to be suffering from such condition, and the

contribution conditions as provided in article 17 are satisfied, shall be

entitled to the full rate of an Invalidity Pension, an Increased Invalidity

Pension, or a National Minimum Pension, as the case may be, in

accordance with the Twelfth Schedule and may participate in insurable

employment on part-time basis as advised by the psychiatrist and

confirmed by the medical panel appointed in accordance with article

106. (2)

Where a person is entitled to a Service Pension -

(i)

with effect from the first Saturday of January,

1992, if his Service Pension and the rate of

Invalidity Pension applicable in his case

together exceed two-thirds of his pensionable

income, such a person shall be entitled to an

Invalidity Pension; or

(ii) if his Service Pension and the rate of Invalidity

Pension applicable in his case together do not

exceed two-thirds of his pensionable income,

such a person shall be entitled to an Increased

Invalidity Pension or such part thereof as shall

ensure that the aforementioned two-thirds are

not exceeded; or

(iii) if the date of first entry in insurable employment

of such person falls on or after the 1st day of

April, 1978, such person shall not be entitled to

an Invalidity Pension but to an Increased

Invalidity Pension or such part thereof as shall

ensure that his Increased Invalidity Pension and

Service Pension combined shall not exceed two-

thirds of his pensionable income; or

SOCIAL SECURITY

(iv)

if his Service Pension together with the rate of

Invalidity Pension or Increased Invalidity

Pension applicable in his case is less than the

rate of the National Minimum Pension in terms

of article 50 or the Guaranteed National

Minimum Pension in terms of article 50A as is

applicable in his case, then notwithstanding the

provisions of the foregoing paragraphs of this

sub-article, such person shall be entitled to the

National Minimum Pension or the Guaranteed

National Minimum Pension, as the case may be,

abated by his Service Pension.

(3) For the purposes of sub-article (2), when a person has been

in employment for less than thirty years in the aggregate prior to

his becoming an invalid, the references to the proportion of two-

thirds shall be substituted by references to the proportion that the

number of completed months of service bears to 540. When

however the proportion which the Service Pension of a person

bears to his wage or salary and other pensionable emoluments

immediately before his becoming an invalid is higher than the

proportion computed as aforesaid, the references to the proportion

of two-thirds shall be substituted by references to such higher

proportion, but shall in no case be substituted by a proportion

higher than two-thirds.

(4) Where any of the posts on which the pensionable income of

a person is to be computed no longer exist, it shall be substituted by

such analogous post in the Government service or in any parastatal

organization which carried a wage or salary most nearly

corresponding to that of the post in question at the time when it was

last occupied by the pensioner.

(5) For the purposes of this article, in calculating the

pensionable income referred to in sub-article (2)(i), (ii) and (iii),

the provisions of article 58 shall also apply.

(6) A person born on or before the 31st December 1961 who is

not entitled to a Service Pension shall be entitled under this article

to a National Minimum Pension, the highest rate of which shall be

equivalent to -

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

receipt of a social security pension, four-fifths, and

(b) in the case of any other person, two-thirds,

of the national minimum wage as is applicable to persons of 18

years of age or over established by a National Standard Order

issued under the Employment and Industrial Relations Act during

the period in respect of which the pension is due.

(7) A person born on or after the 1st January 1962 who

becomes invalid in terms of this Act and who is not entitled to a

Service Pension shall be enti tled to a Guaranteed N atio nal

Minimum Pension in terms of article 50A.

(8) Any pension arrived at in accordance with the provisions of

this article, shall, where the pensioner concerned or his wife, as the

SOCIAL SECURITY

case may be, is an inmate of a state-owned hospital or institution in

accordance with article 93, be apportioned in such form and

manner as provided for in the said article 93.

(9) Any pension payable under this article shall be reassessed

annually from the first Saturday of the year of the reassessment by

substituting for the pensionable income the aggregate of such

p ensi on abl e in com e and su ch ot he r am ou nt as in di cate d in

paragraphs (i) or (ii), as the case may be, of article 59(3); and for

this purpose the word "retirement" therein shall have the same

meaning as the words "his becoming an invalid in terms of this

Act".

(10) Save as provided for in article 110, a pension payable under

this article shall be reviewed on the medical aspect every three

years or earlier as the Director may determine.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 27 — SOCIAL SECURITY ACT Open official source

(1) Save as provided for in article 96 and subject to the

other provisions of this Act, a person who -

(a)

has attained the age of sixteen years; and

(b) is certified to be suffering from a mental severe

subnormality or to be a severely disabled person in

accordance with the provisions of this Act, or to be

suffering from cerebral palsy; and

(c) shows to the satisfaction of the Director that he is a

citizen of Malta and normally resides in Malta,

shall be entitled to a Severe Disability Assistance under this Act and

the highest rate of which, including any increases in terms of the

provisions of article 90, shall be such in accordance with Part III of

the Sixth Schedule and with the provisions of sub-article (5).

(2) Subject to the provisions of this Act, a visually impaired

person who -

(a) has attained the age of fourteen years; and

(b) produces such certificates regarding his visual

impairment, as the Director may, in particular cases,

require; and

(c) shows to the satisfaction of the Director that he is a

citizen of Malta and normally resides in Malta,

shall be entitled to an Assistance for the Visually Impaired under this

Act in accordance with Part III of the Sixth Schedule and and with

the provisions of sub-article (5).

(3) Save as provided for in article 96 and subject to the other

provisions of this Act, a person who -

(a)

has attained the age of sixteen years; and

(b) is certified to be suffering from a mental severe sub-

normality or to be a severely disabled person in

accordance with the provisions of this Act, or to be

suffering from cerebral palsy and absolutely cannot

work; and

(c) satisfies the Barthel Index score 0 - 4, after the

SOCIAL SECURITY

Director will have acted in accordance with the advice

given by the multi-disciplinary panel appointedunder

article 106(f)

Provided that, notwithstanding the provisions of

this paragraph (c), with effect from 1st January 2018, a

person who satisfies the Barthel Index score 0 - 8, after

the Director will have acted in accordance with the

advice given by the multi-disciplinary panel appointed

under article 106(f): or

Provided that the person achieves a score of

fourteen (14) or more in accordance with Table 10 of

the Impairment Tables Regulations, after the Director

will have acted in accordance with the advice given by

the multi-disciplinary panel appointed under article

106(f): or

Provided further that, notwithstanding the provisions

of this paragraph (c), with effect from 1st January

2021, a person who satisfies the Barthel Index score 0

- 9, after the Director shall have acted in accordance

with the advice given by the multi-disciplinary panel

appointed under article 106(f): or

Provided further that, with effect from 1st January 2021, if

the person achieves a score of thirteen (13) or more in

accordance with Table 10 of the Impairment Tables

Regulations, after the Director shall have acted in

accordance with the advice given by the multi-

disciplinary panel appointed under article 106(f); and

(d) shows to the satisfaction of the Director that he is a

citizen of Malta and normally resides in Malta,

shall be entitled to an Increased Severe Disability Assistance

under this Act in accordance with Part III of the Sixth Schedule.

(4) Save as provided for in article 96 and subject to the other

provisions of this Act, a person who -

(a) has attained the age of sixteen years; and

(b) is certified to be suffering from a permanent total

paralysis or permanent total severe malfunction or

permanent total disease, whether through amputation

or otherwise of one of the upper or lower limbs; or

(c) is certified to be totally and permanently mute or

permanently deaf to a degree of no less than seventy (70)

decibels; and

(d) shows to the satisfaction of the Director that he is a

citizen of Malta and normally resides in Malta,

shall be entitled to a Disability Assistance under this Act in

accordance with Part III of the Sixth Schedule and with the

provisions of sub-article (5).

(5) (a) The rate of assistance of a person who becomes entitled to

such under sub-articles (1) or (2) or (4) shall be such weekly

amount as will bring the total weekly means of the person with the

SOCIAL SECURITY

disability, calculated in accordance with Part V of the Second

Schedule, up to the scale rate applicable to that person, as

determined by Part III of the Sixth Schedule.

(b) Saving the provisions of article 96 and of the second

proviso to paragraph 4 of Part V of the Second

Schedule, where a married person and the spouse both

qualify for an assistance under the provisions of this

article or of article 66, any such assistance as is

payable to one of the spouses shall cease to be

payable.

(c)

With effect from the 1st January 2005, where a

married person qualifies for an assistance under the

provisions of this article, the applicable rate shall be

that payable in accordance with Part III of the Sixth

Schedule.

(d)

With effect from the 1st January 2016, when a person

who qualifies for an assistance under sub-articles (1)

and (2) reaches the age of sixty years, the applicable

weekly rate shall be that indicated in Part II of the

Sixth Schedule.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 28 Injury Benefit. — SOCIAL SECURITY ACT Open official source

(1) Subject to the provisions of this Act, where an insured

person who has not yet reached his retirement age suffers personal

injury caused by accident arising out of or in the course of his

employment or self-occupation, or has developed any of the

diseases specified in the first column of the Fourth Schedule to this

Act (being a disease due to the nature of his work), then Injury

Benefit shall be payable to him in accordance with Part I of the

Third Schedule to this Act if within a period of twelve months from

the date of the accident or the onset of the disease, he is, as a result

of the injury or disease, incapable of work

Provided that notwithstanding the fact that any such disease

may not be specified in the said Fourth Schedule to this Act, Injury

Benefit may nonetheless be payable if the Director is satisfied that

the disease developed due to the nature of his work

Provided that and notwithstanding the provisions of article 90,

with effect from 1st January 2023, the provisions of this article shall

also apply to a widow who is in receipt of a Pension under Part IV of

this Act, who is in an insurable employment, and who has not yet

reached pension age

Provided further that where a person -

(i)

is disqualified from receiving Injury Benefit in

accordance with sub-article (6), he shall have his

entitlement to such benefit reduced by the

number of days of disqualification;

(ii) is found to be suffering from pneumoconiosis,

accompanied by pulmonary tuberculosis, the

effect of tuberculosis shall be treated, for the

purposes of the disease specified in the Fourth

Schedule to this Act, as if they were the effects

of the pneumoconiosis.

SOCIAL SECURITY

(2) Subject to the provisions of article 92, Injury Benefit shall

not be payable in respect of an accident happening to a person

while he is outside Malta, unless the accident arises out of or in the

course of his employment or self-occupation as is specified in

article 13 or in the proviso to paragraph 1 of Part I of the First

Schedule to this Act or in paragraph 2 of the said Part I of the First

Schedule.

(3)

An accident happening to a person while he is -

(a) travelling as a passenger to or from his place of work

in any vehicle (including a ship, vessel or aircraft)

which is in any way provided or paid for directly by

his employer; or

(b) anywhere within the precincts of the premises or place

where he is usually employed or self-occupied, and the

cause of the accident is directly connected with the

work being carried out in those premises or in that

place;

shall be deemed to arise out of or in the course of his employment

or self-occupation.

(4) An accident happening to a person in or about any place of

work at which he is for the time being employed for the purposes of

his employer’s trade or business or self-occupied shall be deemed

to ar i s e ou t of o r in t he c o u rs e o f h i s e m p l o y m e n t o r se l f -

occupation if it happens while he is taking steps on an actual or

supposed emergency at that place of work to rescue, succour or

protect persons who are, or are thought to be or possibly to be,

injured or imperilled, or to avert or minimise serious damage to

property.

(5) The Injury Benefit payable under this article shall be paid

in respect of any day (excluding any day on which, whether

incapacitated or not, such person would not have been required to

attend to work in the normal course of his duties) and during which

as a result of the relevant injury, the person concerned is incapable

of work during the period referred to in sub-article (1)

Provided that no Injury Benefit shall be paid for the first

three days of every spell of such incapacity for work

Provided further that in any uninterrupted period of

incapacity for work, the maximum number of consecutive days in

respect of which Injury Benefit may be paid shall, in no case,

exceed six.

(6) A person shall be disqualified from receiving Injury Benefit

for any period as may be deem ed fit by the Director in the

circumstances of the case for the same reasons as indicated in

article 18(6)(a), (b) and (c), and where it has been proven that the

person concerned has acted negligently by disregarding any safety

precautions that he was obliged to take in terms of the Health and

Safety at Work Act, thereby causing the accident that resulted in

the injury

SOCIAL SECURITY

Provided that where it is proven that the employer was in

breach of any of the provisions of the Health and Safety at Work

Act, the Director may claim from the employer any benefit paid to

the insured person relating to such accident.

(7)

For the purposes of sub-article (2) to (6) -

(i)

"injury caused by accident" includes the

development of any one of the diseases specified

as aforesaid in this article; and

(ii) "accident arising out of or in the course of his

work" includes the onset of any such disease

which is due to the nature of one’s employment

or self-occupation.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 29 Injury Grant and Injury Pension. — SOCIAL SECURITY ACT Open official source

(1) Where the accident or industrial disease, as is referred

to in article 28, results in the permanent loss of physical or mental

faculty, the person concerned shall be entitled to Injury Grant or

Injury Pension in accordance with the following sub-articles of this

article

Provided that a person shall not be entitled to receive an

Injury Grant or Injury Benefit under this article and Injury Benefit

under article 28 at the same time

Provided further that for the purposes of this article there

shall be deemed not to be any loss of faculty at any time when the

extent of the resulting bodily or mental impairment would be

assessed in accordance with the following provisions of this article

at less than 1%.

(2) In assessing the extent of the bodily or mental impairment

aforesaid in this article, the medical panel or the medical officer

appointed by the Minister for this purpose, from time to time, shall

take account of all such bodily or mental impairments (whether or

not involving loss of earning power or additional expense) to which

the claimant may be expected to be subject as compared with a

person of the same age whose physical and mental condition is

normal, but excluding any other particular circumstances with

regard to his financial means or resources.

(3) An assessment shall state the degree of bodily or mental

impairment in the form of a percentage which shall be determined

by the aforesaid medical panel or the medical officer, and where the

extent of such bodily or mental impairment is assessed at less than

20%, the insured person concerned shall be entitled to Injury Grant

in accordance with Part II of the Third Schedule to this Act, and

where the extent of such bodily or mental impairment is assessed at

20% or more, but not exceeding 89%, the insured person concerned

shall be entitled to Injury Pension, the highest rate of which shall

be paid in accordance with Part III of the said Third Schedule to

this Act; sohowever that, for any extent of such bodily or mental

impairment between 20% and 89% the rate of pension payable shall

be calculated in a proportionate manner, to the nearest whole cent,

as the degree of such bodily or mental impairment bears to 89%

Provided that with effect from 6th January, 2015 persons

certified to be suffering from mesothelioma in accordance with the

SOCIAL SECURITY

provisions of the Fourth Schedule and who have reached pensionable

age or are in receipt of a pension by virtue of article 26, are entitled to a

Disablement Grant in accordance with the highest percentage degree of

disability according to the provisions of Part II of the Third Schedule.

(4) Where the degree of bodily or mental impairment as is

referred to in sub-article (3) is assessed at 90% or more the person

concerned shall neither be entitled to an Injury Grant nor to an

Injury Pension but shall instead be automatically entitled to the full

rate of Invalidity Pension or Increased Invalidity Pension or

National Minimum Pension, as the case may be, in accordance with

the Twelfth Schedule to this Act.

(5) A person shall be disqualified from receiving any pension

under this article for any period as may be deemed fit in the

circumstances of the case by the Director for the same reason

indicated in article 18(6)(a) and (b).

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 30 Unemployment Benefit, Special Unemployment Benefit and Social Assistance. — SOCIAL SECURITY ACT Open official source

(1) Subject to the provisions of this Act, a person who

satisfies the relevant contribution conditions and who has not yet

reached pension age, shall be entitled to Unemployment Benefit in

accordance with Part I of the Third Schedule to this Act for any day

of unemployment, excluding Sundays, provided he is registered in

t h e R eg i s t e r ke pt i n a c c o r d a n c e w i t h t h e pr o v i s io n s o f t h e

Employment and Training Services Act; sohowever that where the

insured person is the head of household whose total weekly means

(taking account of all the members of the household) calculated in

accordance with Part VI of the Second Schedule to this Act do not

exceed the scale rate for that household, as determined by the

relevant column of Part I of the Sixth Schedule to this Act, such

insured person shall be entitled to Special Unemployment Benefit

in accordance with Part I of the Third Schedule to this Act in lieu of

Unemployment Benefit; and whether such head of household has

been in insurable employment or not, he shall nonetheless be

entitled to Social Assistance in accordance with the provisions of

this article

Provided that -

(i)

where a person in respect of whom this sub-article

applies becomes self-occupied under and in

accordance with the provisions of any of the

Manpower Incentive Schemes announced by

Government, he shall nonetheless remain entitled to

the assistance aforesaid during the first twenty-eight

weeks of his becoming self-occupied if -

(a) on the day of his becoming self-occupied he is

over eighteen years of age but under sixty years

of age; and

(b) during the twelve consecutive months

immediately prior to the day on which he

becomes self-occupied he had been registered

under Part One of the Register as aforesaid in

this sub-article;

(ii) where a person becomes entitled to Unemployment

SOCIAL SECURITY

Benefit or Special Unemployment Benefit as aforesaid

in this sub-article, if his spell of unemployment

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

20 contributions had been paid or credited in his

respect, such person shall, nonetheless, but save as

provided for in sub-article (2), remain entitled to

Unemployment Benefit or Special Unemployment

Benefit, as the case may be, till the last day of such

spell of unemployment;

(iii) where a person in respect of whom this article applies,

becomes engaged in voluntary community work or

engaged in any public works under any scheme

announced by Government for persons who are

registering for work, such person shall, nonetheless,

remain entitled to the assistance for the duration of such

engagement;

(iv) with effect from 1st January, 2015, a person in respect

of whom sub-article (1) applies, who has not yet

reached the age of 23 years, is obliged to participate in

the Youth Guarantee Scheme under the supervision of

the Ministry responsible for Employment

Provided further that and notwithstanding the provisions

of article 90, with effect from 1st January 2023, the

provisions of this article shall also apply to a widow who

is in receipt of a pension under Part IV of this Act, who is

in an insurable employment, and who has not yet reached

pension age;

(2) Subject to the provisions of this Act, a person in respect of

whom sub-article (1) applies shall only be entitled to receive

Unemployment Benefit or Special Unemployment Benefit under

this article up to a maximum of 156 benefit days; sohowever that,

the grand total of benefit days by way of such benefit or Sickness

Benefit added together shall, in no case, exceed at any time the

grand total number of reckonable contributions paid by the person

concerned

Provided that -

(i)

where his entitlement to such benefit is

exhausted he shall not requalify for such benefit

before the lapse of an aggregate period of

thirteen

calendar

weeks

in

insurable

employment since the last day of his receiving

such benefit; and

(ii) when his entitlement to such benefit is not

exhausted but is less than 156 days and he has

not been in insurable employment thereafter for

at least an aggregate period of thirteen calendar

weeks, he shall only be entitled to receive the

difference resulting between his original

entitlement and the number of benefit days

SOCIAL SECURITY

already received by way of such benefit.

(3) For the purposes of this article a person shall not be deemed

to be unemployed on any day (even though he may be, on any such

day, registered in the Register kept in accordan ce with the

provisions of the Employment and Training Services Act)-

(a) if he is following any gainful occupation on that day or

has done work for which remuneration is ordinarily

payable, whether or not any remuneration has in fact

been received;

(b) if he is on holiday;

(c) if, notwithstanding that his employment has come to

an end or has been interrupted, he receives, in respect

of that day, wages or any payment by way of

compensation for the loss of the remuneration which

he would have received for that day if the employment

had not come to an end or been interrupted;

(d) if he does not ordinarily work on every day of the

week (excluding Sundays and public holidays) and

has, in the week in which the said day falls, been

employed or self-occupied to the full extent normal in

his case.

(4)

A person who is the head of household and who is -

(a) incapable of work by reason of a serious disease or

bodily or mental impairment and would, but for this

incapacity, have been gainfully occupied or registered

as unemployed in the Register kept in accordance with

the provisions of the Employment and Training

Services Act

Provided that such disability or condition is confirmed by

the medical panel appointed in accordance with the

dispositions of article 106 in accordance with the

Impairment Tables Regulations, the payment shall

increase in accordance with the dispositions of Part I of the

Sixth Schedule; or

(b) certified by the Corporation established by the

Employment and Training Services Act, to be

unemployable; or

(c) over pension age,

shall also be entitled to receive Social Assistance under and in

accordance with the provisions of this article notwithstanding the

fact that he is not registered as an unemployed person as aforesaid

in sub-article (1).

(5)

A head of household who -

(a) is registered in the Register kept in accordance with

the provisions of the Employment and Training

Services Act; or

(b) has in terms of article 13(3) of the Employment and

Training Services Act, forfeited his right to register in

SOCIAL SECURITY

the said Register,

and who, had he been registered in the said Register, would have

been entitled in accordance with this article to social assistance,

shall nonetheless be entitled to apply for social assistance and have

his application referred by the Director to the Board established

under article 128, and if the Board shall determine that social

assistance is due to any person on behalf of that household as

provided in article 129, then the person so designated by the Board

shall become entitled to social assistance at such rate as the Board

may, in accordance with the provisions of the said article 129,

determine

Provided that, no such claim will be accepted unless the

head of household proves to the satisfaction of the Director, in such

manner as the Director may determine, that such head of household

is not gainfully occupied.

(6) Subject to the provisions of this Act, the Social Assistance

to which a head of household is entitled shall be such weekly

amount as will bring the total weekly means of all the members of

his household, who are neither employed persons nor self-occupied

persons in terms of this Act, calculated in accordance with Part VI

of the Second Schedule to this Act, up to the scale rate of that

household, as determined by Part I of the Sixth Schedule to this

Act; sohowever that -

(a) where in the household there are members, not being

the head of household and his wife, who are either

employed persons or self-occupied persons in terms of

this Act, such weekly amount of Social Assistance

shall be reduced by the difference obtaining between

the scale rate that would otherwise had been applicable

to the household had such members not been employed

persons or self-occupied persons as aforesaid in this

sub-article and the scale rate that is in fact applicable

to the household in respect of all the other members of

the household

Sohowever that the provisions of this sub-paragraph

do not apply in respect of an insurable employment

with effect from 2nd January, 2016 or thereafter; and

(b) where the head of household is entitled to Social

Assistance by reason of his being registered under Part

One of the Register referred to in sub-article (1), such

Social Assistance shall be payable on a daily basis;

and, for this purpose, such daily rate of assistance shall

be arrived at by dividing the aforesaid weekly rate of

such assistance by six, but no such assistance shall be

payable in respect of Sundays

Provided that -

(i)

if there are special circumstances in any

household the weekly amount of Social

Assistance may be increased by the Director as

may be appropriate to meet those circumstances;

SOCIAL SECURITY

and

(ii) a head of household in receipt of Social

Assistance in accordance with the provisions of

this article, who is engaged as a trainee by the

Corporation established under the Employment

and Training Services Act on a rehabilitation

programme for ex-substance abusers shall, in

addition to the allowance paid by the

Corporation during the programme of training,

be entitled to receive such rate of Social

Assistance so as to ensure that the total amount

received does not exceed the National Minimum

Wage as is applicable to a person of eighteen

years of age or over in accordance with a

National Order issued under the Employment

and Industrial Relations Act;

(iii) a head of household, reaching the age of twenty-

three (23) or over, who is in receipt of Social

Assistance in accordance with the provisions of this

article, who is enrolled in the University of Malta or

MCAST course of studies, shall be entitled to

receive such rate of Social Assistance and stipend so

as to ensure that the total amount received does not

exceed the National Minimum Wage as is

applicable to a person of eighteen (18) years of age

or over in accordance with a National Order issued

under the Employment and Industrial Relations

Act;

SOCIAL SECURITY

(iv)

where two or more persons have been housed

together in the community as part of a

rehabilitation programme for ex-inmates of a

state-owned hospital for mental diseases on the

recommendation of the Mental Health Review

Tribunal established under the Mental Health

Act, the Director shall consider each of such

persons as forming a household on his own;

sohowever that, where any such person is

gainfully occupied notwithstanding the foregoing

provisions of this sub-article, he shall be entitled to

social assistance in accordance with the provisions

of this article even if he is not registered as an

unemployed person as aforesaid in sub-article (1);

and where such person is gainfully occupied,

notwithstanding the provisions of the foregoing

provisions of this sub-article, he shall be entitled to

such weekly amount by way of social assistance so

as to ensure that his total weekly means, calculated

in accordance with Part VI of the Second Schedule

to this Act, together with the scale rate as

applicable in terms of this paragraph and as

determined by Part I of the Sixth Schedule to this

Act do not exceed the national minimum wage as

is applicable to persons of 18 years of age or over

established by a National Standard Order issued

under the Employment and Industrial Relations

Act during the period in respect of which

assistance is due; and

(v)

where a member, other than the head of

household and his wife, is an employed person

or a self-employed person or a self-occupied

person, if his gross wage or gross income or his

gross earnings, as the case may be, does not

exceed 35% of the national minimum wage as is

applicable to persons of 18 years of age or over

established by a National Standard Order issued

under the Employment and Industrial Relations

Act, during the period in respect of which Social

Assistance is due, such a member shall, for the

purposes of this sub-article, not be deemed to be

an employed person or a self-employed person

or a self-occupied person; and

(vi) where the head of household is engaged under a

scheme in accordance with paragraph (iii) of the

proviso to sub-article (1), then the rate of

assistance for such household in accordance

with Part I of the Sixth Schedule is to be

increased to seventy-five percent (75%) of the

national minimum wage as applicable to persons

of eighteen years of age or over as established

by a National Standard Order issued under the

Employment and Industrial Relations Act

SOCIAL SECURITY

Provided further that, where any member of

the household becomes gainfully occupied as a

result of any of the Manpower Incentive

Schemes announced by Government, such

member shall not, for the purposes of awarding

and calculating any Social Assistance due to the

head of household under this article, be deemed

to be an employed person or a self-employed

person as aforesaid in this article during the first

28 weeks of his entitlement to any benefit, income,

privilege or grant accruing to him under any of the

Schemes as aforesaid, and any such benefit,

income, privilege or grant shall not be taken into

account during the aforesaid 28-week period;

(vii) where a person, who is in receipt of Social

Assistance for a minimum of two years in the

three years preceding the claim, partakes in

insurable employment, the entitlement for Social

Assistance shall not cease, and that person shall

be entitled to 65% of the rate for the first year, to

45% of the rate for the second year and 25% of

the rate for the third year. The employer shall be

entitled to 25% of the rate for every year for a

maximum of three years. The differences of 10%

for the first year, 30% for the second year and

50% for the third year shall be transferred to a

training fund set up for this purpose

Provided that, notwithstanding the provisions of

this sub-paragraph (vi), with effect from 1st

January, 2015, where the head of household is a

single parent with children under the age of 23

living in the same household, the said head of

household shall not have to satisfy the requisite

of being in receipt of Social Assistance for two

years in the last three years

Provided further that, notwithstanding the

provisions of this sub-paragraph (vi), with effect

from 1 st January 2018 where a person, who is in

receipt of Social Assistance for a minimum of one

year in the three years preceding the claim,

partakes in insurable employment, the entitlement

for Social Assistance shall not cease, and that

person shall be entitled to 65% of the rate

applicable for the first year, to 45% of the rate

applicable for the second year and 25% of the rate

applicable for the third year. The employer shall be

entitled to 25% of the rate applicable for every year

for a maximum of three (3) years

Provided further that notwithstanding the

provisions of this sub-paragraph, with effect from

1st January 2023 when a person, who has been in

receipt of Social Assistance for more than one (1)

SOCIAL SECURITY

year in the three (3) years preceding the claim, and

partakes in insurable employment, the entitlement

for Social Assistance shall not cease immediately,

however that person shall still be entitled to

seventy-five percent (75%) of the rate applicable

for the first (1) year, to fifty-five percent (55%) of

the rate applicable for the second (2) year and

thirty-five percent (35%) of the rate applicable for

the third (3) year. The employer shall be entitled to

twenty-five percent (25%) of the rate applicable

for every year for a maximum of three (3) years;

(viii) with effect from 1st January, 2015, a person who

is in receipt of Social Assistance for a minimum

of two years in the three years preceding the claim

and who contracts a marriage or a civil union

with a person engaged in a gainful occupation,

shall not forfeit the right for Social Assistance

but will be entitled to 65% of the rate for the

first year, 45% of the rate for the second year and

25% of the rate for the third year

Provided that, notwithstanding the provisions of

this sub-paragraph, with effect from 1st January

2018, a person who is in receipt of Social

Assistance for a minimum of one year in the three

years preceding the claim and who contracts a

marriage or a civil union or a cohabitation in

accordance with the terms and provisions of the

Cohabitation Act, with a person engaged in an

insurable occupation, shall not forfeit the right for

Social Assistance but will be entitled to 65% of the

rate applicable for the first year, 45% of the rate

applicable for the second year and 25% of the rate

applicable for the third (3) year

Provided further that notwithstanding the

provisions of this sub-paragraph, with effect from

1st January 2023, a person who is has been in

receipt of Social Assistance for more than one (1)

year in the three (3) years preceding the claim and

who contracts a marriage or a civil union or a

cohabitation in accordance with the terms and

provisions of the Cohabitation Act with a person

engaged in an insurable employment, the

entitlement for Social Assistance shall not cease

immediately, however that person shall be entitled

to seventy-five percent (75%) of the rate applicable

for the first (1) year, to fifty-five percent (55%) of

the rate applicable for the second (2) year and to

thirty-five percent (35%) of the rate applicable for

the third (3) year.

SOCIAL SECURITY

(7) Where the head of household is a single parent who is

unable to take up a full time gainful occupation as he has to take

care of his own child, he shall be entitled to social assistance in

accordance with the provisions of this article even if he is not

registered as an unemployed person as aforesaid in sub-article (1);

and where such single parent is gainfully occupied,

notwithstanding the provisions of sub-article (6), he shall be

entitled to such weekly amount by way of social assistance so as to

ensure that his total weekly means, calculated in accordance with

Part VI of the Second Schedule to this Act, together with the scale

rate as applicable to a household of two persons, as determined by

Part 1 of the Sixth Schedule to this Act do not exceed the national

minimum wage as is applicable to persons of 18 years of age or

over established by a national standing order issued under the

Employment and Industrial Relations Act during the period in

respect of which assistance is due.

(7A) (i) Notwithstanding the provisions of sub-article (7), with

effect from 1st January, 2015, the head of household

who is a single parent with children under the age of

23 livi ng in t he sam e hou sehol d, wil l b e abl e to

participate in a gainful occupation and benefit from the

provisions of sub-article (6)(vi), sohowever that the

difference of 10% in the first year, 30% in the second

year and 50% in the third year shall not be transferred to

the Training Fund.

(ii) With effect from 1st January, 2015, where the child is over

the age of one year, the head of household who is a single

parent under the age of 23 and not engaged in a gainful

occupation, is obliged to participate in the Youth

Guarantee under the supervision of the Ministry

responsible for Employment, in order to maintain the right

for Social Assistance.

(8)

Deleted by: XVI. 2017.29.

(9) Any member of a household who is admitted into a

therapeutic community centre for the rehabilitation of drug or

alcohol addicts in Malta as may from time to time be recognised by

the Minister for the purpose of this sub-article, and who as a result

of such admittance into such a therapeutic centre becomes entitled

to assistance under this article, shall be entitled to receive an

allowance at the applicable rate in accordance with Part 1 of the

Fourteenth Schedule of this Act for as long as he is resident of a

centre as aforesaid and provided no change of circumstances takes

place in this respect.

(10) Revoked by Act II. 2004.21.

(11) The Director may, if he so deems fit in the circumstances of

the case, take proceedings before the competent Civil Court against

any of the following persons

(a) any person by whom maintenance is due to any person

in respect of whom Social Assistance is claimed or

received under this article (other than sub-article (8)

thereof); or

SOCIAL SECURITY

(b) such relatives being the spouse, father, mother, sons or

daughters as the case may be, of any person in respect

of whom Social Assistance is claimed or received

under this article (other than sub-article (8) thereof),

to compel them to refund any such assistance that is paid to or on

behalf of such person and the court shall order the refund of any

sum paid as Social Assistance up to such sum as would have been

due by such relatives or relative had the person to whom Social

Assistance is paid had claimed maintenance from such relatives in

accordance with the provisions of the Civil Code

Provided that notwithstanding that the person in respect of

whom Social Assistance has been paid by the Director may have in

a contract o f personal separation ren oun c ed to th e ri ght to

maintenance from his or her spouse, the Director may still claim

refund under this sub-article from the spouse of the person to whom

Social Assistance has been paid, and such spouse shall be liable to

r e f u n d s u c h S o c i a l A s s i s t a n c e t o t h e f u l l e x t e n t a s i f s uc h

renunciation had not taken place, unless it is proved to the

satisfaction of the Director that the party to whom Social

Assistance has been paid has been guilty of adultery or has

abandoned the other spouse as provided in articles 38 and 41 of the

Civil Code.

PART IV

PENSIONS IN RESPECT OF WIDOWHOOD

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 31 Pensions in respect of widowhood. — SOCIAL SECURITY ACT Open official source

A widow whose husband satisfies the relevant contribution

conditions as provided under article 17 on the date of his death, or

whose husband died as a result of personal injury caused by an

accident arising out of or in the course of his employment or self-

occupation, or deemed to be so in accordance with the provisions of

article 28, or as a result of an industrial disease as is referred to in

the said article 28, shall be entitled to a Widow’s Pension at the

pertinent rate shown in the Twelfth Schedule to this Act, or to a

Survivor’s Pension; and where this widow has the care and custody

of a child of her late husband or the care of a child in respect of which

an allowance is paid in accordance with article 76A, her rate of

pension under this article shall be increased in respect of each such

child by -

(a) the applicable additional allowance in accordance with

the Twelfth Schedule to this Act; or

(b) the applicable additional allowance in accordance with

the provisions of the Twelfth Schedule and the child or

children of the widow or widower concerned have not yet

reached the age of twenty-three (23); sohowever that

where a widow or widower is entitled to an increase in

their pension rate in accordance with this paragraph such

widow or widower shall not be entitled to the increase

referred to in paragraph (a).

Provided that, notwithstanding the provisions of

paragraphs (a) and (b), with effect from the 6 th January

SOCIAL SECURITY

2020, the applicable additional allowance in accordance

with the provisions of item I of the Twelfth Schedule

shall still be paid to a widow or widower, even if such

widow or widower is in an insurable employment or self-

occupation and such child has not yet reached the age of

eighteen (18).

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 32 Non-eligibility to a pension in widowhood. — SOCIAL SECURITY ACT Open official source

(1) Notwithstanding the provisions of article 31, a widow

under pension age who is gainfully occupied, shall not be entitled

to any pension mentioned in that article unless -

(i)

she proves to the satisfaction of the Director that

her earnings from any gainful occupation do not

exceed a weekly average equivalent to the

National Minimum Wage as is applicable to

persons of 18 years of age or over established by

a National Standard Order issued under the

Employment and Industrial Relations Act, and

Jobsplus had been duly informed of such gainful

occupation

Provided that no account shall be taken of the

earnings derived from membership of any

Board, committee, commission or council

established by or under any law or of such

classes of earnings as the Minister may declare

by order, published in the Gazette; or

(ii) she is over the age of sixty-five years.

(2) Notwithstanding the provisions of sub-article (1), a widow

under the age of 60 years who is taking care of her son or daughter

in respect of whom an allowance under article 76 is being paid or a

fostered child in respect of whom an allowance under article 76A is

being paid, and such son or daughter has not yet reached his or her

18th birthday shall still be entitled to a pension payable under this

Part whilst she is gainfully occupied, whatever the earnings derived

therefrom

Provided that with effect from the 6th January 2007, where

entitlement under the provisions of this article ceases to apply, such

widow shall continue to remain entitled to receive a pension under

this part, for the period starting from the first Saturday following

the date on which the son or daughter reaches the age of sixteen

years, or from the 6th January 2007, whichever is the later, and

ending on the Friday following the 21st birthday of the child if

(a) such widow is gainfully occupied and the earnings

from such gainful occupation exceed a weekly average

equivalent to the National Minimum Wage as

applicable to persons of eighteen years of age or over

established by a National Standard Order made under

the Employment and Industrial Relations Act and

Jobsplus had been duly informed of such gainful

occupation; and

SOCIAL SECURITY

(b) such son or daughter is undergoing full time education

or training in an educational institution recognized in

terms of the Education Act; or

(c) such son or daughter is registered in the Register

established under the Employment and Training

Services Act and who has never been gainfully

occupied, and who is not in receipt of any benefit,

pension or assistance payable under this Act

Provided further that the rate of pension payable under this

sub-article shall be abated by the difference obtained between such

widow’s actual earnings from a gainful occupation and the National

Minimum Wage as is applicable to persons of eighteen years of age

or over established by a National Standard Order made under the

Employment and Industrial Relations Act, but in no case shall

receive a rate of pension less than the Widow’s Pension rate in

terms of article 31 or 33 as may be applicable in her case

Provided that with effect from the 4th January 2014,

entitlement for the full Pension under Part IV shall not cease

notwithstanding such widow is gainfully occupied and the earnings

from such gainful occupation exceed the national minimum wage.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 33 Widow’s Pension to be abated by pension from late husband’s employer. — SOCIAL SECURITY ACT Open official source

Where a widow is entitled to receive a Widow’s Pension

under this Part, her rate of such pension shall be abated by any

pension that she is entitled to receive from a former employer of

her late husband in connection with his employment. So however

that, such abatement shall not exceed the amount that would have

been payable to the widow by the employer of her late husband,

had her husband died immediately after the date of the initial award

of his service pension

Provided that the amount by which her Widow’s Pension

under this Part may be abated in accordance with this article shall

not exceed €17.77 per week.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 33A Increased Widows’ Pension. — SOCIAL SECURITY ACT Open official source

(1) With effect from January 6, 1996, the rate of widows’

pension as abated in terms of article 33 and the proviso thereto,

shall be increased so as to ensure that such rate of pension together

with the rate of pension, as adjusted in accordance with the

provisions of th is A ct, such widow r eceives fro m a former

employer of her deceased husband, if any, is not less than the

applicable single rate of an Increased Retirement Pension payable

in terms of article 47(1)(ii), provided that such rate of pension does

not exceed the two-thirds pension that was or would have been

payable to the deceased husband in accordance with Part V of this

Act.

(2) With effect from the date mentioned in sub-article (1),

where a widow is not entitled to receive a pension from any of her

husband’s former employers, the rate of widow’s pension under this

Act to which she is entitled, shall be so increased to ensure that

such rate of pension is not less than the applicable rate of the

Increased National Minimum Pension payable in terms of article

63, provided that such rate of pension does not exceed five-sixths

of the two-thirds pension that was or would have been payable to

SOCIAL SECURITY

the deceased husband in accordance with Part V

Provided that with effect from the 2nd January 2016, a

widow or a widower who, when reaching pensionable age, will be

e nt it l e d to a p e ns i o n in h is or he r ow n na me u nd e r P a r t V,

sohowever that such pension is less favourable than the pension

due under this article, shall receive the same pensionable rate under

Part V which the spouse of the widow or widower would have

received or would have been entitled to, at the rate payable to a

married person who is maintaining his or her spouse

Provided further that, with effect from 1st January 2022, a

widow or widower who is entitled to a rate of pension under Part IV,

calculated on five-sixths of the two-thirds of the pensionable income

of the deceased spouse worked out in accordance with the provisions

of Part V, the proportion of five-sixths of the two-thirds shall be

substituted by the proportion shown in the Twelfth Schedule.".

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 34 Survivor’s Pension. — SOCIAL SECURITY ACT Open official source

Subject to the provisions of this Part, a widow whose

husband at the time of his death was or would have been entitled to

a Two-Thirds Pension under this Act, shall, if it is to her advantage,

be entitled to a Survivor’s Pension in lieu of any other pension

payable under the foregoing provisions of this Part

Provided that with effect from the 6th January, 1990, the

foregoing provisions of this article shall also apply in the case of a

widow whose husband has not yet reached his retirement at the

time of his death but who before such death had been an employed

person or a self-employed person or a self-occupied person for not

less than ten years in the aggregate and had paid the proper rate of

contributions under this Act at any time after the 21st day of

January, 1979.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 35 Full rate of Survivor’s Pension. — SOCIAL SECURITY ACT Open official source

Save as provided for in the proviso to article 37, the full

rate of a Survivor’s Pension shall be five-sixths of the Two-Thirds

Pension that was or would have been payable to the deceased

husband in accordance with Part V of this Act

Provided that with effect from the 1st January, 1987, where

the deceased husband had been, prior to reaching pension age,

entitled to a pension under article 26, and at any time thereafter

ceased to be entitled to such pension as a result of his becoming

gainfully occupied, any contributions credited under article 16

while the deceased husband was entitled to such pension shall, for

the purpose of assessing her right to a Survivor’s Pension, be taken

i n t o ac c o u n t ; s o h o w e v e r t ha t a n y s u c h n u m b e r o f c r e d i t e d

contributions as is taken into account shall not exceed the number

of contributions paid by the deceased husband between the date of

his cessation of entitlement to such pension and the date of his

retirement

Provided further that for the purposes of calculating a

Survivor’s Pension under the provisions of this Part, the Director

shall ignore any increase in any wage, salary or income reckoned

for the purpose of assessing the pensionable incom e of the

deceased husband which does not appear to him to be bona fide

SOCIAL SECURITY

Provided that with effect from the 2nd January 2016, a

widow or a widower who, when reaching pensionable age, will be

e n t it le d t o a pe nsi on i n hi s or h e r o wn n a m e un de r P a r t V,

sohowever that such pension is less favourable than the pension

due under this article, shall receive the same pensionable rate under

Part V which the spouse of the widow or widower would have

received or would have been entitled to.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 36 Survivor’s Pension plus pension from late husband’s employer not to exceed two-thirds of pensionable income. — SOCIAL SECURITY ACT Open official source

Where the widow is in receipt of a pension from a former

employer of the deceased pensioner which is in any way related to

the employment of the deceased pensioner prior to his death, if

such pension, as adjusted in accordance with the provisions of this

Act, and the rate of Survivor ’s Pension applicable in her case

together exceed two-thirds (or such other fraction as may have been

substituted therefor in accordance with article 55) of the

pensionable income of the deceased pensioner or, where the latter’s

pension had been reassessed in accordance with the provisions of

article 59, of the amount substituted for such pensionable income at

the time of the last such reassessment, the rate of Survivor ’s

Pension shall, save as provided for in the proviso to article 37, be

abated by such an amount as will ensure that the aforementioned

two-thirds are not exceeded.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 37 Reassessment of Survivor’s Pension. — SOCIAL SECURITY ACT Open official source

A Survivor’s Pension payable under the foregoing articles

shall be reassessed annually in accordance with the provisions of

article 59(1); and for the purposes of such reassessment the pension

that would have been payable to the deceased pensioner in

accordance with article 53 shall be determined as provided in

article 59(3)

Provided that any such reassessed Survivor’s Pension shall

be such as shall ensure to the widow an increase in pension of not

less than two-thirds of the wage increase that is required by law to

be awarded generally; sohowever that, where the yearly average of

contributions paid by or credited to her husband in accordance with

the provisions of articles 53 and 55 is less than 50 but not less than

15, the proportion of two-thirds referred to above in this proviso

shall be multiplied by the proportion that the yearly average of such

contributions bears to 50, and the result of such multiplication shall

substitute the said proportion of two-thirds.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 38 Disqualification from certain benefits. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

A widow who is in receipt of a Survivor’s Pension may not

receive any Sickness, Unemployment, Special Unemployment, or

Injury Benefit or any Injury Grant or Injury Pension under this Act.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 39 Entitlement to higher pension. — SOCIAL SECURITY ACT Open official source

A widow who is entitled to a Survivor’s Pension and also

to a Widow’s Pension under this Part, shall only be entitled to the

higher of such pensions.

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 40 Remarriage grant. — SOCIAL SECURITY ACT Open official source

(1) Subject to the provisions of sub-article (3), a widow

who is in receipt of any pension under this Part shall, upon

remarriage, continue to be entitled to receive a Widow’s Pension

for the period starting from the first Saturday following the date of

her remarriage, or the 6th January 2007, whichever is the later, and

ending on the Friday of the 260th week following the date of

marriage, at a weekly rate equivalent to the rate of Widows Pension

specified in the Twelfth Schedule, or, in the case were the rate is

assessed under article 42A, such rate as is apportioned under such

article, as was applicable in her case until the date of her remarriage

in terms of articles 31 or 33 and thereafter such pension shall cease

to be payable

Provided that, with effect from the 7th January, 2012, the

period of 260 weeks mentioned in this article shall be increased

annually by 52 weeks with effect from the first Saturday in January

of each year.

(2) Subject to the provisions of sub-article (1), with effect from

the 5th January 2013, a widow who remarried before 6th January 2007

and lost her right to a widows’ pension, will be entitled to a widows’

pension at a weekly rate equivalent to the rate of Widows Pension

specified in the Twelfth Schedule, or, in the case were the rate is

assessed under article 42A, such rate as is apportioned under such

article, as was applicable in her case until the date of her remarriage in

terms of articles 31 or 33.

(3) Entitlement to a Widow’s Pension under this article shall

also cease in the event of the demise of the spouse or if the widow

ceases to remain entitled to a pension in respect of widowhood in

terms of article 32, before the lapse of the period of entitlement in

accordance with the provisions of sub-article (1).

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 41 Payment of certain benefits under the National Insurance Act. — SOCIAL SECURITY ACT Open official source

Notwithstanding any other provisions of this Act, a widow

who on the 1st day of June, 1979, was in receipt of a Widow’s

Pension or a Widow’s Benefit or a Widow’s Allowance or a

Widow’s Special Allowance in accordance with the provisions of

the National Insurance Act, as in force on that date, shall remain

entitled under this Act to such pension, benefit or allowance as the

case may be, for so long as she would have remained so entitled

had those provisions remained operative after the date aforesaid

unless with effect from the 5th January 1991 the foregoing

provisions of this Part entitle her to a better rate of pension.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 42 Widow in state financed residential service. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

A widow who receives any pension or benefit under this

P a r t o f t h i s A c t a n d w h o i s a r e s i d e n t o f a St a t e F i n a n c e d

Residential Service as provided under article 93, shall have such

pension or benefit apportioned in the manner provided under that

article.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 42A Apportionment of pension in respect of widowhood where there is more than one widow. — SOCIAL SECURITY ACT Open official source

(1) Where the deceased insured person, as a consequence

of having been divorced, has one widow or more, the pension in

respect of widowhood shall be apportioned. Each widow, with the

exception of the actual widow, shall take a portion of the pension in

respect of widowhood which shall be based on her respective

period of marriage, meaning

SOCIAL SECURITY

(a) in the case where there was a divorce, from the date of

the marriage up to the date of divorce; and

(b) in the case where there was a personal separation, and

where no legal right to maintenance existed in favour

of the widow, from the date of marriage up to the date

of death of the insured person.

(2) The portion of the pension in respect of widowhood due to

the widow under sub-article (1)

(a) shall only be with respect to those years of the

marriage, as defined in sub-article (1), during which

the deceased husband was paying or was credited

social security contributions under this Act; and

(b) shall be calculated on the period provided for in

paragraph (a), which bears to the total period of

contribution years on which the contribution average

of the deceased husband is assessed for the purpose of

establishing his retirement pension in accordance with

this Act.

(3) The actual widow shall take such portion of the pension in

respect of widowhood as shall remain following apportionment

made in accordance with sub-articles (1) and (2).

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 42B Maximum rate of pension in respect of widowhood. — SOCIAL SECURITY ACT Open official source

In case of widows entitled to receive more than one

pension in respect of widowhood by virtue of this Part, the

aggregate amount payable as a pension in respect of widowhood

shall in no case exceed the maximum pension payable under article

35.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 43 Widower’s Pension. — SOCIAL SECURITY ACT Open official source

The foregoing provisions of this Part shall also apply,

mutatis mutandis, in the case of a widower.

PART V

PENSIONS IN RESPECT OF RETIREMENT

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 44 Entitlement to a pension in respect of retirement. — SOCIAL SECURITY ACT Open official source

Subject to the other provisions of this Act, a person shall

be entitled to a Retirement Pension, or Increased Retirement

Pension or National Minimum Pension or Increased National

Minimum Pension or the Guaranteed National Minimum Pension,

as the case may be, at one of the rates specified in the Twelfth

Schedule to this Act or a Two-Thirds Pension at such a rate as is

established in accordance with the provisions of articles 53 to 57

with effect from the date of his retirement if -

(a) on the date of his retirement he satisfies the relevant

contribution conditions; and

(b) he makes a claim therefor within six months of such

date. When he does not make a claim within six

months of his retirement the pension shall be payable

with effect from the day on which the claim is made.

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 45 Disqualification from a pension in respect of retirement. — SOCIAL SECURITY ACT Open official source

(Deleted by XXXII. 2007.51)

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 46 Option of widow claiming a pension in respect of retirement. — SOCIAL SECURITY ACT Open official source

When the person applying for a pension under this Part is a

widow, she shall be entitled to elect that, in calculating the yearly

average of the contributions paid by or credited to her, there shall

be treated as so paid or credited either -

(a) for each of her contribution years falling wholly or

partly before her husband’s death, or

(b) for each of her contribution years falling wholly or

partly during the period of her marriage,

a number of contributions equal to the yearly average of the

contributions paid or credited to her husband (being the yearly

average which was ascertained in connection with her claim for a

pension under Part IV of this Act, or would have been so

ascertained if she had made such a claim) instead of the number of

contributions actually paid by or credited to her for that year

Provided that paragraph (a) shall only apply to an actual

widow and only with respect to those contributions as not already

credited to any other widow.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 47 Entitlement to Retirement Pension and Increased Retirement Pension. — SOCIAL SECURITY ACT Open official source

(1) Subject to the provisions of this Act, where a person

is entitled to a Service Pension -

(i)

with effect from the first Saturday of January,

1991, if his Service Pension and the rate of

Retirement Pension applicable in his case

together exceed two-thirds of his pensionable

income, such person shall be entitled to a

Retirement Pension; or

(ii) if his Service Pension and the rate of Retirement

Pension applicable in his case in terms of the

foregoing provisions of this sub-article together

do not exceed two-thirds of his pensionable

income, such a person shall be entitled to an

Increased Retirement Pension or such part

thereof as shall ensure that the aforementioned

two-thirds of his pensionable income are not

exceeded. So however that, subject to the

maximum rate of pension payable as laid down

in article 54(b), for the purposes of awarding a

Two-Thirds pension, such rate of Increased

Retirement Pension as may be applicable in his

case, utilizing the same yearly average of

contributions taken in the award of such

pension, may be further increased by one-third

of the difference obtaining by deducting the sum

total of his service pension and the applicable

SOCIAL SECURITY

rate of Increased Retirement Pension payable to

him from the amount that is equivalent to two-

thirds of his pensionable income.

(2) For the purposes of this article the "current basic weekly

wage or basic salary" shall be taken to be that current on the first

Saturday of the year in respect of which any payment under this

article falls due.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 48 No right to particular pensions after 16th January, — SOCIAL SECURITY ACT Open official source

If the date of first entry in insurance of a person falls on or

after the 16th day of January, 1979, such a person shall not be

entitled to a Retirement Pension or to an Increased Retirement

1979. Pension or to a National Minimum Pension or to an Increased

National Minimum Pension under this Part, but shall be entitled to

the pension mentioned in article 52 under the conditions therein

mentioned, sohowever that with effect from 1 st January 2018, a person

whose first entry in insurance under this Act falls after the 16th of

January 1979, shall be eligible to a Retirement Pension or to an

Increased Retirement Pension or to a National Minimum Pension or to

an Increased National Minimum Pension under this Part.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 49 Proportion of completed months of service. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

For the purposes of article 47, where a person has been in

employment for less than thirty years in the aggregate prior to his

retirement, the references to the proportion of two-thirds shall be

substituted by references to the proportion that the number of

completed months of service bears to 540

Provided that, where the proportion which the Service

Pension of a person bears to his wage or salary and other

pensionable emoluments on which the said Service Pension was

based is higher than the proportion computed as aforesaid, the

references to the proportion of two-thirds shall be substituted by

references to such higher proportion, but the references to the

proportion of two-thirds shall in no case be substituted by a

proportion higher than two-thirds.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 50 National Minimum Pension. — SOCIAL SECURITY ACT Open official source

Subject to the provisions of this Act, a person born on or

before the 31st December 1961 who is not entitled to a Service

Pension shall be entitled under this Part to a National Minimum

Pension, the highest rate of which, including any increases in terms

of the provisions of article 90A, shall be equivalent to -

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

receipt of a social security pension, four-fifths, and

(b) in the case of any other person, two-thirds

of the national minimum wage as is applicable to persons of 18

years of age or over established by a National Standard Order

issued under the Employment and Industrial Relations Act during

the period in respect of which such pension is due

Provided that with effect from the 1st January 2016, a

person born on or after the 31st December 1961 who is not entitled

to a Service Pension shall be entitled to the Guaranteed Mininum

Level of Pension according to the Twelfth Schedule.

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 50A Guaranteed National Minimum Pension. — SOCIAL SECURITY ACT Open official source

Subject to the provisions of this Act, a person born on or

after the 1st January 1962, who reaches pensionable age, who is not

entitled to a Service Pension shall be entitled to a Guaranteed

National Minimum Pension which shall be payable at such rate

being not less than sixty percent of the National Median Income as

the Minister may, with the concurrence of the Minister responsible

for finance, by order under this article from time to time establish

and in any case, such Guaranteed National Minimum Pension shall

not be less than that established for the preceding year.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 51 Decreased National Minimum Pension. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

Notwithstanding the provisions of articles 47 and 49,

where a person is entitled to a Service Pension and his Service

Pension together with the rate of Retirement Pension or Increased

Retirement Pension applicable in his case is less than the rate of the

National Minimum Pension in terms of article 50 or the Guaranteed

National Minimum Pension in terms of article 50A as is applicable

in his case, such person shall be entitled to the National Minimum

Pension or the Guaranteed National Minimum Pension as

applicable, abated by his Service Pension.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 52 Qualifying condition for a Two-Thirds Pension. — SOCIAL SECURITY ACT Open official source

A person -

(a) who has been an employed or self-employed or self-

occupied person for not less than ten years in the

aggregate prior to his retirement; and

(b) whose retirement occurs on or after the 16th day of

January, 1979; and

(c) who has paid the proper rate of contribution under this

Act at any time after the 21st day of January, 1979,

shall be entitled to a Two-Thirds Pension under and in accordance

with the provisions of this Part in lieu of a Retirement Pension, or

Increased Retirement Pension or National Minimum Pension or

Increased National Minimum Pension, if the rate of such two-thirds

Pension is more advantageous to the pensioner.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 53 Full rate of the Two-Thirds Pension. — SOCIAL SECURITY ACT Open official source

(1) The full rate of the Two-Thirds Pension mentioned

under article 52 shall be two-thirds of the pensionable incomes of

the insured person who has paid or been credited with a yearly

average of fifty contributions over a period -

(i)

of thirty years in the case of a person born on or

before the 31st December 1951; or

(ii) of thirty five years in the case of a person born

during calendar years 1952 to 1961; or

(iii) of forty years in the case of a person born during

calendar years 1962 to 1968; or

(iv) of forty-one years in the case of a person born on

or after the 1st January 1969;

(v) of forty-two years in the case of a person born on

or after the 1st January 1976;

(vi) in the case of a person who is entitled to a

pension under article 26, for such other smaller

number of years, or

(vii)

in awarding a Survivor’s pension in accordance

SOCIAL SECURITY

with the proviso to article 34, for such other

smaller number of years as may correspond to

the number of years since the eighteenth

birthday of the deceased spouse and the date of

his death,

as corresponds to the number of years from the 1st day of January,

1956, or if the person so elects, from the 1st day of January, 1965,

up to the end of the contribution year immediately preceding his

retirement

Provided that -

(a) in the case of a person born on or before the 31st

December 1961 the period of years to be taken into

account in accordance with this article shall include

the last ten consecutive years ending on the last day of

the contribution year immediately preceding his

retirement; and

(b) save as provided for in paragraph (d) of this proviso,

no account shall be taken of contributions credited

under article 16 while the person was entitled to a

pension under article 26; and

(c) in the case of a self-employed person who has paid

less than 156 contributions after the 21st day of

January, 1979, where the Director is satisfied that such

lack of contributions was due to circumstances beyond

the control of the self-employed person concerned, the

said proportion of two- thirds shall be substituted by

such other proportion as the number of contributions

paid after the 21st day of January, 1979, bears to 234;

otherwise, such self-employed person shall not be

entitled to a Two-Thirds Pension under this article but

shall instead be entitled to a pension as is payable

under and in accordance with the other provisions of

this Part; and

(d) with effect from the 1st January, 1987, where a person

was, at any time, entitled to a pension under article 26,

and thereafter ceased to be entitled to such pension as

a result of his becoming gainfully occupied, any

contributions credited under article 16 while he was

entitled to such pension shall, for the purposes of

assessing his right to a Two-Thirds Pension under this

Act, be taken into account notwithstanding the

provisions of paragraph (b) of this proviso; sohowever

that, any such number of such credited contributions as

is taken into account shall not exceed the number of

contributions paid by him between the date of his

cessation of entitlement to such pension and the date

of his retirement

Provided further that, where a person had paid contributions

after the 21st January 1979 and was at any time thereafter entitled

to a pension under article 26, with effect from the 4th January,

1992, any contributions credited under article 16 after the 21st

SOCIAL SECURITY

January 1979 while he was entitled to such pension shall, for the

purposes of assessing his right to a Two-Thirds Pension under this

Act, be taken into account notwithstanding the fact that thereafter

he never ceased to be entitled to such pension as aforesaid in the

foregoing proviso of this paragraph; sohowever that, any such

number of such credited contributions after the 21st January, 1979

as is taken into account shall not exceed the number of

contributions paid by him after the 21st January, 1979.

(2) The provisions of sub-article (1) (other than the provisions

of paragraph (d) of the first proviso thereto and the provisions of

the second proviso thereto and any references to the said paragraph

(d) in paragraph (b) of the said first proviso) shall have effect as

from the 22nd day of January, 1979.

(3) For the purposes of this article, in the case of a person born

on or before the 31st December 1961 and with effect from the 22nd

January 1979, in arriving at the yearly average of contributions

referred to in sub-article (1), the yearly average of the contributions

as is related to the last ten consecutive years referred to in

paragraph (a) of the proviso to the aforesaid sub-article (1) and the

yearly average of the contributions as is related to the years

immediately prior to the said last ten consecutive years shall be

assessed separately and the mean of these two yearly averages shall

constitute the yearly average of contributions that is required under

this Act for the purpose of awarding a Two-Thirds Pension.

(4) For the purposes of this article, in the case of a person born

between the 1st January 1962 and the 31st December 1968, in

arriving at the yearly average of contributions in terms of sub-

article (1), the yearly average of contributions required under this

Act for the purposes of awarding a Two Thirds Pension shall be

assessed on any period of forty years between the first day of his

contribution year in which he reaches the age of eighteen and the

last day of his last complete contribution year before the beginning

of his benefit year which includes the day on which the conditions

are required to be satisfied.

(5) In the case of a person born between the 1st January 1969 and

the 31 st December 1975, for the purpose of calculating the yearly

average of contributions in terms of sub-article (1), the yearly average

of contributions required in accordance with this Act for the purposes

of awarding a Two Thirds Pension shall be assessed on any period of

forty-one years between the first day of his contribution year in which

he reaches the age of eighteen and the last day of his last complete

contribution year before the beginning of his benefit year which

includes the day on which the conditions are required to be satisfied.

(6) In the case of a person born on or after the 1st January 1976,

for the purpose of calculating the yearly average of contributions in

terms of sub-article (1), the yearly average of contributions required in

accordance with this Act for the purposes of awarding a Two Thirds

Pension shall be assessed on any period of forty-two years between the

first day of his contribution year in which he reaches the age of

eighteen and the last day of his last complete contribution year before

the beginning of his benefit year which includes the day on which the

SOCIAL SECURITY

conditions are required to be satisfied.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 54 Minimum and maximum rates of the Two-Thirds Pension. — SOCIAL SECURITY ACT Open official source

Where a person qualifies for the full Two-Thirds Pension

under article 53, then, notwithstanding the provisions of that

article, but subject to the provision of paragraph (c) of the proviso

thereto, that person shall in no case receive -

(a) less than the full rate of the National Minimum

Pension, inclusive of the additional allowance, payable

according to such person’s marital status, as is

specified in the Twelfth Schedule; or the Guaranteed

National Minimum Pension payable in terms of article

50A, as the case may be; or

(b) more than the highest rate of a Two-Thirds Pension in

accordance with the Twelfth Schedule to this Act.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 55 Reduced rates of the Two-Thirds Pension. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

Where a person would be entitled to the full rate of a Two-

Thirds Pension but for the fact that the yearly average of 50

contributions required by article 53 is not satisfied, such person

shall nonetheless be entitled, if the said average is not less than 15

t o a r e d u c e d Tw o - T h i r d s P e n s i o n ; a n d f o r t h e p u r p o s e o f

determining such reduced pension the proportion of two-thirds

referred to in articles 53 and 54 or any other proportion substituted

therefor in accordance with proviso (c) of the said article 53 shall

be multiplied by the proportion that the yearly average of

contributions paid or credited (other than those credited under

article 16 while the insured person was entitled to a pension under

article 26) bears to 50, and the result of such multiplication shall

substitute the said proportion of two-thirds.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 56 Abatement of the Two-Thirds Pension due to Service Pension. — SOCIAL SECURITY ACT Open official source

Where a person is entitled to a Service Pension, other than

a Service Pension which has been commuted, at any time, in whole,

any pension arrived at in accordance with the provisions of articles

53 to 55 of this Part shall be abated by the amount of such Service

Pension.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 57 Entitlement to more advantageous pension. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

Where a person qualifies for a pension under article 26 and

under Part IV of this Act and for a pension under this Part, he shall

be entitled to receive the pension which is more advantageous to

him, but only such pension; but when in accordance with this Part a

Two-Thirds Pension is paid to him, he shall continue to receive

only that pension.

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 58 Increases not considered in the assessment or re- assessment of a Pensionable Income. — SOCIAL SECURITY ACT Open official source

For the purposes of this Part, in calculating the pensionable

income, the Director shall ignore any increase in any wage, salary

or income reckoned for the purpose of assessing or reassessing

such pensionable income -

(a) which is meant to substitute -

(i)

any form of fringe benefit and/or personal

drawings, whether ex-cash or ex-bank, to which

the person concerned would have otherwise been

entitled from his employer; and

(ii) any other form of income or remuneration which

was previously receivable by the person

concerned from any source and in respect of

which no contribution was payable;

(b) any other increase in such wage or salary which does

not appear to the Director to be bona fide; and

(c) any accelerated increment; and

(d) any remuneration for overtime, any form of bonus, any

extra allowances, any remuneration in kind or

commission which did not form part of the basic wage

or salary, and which in any manner becomes part of the

basic wage or salary during the period on which the

pensionable income is to be assessed

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

with reduced hours, the provisions of paragraph (d) shall not apply

with respect to any extra allowance 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.

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 59 Annual reassessment of pensions. — SOCIAL SECURITY ACT Open official source

(1) In respect of persons born on or before the 31st

December 1961, any pension issued under this Part shall be

reassessed annually with effect from the first Saturday in January

of the year of the reassessment as provided for in sub-articles (2) to

(6).

(2) In the case of a person whose retirement occurred before

the 22nd day of January, 1979 -

(i)

if on retirement he was an employed person,

such reassessment shall be effected by

substituting for the pensionable income the

current wage or salary, as on the effective date

of the reassessment, of the post he occupied

immediately before his retirement or of the post

on which the Service Pension was awarded,

whichever is the higher;

(ii) if on retirement he was a self-employed or self-

occupied person, such reassessment shall be

effected by substituting for the pensionable

income the current wage or salary, as on the

effective date of the reassessment, of the post on

which the Service Pension was awarded.

(3) In the case of a person whose retirement occurs on or after

the 22nd day of January, 1979, such reassessment shall be effected

by substituting for the pensionable income the aggregate of such

pensionable income and -

(i)

if he is to be treated as an employed person, the

amount by which the current wage or salary of

the highest post occupied during the best

consecutive period on which his pensionable

income had been computed exceeds, on the

effective date of the reassessment, the wage or

salary of the last post on which his pensionable

income had been computed on the date of

retirement; sohowever that, where the aforesaid

highest post was in Government service or so

analogued in terms of this sub-article, with

effect from the 5th January 1991 the aforesaid

current wage or salary pertaining to such highest

post shall be that currently paid to the occupier

of the current post in terms of and in accordance

with the new wage/salary structure for

Government employees as implemented by

Government with effect from 1st January 1991;

and, for this purpose, any service increments

that would become payable with effect from 1st

January 1994 in accordance with the aforesaid

new wage/salary structure to the occupier of

such highest post shall only be taken into

account if such increments have already been

acquired prior to his retirement

Provided that where the said best

consecutive period ends on the last day of the

SOCIAL SECURITY

year immediately preceding his retirement or his

becoming an invalid in terms of this Act, as the

case may be, the reference to the "highest post"

in this sub-paragraph shall include any post

occupied by the pensioner up to the date of his

retirement or invalidity as aforesaid;

(ii) if he is to be treated as a self-employed or self-

occupied person, the total wage increases

required by law to be awarded generally in

respect of the period intervening between the

date of retirement and the effective date of the

reassessment.

(4) Where any of the posts referred to in the foregoing

provisions of this article no longer exists, -

(a) if such post was occupied in Malta, there shall be

substituted therefor such analogous post in Malta in

the service of the Government of Malta or, where such

analogous post does not exist in the service of the

Government of Malta, in the service of any parastatal

organization in Malta, which carried a wage or salary

most nearly corresponding to that of the first

mentioned post at the time when it was last occupied

by the pensioner

Provided that notwithstanding the provisions of this

paragraph, with effect from 1st January, 2015, any salary

that should be analogued with the wage/salary structure

for Government employees, will be effected from the

date of the company’s closure or the post at the place of

work ceased to exist; or

(b) if such post was occupied outside Malta, -

(i)

where a Service Pension has been awarded to the

pensioner on such post, there shall be substituted

therefor such analogous post in the country

where such employment existed as is available

in the service of the Government of that country

or, where such analogous post does not exist in

the service of that Government, in the service of

any parastatal organization in that country,

which carried a wage or salary most nearly

corresponding to that of the first mentioned post

at the time when it was last occupied by the

pensioner; and

(ii) where no Service Pension has been awarded to

the pensioner on such post, the provisions of

paragraph (a) of this proviso shall apply

notwithstanding the fact that such post was

occupied outside Malta.

(5) For the purposes of this article but save as provided for in

article 54, the amount to be substituted for the pensionable income

shall be greater than the amount substituted for the pensionable

income on the occasion of the previous reassessment by a sum of

SOCIAL SECURITY

not less than that of the total wage increases required by law to be

awarded generally in respect of the period following the said last

reassessment; and where a reassessment is made for the first time,

the amount to be substituted for the pensionable income of a person

shall be greater than his pensionable income by not less than the

total wage increases as aforesaid in respect of the period following

the date of his retirement.

(6) For the purposes of this article, with effect from the 22nd

day of January 1979, in establishing the current wage or salary

pertaining to a post which had been occupied by the pensioner prior

to his retirement, any service incremental stages, if any, within the

wage or salary scale pertaining to that post shall only be taken into

account if such incremental stages had already been reached by the

pensioner prior to his retirement.

(7) In respect of persons born on or after the 1st January 1962,

pensions under this Part, with effect from the first Saturday of

January of each year, shall be increased annually by such sum as

corresponds to seventy percent of the percentage increase in the

national average wage as published by the National Statistics

Office established by virtue of article 9 of the Malta Statistics

Authority Act, for the previous calendar year plus thirty percent of

the inflation rate as published by the said National Statistics Office

for the previous calendar year; and the provisions of article 90A

shall not apply to such pensions

Provided that, with effect from the 1 st of January 2024, the

provisions of this sub-article shall also apply in respect of persons born

on the 31 st of December 1961 or before.

(8) Notwithstanding the provisions of this article, with effect from

1 st January 2018, a pension paid under Part V shall be reassessed also

when the pensioner who reaches the age of 65 is receiving a reduced

pensioner’s rate due to a deficiency in the average contributions, by

considering those contributions paid by the pensioner by virtue of an

insurable occupation which occurs after the pensionable age.

(9) Notwithstanding the provisions of this article, with effect from

the 1st of January 2024, any pension issued under this Part shall be

reassessed, with effect from the first Saturday in January of the year as

provided for in sub-articles (2) to (6), and the provisions of sub-article

(7) shall apply for the subsequent years.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 60 Pension based on credited contributions. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

A person who during the last ten calendar years

immediately preceding his retirement was not liable to pay a

contribution under this Act shall not be debarred from receiving a

Two-Thirds Pension if, for each contribution week during the said

ten years, he was entitled to a credited contribution in accordance

with article 16; and, for the purpose of assessing his pensionable

income, his date of retirement shall be deemed to be the last day of

his employment or self-occupation, as the case may be.

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 61 Persons in receipt of a pension in respect of invalidity. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

The pensionable income of a person who becomes entitled

to a Two-Thirds Pension under this Part and who immediately

before becoming so entitled was in receipt of a pension under

article 26, shall be that specified in the Thirteenth Schedule to this

Act or, where the person concerned is entitled to a Service Pension,

the current wage or salary of the post on which his Service Pension

was awarded, whichever is the higher; and for this purpose the

"current wage or salary" shall be taken to be that current on the first

Saturday of the year in respect of which any payment under this

article falls due.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 61A Persons who have partaken of an early retirement as a result of a privatization process. — SOCIAL SECURITY ACT Open official source

The pensionable income of a person born 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 or as a part of the process of

restructuring 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, 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

Provided that, with effect from 1 st January 2019, the provisions

of this article shall also apply to a person born before 1 st 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 the 1st January 2003, in anticipation of the

privatization or as a part of the process of restructuring 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.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 62 Pension payable to the single rate to a married person. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

Where a married person becomes invalid or suffers any

permanent loss of physical or mental faculty arising out of his

employment 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.

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 63 Increased National Minimum Pension. — SOCIAL SECURITY ACT Open official source

(1) A person who is entitled to a National Minimum

Pension in virtue of the provisions of articles 50 and 51 shall, in its

stead but subject to and in accordance with the following

provisions, be entitled to an Increased National Minimum Pension

at one of the rates payable in accordance with the Twelfth Schedule

to this Act, or to such part thereof, if any, as shall ensure that his

rate of such pension does not exceed two-thirds of his pensionable

income. So however, that where such rate of pension does not

exceed two-thirds of his pensionable income, subject to the

maximum rate of pension payable in terms of article 54 for the

purposes of awarding a Two-Thirds Pension, such rate of pension,

utilizing the same yearly average of contributions taken for the

award of such pension, may be further increased by one-third of the

difference obtaining by deducting such rate of pension from the

amount taken by way of two-thirds of his pensionable income.

(2)

For the purposes of sub-article (1) -

(i)

the pensionable income mentioned therein shall,

in each and every case, be substituted with effect

from the first Saturday of the year in respect of

which any payment under this article falls due in

the manner provided for by article 59(3),

irrespective of the date of retirement; and

(ii) the proportion of two-thirds mentioned therein

shall, where the yearly average of contributions

ascertained in connection with the claim for a

pension under this Part is less than 50, be

multiplied by the proportion that such yearly

average bears to 50, and the result of such

multiplication shall substitute the said

proportion of two-thirds.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 64 National Minimum Pension Additional Allowance. — SOCIAL SECURITY ACT Open official source

Any person who is entitled to a National Minimum Pension

in virtue of the provisions of articles 50 and 51 shall, in addition to

such pension, receive a National Minimum Pension Additional

Allowance in accordance with the Twelfth Schedule to this Act,

and, for the purposes of this Act, such allowance shall be treated as

if it were a pension payable under this Act.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 64A Retirement before pension age. — SOCIAL SECURITY ACT Open official source

Notwithstanding the provisions of this Part, a person who

has attained the age of sixty-one years but has not yet attained

pension age, may after attaining sixty-one years of age claim a

pension payable under this Part before attaining pension age if such

person is no longer gainfully occupied and has since reaching his

eighteenth birthday had a total of

(i)

2132 paid or credited contributions in the case of a

person born on or after the 1st January 1969

sohowever that -

(a) persons born in the calendar year 1969 must

have 1612 paid contributions from the total 2132

contributions required,

(b) persons born in the calendar year 1970, must

have 1664 paid contributions from the total 2132

SOCIAL SECURITY

contributions required,

(c) persons born in the calendar year 1971, must

have 1716 paid contributions from the total 2132

contributions required,

(d) persons born in the calendar year 1972, must

have 1768 paid contributions from the total 2132

contributions required,

(e) persons born in the calendar year 1973 or later

must have 1820 paid contributions from the total

2132 contributions required;

(ii) 2080 paid or credited contributions in the case of a

person born between the 1st January 1962 and the 31st

December 1968; or

(iii) 1820 paid or credited contributions in the case of a

person born during calendar years 1952 to 1961.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 64B Five yearly review. — SOCIAL SECURITY ACT Open official source

(1) The Minister shall within intervals not exceeding the

period of five years lay on the Table of the House a report

reviewing the workings of Part V of this Act within the previous

five years together with recommendations, if any, with a view of

achieving further adequacy, sustainability and social solidarity in

such manner that a stable proportion is kept between the

contribution periods as referred to in article 53 and the periods of

time during which it is expected that the pension will be paid in

accordance with Part V of this Act

Provided that the first report shall not be submitted later

than the 31st December 2020, and subsequent reports shall be

submitted at intervals of not more than five years, as provided for

in this sub-article, after such date.

(2) The report mentioned in sub-article (1) shall be discussed

by the Social Affairs Committee of the House or any other

committee substituting the same.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 64C Mandatory Second Pension. — SOCIAL SECURITY ACT Open official source

(1) It shall be lawful for the Minister, in concurrence with

the Minister responsible for finance, from time to time, to make and

when made vary any regulations under this article requiring

persons who have not reached pension age and their employers as

the case may be, to make contributions into Second Pension funds

which provide for the payment of a regular income or other benefits

to such persons and, or their dependants after or upon reaching

pension age and may in particular by such regulations provide for

the rate of contributions payable as well as the method and times

when such payments are to be made.

(2) Any sum or other benefit payable by Second Pension funds

to which such regulations may refer shall not be considered as

Service Pensions for the purposes of this Act.

(3) Second Pension funds shall be funds governed by the

Special Funds (Regulation) Act.

(4) No regulation, or any amendment thereto or any

substitution or revocation thereof, made under this article shall

SOCIAL SECURITY

have effect unless it has received the prior approval of the House

signified by resolution.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 64D Voluntary Third Pension. — SOCIAL SECURITY ACT Open official source

(1) The Minister may, with the concurrence of the

Minister responsible for finance, provide for exemptions,

deductions against chargeable income, or relief from income tax in

respect of contributions made by any person to a Third Pension

which provide for the payment of a regular income or other benefits

to such persons and, or their dependants in line with the provisions

of the Special Funds (Regulation) Act or the Retirement Pensions

Act.

(2) Any sum or other benefit payable by Third Pension funds

referred to in this article shall not be considered as Service

Pensions for the purposes of this Act.

(3) Third Pension funds shall be funds governed by the Special

Fun ds (Regul atio n) Act , or the Insu rance Business Act , as

applicable.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 65 Pensioners in state financed residential service. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

A pensioner who receives any pension under this Part of

the Act and who or whose spouse, as the case may be, becomes a

resident of a State Financed Residential Service as provided under

article 93, shall have such pension apportioned in the manner

provided under that article.

PART VI

OTHER PENSIONS, BENEFITS AND ALLOWANCES

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 66 Age Pension. — SOCIAL SECURITY ACT Open official source

(1) Save as provided for in article 96 and subject to the

other provisions of this Act, a person who -

(a) has attained the age of sixty years; and

(b) shows to the satisfaction of the Director that -

(i)

he/she is a citizen of Malta and normally resides

in Malta; and

(ii) 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, shall be equivalent to

80%, and in the case of widowed or single

persons, up to 60% of the national minimum

wage as is applicable to persons of eighteen

years of age or over established by a National

Standard Order issued under the Employment

and Industrial Relations Act during the period in

respect of which such pension is due, and as is

specified in Part II of the Sixth Schedule to this

Act according to his category,

shall be entitled to an Age Pension under this Act in accordance

with the provisions of sub-article (2).

(2)

A person who becomes entitled to a pension under sub-

SOCIAL SECURITY

article (1) shall receive such weekly rate of pension as will bring

his total weekly means calculated in accordance with the provisions

of sub-article (1) up to the highest rate of pension payable in

ac c o r d a n c e w i t h P a r t I I o f t h e S i x t h S c h e d u l e t o t h i s A c t ;

sohowever that, save as provided for in article 96 and in the second

proviso to paragraph 4 of Part IV of the Second Schedule to this

Act, 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.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 67 Parent’s Pension. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

The parent of a person who dies as a result of a personal

injury caused by an accident arising out of or in the course of his

employment or self-occupation or deemed to be so in accordance

with the provisions of article 28 or as a result of an industrial

disease as is referred to in that article shall be entitled for life to a

Parent’s Pension at the rate set out in the Twelfth Schedule to this

Act from the date of the person’s death, if at that date he/she -

(i)

was being wholly or mainly maintained by him/

her or would but for the relevant accident have

been so maintained; and

(ii) was either over pension age, or was permanently

incapable of self-support

Provided that if both parents of the deceased person are

e n t i t l e d t o a P a r e n t ’s P e n s i o n , a n y s u c h p e n s i o n s h a l l b e

apportioned equally between each of the parents.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 68 Carer’s Allowance and Increased Carer’s Allowance and Carer’s Grant. — SOCIAL SECURITY ACT Open official source

(1) (a) Subject to the provisions of this Act, a single person or

a married person or a person who proves to the satisfaction of the

Director, by providing the necessary documentation, that they have

been cohabiting in similar circumstances to marriage, civil union or

registered cohabitation for at least ten (10) years immediately prior to

the application and that such cohabitation was not registered due to

pending legal proceedings who has not yet reached pension age in

accordance with the provisions of this Act and who proves to the

satisfaction of the Director that he is a citizen of Malta or of the

European Union and is regularly residing in Malta, shall be entitled to

a Carer’s Allowance in accordance with sub-article (2)(a), if such

person proves to the satisfaction of the Director that he is taking care,

all by himself, on a full-time basis and regularly of his spouse or

parent, brother, sister, grandparent, uncle, aunt, father or mother-in-

law, or brother or sister-in-law and who is living in the same household

as that of such person.

(b) Subject to the provisions of this Act, a single or a

married person or a person who proves to the

satisfaction of the Director, by providing the necessary

documentation, that they have been cohabiting in similar

circumstances to marriage, civil union or registered

cohabitation for at least ten (10) years immediately prior

to the application and that such cohabitation was not

registered due to pending legal proceedings who has not

yet reached pension age in accordance with the

provisions of this Act and who proves to the

SOCIAL SECURITY

satisfaction of the Director that he is a citizen of Malta

or of the European Union and is regularly residing in

Malta, shall be entitled to an Increased Carer’s

Allowance in accordance with sub-article (2)(b), if

such person proves to the satisfaction of the Director

that he is taking care, all by himself, on a full-time

basis and regularly of his spouse or parent, brother,

sister, grandparent, uncle, aunt, father or mother-in-

law, or brother or sister-in-law and who is living in the

same household as that of such person.

(c) Subject to the provisions of this Act, with effect from

1st January 2021, a single or a married person who has

reached pension age and not in receipt of a pension,

benefit, assistance or allowance under the provisions

of this Act, and certified medically fit and who proves

to the satisfaction of the Director that he is a citizen of

Malta or of the European Union and is regularly

residing in Malta, shall be entitled to a Carer’s

Allowance or an Increased Carer’s Allowance in

accordance with paragraphs (a) and (b) of sub-article

(2), if such person proves to the satisfaction of the

Director that he is taking care, all by himself, on a full-

time basis and regularly of his parent, brother, sister,

grandparent, uncle, aunt, father or mother-in-law, or

brother or sister-in-law and who is living in the same

household as that of such person.

(d) Subject to the provisions of this Act, with effect from 1st

January 2021, a parent who is not in employment or self-

occupation and has not yet reached pensionable age and

who proves to the satisfaction of the Director that he is a

citizen of Malta or of the European Union and is

regularly residing in Malta, shall be entitled to a Carer’s

Grant of three hundred euro (€300) annually, if such

parent proves to the satisfaction of the Director that he is

taking care, all by himself, on a full-time basis and

regularly of a child in receipt of an Increased Severe

Disability Assistance under the provisions of this Act;

(e) Subject to the provisions of this Act, with effect from 1st

January 2022, a parent who is not in employment or self-

occupation and has not yet reached pensionable age and

who proves to the satisfaction of the Director that he is a

citizen of Malta or of country of the European Union and

is regularly residing in Malta, shall be entitled to a

Carer’s Grant of five hundred euro (€500) annually, if

such parent proves to the satisfaction of the Director that

he is taking care, all by himself, on a full-time basis and

regularly of a child in receipt of an Increased Severe

Disability Assistance under the provisions of this Act.

(f)

Subject to the provisions of this Act, with effect from 1st

January 2023, a parent who is not in employment or self-

occupation and has not yet reached pensionable age and

who proves to the satisfaction of the Director that he is a

SOCIAL SECURITY

citizen of Malta or of a country of the European Union

and is permanently residing in Malta, shall be entitled to

a Carer’s Grant equivalent to fifty percent (50%) of the

net National Minimum Wage annually, where such parent

proves to the satisfaction of the Director that he is taking

care, all by himself, on a full-time basis and regularly of a

child who is in receipt of or children who are in receipt of

the Increased Severe Disability Assistance, under the

provisions of this Act.

(g) Subject to the provisions of this Act, with effect from 1st

January 2025, a parent who is unemployed or self-

occupied and has not yet reached pensionable age and

who proves to the satisfaction of the Director that he is a

citizen of Malta or of a country of the European Union

and is permanently residing in Malta, shall be entitled to

a Carer’s Grant equivalent to fifty percent (50%) of the

net National Minimum Wage annually, where such parent

proves to the satisfaction of the Director that he is taking

care by himself, on a full-time basis and regularly of a

child or children who are in receipt of the Disabled Child

Allowance and the result of the evaluation based on the

model of the World Health Organisation International

Classification of Functioning, Disability, and Health

(ICF), in claims further to the provisions of article 77, is

equal to, or exceeds seventy-five percent (75%) in

accordance with the provisions of the Fifteenth Schedule.

(2)

A person becomes entitled to -

(a) a Carer’s Allowance, as specified in Part IV of

the Sixth Schedule and according to the points

referred to in sub-article (3)(i) after the Director

will have acted on the advice given by the multi-

disciplinary panel appointed under article

106(f);

(b) an Increased Carer’s Allowance, as specified in

Part IV of the Sixth Schedule and according to

the points referred to in sub-article (3)(ii) after

the Director will have acted in accordance with

the advice given by the multi-disciplinary panel

appointed under article 106(f)

Provided further to this sub-paragraph (b) and

without prejudice to the provisions of article 90,

with effect from 1st January 2018, where a person is

in receipt of Social Assistance in accordance with

the provisions of article 30, and ceases to be so

entitled due to becoming entitled to an Increased

Carer’s Allowance, such person shall be entitled for

the weekly payment of an additional €8.15 for every

other member of household as Social Assistance

Provided further and without prejudice to the

provisions of article 90, with effect from 1st

January 2023, where a person is in receipt of

SOCIAL SECURITY

Social Assistance in accordance with the

provisions of article 30, and ceases to be so

entitled due to becoming entitled to a Carer’s

Allowance because he goes to live with any one

(1) of the persons mentioned in sub-article 1(b) to

care for said person, such person shall still be

entitled to the payment of the difference in rate

between the Social Assistance which he was

receiving and the Carers Allowance which he

becomes entitled to receive, if the rate of the

Carers Allowance is lower

Provided that such a person shall be entitled to a

Carers Allowance or the Increased Carers

Allowance equivalent to one hundred and fifty

percent (150%) of the highest rate that such person

is entitled to as specified in Part IV of the Sixth

Schedule, in accordance with the provisions of

sub-articles (1)(a) and (b), if such person is taking

care by himself, on a full-time basis and regularly

of more than one relative.

(3) The Allowance referred to in sub-article (2) shall be paid in

the following manner

(i) Carer’s Allowance

Barthel Index 9 - 12 (Medium Dependency)

Mini-Mental State Examination 10 - 19 (Medium

Weakening)

(ii) Increased Carer’s Allowance

Barthel Index 0 - 8 (High Dependency)

Mini-Mental State Examination 0 - 9 (High

Weakening).

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 69 Orphan’s Allowance and Orphan’s Supplementary Allowance. — SOCIAL SECURITY ACT Open official source

(1) Any person who has the care of a child of another

person shall, if both parents of the child are dead and at least one of

the parents was an insured person and a citizen of Malta at the time

of his death, be entitled to an Orphan’s Allowance in accordance

with Part IV of the Third Schedule to this Act, in respect of each

such child.

(2) Any person who has the care of the son or daughter of

another person shall, if both parents of the said son or daughter are

dead and at least one of the parents was an insured person and a

citizen of Malta at the time of his death, be entitled to an Orphan’s

Supplementary Allowance in accordance with Part V of the Third

Schedule to this Act, in respect of each such son or daughter if such

son or daughter is -

(a) aged between 16 years and 21 years; and

SOCIAL SECURITY

(b) not following any gainful occupation the gross

earnings of which exceed a weekly average equivalent

to the difference between the equivalent of the national

minimum wage as is applicable to persons of 18 years

of age or over established by a National Standard

Order issued under the Employment and Industrial

Relations Act during the period in respect of which

such Orphan’s Supplementary Allowance is due and

the aforesaid weekly rate of Orphan’s Supplementary

Allowance.

(3) Where the gross earnings referred to in sub-article (2)

exceed the weekly average referred to in paragraph (b) of the said

sub-article (2), the weekly rate of the Orphan’s Supplementary

Allowance referred to in the said sub-article (2) shall be abated by

such an amount as shall ensure that the total of such average

weekly gross earnings and any Orphan’s Supplementary Allowance

payable under this article do not exceed the equivalent of the

aforesaid national minimum wage, sohowever that with effect from 1st

January 2018, the provisions of sub-article (3) shall cease to be

applicable.

(4) Where a person is in receipt of an Orphan’s Allowance

payable under sub-article (1), such person shall also be entitled to

receive the allowance which is payable in terms of article 76 in

respect of the same child, as long as he is entitled to such allowance

in terms of the articles aforesaid.

(5) For the purposes of this article, the provisions of article

80(2) (excluding its proviso) and of articles 81 and 83 shall apply

mutatis mutandis.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 70 Marriage Grant. — SOCIAL SECURITY ACT Open official source

Subject to the provisions of this Act, a person who marries

on or after the commencement date of this Act, and who was an

employed person or a self-employed or self-occupied person for at

least six months at any time prior to his marriage and is ordinarily

resident in Malta shall be entitled, by giving notice in writing to the

Director, to receive a lump sum payment in accordance with Part

III of the Fourteenth Schedule to this Act by way of a Marriage

Grant

Provided that a person who legally contracts marriage on

more than one occasion shall be entitled to a Marriage Grant in

respect of each such marriage on condition that between one

marriage and another he was an employed person or a self-

employed or self-occupied person for at least six months.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 71 Maternity Benefit or Maternity Leave Benefit. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

(1) A woman who, at any time on or after the 1st day of

January, 1981 is pregnant with child and has entered the eighth

month of pregnancy or a person adopting a child after the 1st January,

2015, shall be entitled to Maternity Benefit under and in accordance

with the provisions of this article.

(2) A claim for Maternity Benefit shall not be accepted by the

Director unless it is made by a citizen of Malta or by a person

married to a citizen of Malta, provided the claimant is ordinarily

resident in Malta.

SOCIAL SECURITY

(3) Notwithstanding the provisions of sub-article (1), a woman

w h o i s en t i t l e d t o Ma t e r n i t y L e a v e i n a c c o r d a nc e w i t h t he

provisions of the Employment and Industrial Relations Act, and

avails herself of such leave, shall not be entitled to any Maternity

Benefit payable under this article.

(4) A woman who, at any time on or after the 1st January,

2012 -

(a) is in insurable employment and has a right to maternity

leave without pay in accordance with the provisions of the

Protection of Maternity (Employment) Regulations; or

(b) is self-occupied and has exhausted her maternity

benefit entitlement,

shall qualify for Maternity Leave Benefit.

(5) In the case of a person who is in insurable employment, the

Maternity Leave Benefit will be payable only for the period where

the leave entitlement is without pay according to the Protection of

Maternity (Employment) Regulations.

(6) A self-occupied person shall not qualify for the Maternity

Leave Benefit unless such person proves to the satisfaction of the

Director that she has ceased all gainful activities for the duration of

her Maternity Benefit and Maternity Leave Benefit.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 72 Payment of Maternity Benefit or Maternity Leave Benefit. — SOCIAL SECURITY ACT Open official source

(1) Maternity Benefit shall be payable in two parts as

follows

(a) a first payment at the rate in accordance with Part IV

of the Fourteenth Schedule to this Act for eight weeks,

upon the submission to the Director of a claim on the

form of the Department accompanied by a certificate

signed by a person holding the warrant to practise the

medical profession in Malta and, if the Director so

deems necessary, supported by such other evidence as

he may, in accordance with the provisions of this Act,

require showing that the claimant has entered the

eighth month of pregnancy; and

(b) a second payment at the rate in accordance with Part

IV of the Fourteenth Schedule to this Act for six

weeks, upon production to the Director of a certificate

from the Public Registry attesting the birth of the

child

Provided that where a claim is made after the birth of a

child, both the first and second payments shall be made on

production of the said certificate from the Public Registry

Provided further that, from 1st January 2015, when a claim

follows the adoption of a child, both the first and the second payments

shall be made on production of the certificate from the Public Registry

confirming the said adoption.

(2) The periods of eight weeks and six weeks referred to in sub-

article (1) shall be deemed to cover -

(a) in the case of the payment referred to in paragraph (a)

SOCIAL SECURITY

thereof, the eight weeks immediately preceding the

date of birth of the child or, if such day is not a

Saturday, the first Saturday following such day;

(b) in the case of the payment referred to in paragraph (b)

thereof, the six weeks commencing on the Saturday

immediately following the period referred to in

paragraph (a); and

(c) in the case of a payment made in accordance with the

proviso to the said sub-article (1), the eight weeks

immediately preceding and the six weeks commencing

on the date of birth of the child, or, if such day is not a

Saturday, the first Saturday following such day.

(3) The Maternity Leave Benefit according to article 71 shall

be payable

(a) with effect from the 7th January, 2012 for not more

than two weeks; and

(b) with effect from the 5th January, 2013 for a period of

not more than four weeks.

(4) The rate of Maternity Leave Benefit according to sub-

article (3) shall be

(a) according to the rate mentioned in Part IV of the

Fourteenth Schedule; and

(b) in the case of an employed person, from the first

Saturday immediately following the day on which the

paid maternity leave ceases in accordance with the

Protection of Maternity (Employment) Regulations; or

(c) in the case of a self-occupied person from the first

Saturday following the date on which the entitlement

to Maternity Benefit in terms of article 71 ceases.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 73 Supplementary Allowance. — SOCIAL SECURITY ACT Open official source

Subject to the provisions of this Act, a head of household

who proves to the satisfaction of the Director that his yearly means,

calculated in accordance with Part VIII of the Second Schedule to

this Act, do not exceed the income limits laid down in Part V of the

Fourteenth Schedule to this Act and is not entitled to an allowance

under article 76 and 76A, shall be entitled to a supplementary

allowance payable at the rates specified in the aforementioned

Fourteenth Schedule

''Sohowever that with effect from the 1 January 2017, the provisions

of this article are also applicable in the case of a person who is not a

head of household and who is also in an insurable employment earning

the national minimum wage.

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 74 Limitation of applicability of Parental Allowance. — SOCIAL SECURITY ACT Open official source

Repealed by Act XXI of 1996.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 75 Extension of Parental Allowance to other persons other than the mother. — SOCIAL SECURITY ACT Open official source

Repealed by Act XXI of 1996.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 76 Children’s Allowance. — SOCIAL SECURITY ACT Open official source

(1) Subject to the provisions of this Act, it shall be the

right of every child in any household to have an allowance paid out

in his respect to the head of household who has the care and

custody of such child, as long as such child is the son or daughter

of the head of household or the spouse, and where neither the head

of household nor the spouse are the parents of such child, the

Director is satisfied that it is in the best interest of the child to

accept such head of household as being the effective custodian of

such child, and for such purpose the Director may request from the

Director (Social Welfare Standards), who is to submit within a month,

a report as to whether such child is best considered to form part of

the relative household

Provided that with effect from 1st January 2018, the payment of

this allowance shall be paid to the parent who has the effective care and

custody, and with whom the child is residing.

(2) The applicable rate of the allowance referred to in sub-article

(1) shall be as determined by Part VI of the Fourteenth Schedule and

the calculation of the yearly means of the household shall be

calculated in accordance with Part VII of the Second Schedule.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 76A Allowance in respect of child in care. — SOCIAL SECURITY ACT Open official source

Subject to the provisions of this Act it shall be the right of

every child who is certified by a competent authority, either as a

fostered child, or is certified as being under care in an institution,

to have an allowance paid out in his respect to the head of household

who is an approved foster carer in accordance with the Foster Care

Act or the head of the institution, as the case may be, at the rates

specified in Part VIII of the Fourteenth Schedule to this Act. When

an allowance under this article is due, no allowance under article 76

shall be payable

Provided that subject to the provisions of this Act, and with

effect from 1st January 2023, it shall be the right of every child who is

certified by a competent authority as a fostered child, to have an

allowance paid in his respect to the head of household who is an

approved foster carer in accordance with the Minor Protection

(Alternative Care) Act, even when said child is not a fostered child

anymore because he is adopted by that same head of household, at the

rates specified in Part VIII of the Fourteenth Schedule to this Act.

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 77 Disabled Child Allowance. — SOCIAL SECURITY ACT Open official source

Subject to the provisions of this Act, a child in any

household, in respect of whom an allowance under article 76 or

76A is being paid, shall also become eligible to a Disabled Child

Allowance at the rate payable in accordance with Part VII of the

Fourteenth Schedule to this Act, if the head of household has the care

and custody of such child who is certified to be suffering from

cerebral palsy or from a mental severe subnormality or a severely

disabled person or a visually impaired person in accordance with

the provisions of this Act. For the purposes of this article a child

shall still be deemed to be a severely disabled person if certified to

be totally and permanently mute or permanently deaf to a degree of

no less than 70 decibels

Provided that, where an allowance under this article is

payable in respect of a visually impaired child, that allowance shall

cease to be payable as soon as a pension under article 27 is or

becomes payable in his respect

Provided further that, where a child in respect of whom this

article applies reaches his 16th birthday (or his 14th birthday in the

case of a visually impaired child) and for some reason fails to

qualify for a pension under article 27, he shall remain eligible to an

allowance under this article if he is not gainfully occupied and is

still undergoing full-time education or training in an educational

institution recognized by the Government in terms of the Education

Act, and no form of remuneration or allowance (excluding any

allowance payable under this Act) is being paid to him or her

during such time.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 77A Special allowance. — SOCIAL SECURITY ACT Open official source

With effect from the 1st of January 2024 and without prejudice

to the provisions of this Act, it shall be the right of the parent to have a

payment paid out once a year in accordance with the Fourteenth

Schedule, in respect of every child who has passed his sixteenth (16th)

birthday still living with his parents, and pursues post-secondary

education in an educational institution recognised by the Malta Further

and Higher Education Authority.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 78 Special Allowance. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

Repealed by Act XXI of 1996.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 79 Entitlement to abandoned children or of unknown parents. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

Subject to the provisions of this Act, a head of household

who has the care of a child or a person whose parents are unknown

or have abandoned him shall be entitled in respect of such child or

person to the allowance payable under article 76, as a distinct and

separate entitlement to that applicable in respect of his children.

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 80 Limitation of applicability of Children’s and Supplementary Allowance. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

(1) Except as may be prescribed, an allowance payable

under articles 73, 76, 76A and 79 shall not be granted unless the

head of household, or the spouse -

(a) is a citizen of Malta; and

(b) resides in Malta and has so resided continuously in the

three months immediately preceding the date on which

the claim for an allowance is made

Provided that where the head of household or the spouse, is

deceased, and the one who is still alive is not a citizen of Malta, the

condition set out in paragraph (a) shall be deemed to have been

satisfied if the deceased was a citizen of Malta at the time of his

death.

(2) Except as may be prescribed, an allowance under articles

73, 76, 76A and 79 shall not be payable in respect of any child or

person not living in Malta

Provided that with effect from the 1st day of November,

1974, where any person who has received the payment of an

allowance for a full thirteen week period emigrates and takes along

with him before the lapse of thirteen weeks from the date on which

payment of such an allowance was due, the children in respect of

whom such allowance was paid, the payment of such allowance for

any period not exceeding twelve weeks from the date when the

payment of such an allowance was due, shall be deemed as having

been properly received by him

Provided further that where any person has received the

payment of an allowance under articles 76 and 79 for a full thirteen

week period, prior to emigration and the total amount of allowance

paid during the year in which the right to such benefit ceases amounts

to less than the Fixed Children’s Allowance specified by Part VI of the

Fourteenth Schedule, such person shall be entitled to receive the

resulting difference between the amount paid and the Fixed Children’s

Allowance.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 81 Disqualification to Children’s Allowance. — SOCIAL SECURITY ACT Open official source

(1) An allowance payable under articles 76, 76A and 79

shall not be payable in respect of a person to whom a pension is

payable under article 27.

(2) Except as may be prescribed, an allowance payable under

articles 76, 76A and 79 shall neither be payable nor due outside

Malta.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 82 Beneficiary of Children’s Allowance. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

(1) An allowance due under the provisions of articles 76,

76A and 79 shall be paid to the spouse, if any, of the head of

household, unless the head of household proves to the satisfaction

of the Director that, in the interest of the child or person in respect

of whom the allowance is payable, such payment is to be made to

him.

(2) For the purposes of this article and of article 80, "spouse"

shall include such person who, in the opinion of the Director, is

living with the head of household as if such person were the lawful

SOCIAL SECURITY

spouse, provided such person is the mother or father, as the case may

be, of the child or person in respect of whom the allowance is

payable.

(3) Where, however, the husband and wife are separated de jure

or de facto, or where the person is not the lawful wedded spouse but is

being treated as such in terms of sub-article (2), if such spouse is

living apart from the head of household the allowances due under

articles 76 and 79 in respect of all their children shall not be taken

together as if they were living in one household but shall be

assessed separately according to the eligibility rights and the yearly

means of each respective head of household who has their effective

care and custody as provided for in articles 76 and 79.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 83 Head of household to have custody of child. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

An allowance paid under articles 76, 76A and 79 ceases to

be payable if the head of household no longer has the care of the

child or person in respect of whom the allowance is being paid or

where such person is eighteen years of age or over if the said

person no longer normally resides with such head of household.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 84 Powers to make regulations. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

(1) The Minister may, from time to time, and with the

concurrence of the Minister responsible for finance make

regulations for the purposes of -

(a) increasing the rates of benefits, grants, pensions,

assistances and allowances payable under this Act;

(b) increasing the category of persons that may be eligible

to benefits, grants, pensions, assistances and

allowances payable in accordance with this Act;

(c) increasing the income limits for the purpose of

establishing entitlement in assessment of means-tested

benefits, grants, pensions, assistances and allowances

payable under this Act;

(d) increasing the basic wage, salary, income or earnings,

whenever Government awards a cost-of-living

increase in the rate of the National Minimum Wage as

is payable to persons of eighteen years of age or over

under the provisions of the Employment and Industrial

Relations Act, for the purposes of -

(i) the payment of social security contributions; and

(ii) assessing the pensionable income;

(e) prescribing conditions regarding nationality, residence

and place of birth to be satisfied by a claimant, and the

conditions applicable to a child or person in respect of

whom an allowance is claimed;

(f)

prescribing circumstances in which a child or person

not living in his parent’s household may be treated as

forming part of that household or another household;

(g) prescribing circumstances in which a person, other

than a parent of a child or person, may claim an

allowance in respect of such child or such person;

SOCIAL SECURITY

(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;

(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

Provided that the Minister may not by such regulations

decrea se t he r ate of be nefit, grant, p ensions, assista nce o r

allowance payable under this Act to any category of beneficiaries.

(2) For the purposes of sub-article (1), the Minister may by

such regulations amend or substitute any of the Schedules to this

Act or index thereto.

(3) The Minister responsible for the elderly 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 93.

(4) The Minister may, from time to time and with the

c o nc u rr e n c e o f t h e Mi n i s t e r r e s po n s i b l e f o r f i n a n c e , m a ke

regulations for the purpose of establishing the contribution due by

residents of State Financed Residential Services in terms of article

Liġijiet ta' Malta — Kapitolu 318 — ATT DWAR IS-SIGURTÀ SOĊJALI

Art. 84A Sussidji għal day care centres. Miżjud: II. 1999.14. — ATT DWAR IS-SIGURTÀ SOĊJALI Open official source

Il-Ministru jista’ minn żmien għal żmien b’regolamenti

taħt dan l-artikolu, jistabbilixxi skemi, li bihom jistgħu jitħallsu

sussidji mid-Direttur, dwar tfal li jkunu qegħdin jattendu f ’child

day care centres immexxija mill-gvern jew f’kull istituzzjoni oħra

hekk kif tista’ tiġi speċifikata fir-regolamenti, u jista’ b’dawk ir-

regolamenti jippreskrivi l-ammont ta’ sussidju, il-persuna li lilha

għandu jitħallas dak is-sussidju, u l-mod kif dik il-persuna għandu

jitqies il-jedd li jkollha. Dak is-sussidju għandu f’kull każ jitħallas

direttament lill-istituzzjoni li tkun qed tmexxi dak iċ-ċentru u

m’għandux jitqies meta jkun qed jiġi kalkolat d-dħul tal-kap tal-

familja li tagħha jkun jagħmel sehem it-tifel għall-finijiet ta’ din il-

liġi jew ta’ kull liġi oħra.

Liġijiet ta' Malta — Kapitolu 318 — ATT DWAR IS-SIGURTÀ SOĊJALI

Art. 85 — ATT DWAR IS-SIGURTÀ SOĊJALI Open official source

(1) Ħlief kif provdut fl-artikolu 96 u kif soġġett għad-

dispożizzjonijiet l-oħra ta’ dan l-Att, persuna li, f ’xi jum bejn

Jannar u Ġunju jew bejn Lulju u Diċembru jkollha dritt li tirċievi xi

pensjoni (b’esklużjoni ta’ Pensjoni għall-Korriment, meta din tkun

qiegħda titħallas lil persuna li tkun qiegħda f’impieg assigurabbli

jew li taħdem għaliha nnifisha), Allowance ta’ Ltim, Allowance

Supplimentari ta’ Ltim, Għajnuna dwar il-Lebbra jew Għajnuna

Soċjali (minbarra dik li titħallas bħala allowance taħt id-

dispożizzjonijiet tal-artikolu 30(9), iżda inkluża dik imħallsa taħt

id-dispożizzjonijiet tal-artikolu 30(10)) skont id-dispożizzjonijiet

ta’ dan l-Att, għandu jkollu dritt li jirċievi bonus. Dan il-bonus

għandu jkun jikkonsisti f ’somma ta’ €135.10 li titħallas kull sitt

xhur f’Ġunju u f’Diċembru ta’ kull sena

Iżda minkejja xi dispożizzjoni oħra ta’ dan l-Att, dik il-

persuna jkollha dritt li tirċievi bonus wieħed biss fl-istess ħin.

(2) Salv kif hemm provdut fl-artikolu 96 u bla ħsara għad-

dispożizzjonijiet l-oħra ta’ dan l-Att, persuna li ssir intitolata għal

xi pensjoni, għajnuna jew allowance kif hemm imsemmi fis-

subartikolu (1), tkun ukoll intitolata li tirċievi Bonus Addizzjonali

kull erba’ ġimgħat bir-rata ta’ €3.12 fil-ġimgħa minbarra l-bonuses

li tkun intitolata għalihom bis-saħħa ta’ dan l-artikolu

Iżda minkejja kull dispożizzjoni oħra ta’ dan l-Att, dik il-

persuna tkun biss intitolata li tirċievi Bonus Addizzjonali wieħed

fl-istess waqt

Iżda wkoll dak il-Bonus Addizzjonali għandu jibqa’ biss

jitħallas sa dak iż-żmien meta xi pensjoni, għajnuna jew allowance

bħal dawk imsemmija fl-istess subartikolu (1) ikollhom jitħallsu.

(3) Salv kif hemm provdut fl-artikolu 96 u bla ħsara għad-

dispożizzjonijiet l-oħra ta’ dan l-Att, persuna li tkun intitolata li

tirċievi xi pensjoni (għajr Pensjoni għal Korriment fejn din titħallas

lil persuna li tkun f ’impjieg assigurabbli jew li taħdem għaliha

nnifisha), għandha tkun intitolata wkoll li tirċievi Bonus għall-

Għoli tal-Ħajja. Dak il-bonus għandu jitħallas bir-rata speċifikata

fit-Taqsima J tat-Tnax-il Skeda minbarra l-bonuses li għalihom dik

il-persuna tista’ tkun intitolata bis-saħħa ta’ dan l-artikolu

Iżda, bla ħsara għad-dispożizzjonijiet l-oħra ta’ dan l-Att,

dik il-persuna għandha tkun intitolata li tirċievi Bonus tal-Għoli

tal-Ħajja wieħed fl-istess ħin tal-ħlas ta’ xi pensjoni dovuta taħt

dan l-Att

Iżda wkoll meta pensjoni tkun qiegħda titħallas taħt ftehim

skont l-artikolu 134, il-Bonus tal-Għoli tal-Ħajja għandu jitħallas

pro rata kif japplika għall-istima tar-rata tal-pensjoni taħt dak il-

ftehim.

(4) B’effett mill-1 ta’ Jannar, 2015, persuni residenti f’Malta jew

f’pajjiż tal-Unjoni Ewropea li laħqu l-età tal-pensjoni skont l-artikolu

2, iżda ma laħqux l-età ta’ 75, u li huma rtirati mix-xogħol u li ma

għandhomx dritt għall-Pensjoni Kontributorja, iżda ħallsu bejn 50 u 259

kontribuzzjoni, ikollhom id-dritt għal ħlas ta’ €100 fis-sena filwaqt illi

dawk li ħallsu iżjed minn 260 kontribuzzjoni ikollhom dritt għal ħlas ta’

€200 fis-sena.

(5) Minkejja d-dispożizzjonijiet tas-subartikolu (4), b’effett

minn Jannar 2017, ir-rata dovuta għandha tkun ta’ €150 fis-sena

għal persuni li jilħqu l-età tal-pensjoni skont it-tifsira ''età tal-

pensjoni'' fl-artikolu 2, iżda ma laħqux l-età ta’ 75 sena, u li huma

rtirati mix-xogħol u li ma għandhomx dritt għall-Pensjoni

Kontributorja, iżda ħallsu bejn 50 u 259 kontribuzzjoni, filwaqt illi

għal persuni li laħqu l-età tal-pensjoni skont it-tifsira ''età tal-

pensjoni'' fl-artikolu 2, iżda ma laħqux l-età ta’ 75 sena, u li huma

rtirati mix-xogħol u li ma għandhomx dritt għall-Pensjoni

Kontributorja, iżda ħallsu iżjed minn 260 kontribuzzjoni, ir-rata

għandha tkun ta’ €250 fis-sena

(6) Minkejja d-dispożizzjonijiet tas-subartikoli (4) u (5), b’effett

mill-1 ta’ Jannar, 2019, ir-rata dovuta għandha tkun ta’ mitejn euro

(€200) fis-sena għal persuni li jilħqu l-età tal-pensjoni skont it-tifsira

''età tal-pensjoni'' fl-artikolu 2, iżda ma laħqux l-età ta’ ħamsa u sebgħin

(75) sena, u li huma rtirati mix-xogħol u li ma għandhomx dritt għall-

Pensjoni Kontributorja, iżda ħallsu bejn ħamsin (50) u mitejn u disgħa u

ħamsin (259) kontribuzzjoni tas-sigurtà soċjali, filwaqt illi għal persuni

li laħqu l-età tal-pensjoni skont it-tifsira ''età tal-pensjoni'' fl-artikolu 2,

iżda ma laħqux l-età ta’ ħamsa u sebgħin (75) sena, u li huma rtirati mix-

xogħol u li ma għandhomx dritt għall-Pensjoni Kontributorja, iżda

ħallsu iżjed minn mitejn u sittin (260) kontribuzzjoni tas-sigurtà soċjali,

ir-rata għandha tkun ta’ tliet mitt euro (€300) fis-sena

Minkejja d-dispożizzjonijiet tas-subartikolu (6), b’effett mill-1 ta’

Jannar 2020, ir-rata dovuta hekk kif provdut fis-subartikolu (6)

għandha tibqa’ titħallas anke meta l-persuna tilħaq l-età ta’ ħamsa u

sebgħin (75) sena.

(7) Minkejja d-dispożizzjonijiet tas-subartikoli (4), (5) u (6),

b’effett mill-1 ta’ Jannar 2021, ir-rata dovuta għandha tkun ta’ mitejn u

ħamsin euro (€250) fis-sena għal persuni li jilħqu l-età tal-pensjoni

skont it-tifsira "età tal-pensjoni" fl-artikolu 2, li huma rtirati mix-

xogħol u li ma għandhomx dritt għall-Pensjoni Kontributorja, iżda

ħallsu bejn ħamsin (50) u mitejn u disgħa u ħamsin (259)

kontribuzzjoni tas-sigurtà soċjali, filwaqt illi għal persuni li laħqu l-età

tal-pensjoni skont it-tifsira ''età tal-pensjoni'' fl-artikolu 2, li huma

rtirati mix-xogħol u li ma għandhomx dritt għall-Pensjoni

K o n t r ib u t o r ja , i ż da ħ a l l s u iż j e d m i n n m i t e j n u si tt i n ( 2 6 0 )

kontribuzzjoni tas-sigurtà soċjali, ir-rata dovuta għandha tkun ta’ tliet

mija u ħamsin euro (€350) fis-sena

Minkejja d-dispożizzjonijiet tas-subartikolu (6), b’effett mill-1

ta’ Jannar 2020, ir-rata dovuta hekk kif provdut fis-subartikolu (6)

għandha tibqa’ titħallas anke meta l-persuna tilħaq l-età ta’ ħamsa u

sebgħin (75) sena.

(8) Minkejja d-dispożizzjonijiet tas-subartikoli (4), (5), (6) u (7),

b’effett mill-1 ta’ Jannar 2022, ir-rata dovuta għandha tkun ta’ erba’

mitt euro (€400) fis-sena għal persuni li jilħqu l-età tal-pensjoni skont

it-tifsira "età tal-pensjoni" fl-artikolu 2, li huma rtirati mix-xogħol u li

ma għandhomx dritt għall-Pensjoni Kontributorja, iżda ħallsu bejn

ħamsin (50) u mitejn u disgħa u ħamsin (259) kontribuzzjoni tas-

sigurtà soċjali, filwaqt illi għal persuni li laħqu l-età tal-pensjoni skont

it-tifsira ''età tal-pensjoni'' fl-artikolu 2, li huma rtirati mix-xogħol u li

ma għandhomx dritt għall-Pensjoni Kontributorja, iżda ħallsu mill-

anqas mitejn u sittin (260) kontribuzzjoni tas-sigurtà soċjali, ir-rata

dovuta għandha tkun ta’ ħames mitt euro (€500) fis-sena.

(8A) Minkejja d-dispożizzjonijiet tas-subartikoli (4), (5), (6), (7) u

(8), b’effett mill-1 ta’ Jannar 2023, ir-rata dovuta għandha tkun ta’

erba’ mija u ħamsin euro (€450) fis-sena għal persuni li jilħqu l-età tal-

pensjoni skont it-tifsira "età tal-pensjoni" fl-artikolu 2, li huma rtirati

mix-xogħol u li ma għandhomx dritt għall-Pensjoni Kontributorja,

iżda li ħallsu bejn ħamsin (50) u mitejn u disgħa u ħamsin (259)

kontribuzzjoni tas-sigurtà soċjali, filwaqt illi għal persuni li laħqu l-età

tal-pensjoni skont it-tifsira ''età tal-pensjoni'' fl-artikolu 2, li huma

rtirati mix-xogħol u li ma għandhomx dritt għall-Pensjoni

K o n t r i b u t o r j a , i ż d a ħ a l ls u m i l l - a n q a s m i t e jn u si t t i n ( 2 6 0 )

kontribuzzjoni tas-sigurtà soċjali, ir-rata għandha tkun ta’ ħames mija

u ħamsin euro (€550) fis-sena.

(8B) Minkejja d-dispożizzjonijiet tas-subartikoli (4), (5), (6), (7),

(8) u (8A), b’effett mill-1 ta’ Jannar 2024, ir-rata dovuta għandha tkun

ta’ ħames mitt euro (€500) fis-sena għal persuni li jilħqu l-età tal-

pensjoni skont it-tifsira "età tal-pensjoni" fl-artikolu 2, li huma rtirati

mix-xogħol u li ma għandhomx dritt għall-Pensjoni Kontributorja,

iżda li ħallsu bejn ħamsin (50) u mitejn u disgħa u ħamsin (259)

kontribuzzjoni tas-sigurtà soċjali, filwaqt illi għal persuni li laħqu l-età

tal-pensjoni skont it-tifsira ''età tal-pensjoni'' fl-artikolu 2, li huma

rtirati mix-xogħol u li ma għandhomx dritt għall-Pensjoni

Kontributorja, iżda li ħallsu mill-anqas mitejn u sittin (260)

kontribuzzjoni tas-sigurtà soċjali, ir-rata għandha tkun ta’ sitt mitt euro

(€600) fis-sena.

(8Ċ) Minkejja d-dispożizzjonijiet tas-subartikoli (4), (5), (6), (7),

(8), (8A) u (8B), b’effett mill-1 ta’ Jannar 2025, ir-rati dovuti fis-sena

għal persuni li jilħqu l-età tal-pensjoni skont it-tifsira "età tal-

pensjoni" fl-artikolu 2, li rtiraw mix-xogħol u li ma għandhomx dritt

għall-Pensjoni Kontributorja, iżda li ħallsu bejn ħamsin (50) u ħames

mija u dsatax (519)-il kontribuzzjoni tas-sigurtà soċjali għandhom

ikunu r-rati mfissra fil-Partita M tat-Tnax-il Skeda.

(9) Bla ħsara għad-dispożizzjonijiet ta’ dan l-Att, b’effett mill-1

ta’ Jannar 2020, għandu jkun id-dritt ta’ ġenitur li jitħallas bonus ta’

darba għat-twelid ta’ iben jew bint jew adozzjoni, ta’ tliet mitt euro

(€300) meta jitwieled l-iben jew il-bint jew f’każ ta’ adozzjoni għal

dak it-twelid jew dawk l-adozzjonijiet li jiġu reġistrati mar-Reġistru

Pubbliku ta’ Malta

Iżda, bla ħsara għad-dispożizzjonijiet ta’ dan l-Att, b’effett

mill-1-ta’ Jannar 2022, għandu jkun id-dritt ta’ ġenitur li jitħallas

bonus ta’ darba għat-twelid ta’ iben jew bint jew għal adozzjoni, ta’

erba’ mitt euro (€400) meta jitwieled l-iben jew il-bint jew f’każ ta’

adozzjoni għal dak it-twelid jew dawk l-adozzjonijiet li jiġu reġistrati

mar-Reġistru Pubbliku ta’ Malta

Iżda wkoll li, bla ħsara għad-dispożizzjonijiet ta’ dan l-Att,

b’effett mill-1-ta’ Jannar 2024, għandu jkun id-dritt ta’ ġenitur li

jitħallas bonus ta’ darba għat-twelid tal-ewwel iben jew bint jew għall-

ewwel adozzjoni, ta’ ħames mitt euro (€500) meta jitwieled l-iben jew

il-bint jew f ’każ ta’ adozzjoni għal dak it-twelid jew dawk l-

adozzjonijiet li jiġu reġistrati mar-Reġistru Pubbliku ta’ Malta, u ħlas

ta’ bonus ta’ darba ta’ elf euro (€1,000) għal kull twelid jew adozzjoni

ta’ wlied sussegwenti li jkollu dak il-ġenitur u li jiġu reġistrati mar-

Reġistru Pubbliku ta’ Malta

Iżda wkoll bla ħsara għad-dispożizzjonijiet ta’ dan l-Att,

b’effett mill-1 ta’ Jannar 2025, għandu jkun id-dritt ta’ ġenitur li

jitħallas bonus ta’ darba għat-twelid tal-wild jew għall-ewwel

adozzjoni ta’ ħames mitt euro (€500) meta jitwieled il-wild jew f’każ

ta’ adozzjoni għal dak it-twelid, jew tali twelid jew adozzjonijiet li jiġu

reġistrati mar-Reġistru Pubbliku, ħlas ta’ bonus ta’ darba ta’ elf euro

(€1,000) għat-twelid tat-tieni wild jew adozzjoni li jiġu reġistrati mar-

Reġistru Pubbliku, u ħlas ta’ bonus ta’ darba ta’ elf u ħames mitt euro

(€1,500) għal kull twelid jew adozzjoni ta’ wlied sussegwenti li jkollu

dak il-ġenitur u li jiġu reġistrati mar-Reġistru Pubbliku

Iżda wkoll bla ħsara għad-dispożizzjonijiet ta’ dan l-Att,

b’effett mill-1 ta’ Jannar 2026, għandu jkun id-dritt ta’ ġenitur li

jitħallas bonus ta’ darba biss għat-twelid ta’ wild jew adozzjoni ta’ elf

euro (€1,000) mar-reġistrazzjoni fir-Reġistru Pubbliku tat-twelid tal-

ewwel wild jew tal-adozzjoni, ħlas ta’ bonus ta’ darba ta’ elf u ħames

mitt euro (€1,500) għat-twelid tat-tieni wild jew adozzjoni sussegwenti

reġistrati fir-Reġistru Pubbliku, u ħlas ta’ bonus ta’ darba ta’ elfejn

euro (€2,000) għal kull twelid jew adozzjoni ta’ wlied sussegwenti li

jkollu dak il-ġenitur reġistrati fir-Reġistru Pubbliku

Iżda wkoll, kull talba għal bonus għat-twelid ta’ iben jew bint

jew adozzjoni ma għandhiex tiġi aċċettata mid-Direttur, ħlief jekk dik

it-talba tiġi magħmula minn ċittadin ta’ Malta jew tal-Unjoni Ewropea,

jew minn persuna miżżewġa lil ċittadin ta’ Malta, sakemm dak il-

ġenitur kien ordinarjament residenti f’Malta għal perjodu ta’ mill-

anqas għaxar (10) snin immedjatament qabel issir it-talba.

Liġijiet ta' Malta — Kapitolu 318 — ATT DWAR IS-SIGURTÀ SOĊJALI

Art. 86 Bonus imnaqqas u Bonus Addizzjonali: Rinumerat: XXIV. 1993.2. Emendat: XXV. 1994.22; I. 2012.8. — ATT DWAR IS-SIGURTÀ SOĊJALI Open official source

Il-bonus li jitħallas lil xi persuna taħt l-artikolu 85(1) u,

jew l-artikolu 85(2) għandu jitnaqqas bl-ammont ta’ xi bonus li dik

il-persuna jista’ jkollha dritt li tirċievi mingħand xi prinċipal skont

l-Att dwar l-Impiegi u r-Relazzjonijiet Industrijali, dwar xi parti

mill-perjodu ta’ sitt xhur li jintemmu fl-aħħar jum ta’ Ġunju jew

Diċembru, u, jew il-bonus li jitħallas minn prinċipal skont l-Ordni

ta’ Standard Nazzjonali t dwar l-Allowance fil-Ġimgħa, skont kif

ikun il-każ

Iżda meta jkun meħtieġ li jsir xi proporzjonament taħt l-

artikolu 87, l-ammont ta’ kull Bonus li r-raġel ikollu dritt li jirċievi

mingħand prinċipal kif imsemmi qabel f ’dan l-artikolu u kull

allowance fil-ġimgħa mħallsa minn prinċipal skont l-ordni ta’

s t a n d a rd n a z z j o n a l i t a l - 1 9 8 8 d w a r A l l o w a n c e f i l - Ġ i m g ħ a

għandhom jitnaqqsu mill-Bonus u/jew Bonus Addizzjonali dovut

lir-raġel taħt l-artikolu 85 qabel ma jsir il-proporzjonament ta’ dak

il-Bonus u/jew Bonus Addizzjonali.

Liġijiet ta' Malta — Kapitolu 318 — ATT DWAR IS-SIGURTÀ SOĊJALI

Art. 87 — ATT DWAR IS-SIGURTÀ SOĊJALI Open official source

(1) Meta, fil-każ ta’ koppja miżżewġa li dwarha l-artikolu

96(1) u (2) ma jkunux japplikaw, u wieħed jew waħda mill-

miżżewġin ikun ġie rikoverat f’istituzzjoni bħalma hi msemmija fl-

artikolu 93 u d-dispożizzjonijiet tal-imsemmi artikolu 93 ikunu

bdew japplikaw dwar dik il-persuna, il-Bonus, jew parti minnu, u l-

Bonus Addizzjonali li jitħallsu taħt l-artikolu 85 għandhom kull

wieħed minnhom jiġu proporzjonati b’mod indaqs bejn il-koppja

msemmija.

(2) Id-dispożizzjonijiet tas-subartikolu (1) ma għandhomx

japplikaw meta l-konjuġi jkollu/ha dritt għall-Bonus, jew parti

minnu, u, jew, il-Bonus Addizzjonali, taħt dan l-artikolu bi dritt tal-

istess konjuġi jew għax ikollha impieg assigurabbli jew tkun taħdem

għaliha nnifisha.

(3) Fejn fil-każ ta’ koppja miżżewġa li dwarha l-artikolu 96(1) u

(2) ma japplikax, u waħda mill-partijiet miżżewġa ssir residenti

f’istituzzjoni kif imsemmi fl-artikolu 93, u d-dispożizzjonijiet tal-

imsemmi artikolu 93 jkunu bdew japplikaw fir-rigward ta’ dik il-

persuna, il-Bonus tal-Għoli tal-Ħajja jew xi parti minnu dovuta taħt l-

artikolu 85(3) għandu jiġi allokat skont l-artikolu 93(4).

Liġijiet ta' Malta — Kapitolu 318 — ATT DWAR IS-SIGURTÀ SOĊJALI

Art. 88 — ATT DWAR IS-SIGURTÀ SOĊJALI Open official source

(1) Il-Ministru jista’, b’ordni fil-Gazzetta, jipprovdi għall-

ħlas ta’ benefiċċju ex-gratia permezz ta’ ħlas ta’ għajnuna ta’

emerġenza fi flus jew mhux fi flus mingħand id-Direttur Ġenerali

(Affarijiet Soċjali u tal-Familja) maħtur mill-Prim Ministru lil ċerti

kategoriji ta’ persuni u b’dawk ir-rati u f’dik is-sura u b’dak il-mod

u għal dak iż-żmien li huwa jista’ jiddeċiedi bi ftehim mal-Ministru

responsabbli għall-finanzi.

(2) L-imsemmi qabel Direttur Ġenerali għandu jżomm dik is-

sistema ta’ kontijiet u għandu jadotta dawk il-miżuri għat-tħaris ta’

flus fdati lilu mid-Direttur għall-finijiet ta’, u skont, is-subartikolu

(1)(b) hekk kif approvat mill-Accountant General u l-kotba,

riċevuti u dokumenti kollha miżmumin għal dan il-għan għandhom,

f ’kull żmien, ikunu miftuħin għall-ispezzjoni tal-Accountant

General, l-Awditur Ġenerali u d-Direttur.

TAQSIMA VII

DISPOŻIZZJONIJIET DIVERSI DWAR PENSJONIJIET, ALLOWANCES,

BENEFIĊĊJI U GĦAJNUNA LI JITĦALLSU TAĦT DAN L-ATT

Liġijiet ta' Malta — Kapitolu 318 — ATT DWAR IS-SIGURTÀ SOĊJALI

Art. 89 — ATT DWAR IS-SIGURTÀ SOĊJALI Open official source

Ebda pensjoni li titħallas lil persuna taħt l-artikolu 26 jew

it-Taqsimiet IV jew V ta’ dan l-Att ma għandha titnaqqas minħabba

f ’xi żieda li tibda sseħħ wara li dik il-persuna jibda jkollha dritt

għal dik il-pensjoni kif imsemmi qabel, fl-ammont li jitħallas lil dik

il-persuna bħala Pensjoni tas-Servizz, jew, fil-każ ta’ armla, bħala

pensjoni minn prinċipal tal-mejjet żewġha li jkollha x’taqsam mal-

impieg tal-mejjet żewġha; hekk iżda li, meta xi pensjoni bħal dik li

titħallas taħt dan l-Att ikollha tiżdied minħabba reviżjoni jew

kalkolu mill-ġdid tar-rati ta’ dik il-pensjoni, kull żidiet li jitħallsu

lil dik il-persuna bħala Pensjoni tas-Servizz jew, fil-każ ta’ armla,

bħala pensjoni minn prinċipal tal-mejjet żewġha li jkollha x’taqsam

mal-impieg tal-mejjet żewġha, li tibda sseħħ wara li dik il-persuna

jew l-armla jibda jkollha dritt għal dik il-pensjoni kif issemma

qabel, għandhom imbagħad ikunu kalkolati

Iżda kull żidiet bħal dawk għandhom mhux biss ma jolqtux

b’mod avvers ir-rata tal-pensjoni li diġà tkun qed titħallas lilu jew

lilha minnufih qabel dik ir-reviżjoni jew dak il-kalkolu mill-ġdid

kif intqal qabel f ’dan l-artikolu, iżda dak il-pensjonant għandu,

barra minn hekk, ikun intitolat għal żieda fir-rata tal-pensjoni

tiegħu taħt dan l-Att li tkun ekwivalenti għal żewġ terzi taż-żieda

fil-paga li bil-liġi għandha tingħata b’mod ġenerali jekk dik il-

pensjoni riveduta jew kalkolata mill-ġdid li titħallas taħt dan l-Att

kienet xort’oħra tagħti d-dritt lil dak il-pensjonant għal żieda aktar

baxxa.

Liġijiet ta' Malta — Kapitolu 318 — ATT DWAR IS-SIGURTÀ SOĊJALI

Art. 90 — ATT DWAR IS-SIGURTÀ SOĊJALI Open official source

Ħlief kif provdut b’mod speċifiku jew kif jiftiehem mod

ieħor f’dan l-Att dwar Għajnuna Soċjali, Pensjoni tal-Età, Allowance

għal Carer u Allowance Miżjuda għal Carer li titħallas taħt dan l-Att,

meta persuna jkollha dritt, minkejja dan l-artikolu, għal żewġ

pensjonijiet, allowances, benefiċċji jew għajnuna fl-istess waqt hija

ma jkollhiex dritt għalihom it-tnejn, iżda jkollha dritt għal dik il-

pensjoni, allowance, benefiċċju jew għajnuna li jkunu l-iktar ta’

vantaġġ jew li jkunu jitħallsu b’dik ir-rata li tkun ogħla

Iżda -

(a) id-dispożizzjonijiet ta’ dan l-artikolu ma għandhomx

japplikaw fil-każ ta’ Għotja taż-Żwieġ, Allowance ta’

Ltim, Allowance tat-Tfal, Allowance ta’ Min Jieħu

Ħsieb, Benefiċċju dwar il-Maternità, Għajnuna

Medika, Allowance Supplimentari, Għotja għall-

Korriment jew Pensjoni għall-Korriment, Bonus jew

Bonus Addizzjonali li jitħallsu taħt dan l-Att;

(b) persuna għandu jkollha dritt tirċievi żewġ pensjonijiet

għall-korriment jew iktar fl-istess ħin sakemm it-total

tar-rati fil-ġimgħa ta’ dawn il-pensjonijiet ma jkunx

jaqbeż ir-rata ta’ pensjoni li kien ikollha dritt għaliha

dwar telfien ta’ fakultà li kienet stmata bid-90% jew

aktar;

(ċ) b’seħħ mill-1 ta’ Lulju, 1989, persuna li tkun għalqet l-

età ta’ sittin sena li tkun miċħuda, jew tista’ tiċċaħħad,

milli tirċievi Pensjoni tal-Età taħt dan l-Att minħabba

fid-dispożizzjonijiet

tal-artikolu

66(b)(ii),

ma

għandhiex titqies li tikkwalifika għal xi assistenza taħt id-

dispożizzjonijiet tal-artikolu 27 ħlief jekk dik il-persuna

tista’ ġġib prova għas-sodisfazzjon tad-Direttur li

kienet qiegħda tbati minn subnormalità mentali severa

jew minn palsy ċerebrali jew li kienet persuna

gravement disabilitata jew li kienet persuna b’vista

batuta skont dan l-Att qabel ma laħqet l-età ta’ sittin

sena;

(d) b’effett mill-1 ta’ Jannar 2025, fil-każ ta’ persuna li hija

eliġibbli għall-pensjoni għal min jirtira taħt id-

dispożizzjonijiet tat-Taqsima V u minnufih qabel kienet

tirċievi assistenza mħallsa taħt id-dispożizzjonijiet tal-

artikolu 27 jew Pensjoni għall-Korriment skont id-

dispożizzjonijiet tal-artikolu 29, il-pensjoni tal-irtirar

għandha tiżdied sal-Paga Minima Nazzjonali, iżda ż-

żieda qatt ma tkun anqas minn 10% tar-rata tal-

Assistenza jew Pensjoni għall-Korriment li l-persuna

kienet tirċievi taħt id-dispożizzjonijiet tal-artikoli 27 u

29, minnufih qabel ma rtirat

Iżda wkoll, b’effett mill-5 ta’ Jannar 2008, meta f’sena

kalendarja kap ta’ familja jsir intitolat għall-Allowance tat-Tfal skont

dan l-Att, dak il-kap ta’ familja ma jkunx intitolat għal aktar minn rata

waħda ta’ Allowance tat-Tfal għall-istess perjodu.

Liġijiet ta' Malta — Kapitolu 318 — ATT DWAR IS-SIGURTÀ SOĊJALI

Art. 90A — ATT DWAR IS-SIGURTÀ SOĊJALI Open official source

Minkejja kull dispożizzjoni oħra ta’ dan l-Att, kull meta l-

Gvern jagħti żieda għall-għoli tal-ħajja fir-rata tal-paga minima

nazzjonali li titħallas lil persuni li jkolhom jew ikunu għalqu t-

tmintax-il sena skont id-dispożizzjonijiet tal-Att dwar l-Impiegi u

r-Relazzjonijiet Industrijali, kull Għajnuna Soċjali jew pensjoni li

titħallas bis-saħħa ta’ u skont id-dispożizzjonijiet ta’ qabel ta’ dan

l-Att (inkluża Allowance Supplimentari għall-Orfni iżda esklużi -

(i)

Pensjoni għal Korriment stmata b’89% jew

inqas, u

(ii) kull Allowance Addizzjonali għall-Pensjoni

Minima Nazzjonali),

għandhom, minn dik id-data meta tingħata d-deċiżjoni jew mid-

data minn meta dik il-pensjoni jew għajnuna jsiru dovuti, skont

liema data tiġi l-iktar tard, jiżdiedu awtomatikament b’ammont

ekwivalenti għal tnejn minn tlieta minn dik iż-żieda għall-għoli tal-

ħajja kemm-il darba ma tkunx dovuta żieda iktar għolja taħt id-

dispożizzjonijiet ta’ qabel ta’ dan l-Att, f’liema każ, iżda salv kif

hemm provdut fis-Sitt Skeda u fit-Tnax-il Skeda, ma jkunux

jgħoddu d-dispożizzjonijiet ta’ dan l-artikolu

Iżda, fil-każ ta’ Pensjoni Minima Nazzjonali li titħallas taħt

dan l-Att lil persuna miżżewġa li tkun qed tmantni lill-konjuġi

tiegħu/tagħha, il-proporzjon ta’ tnejn minn tlieta kif imsemmi qabel

f ’dan l-artikolu għandu jittella’ għal erbgħa minn ħamsa,iżda bla

ħsara għad-dispożizzjonijiet ta’ dan l-artikolu, b’effett mill-1 ta’ Jannar

2018, il-proporzjon imsemmi fis-subparagrafu (ii) iżjed ’il fuq, ma

jibqax jittella’ għal erbgħa minn ħamsa

I ż da w k ol l , b ’ e ff e t t m i ll - 1 t a ’ J a n na r 2 02 2 , m i n ke jj a d -

dispożizzjonijiet ta’ dan l-artikolu, kull meta l-Gvern jagħti żieda tal-

għoli tal-ħajja fir-rata tal-Paga Minima Nazzjonali kif titħallas lil

persuni ta’ tmintax (18)-il sena jew iżjed skont id-dispożizzjonijiet tal-

Att dwar l-Impiegi u r-Relazzjonijiet Industrijali, kwalunkwe

Għajnuna Soċjali li titħallas skont id-dispożizzjonijiet tal-artikolu 30

għandha, mid-data ta’ dik l-għotja jew mid-data ta’ minn meta dik l-

Għajnuna Soċjali tkun dovuta, tiġi awtomatikament miżjuda biż-żieda

sħiħa tal-għoli tal-ħajja

Iżda wkoll, meta persuna tkun intitolata għal żewġ

pensjonijiet jew iktar kif imsemmi qabel f’dan l-artikolu fl-istess

waqt jew għal pensjoni jew pensjonijiet kif imsemmi qabel f’dan l-

artikolu li tkun jew li jkunu supplimentati bl-Għajnuna Soċjali, dik

il-persuna tkun biss intitolata għal żieda waħda biss bħal dik

imsemmija qabel f’dan l-artikolu għar-rigward tal-istess perjodu.

Liġijiet ta' Malta — Kapitolu 318 — ATT DWAR IS-SIGURTÀ SOĊJALI

Art. 90B — ATT DWAR IS-SIGURTÀ SOĊJALI Open official source

(1) Bla ħsara għal kull dispożizzjoni oħra ta’ dan l-Att,

kull meta l-Gvern jagħti żieda tal-għoli tal-ħajja fir-rata tal-paga

minima nazzjonali kif titħallas lil persuni ta’ tmintax-il sena jew

iżjed skont id-dispożizzjonijiet tal-Att dwar l-I mpiegi u r-

Relazzjonijiet Industrijali, kull għajnuna medika li titħallas skont

id-dispożizzjonijiet tal-artikoli 20, 21, 22 u 24, u kull allowance li

titħallas skont id-dispożizzjonijiet tal-artikolu 69(1), għandha,

minn dik id-data ta’ dik iż-żieda jew minn dik id-data minn meta

dik l-għajnuna jew dik l-allowance tkun dovuta, liema tkun l-aħħar

data, tiġi awtomatikament miżjuda b’ammont daqs 20% ta’ dik iż-

żieda tal-għoli tal-ħajja.

(2) Bla ħsara għal kull dispożizzjoni oħra ta’ dan l-Att, kull meta

l-Gvern jagħti żjieda tal-għoli tal-ħajja fir-rata tal-paga minima

nazzjonali kif titħallas lil persuni ta’ tmintax-il sena jew iżjed skont id-

dispożizzjonijiet tal-A t t d w a r l - I m p i e g i u r- R e l a z z j o n i j i e t

Industrijali, kull allowance jew assistenza li titħallas skont id-

dispożizzjonijiet tal-artikoli 68 u 27, għandha minn dik id-data minn

meta dik l-allowance jew assistenza tkun dovuta, tiġi awtomatikament

miżjuda bl-għoli tal-ħajja sħiħ fil-każ ta’ Allowance Miżjuda għal

Carer, Assistenza Miżjuda għal Disabilità Severa, Assistenza għal

Disabilità Severa, Assistenza għal Persuna b’Vista Batuta u b’ammont

ekwivalenti għal tnejn minn tlieta minn dik iż-żjieda għall-għoli tal-

ħajja fil-każ ta’ Allowance għal Carer u Assistenza għal Disabilità.

Liġijiet ta' Malta — Kapitolu 318 — ATT DWAR IS-SIGURTÀ SOĊJALI

Art. 91 Persuni l-ħabs. Rinumerat: XXIV. 1993.2. Emendat: XXI. 1996.45; II. 2002.73; XXXII. 2007.63; XXXIX. 2015.9. — ATT DWAR IS-SIGURTÀ SOĊJALI Open official source

Persuna tkun skwalifikata milli tirċievi pensjoni,

benefiċċju, allowance jew għajnuna li titħallas taħt dan l-Att għal

xi perjodu li matulu tkun qed tinżamm fi stat ta’ priġunerija jew

detenzjoni b’konsegwenza ta’ sentenza mogħtija talli tkun instabet

ħatja ta’ reat

Iżda meta dik il-persuna kienet tkun qed tirċievi allowance

li titħallas taħt l-artikoli 76, 76A u 79, dik l-allowance għandha,

matul dak il-perjodu, titħallas lill-kap tal-familja li miegħu it-tifel

jew persuna, li dwarhom tkun qed titħallas dik l-allowance, ikunu

joqgħodu

Iżda wkoll meta dik il-persuna tkun persuna miżżewġa li

kien ikollha dritt għal pensjoni taħt dan l-Att, u li, minnufih qabel

ma ngħatat is-sentenza kif imsemmi fuq, ma kellhiex id-

dispożizzjonijiet tal-artikolu 96 japplikaw għaliha, il-konjuġi

tiegħu/tagħha għandu jkollu/jkollha dritt li jirċievi/tirċievi ħamsa

minn sitta tal-pensjoni li kienet titħallas lill-konjuġi tiegħu/tagħha

li kieku dik il-persuna ma kenitx skwalifikata taħt id-

dispożizzjonijiet ta’ dan l-artikolu, sakemm hi ma jkollhiex diġà

dritt għal pensjoni taħt dan l-Att bi dritt tagħha stess, jew nofs il-

pensjoni li kienet titħallas lill-konjuġi tiegħu/tagħha li kieku dik il-

persuna ma kenitx skwalifikata taħt id-dispożizzjonijiet ta’ dan l-

artikolu, sakemm dik il-persuna tkun diġà intitolata għal pensjoni

taħt dan l-Att bi dritt tagħha stess.

Liġijiet ta' Malta — Kapitolu 318 — ATT DWAR IS-SIGURTÀ SOĊJALI

Art. 92 Persuni msiefrin. Emendat: XVI.1989.16. Rinumerat: XXIV. 1993.2. Emendat: XXI.1996.46; XV. 2016.59. — ATT DWAR IS-SIGURTÀ SOĊJALI Open official source

(1) Persuna għandha tkun skwalifikata milli tirċievi -

(a) Benefiċċji dwar il-Mard u l-Korriment għal xi perjodu

li matulu tkun assenti minn Malta ħlief jekk -

(i)

tkun assenti filwaqt li jkollha mpieg bħal dak

imsemmi fil-paragrafu 2 tat-Taqsima I tal-

Ewwel Skeda li tinsab ma’ dan l-Att; jew

(ii) tipprova għas-sodisfazzjon tad-Direttur li l-

assenza tagħha minn Malta kellha x’taqsam mal-

kura medika tagħha nnifisha barra minn Malta

dwar dik il-marda jew dak il-korriment jew

marda industrijali li jkunu taw lok għat-talba

tagħha għal-benefiċċju;

(b) Għajnuna dwar il-Mard, Għajnuna dwar il-Lebbra, jew

Għajnuna dwar it-Tuberkolożi matul xi perjodu li fih

il-persuna li dwarha tkun qiegħda titħallas dik l-

għajnuna tkun assenti minn Malta ħlief jekk din il-

persuna tipprova għas-sodisfazzjon tad-Direttur li l-

assenza tagħha minn Malta kellha x’taqsam mal-kura

medika tagħha stess barra minn Malta għal dik il-

kundizzjoni jew marda li dwarha tkun qiegħda titħallas

dik l-għajnuna.

(2) Id-dritt għall-Għajnuna Soċjali jew għal Pensjoni tal-Età li

titħallas taħt dan l-Att ma għandux jintemm dwar xi membru tal-

familja li jkun barra minn Malta sakemm il-kap ta’ dik il-familja

jipprova għas-sodisfazzjon tad-Direttur li dik il-mawra barra minn

Malta għandha x’taqsam mal-kura medika ta’ dik il-persuna; b’dan

billi l-jedd għal dik l-għajnuna għandu jintemm wara li jgħaddu sitt

xhur li jibdew mill-ewwel jum tan-nuqqas ta’ dik il-persuna minn

Malta għal dik il-kura ħlief fejn dik il-mawra barra minn Malta

tkun approvata mill-Gvern.

(3) B’effett mill-1 ta’ Jannar 2016 id-dritt għall-Għajnuna

Soċjali jew Pensjoni tal-Età li titħallas taħt dan l-Att ma għandux

jintemm

(i)

meta persuna tagħti prova għas-sodisfazzjon tad-

Direttur illi tkun ser issiefer għal mhux aktar minn

tmint ijiem f’sena kalendarja f’pajjiż fl-Ewropa;

(ii) meta persuna tagħti prova għas-sodisfazzjon tad-

Direttur illi tkun ser issiefer għal mhux aktar minn

xahar f’sena kalendarja f’pajjiż barra mill-Ewropa.

(4) B’effett mill-1 ta’ Jannar 2016 id-dritt għall-Pensjoni tal-

Età li titħallas taħt dan l-Att ma għandux jintemm meta persuna

tagħti prova għas-sodisfazzjon tad-Direttur illi tkun ser issiefer

għal mhux aktar minn tliet xhur f’sena kalendarja fl-Awstralja, il-

Kanada jew New Zealand.

Liġijiet ta' Malta — Kapitolu 318 — ATT DWAR IS-SIGURTÀ SOĊJALI

Art. 93 — ATT DWAR IS-SIGURTÀ SOĊJALI Open official source

(1) Bla ħsara għad-dispożizzjonijiet ta’ dan l-Att, meta

matul xi perjodu persuna tkun qed tirċievi Servizz Residenzjali

Finanzjat mill-Istat, dik il-persuna għandha tħallas lill-Gvern dik

il-kontribuzzjoni skont ma tista’ tiġi ordnata taħt is-subartikolu (2).

Id-Direttur għandu jikkalkola l-kontribuzzjoni li għandha titħallas

minn dak ir-residenti skont id-dispożizzjonijiet ta’ dan l-artikolu.

(2)

Il-Ministru jista’, bi ftehim mal-Ministru responsabbli

għall-finanzi, jagħmel regolamenti li jkunu jipprovdu dwar il-

kalkolu tal-kontribuzzjoni dovuta minn residenti ta’ Servizzi

Residenzjali Finanzjati mill-Istat skont ma jkun hemm speċifikat fl-

istess regolamenti.

(3) Kontribuzzjonijiet dovuti skont id-dispożizzjonijiet ta’

hawn aktar qabel ta’ dan l-artikolu għandhom jitnaqqsu minn kull

benefiċċju, pensjoni, bonus, għajnuna jew allowance li għandha

titħallas taħt dan l-Att.

(4) Minkejja d-dispożizzjonijiet ta’ dan l-artikolu, meta

resident ta’ Servizz Residenzjali Finanzjat mill-Istat li jkun hostel,

li s-sid tiegħu ikun l-istat, għall-kura u l-benesseri ta’ persuni li

jkollhom diżabilità kif hemm fl-artikolu 131A, ikun persuna

miżżewġa li l-konjuġi tagħha ma jkunx residenti tali, u ma jkunx

qiegħed jirċievi xi benefiċċju, pensjoni, bonus, għajnuna jew

allowance li għandha titħallas taħt dan l-Att bi dritt lill-konjuġi

nnifsu, 60% mir-rata ta’ benefiċċju, pensjoni, bonus, għajnuna jew

allowance li kienet kieku xort’oħra titħallas lil dak ir-residenti

għandha titħallas lill-konjuġi li ma jkunx residenti

Iżda, b’seħħ mill-5 ta’ Jannar 2013, 70% mir-rata ta’

benefiċċju, pensjoni, bonus jew allowance li kienet kieku xort’oħra

titħallas lil dak ir-residenti, jew ir-rata ta’ Pensjoni tal-Età għall-

persuna waħedha skont is-Sitt Skeda, għandha titħallas lill-konjuġi li

ma jkunx residenti, liema tkun l-aktar vantaġġjuża.

(5) Meta ebda benefiċċju, pensjoni, bonus, għajnuna jew

allowance ma jkunu dovuti lil resident ta’ Servizz Residenzjali

Finanzjat mill-Istat, u sew jekk tali benefiċċju, pensjoni, bonus,

għajnuna jew allowance ikunux jitħallsu taħt dan l-Att sew jekk

minn xi sorsi oħra , jew meta tali benefiċċju, pensjoni, bonus,

għajnuna jew allowance ikunu inqas mill-ammont dovut bħala

kontribuzzjoni, kif speċifikat skont is-subartikolu (1), id-Direttur

tad-Dipartiment għall-Anzjani u Servizzi fil-Komunità jkollu s-

setgħa li jagħmel kuntratt ma’ dak ir-resident u, jew kull parti oħra,

skont il-ħtieġa tal-każ, dwar kull kontribuzzjoni li tista’ tkun

dovuta lill-Gvern skont id-dispożizzjonijiet ta’ dan l-artikolu.

(6) Kull riferenza f’dan l-artikolu għal xi servizz residenzjali

finanzjat mill-Istat hi riferenza għal dak is-servizz imsemmi fl-

artikolu 131(1)(a).

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 94 — SOCIAL SECURITY ACT Open official source

(5) Subject to the provisions of this Act, 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 payment

by the Director of the benefit in respect of the Additional Benefit to

counter the Cost of Living, as provided for in Part IX of the Fourteenth

Schedule.

84A. The Minister may from time to time by regulations under

this article, establish schemes, whereby subsidies may be paid by

the Director, in respect of children attending child day care centres

run by government of any other institution as may be specified in

the regulations, and may by such regulations prescribe the amount

of subsidy, the person in respect of whom such subsidy is to be

paid, and the manner in which the entitlement of such person is

assessed. Such subsidy shall in each case be paid directly to the

institution running the centre and shall not be taken into account in

calculating the income of the head of household of which the child

forms part for the purposes of this or any other law.

SOCIAL SECURITY

85. (1) Save as provided for in article 96 and subject to the

other provisions of this Act, a person who, on any day between

January and June or between July and December is entitled to

receive any pension (excluding an Injury Pension, where this is

being paid to a person who is in insurable employment or self-

o c c u p i e d ) , O r p h a n ’s A l l o w a n c e , O r p h a n ’s S u p p l e m e n t a r y

Allowance, Leprosy Assistance or Social Assistance (other than

that payable by way of an allowance under the provisions of article

30(9), but including that payable under the provisions of article

30(10)) in accordance with the provisions of this Act, shall be

entitled to receive a bonus. Such bonus shall consist of a sum of

€135.10 paid every six months in June and December of each year

Provided that notwithstanding any other provisions of this

Act, such person shall only be entitled to receive one bonus at the

same time.

(2) Save as provided for in article 96 and subject to the other

provisions of this Act, a person who becomes entitled to any

pension, assistance or allowance as is referred to in sub-article (1),

shall also be entitled to receive an Additional Bonus every four

weeks at the rate of €3.12 per week over and above the bonuses to

which he is entitled by virtue of this article

Provided that notwithstanding any other provisions of this

Act, such person shall only be entitled to receive one Additional

Bonus at the same time

Provided further that such Additional Bonus shall only

remain payable until such time as any such pension, assistance or

allowance as is referred to in the said sub-article (1) is payable.

(3) Save as provided for in article 96 and subject to the other

provisions of this Act, a person who is entitled to receive any

pension (excluding an Injury Pension where this is being paid to a

person who is in insurable employment or who is self-occupied),

shall also be entitled to receive a Cost of Living Bonus. Such bonus

shall be payable at the rate specified in Part J of the Twelfth

Schedule over and above the bonuses to which such person may be

entitled to by virtue of this article

Provided that, notwithstanding any other provisions of this

Act, such person shall only be entitled to receive one Cost of

Living Bonus at the same time for any pension payable under this

Act

Provided further that where a pension is being paid under

an agreement in terms of article 134, the Cost of Living Bonus shall

be paid pro rata as applicable to the assessment of the pension rate

under such agreement.

(4) With effect from 1st January, 2015, residing in Malta or an EU

member State persons who have reached pension age according to

article 2, but have not yet reached the age of 75, who have retired from

employment and are not in receipt of a Contributory Pension, but have

paid between 50 and 259 social security contributions will be paid the

sum of €100 per year whereas persons who paid more than 260 social

security contributions will receive a payment of €200 per year.

SOCIAL SECURITY

(5) Notwithstanding the provisions of sub-article (4), with effect

from January 2017, the rate due to persons who have reached pension

age according to the definition ''pension age'' in article 2, but have not

yet reached the age of 75, who have retired from employment and are

not in receipt of a Contributory Pension, but have paid between 50 and

259 social security contributions shall be €150 per year whereas the

rate due to persons who have reached pension age according to the

definition ''pension age'' in article 2, but have not yet reached the age

of 75, who have retired from employment and are not in receipt of a

Contributory Pension, but have paid more than 260 social security

contributions shall be €250 per year.

(6) Notwithstanding the provisions of sub-articles (4) and (5), with

effect from 1st January 2019, the rate due to persons who have reached

pension age according to the definition ''pension age'' in article 2, but

have not yet reached the age of seventy-five (75), who have retired from

employment and are not entitled to a Contributory Pension, but have

paid between fifty (50) and two hundred and fifty-nine (259) social

security contributions shall be two hundred euro (€200) per year

whereas the rate due to persons who have reached pension age according

to the definition ''pension age'' in article 2, but have not yet reached the

age of seventy-five (75), who have retired from employment and are not

entitled to a Contributory Pension, but have paid more than two hundred

and sixty (260) social security contributions shall be three hundred euro

(€300) per year

Notwithstanding the provisions of sub-article (6), with effect from

1st January 2020, the rate due as provided for in sub-article (6) shall

not cease to be paid even when the person reaches the age of seventy-

five (75) years.

(7) Notwithstanding the provisions of sub-articles (4), (5) and (6),

with effect from 1st January 2021, the rate due to persons who have

reached pension age according to the definition ''pension age'' in article

2, who have retired from employment and are not entitled to a

Contributory Pension, but have paid between fifty (50) and two-

hundred and fifty-nine (259) social security contributions shall be two-

hundred and fifty euro (€250) per year, whereas the rate due to persons

who have reached pension age according to the definition ''pension

age'' in article 2, who have retired from employment and are not

entitled to a Contributory Pension, but have paid more than two-

hundred and sixty (260) social security contributions shall be three-

hundred and fifty euro (€350) per year

Notwithstanding the provisions of sub-article (6), with effect

from 1st January 2020, the rate due as provided for in sub-article (6)

shall not cease to be paid even when the person reaches the age of

seventy-five (75) years.

(8) Notwithstanding the provisions of sub-articles (4), (5), (6) and

(7), with effect from 1st January 2022, the rate due to persons who

have reached pension age according to the definition ''pension age'' in

article 2, who have retired from employment and are not entitled to a

Contributory Pension, but have paid between fifty (50) and two-

SOCIAL SECURITY

hundred and fifty-nine (259) social security contributions shall be four

hundred euro (€400) per year, whereas the rate due to persons who

have reached pension age according to the definition ''pension age'' in

article 2, who have retired from employment and are not entitled to a

Contributory Pension, but have paid at least two-hundred and sixty

(260) social security contributions shall be five hundred euro (€500)

per year.

(8A) Notwithstanding the provisions of sub-articles (4), (5), (6), (7)

and (8), with effect from 1st January 2023, the rate due to persons who

have reached pension age according to the definition ''pension age'' in

article 2, who have retired from employment and who shall not be

entitled to a Contributory Pension, and however have paid between

fifty (50) and two hundred and fifty-nine (259) social security

contributions shall be four hundred and fifty euro (€450) per year,

whereas the rate due to persons who have reached pension age

according to the definition ''pension age'' in article 2, who have retired

from employment and who shall not be entitled to a Contributory

Pension, and however have paid at least two hundred and sixty (260)

social security contributions shall be five hundred and fifty euro

(€550) per year.

(8B) Notwithstanding the provisions of sub-articles (4), (5), (6),

(7), (8) and (8A), with effect from 1st January 2024, the rate due to

persons who have reached pension age according to the definition

''pension age'' in article 2, who have retired from employment and are

not entitled to a Contributory Pension, but have paid between fifty (50)

and two-hundred and fifty-nine (259) social security contributions

shall be five hundred euro (€500) per year, whereas the rate due to

persons who have reached pension age according to the definition

''pension age'' in article 2, who have retired from employment and are

not entitled to a Contributory Pension, but have paid at least two-

hundred and sixty (260) social security contributions shall be six

hundred euro (€600) per year.

(8C) Notwithstanding the provisions of sub-articles (4), (5), (6),

(7), (8), (8A) and (8B), with effect from 1st January 2025, the rates

due to persons who have reached pension age according to the

definition "pension age'' in article 2, who have retired from

employment and are not entitled to a Contributory Pension, but have

paid between fifty (50) and five-hundred and nineteen (519) social

security contributions shall be the rates explained in Item M of the

Twelfth Schedule.

(9) Subject to the provisions of this Act, with effect from 1 st

January 2020, it shall be the right of a parent to be paid a one-time

child birth or adoption bonus of three hundred euro (€300) upon the

birth of a child or in the case of an adoption for such births or adoptions

registered with the Malta Public Registry

Provided that, subject to the provisions of this Act, with

effect from 1st January 2022, it shall be the right of a parent to be paid

a one-time child birth or adoption bonus of four hundred euro (€400)

SOCIAL SECURITY

upon the birth of a child or in the case of an adoption, for such births or

adoptions registered with the Malta Public Registry

Provided further that, subject to the provisions of this Act,

with effect from 1st January 2024, it shall be the right of a parent to be

paid a one-time child birth or adoption bonus of five hundred euro

(€500) upon the birth of a child or in the case of an adoption, for such

births or adoptions registered with the Malta Public Registry, and a

one-time bonus of one thousand euro (€1,000) for every subsequent

birth or adopted children that parent has and who are registered with

the Malta Public Registry

Provided further that subject to the provisions of this Act,

with effect from 1st January 2025, it shall be the right of a parent to be

paid a one-time child birth or adoption bonus of five hundred euro

(€500) upon the birth of a child or in the case of an adoption, or for

such births or adoptions registered with the Public Registry, a one-time

bonus of one thousand euro (€1,000) for the second birth or adoption

registered with the Public Registry, and a one-time bonus of one

thousand and five hundred euro (€1,500) for every subsequent birth or

adopted children that parent has and who are registered with the Public

Registry

Provided further that subject to the provisions of this Act,

with effect from 1st January 2026, it shall be the right of a parent to be

paid a one-time child birth or adoption bonus of one thousand euro

(€1,000) upon the registration in the Public Registry of the birth of the

first child or an adoption, a one-time bonus of one thousand and five

hundred euro (€1,500) for the second birth or subsequent adoption

registered at the Public Registry, and a one-time bonus of two

thousand euro (€2,000) for every subsequent birth or the adoption of

subsequent children of that parent registered at the Public Registry

Provided further that, any claim for child birth or adoption

bonus shall not be accepted by the Director unless it is made by a

citizen of Malta or of the European Union or by a person married to a

citizen of Malta, provided that the parent has been an ordinarily

resident of Malta for a period of at least ten (10) years immediately

prior to the claim.

86. The bonus payable to any person under article 85(1) and,

or article 85(2) shall be abated by the amount of any bonus which

such person is entitled to receive from any employer in accordance

with the Employment and Industrial Relations Act, 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, as the case may

be

Provided that where any apportionment is required under

article 87, the amount of any Bonus which the husband is entitled

to receive from any employer as aforesaid in this article and any

SOCIAL SECURITY

weekly allowance payable by any employer in terms of the Weekly

Allowance National Standard Order, 1988 shall be abated from the

Bonus and/or Additional Bonus due to the husband under article 85

before the apportionment of such Bonus and/or Additional Bonus is

made.

87. (1) Where, in the case of a married couple in respect of

whom article 96(1) and (2) do not apply, and one of the married

couple has become an inmate of an institution as is referred to in

article 93 and the provisions of the said article 93 have commenced

to apply in regards to such person, the Bonus, or part thereof, and

the Additional Bonus payable under article 85 shall each be

apportioned equally between the said couple.

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

spouse is entitled to the Bonus, or part thereof, and, or, the

Additional Bonus under this article in the spouse’s own right or is in

insurable employment or self-occupied.

(3) Where in the case of a married couple in respect of whom

article 96(1) and (2) does not apply, and one of the married couple has

become an inmate of an institution as is referred to in article 93, and

the provisions of the said article 93 have commenced to apply in

regards to such person, the Cost of Living Bonus or part thereof

payable under article 85(3) shall be apportioned in accordance with

article 93(4).

88. (1) The Minister may, by order in the Gazette, provide for

the payment of an ex gratia benefit by way of payment of any

emergency assistance in cash or in kind by the Director General

(Social and Family Affairs) appointed by the Prime Minister to

certain categories of persons and at such rates and in such form and

manner and for such time as he may determine with the

concurrence of the Minister responsible for finance.

(2) The aforementioned Director General shall keep such

system of accounts and shall adopt such measures for the custody

of monies entrusted to him by the Director for the purposes of and

in accordance with sub-article (1)(b) 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

Accountant General, the Auditor General and the Director.

PART VII

MISCELLANEOUS PROVISIONS IN RESPECT OF PENSIONS,

ALLOWANCES, BENEFITS AND ASSISTANCE PAYABLE UNDER

THIS ACT

SOCIAL SECURITY

89. No pension payable to a person under article 26 or Parts IV

or V of this Act shall be reduced by reason of any increase taking

effect after such person becomes entitled to a pension as aforesaid,

in the amount payable to such person by way of Service Pension,

or, in the case of a widow, by way of a pension from an employer of

her late husband which is related to the employment of her late

husband; sohowever that, where any such pension as is payable

under this Act needs to be increased as a result of a revision in or a

reassessment of the rates of such pension, any increases payable to

such person by way of a Service Pension or, in the case of a widow,

by way of a pension from an employer of her late husband which is

related to the employment of her late husband, taking effect after

such person or widow becomes entitled to a pension as aforesaid

shall then be taken into account

Provided that any such increases shall not only not adversely

affect the rate of pension as is already payable to him or her

immediately before such revision or reassessment as aforesaid in

this article, but such pensioner shall, furthermore, be entitled to an

increase in his or her rate of pension under this Act equivalent to

two-thirds of the wage increase that is required by law to be

awarded generally if such revised or re-assessed pension as is

payable under this Act would otherwise entitle such pensioner to a

lower increase.

90. Unless specifically provided or otherwise implied in this

Act in respect of Social Assistance, an Age Pension, a Carer’s

Allowance and an Increased Carer’s Allowance payable under this

Act', where a person would be entitled, but for this article, to two

pensions, allowances, benefits or assistance at the same time he

shall not be entitled to both, but shall be entitled to that pension,

allowance, benefit or assistance which is more advantageous or

which is payable at a higher rate

Provided that -

(a) the provisions of this article shall not apply in the case

of Marriage Grant, Orphan’s Allowance, Children’s

Allowance, Care allowance, Maternity Benefit,

Medical Assistance, Supplementary Allowance, Injury

Grant or Injury Pension, Bonus or Additional Bonus

payable under this Act;

(b) a person shall be entitled to receive two or more injury

pensions at the same time insofar as the sum of the

weekly rates of these pensions does not exceed the rate

of pension to which he would be entitled in respect of

loss of faculty which was assessed at 90% or more;

(c) with effect from the 1st July, 1989, a person over the

age of sixty years who is or could be barred from

receiving an Age Pension under this Act because of the

provisions of article 66(b)(ii) shall not be deemed to

qualify for an Assistance in terms of article 27 unless

such person can prove to the satisfaction of the

Director that he had been suffering from a mental

severe subnormality or from cerebral palsy or that he

SOCIAL SECURITY

had been a severely disabled person or that he had

been a visually impaired person in terms of this Act

prior to reaching his sixtieth birthday;

(d) with effect from 1st January 2025, in the case of a person

eligible for the payment of a pension in respect of

retirement under the provisions of Part V and

immediately before his retirement was in receipt of an

assistance under the provisions of article 27 or an Injury

Pension in accordance with the provisions of article 29,

the retirement pension shall be increased up to the

National Minimum Wage, provided that the increase is

not less than 10% of the rate of the Assistance or Injury

Pension paid to the person under the provisions of

articles 27 and 29 prior to retirement

Provided further that, with effect from the 5th January 2008,

where in a calendar year a head of household becomes entitled to

Children’s Allowance in terms of this Act, such head of household

shall not be entitled to more than one rate of Children’s Allowance for

the same period.

90A. Notwithstanding any other provisions of this Act,

whenever Government awards a cost-of-living increase in the rate

of the National Minimum Wage as is payable to persons of eighteen

years of age or over under the provisions of the Employment and

Industrial Relations Act, any Social Assistance or pension payable

under and in accordance with the foregoing provisions of this Act

(including an Orphan’s Supplementary Allowance but excluding -

(i) an Injury Pension assessed at 89% or less, and

(ii) any National Minimum Pension Additional

Allowance),

shall, as from the date of such award or the date as from which such

pension or assistance becomes due, whichever is the latter date,

automatically be increased by an amount equivalent to two-thirds

of such cost-of-living increase unless a higher increase is due under

the aforesaid provisions of this Act, in which case, but save as

provided for in the Sixth and Twelfth Schedules to this Act, the

provisions of this article shall not apply

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 without

prejudice to the provisions of this article shall be upgraded to four-fifths,

sohowever that with effect from 1 st January 2018, the aforementioned

proportion in subparagraph (ii) above, shall cease to be upgraded to

four-fifths

Provided further that, with effect from 1st January 2022,

notwithstanding the provisions of this article, whenever the

Government awards a cost-of-living increase in the rate of the

National Minimum Wage as is payable to persons of eighteen (18)

years of age or over under the provisions of the Employment and

Industrial Relations Act, any Social Assistance paid in accordance

SOCIAL SECURITY

with the provisions of article 30 shall, as from the date of such award

or the date as from which such Social Assistance becomes due, be

automatically increased by the full cost-of-living increase

Provided further that, where a person is entitled to two or

more pensions as aforesaid in this article at the same time or to a

pension or pensions as aforesaid in this article which is or are being

supplemented by Social Assistance, such person shall only be

entitled to only one such automatic increase as aforesaid in this

article in respect of the same period.

90B. (1) Notwithstanding any other provision of this Act,

whenever Government awards a cost-of-living increase in the rate

of the national minimum wage as is payable to persons of eighteen

years of age or over under the provisions of the Employment and

Industrial Relations Act, any medical assistance paid in terms of

the provisions of articles 20, 21, 22 and 24 and any allowance paid

in terms of article 69(1), shall, as from the date of such award or

from the date from which such assistance or allowance becomes

due, whichever is the later date, automatically be increased by an

amount equivalent to 20% of such cost-of-living increase.

(2) Without prejudice to any other provision of this Act,

whenever Government awards a cost-of-living increase in the rate of

the national minimum wage as is payable to persons of eighteen years

of age or over under the provisions of the Employment and Industrial

Relations Act, any allowance or assistance payable under the

provisions of articles 68 and 27 shall, from such date when such

allowance or assistance is due, be automatically increased by the full

cost-of-living increase in the case of an Increased Carer’s Allowance,

Increased Severe Disability Assistance, Severe Disability Assistance,

Assistance for the Visually Impaired and by an amount equivalent to

two-thirds of the cost-of-living increase in the case of a Carer’s

Allowance and Disability Assistance.

91. A person shall be disqualified from receiving a pension,

benefit, allowance or assistance payable under this Act for any

period during which he/she is undergoing i mprisonment or

detention in pursuance of a sentence passed on conviction from an

offence

Provided that where such person would have been in receipt

of the allowances payable under articles 76, 76A and 79, such

allowances shall, during any such period, be paid to the head of

household with whom the child or person, in respect of whom such

allowance is being paid, is living

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/

SOCIAL SECURITY

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.

92. (1) A person shall be disqualified from receiving -

(a) Sickness and Injury Benefits for any period during

which he is absent from Malta unless -

(i)

he is absent in the course of employment of the

kind described in paragraph 2 of Part I of the

First Schedule to this Act; or

(ii) he proves to the satisfaction of the Director that

his absence from Malta was in connection with

his own medical treatment abroad in respect of

that sickness or injury or industrial disease

which has caused his claim for benefit;

(b) Sickness Assistance, Leprosy Assistance, or

Tuberculosis Assistance during any period in which

the person in respect of whom such assistance is being

paid is absent from Malta unless he proves to the

satisfaction of the Director that his absence from Malta

was in connection with his own medical treatment

abroad for that condition or disease in respect of which

such assistance is being paid.

(2) Entitlement to Social Assistance or to an Age Pension

payable under this Act shall not be extinguished in respect of any

member of the household who is abroad provided the head of such

household proves to the satisfaction of the Director that such visit

abroad is in connection with the medical treatment of such person;

sohowever that the right for such assistance shall be extinguished

after the lapse of six months starting from the first day of the

person’s absence from Malta for such treatment except where such

visit abroad was approved by Government.

(3) With effect from the 1st January 2016 entitlement to Social

Assistance or to an Age Pension payable under this Act shall not be

extinguished

(i)

when a person proves to the satisfaction of the

Director that he or she shall be abroad in a European

country for a period not exceeding eight days in a

calendar year;

(ii) when a person proves to the satisfaction of the

Director that he or she shall be abroad in a Non-

European country for a period not exceeding one

month in a calendar year.

(4) With effect from the 1st January 2016 entitlement to an Age

Pension payable under this Act shall not be extinguished where a

person proves to the satisfaction of the Director that he or she shall

be abroad in Australia, Canada or New Zealand for a period not

exceeding three months in a calendar year.

SOCIAL SECURITY

93. (1) Subject to the provisions of this Act, where during any

period a person is receiving a State Financed Residential Service,

such person shall pay to the Government such contribution as may

be prescribed under sub-article (2). The Director 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 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

Provided that, with effect from the 5th January 2013, 70% of

the rate of benefit, pension, bonus, assistance or allowance which

would have otherwise been payable to such resident. or the rate of Age

Pension for a single person in accordance with the Sixth Schedule,

shall be payable to the spouse who is not a resident, whichever is the

most beneficial.

(5) Where no benefit, pension, bonus, assistance or allowance

is due to a resident of a state financed residential service, 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

sub-article (1), the Director of the Department for the Elderly and

Community Services 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.

(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).

SOCIAL SECURITY

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

period a person is receiving 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, such person shall pay to the

Government such contribution as may be prescribed under sub-

article (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 sub-article (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.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 95 Persons benefiting from home-care/ home-help services provided by Government. — SOCIAL SECURITY ACT Open official source

(1) A person who is benefiting from home-care/home-help

services provided by Government as are described in article

131(1)(a)(iii) and who is at the same time receiving any pension,

including a Widow’s Benefit, or Social Assistance payable under

this Act, shall, during the whole period within which such person is

benefiting from such services, have his pension or Social

Assistance abated by €2.33 per week or, where such services

include the preparation of meals, by €3.49 per week; sohowever

that, where such services are being rendered to a married couple

who are living together and of whom only one is in receipt of a

pension or Social Assistance that pension or Social Assistance shall

be abated by €3.49 per week or, where such services include the

preparation of meals, by €5.24 per week.

(2)

Any abatement made by virtue of the provisions of sub-

SOCIAL SECURITY

article (1) shall be paid to Government.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 96 Separate pensions and split bonus and split additional bonus. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

(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.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 97 Time and manner of making claims. — SOCIAL SECURITY ACT Open official source

(1) It shall be a condition of any person’s right to any

benefit, pension, allowance, injury grant or assistance granted

under the provisions of this Act that -

(a) he makes a claim therefor on the official form of the

Department for that benefit, pension, allowance, injury

grant or assistance or in such other manner as the

Director may otherwise determine in respect of any

particular benefit, pension, allowance, injury grant or

assistance or with respect to any particular claim, and

that this claim is officially received by the Department

within the respective time limits laid down in sub-

article (2);

(b) he produces such certificates, documents, information

and evidence for the purpose of determining his right

to such benefit, pension, allowance, injury grant or

assistance as the Director may, from time to time,

require and for that purpose attends at such office or

place as the Director may appoint.

SOCIAL SECURITY

(2) The time limits referred to in sub-article (1)(a) shall be as

follows

(a) in the case of Sickness Benefit and Injury Benefit, ten

days starting from the first day of incapacity for work,

and in the case of an injury grant/injury pension that

may be payable as a consequence of the after effects of

an injury, within a month of the diagnosis of such after

effects;

(b) in the case of Unemployment Benefit or Special

Unemployment Benefit, Social Assistance, Medical

Assistance, an Age Pension, an Increased Severe

Disability Assistance, Severe Disability Assistance,

Disability Assistance, an Assistance for the Visually

Impaired, a Carer’s Allowance, Increased Carer’s

Allowance, a Pension in respect of Invalidity or a

Supplementary Allowance, five days starting from the

day in respect of which the claim is made;

(c) in the case of a Marriage Grant, a Maternity Benefit, a

Children’s Allowance, a Disabled Child Allowance or

a Pension in respect of Retirement or Widowhood, six

months starting from -

(i)

the day on which the child is born, in respect of

a Maternity Benefit, a Children’s Allowance and

a Disabled Child Allowance;

(ii) the day on which the person concerned reaches

his retirement, in the case of a Pension in respect

of Retirement;

(iii) the day on which the female concerned becomes

a widow, in the case of a Pension in respect of

Widowhood; and

(iv) the day of marriage, in the case of a Marriage

Grant

Provided that if no claim is made for any of the aforesaid

benefits, pensions, allowances or assistance within the aforesaid

time limits, entitlement to such benefits, pensions, allowances and

assistance shall only accrue as from the date on which the relevant

claim is accepted by the Director as having been officially received

by the Department; sohowever that in the case of a Marriage Grant

or Maternity Benefit no entitlement to such benefit shall accrue

after the lapse of the period referred to in paragraph (c)

Provided further that -

(i)

for the purposes of this sub-article any such

claim as aforesaid in this sub-article shall not be

accepted as having been officially received by

the Department unless and until it bears such

official departmental stamp as may be

determined by the Director, which stamp shall

include the date on which such a claim had been

so officially received by the Department; and

(ii) where the person making a claim for such

SOCIAL SECURITY

benefit, pension, allowance or assistance as

aforesaid proves to the satisfaction of the

Director that any delay in having his claim

officially received by the Department was not

due to any negligence on his part, the Director

may, at his discretion, consider the claim as

having been officially received in good time,

either -

(a) if such a delay does not exceed a period of

one hundred and four weeks, or

(b) in the case of a Disabled Child Allowance if

the delay was due in the time taken to

process conclusive medical evidence of

such disability, or

(c) in the case of a Children’s Allowance, if

such allowance was in payment prior to the

first Saturday of July, 1996, and the

Director is satisfied that the beneficiary had

not been requested to submit a declaration

in accordance with the provisions of Part

VII of the Second Schedule to this Act.

(3) Where at any time prior to the 23rd February, 1990, any

person submitted to the Director a claim for Children’s Allowance

or Special Allowance under this Act and, for whatever reason such

allowance remained unpaid or suspended by the date aforesaid in

this sub-article, such person may notwithstanding that such person

had failed to appeal to the Umpire appointed under this Act or to

take any other action competent to him at law, submit a fresh claim

to the Director for such allowance by not later than 30th April,

1990. The provisions of article 98(4) shall apply to the claim which

has given rise to such fresh claim, and if no such fresh claim is so

submitted as aforesaid, such allowance shall not be payable under

this Act in relation to any period prior to the 23rd February, 1990

Provided that the foregoing provisions of this sub-article

shall not apply in the case of a claim for Children’s Allowance

made in respect of a child born on or after the 23rd August, 1989,

or, in the case of a claim for Special Allowance, made in respect of

a person who has reached his sixteenth birthday on or after the 23rd

August, 1989; but in any such cases the provisions of article 98(4)

shall nonetheless apply

Provided further that, the foregoing provisions of this sub-

article shall also apply to claims which were originally lodged

between the 23rd February, 1990 and the 19th April, 1990 in

respect of periods prior to the 23rd February, 1990.

(4) Unless otherwise stated in the relative provisions of this

Act, where a person is in any way disqualified from receiving

benefit, pension, allowance or assistance under this Act, he shall

not again become entitled to such benefit, pension, allowance or

assistance under and in accordance with the provisions of this Act

unless he makes a fresh claim therefor in terms of the foregoing

provisions of this article and for this purpose, the respective time

SOCIAL SECURITY

limits laid down in sub-article (2) shall, in each and every case,

take effect as from the date on which such disqualification as

aforesaid in this article ceases.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 98 Payments. — SOCIAL SECURITY ACT Open official source

(1) Where any person is entitled to any pension, benefit,

allowance or assistance under this Act, payment shall be made -

(a) at the Department or at such other place or in such

manner as the Director may from time to time

determine; and

(b) in the case of -

(i)

a Marriage Grant, Injury Grant or Maternity

Benefit, as soon as possible after the claim has

been determined;

(ii) Sickness, Injury, Unemployment and Special

Unemployment Benefits, or social assistance in

respect of unemployment, in arrears at such

intervals as the Director may from time to time

determine; sohowever that, where a claim for

Sickness Benefit is made while the person

concerned is temporarily abroad, payment of

such benefit shall be made in arrears in one lump

sum as early as possible after the person returns

to Malta;

(iii) any pension, social or medical assistances, in

advance at such intervals (being intervals not

longer than five weeks) as the Director may

from time to time determine, but whenever the

rates are increased the difference between the

new rates and the old rates may be paid in

advance at intervals not exceeding twenty-six

weeks from the date when the rates are

increased; and

(iv) a

Supplementary

Allowance,

Children’s

Allowances, Care allowance and a Disabled

Child Allowance, in advance at such intervals

(being intervals not longer than fourteen weeks)

as the Director may, from time to time,

determine

Provided that, subject to the provisions of article

90, with effect from the 5th January 2008, in the

case of the Fixed Children’s Allowance, in advance

at such intervals, being intervals of not longer than

53 weeks, as the Director may from time to time

determine.

(2) Where the day on which a person becomes entitled to a

pension, including Widow’s Benefit, allowance or assistance or

becomes entitled to any of them at a new rate, is not a Saturday,

with effect from the 15th October, 1977, entitlement to such

pen s ion , al lo wa n c e o r as s is t a nc e an d/o r it s n e w ra te shal l,

notwithstanding the foregoing provisions of this Act, accrue only

as from the following Saturday, and, where the day on which a

SOCIAL SECURITY

person ceases to be entitled to any of them, or being so entitled,

dies, is not a Friday, payment shall be made in respect of the whole

week which ends on the following Friday

Provided that, notwithstanding the provisions of this sub-

article, with effect from the 1st January 2016, entitlement to a

Pension under Part V shall accrue as from the day following the

day on which a person retires, and entitlement to a Pension under

Part IV shall accrue as from the day following the date of the death

of the spouse who is entitled to a Pension under Part V.

(3) Any payments made in advance in accordance with sub-

article (1)(b)(iii) and (iv) shall still be deemed to have been due to

the beneficiary notwithstanding the fact that, during the period

falling between the date of such payment and the date on which

such payment expires in terms of sub-article (2), there has been a

change in circumstances which would otherwise have adversely

affected the rate of such payment forthwith in terms of the other

provisions of this Act.

(4) Notwithstanding any of the provisions of this Act, any

claim for the payment of any benefit, pension, assistance or

allowance under this Act shall not be paid in arrears for a period

exceeding six months, as the Director may determine, if the

assessment or re-assessment or the continued payment of such a

claim was held back as a result of the non-observance of the

provisions of article 97(1)(b) on the part of the claimant.

(5) Where any benefit, pension, assistance or allowance under

this Act is paid following the advice of the Department’s medical

panel and multi-disciplinary panel, where applicable, in accordance

with the proviso to article 106, if this advice is subsequently

changed following a advice of the previous medical panel and

multi-disciplinary panel, where applicable, shall remain valid till

the day when the aforesaid advice is changed.

(6) Where payment for any benefit, pension, assistance or

allowance under this Act is not obtained by the beneficiary within 2

years from the date of the issue of the original cheque, the right for

such benefit, pension, assistance or allowance shall be lost.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 99 Non-payment of arrears of any benefits, pensions, assistance or allowance to persons with dual citizenship. — SOCIAL SECURITY ACT Open official source

Where any benefit, pension, assistance or allowance

payable under this Act requires either specifically or by implication

or inference that the claimant or the person in respect of whom such

benefit, pension, assistance or allowance is payable should be a

citizen of Malta, claims for such benefits, pensions, assistance or

allowances by persons holding dual citizenship in virtue of article

27 of the Constitution of Malta shall not be allowed for periods

prior to the 1st August, 1989.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 100 Representation of deceased persons, and persons unable to act. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

Subject to the provisions of this Act, where a person who

has made a claim for benefit, pension, assistance or allowance or

who is alleged to be or to have been entitled to a benefit, pension,

assistance or allowance, or to whom any benefit, pension,

assistance or allowance is payable is unable to act or dies, the

Director may appoint such person as he may think fit to proceed

with, or to make, a claim or to receive payment of such benefit,

SOCIAL SECURITY

pension, assistance or allowance on behalf of or as representative

of that person. Any person so appointed shall, for all the purposes

of this article, be conclusively deemed to be the lawful

representative of that other person or his estate.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 101 Benefit, pension, allowance or assistance to be inalienable. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

(1) Subject to the provisions of this Act, every

assignment of or charge on, and every agreement to assign or

charge any benefit, pension, allowance or assistance, shall be void

Provided that nothing in this sub-article shall be construed

as limiting the provisions of the Income Tax Management Act, with

regard to the withholding of tax at source, and provided further that

the Director may 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, benefit, assistance,

allowance, bonus or additional bonus paid under this Act, any sum

due which is in accordance with the regulations issued in terms of

the provisions of article 93 to the Government.

(2) Any benefit, pension, allowance or assistance may not be

subjected to a garnishee order or otherwise attached nor may any

judgment be executed thereon.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 102 Repayment of benefit, pension, allowance or assistance improperly received. — SOCIAL SECURITY ACT Open official source

(1) Save as provided for in article 98(3), with effect from

the 1st of April 1978, any person who has received any sum by way

of benefit, pension, allowance or assistance under this Act to which

he was not entitled in terms of the provisions of this Act shall be

liable to repay to the Director the sum so received by him, and the

Director shall, without prejudice to any other right competent to

him at law, recover such sum by means of deductions from any

benefit, pension, allowance or assistance to which he thereafter

becomes entitled

Provided that, with effect from the 6th January 1990 -

(i)

where such overpayment occurs as a result of the

non-disclosure or misrepresentation of a

material fact (whether the non-disclosure or

misrepresentation was or was not fraudulent) the

rate of recovery by means of deductions from

any benefit, pension, allowance or assistance to

which he thereafter becomes entitled shall be

determined by the Director but shall in no case

be less than the equivalent of 10% of the rate of

benefit, pension, allowance or assistance to

which he thereafter becomes entitled; and

(ii) where such overpayment occurs as a result of

any eventuality other than those mentioned in

paragraph (i) of this proviso, the rate of recovery

by means of deductions from any benefit,

pension, allowance or assistance to which he

thereafter becomes entitled shall also be

determined by the Director but shall in no case

exceed the equivalent of 5% of the rate of

benefit, pension, allowance or assistance to

which he thereafter becomes entitled unless the

SOCIAL SECURITY

beneficiary or pensioner concerned, as the case

may be, requests that a higher rate of such

deduction be effected; so however that, in any

case the Director shall have no right to effect

any such deductions as are referred to in this

paragraph in respect of overpayments which

have been made prior to the period of two years

going back from the date when the Director

became aware of such overpayment irrespective

of the period to which the overpayment refers

Provided further that, with the exclusion of the provisions of

paragraph (i) of the foregoing proviso of this sub-article and the

provisions relating to the period of years in respect of which

overpayments shall be refunded as are referred to in paragraph (ii)

of the said proviso, the foregoing proviso of this sub-article shall,

with effect from the 6th January, 1990, also apply to cases wherein

such overpayment was discovered by the Department at any time

before the 6th January, 1990, and such overpayment or part thereof

was still due to the Department after the aforesaid date.

(2) Where any person received any Unemployment Benefit,

Special Unemployment Benefit or Social Assistance under this Act

under false pretences, and between the 1st November, 1990, and the

31st December, 1990, both dates inclusive, voluntarily came

forward and informed Jobsplus of his abuse in this respect, such

person shall, for the purposes of this article, not be deemed liable to

repay to the Director any benefit or assistance as aforesaid in this

sub-article so paid to him in respect of any period up to the date

when he so informed the above-mentioned Corporation.

(3) Where any person is in receipt of any benefit, pension,

allowance or assistance payable under this Act, and has failed to

pay any Class Two contribution due in terms of the provisions of

this Act, or has paid a contribution at a rate, or at a category, or of a

class which is not in accordance with the provisions of this Act, the

Director may recover any amount due in respect of such

contributions by means of deductions from any benefit, pension,

allowance or assistance to which such person thereafter becomes

entitled, and the rate of recovery for such deductions shall be as

provided for in terms of paragraph (i) of the first proviso to sub-

article (1).

(4) Where any person who is in receipt of any benefit, pension,

allowance or assistance payable under this Act has received any

sum by way of benefit, pension, allowance or assistance under this

Act to which he was not entitled in terms of the provisions of this

Act, and subsequently becomes entitled to a lump sum by way of

any arrears of benefit, pension, allowance or assistance payable

under this Act as a result of any revision, re-assessment or

entitlement to new benefit, pension or allowance under this Act,

then any sum still due to be refunded in terms of sub-article (1)

shall, to the extent that such sum can be so deducted, be deducted

from any arrears to which he may subsequently become entitled as

aforesaid.

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 103 Recovery of benefits in respect of injury caused by wilful act or negligence. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

(1) The Director shall have the right to claim by civil

action the amount of any benefit paid or payable under this Act -

(a) from any person, other than the beneficiary, where an

injury in respect of which benefit is paid or payable

was caused by wilful act or the negligence of such

person or of any other person for whom under the Civil

Code the first mentioned person is responsible;

(b) without prejudice to the generality of paragraph (a)

above, from any employer, where the injury was

caused on account of or through the non-compliance

by himself, or by any other person for whom under the

Civil Code he is responsible, with any obligations

imposed by the Health and Safety at Work Act, or by

any regulations made thereunder.

(2) Nothing in this article shall prejudicially affect any right to

compensation or damages which the injured person or those

claiming under him may have under the provisions of the Civil

Code against the person through whose wilful act or negligence the

injury was caused; but in assessing the amount of such

compensation or damages the court shall take into account the

amount of benefit recovered by the Director as provided in sub-

article (1).

(3) Any amount recovered under this article or under the last

preceding article shall be carried to the credit of the Consolidated

Fund.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 104 Contributions under the Widows’ and Orphans’ Pensions Act. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

Notwithstanding any provision of the Widows’ and

Orphans’ Pensions Act no contribution is payable under that Act,

but all the provisions of that Act shall continue to have effect as if

all the contributions which, but for the provisions of this article,

would have been payable under that Act, had in fact been paid.

PART VIII

DETERMINATION OF CLAIMS AND QUESTIONS

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 105 Determination of questions as to insurability and contributions. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

If any question arises as to -

(a) whether any employment is insurable employment;

(b) whether a person is or was an employed person or a

self-employed person or a self-occupied person;

(c) who is or was the employer of an employed person;

(d) whether contributions are payable by or in respect of

any person;

(e) whether a contribution has been paid by or in respect

of any person,

that question shall be determined by the Director after such inquiry

as he may deem necessary, or, if the Director deems it expedient, it

shall be referred by him, after giving notice to any person

appearing to him to be interested, to the Umpire appointed under

article 107.

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 106 Determination of claim. — SOCIAL SECURITY ACT Open official source

Subject to the provisions of article 97, every claim for

benefit, pension, allowance or assistance shall be considered by the

Director who may -

(a) allow the claim; or

(b) disallow the claim; or

(c) after giving notice to the claimant, refer the claim to

the Umpire appointed under article 107

Provided that -

(a) if the claim is for Injury Grant, Injury Pension,

Medical Assistance, or Social Assistance payable under

the provisions of article 30(4), a Carer’s Allowance,

Increased Carer’s Allowance, or a Disabled Child

Allowance, the Director shall, before giving his

decision, unless the claim falls on other statutory

conditions, consult on the medical aspects of the claim

one or more persons holding the warrant to practise the

medical profession drawn from a panel of persons

appointed by the Minister for the purpose of advising

on such cases, as the nature of the claim may require;

(b) if the claim is for Injury Benefit and the resultant

period of incapacity for work exceeds ten benefit days

the provisions of paragraph (a) of this proviso shall

apply and where the resultant period of incapacity of

work does not exceed ten benefit days the provisions

of paragraph (c) of this proviso shall apply;

(c) if the claim is for Maternity Benefit, the Director may,

if he so deems fit, before giving his decisions, unless

the claim falls on 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 this purpose;

(d) if the claim is for Sickness Benefit, with effect from

the day as the Minister may determine by notice in the

Gazette, the Director shall not accept any such claim

in respect of the fourth and subsequent day of each

spell of incapacity for work unless the medical

certificate confirming the person’s incapacity for work

is drawn and signed by a person holding the warrant to

practise the medical profession appointed by the

Minister for this purpose; sohowever that, where the

Director is satisfied that the person making a claim for

such benefit is ordinarily resident in Malta but is, on

the date of such claim, temporarily abroad, the

Director may, notwithstanding the aforesaid provisions

of this paragraph, accept such a claim as valid for the

purposes of this Act as long as it is supported by a

medical certificate in such form and manner as the

Director may deem fit in the circumstances of the case

and provided the person concerned proves to the

satisfaction of the Director that he is not entitled to

any form of benefits as may be payable by any

SOCIAL SECURITY

authority that is responsible for the payment of social

security benefits in the country where that person is

temporarily living during the period of such incapacity

for work; and

(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;

(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, or in claims for a Carer’s

Allowance and an Increased Carer’s Allowance,

according to the provisions of article 68 or in claims for

an Increased Severe Disability Assistance according to

the provisions of article 27 as provided in the preceding

paragraphs of this provis. The multi-disciplinary panel

shall be made up of the following members

(i)

a psychiatrist or a geriatrician;

(ii)

a psychologist;

(iii)

an occupational therapist; and

(iv)

a social worker;

(g) the Minister in conjunction with the Minister responsible

for persons with disability shall appoint one (1) or more

interprofessional panels for the purpose of advising the

Director on the evaluation based on the model of the World

Health Organisation International Classification of

Functioning, Disability, and Health (ICF), in claims further

to the provisions of article 27 that make reference to this

panel. Every interprofessional panel shall be made up of

the following members, and applications shall be assigned

to the various panels on a rotation basis

(i) a medical doctor to confirm a diagnosis;

(ii) a professional with knowledge on the assessment of

the components of the ICF;

(iii) a social worker;

(iv) an occupational therapist;

(v) an expert from the Department responsible for the

payment of Disability Assistance; and

(vi) a person with disability, on the advice of the Chief

Executive Officer of Aġenzija SAPPORT appointed

in accordance with Aġenzija

SAPPORT

(Establishment as an Agency) Order

Provided that every applicant who appeared before the

interprofessional panel may appeal from that panel’s decision to the

SOCIAL SECURITY

Director, in accordance with the provisions of article 108, within

twenty (20) days from the date on which said decision would have

been communicated to the said applicant. Further appeal from this

decision shall lie to the Court of Appeal (Inferior Jurisdiction), at the

request of the applicant or of the Director, following the same

procedure envisaged in article109

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 psycho-socio aspects of the case the multi-disciplinary panel

provided for in paragraph (f) of the previous proviso.

(h) the Minister in conjunction with the Minister

responsible for persons with disability shall appoint

one (1) or more interprofessional panels, for the

purpose of advising the Director on the evaluation

based on the model of the World Health Organisation

International Classification of Functioning, Disability,

and Health (ICF for Children and Youths), in claims

further to the provisions of article 77 that make

reference to this panel. Every interprofessional panel

shall consist of the following members, and the

applications shall be assigned to the various panels on

a rotation basis

(i) consultant paediatrician to confirm a diagnosis;

(ii) a professional with knowledge on the assessment

of the components of the ICF;

(iii) a social worker;

(iv) an occupational therapist.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 107 Appointment of Umpires. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

(1) For the purposes of this Act, the Minister may appoint

one or more persons to serve as Umpires in cases that may be

referred to them from time to time, sohowever that -

(a) in all cases the person so appointed shall have held a

warrant to practise the profession of advocate in Malta

for at least seven years; and

(b) the appointment shall be for a period of one year.

(2) The Umpire shall, before entering upon his duties, take an

oath of office before the Attorney General in the form approved by

the Minister.

(3) The Umpire shall have the power to take expert advice

when necessary at his discretion, and to summon any person to

appear before him to give evidence on oath and/or to produce

documents; and for these purposes he shall have the powers which

are conferred by law on the First Hall of the Civil Court.

Every summons shall be signed by him and shall be served

either personally or by registered post, and in the latter case, in

proving service, it shall be sufficient to prove that the summons

was properly addressed and posted.

SOCIAL SECURITY

(4) The Director shall be entitled to appear and be heard on any

appeal or reference to the Umpire.

(5) The Umpire shall abstain from taking cognizance of a case

or may be challenged in any of the circumstances in which a judge

would abstain or can be challenged in accordance wi th the

provisions of article 734 of the Code of Organization and Civil

Procedure and in every such case the provisions of Sub-Title II of

Title II of Book Third of that Code shall apply so far as applicable.

(6) The Minister may, from time to time, as he shall deem fit

and as provided in sub-article (1), vary the composition of the panel

referred to in that sub-article, but a person actually serving as

Umpire shall, notwithstanding the removal of his name from the

panel, continue so to serve in the proceedings in which he is

serving as Umpire until the conclusion of those proceedings and for

the purpose of the interpretation of any decision given therein.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 108 Appeal to the Umpire. — SOCIAL SECURITY ACT Open official source

(1) An Appeal shall lie to the Umpire from any decision

of the Director on any question of law or principle of importance

arising in connection with -

(i)

the determination of any question under article

105; or

(ii) any claim under article 106, unless the claim has

been rejected by the Director following

consultation by the said Director on the medical

aspects of the claim in terms of paragraph (a) of

the proviso to the said article 106, in which case

the Director may revise his decision in terms of

the provisions of article 110 and where the

persons forming the medical panel shall be

different from the first medical panel which had

investigated the case in the first instance; or

(iii) any decision of the Director given under the

proviso to article 35 and under article 58;

(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.

Such appeal may be made -

(a) at the instance of any person aggrieved by the

determination or decision of the Director; or

(b) by the actual widow or actual widower as the case may

be, or by the heirs of any person so aggrieved; or

(c) at the instance of a trade union if the person so

aggrieved is or at the time of his death was a member

of that trade union.

(2) Subject to the provisions of sub-article (1), an appeal from

any decision of the Director under article 105 may be made to the

Umpire in writing not later than ten years from that decision.

SOCIAL SECURITY

(3) Subject to the provisions of sub-article (1), an appeal from

a decision of the Director given under the proviso to article 35 and

under articles 58 and 106 may be made to the Umpire in writing

within thirty days from the date on which the Director

communicates his decision in writing to the claimant or beneficiary

as the case may be

Provided that the Umpire shall refrain from taking cognizance

of an appeal that may be filed, or that could have been filed at any

stage from a decision taken by the Director, if the merits of the appeal

are the subject of criminal proceedings.

(4) In considering any appeal, the Umpire shall have the

assistance of -

(i)

one or more persons appointed by the Minister

to act as assessors from the appropriate panel of

those referred to in article 106, if the claim is for

Injury Benefit, Injury Grant, Injury Pension, a

Pension for Invalidity, an Assistance for the

Visually Impaired, Increased Severe Disability

Assistance, Severe Disability Assistance or

Disability Assistance and the Umpire feels that a

medical advice is required; and

(ii) an assessor chosen from a panel of persons to

represent employers and an assessor chosen

from a panel of persons to represent employed

persons.

(5) The assessors referred to in sub-article (4)(ii) shall be

appointed by the Minister after consultation with organizations

concerned with the interests of employers and employed persons

respectively.

(6) No assessor referred to in sub-article (4) shall serve during

the consideration of a case -

(i)

in which he appears as a representative of the

claimant; or

(ii) by which he is or may be directly affected; or

(iii) in which he has taken or may take any part as an

employer or as an official of a trade union or as a

witness.

(7) In any case where the Umpire decides to hear an appeal or

reference orally, reasonable notice of the time and place of the

hearing shall be given to the claimant or beneficiary, as the case

may be, and to any other person who appears to the Umpire to be

interested in the case, and at such hearing the claimant or person to

whom notice of hearing has been duly given may appear personally

or through a duly appointed representative.

(8) If, in any case of an appeal, the claimant, or beneficiary, as

the case may be, to whom notice of hearing has been duly given,

fails to appear at the hearing and does not give reasonable

explanation for his absence, the Umpire may proceed to determine

the case, notwithstanding his absence, or may dismiss the appeal.

SOCIAL SECURITY

(9) Subject to the provisions of this Act, the procedure for the

consideration and determination of any reference or appeal to the

Umpire shall be such as he shall determine, due regard being had to

the principles of justice and fairness.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 109 Appeal from the decision of the Umpire. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

(1) Subject to the provisions of this Act, an appeal from

the decision of the Umpire shall lie to the Court of Appeal (Inferior

Jurisdiction) at the instance of any person, including the Director,

who was a party to the proceedings before the Umpire

Provided that, where a person dies between the date of the

delivery of the decision of the Umpire and the time within which an

appeal may be entered in accordance with sub-article (2), an appeal

may also be made at the instance of the actual widow or actual

widower, or the heirs of such person.

(2) An appeal as aforesaid in this article shall be brought by an

application within thirty days from the day on which the decision of

the Umpire is communicated in writing by registered post to the

claimant or beneficiary or the Director, as the case may be.

(3) The Minister responsible for justice may by regulations

under this sub-article establish the fees payable in the registry of

the courts relative to the filing of judicial acts in connection with

appeals to the Court of Appeal under this Act

Provided that until such fees are so established by the

M i n i s t e r, t h e f e e s c o n t a i n e d i n S c h e d u l e A t o t h e C o d e o f

Organization and Civil Procedure shall apply.

(4) The board established under article 29 of the Code of

Organization and Civil Procedure may make rules governing

appeals to the Court of Appeal (Inferior Jurisdiction) under this

Act.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 110 Power to revise decision. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

The Director or the Umpire, having given a decision on

any claim or question, may review that decision if he is satisfied

that -

(a) it was given in ignorance of or was based on a mistake

as to some material fact; or

(b) since the date of the decision there has been a relevant

change of circumstances,

and may give a revised decision to have effect from such date as he

may determine.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 111 Umpire’s decision to be conclusive for the purpose of proceedings. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

In any proceedings before any court -

(a) for an offence under this Act; or

(b) involving any question as to the payment of any

contribution under this Act; or

(c) for the recovery of any sums due under this Act,

the decision of the Umpire on any question specified in article 105

shall be conclusive for the purpose of those proceedings.

SOCIAL SECURITY

PART IX

ADMINISTRATION AND FINANCE

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 112 Appointment of inspectors. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

The Director may appoint such public officers as he may

determine to be inspectors for the purposes of this Act.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 113 Powers of inspectors. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

(1) An inspector appointed under the foregoing article

shall, for the purposes of the execution of this Act, have the power

to do all or any of the following things, namely

(a) to enter without previous notice at all reasonable times

any premises or place where he has reasonable

grounds for supposing that there are persons who are

in insurable employment or self-occupied;

(b) to make such examination and inquiry as may be

expedient for ascertaining whether the provisions of

this Act are being or have been complied with in any

such premises or place, or for investigating the

circumstances in which any injury or disease which

has given rise to a claim for benefit, pension,

allowance or assistance, was or may have been

received or contracted;

(c) to examine, either alone or in the presence of any other

person, as he thinks fit, with respect to any matters

under this Act on which he may reasonably require

information, any person whom he finds in any such

premises or place, or whom he has reasonable cause to

believe to be or to have been an employed person or a

self-occupied person, and to require every such person

to be so examined;

(d) to exercise such other powers as may be necessary for

carrying this Act into effect.

(2) Where any premises or place is under the control of a

government department, the Director may make special

arrangements with that department regarding inspections as to meet

the circumstances of the case.

(3) The occupier of any such premises or place, and any other

person who is or has been employing any person, and the servants

and agents of any such occupier or other person, and any employed

person shall furnish to an inspector all such information and shall

produce for inspection all such documents as the inspector may

reasonably require.

(4)

If any person -

(a) wilfully delays or obstructs an inspector in the

exercise of any power under this article; or

(b) refuses or neglects to answer any question or to furnish

any information or to produce any document when

required to do so under this article; or

(c) conceals or tries to conceal any person or prevents or

tries to prevent any person from appearing before or

SOCIAL SECURITY

being examined by an inspector,

shall on conviction, without prejudice to any higher punishment to

which he may be liable under any other law, be liable to a fine

(multa) of not less than two hundred and thirty-two euro and

ninety-four cents (232.94).

(5) Every inspector shall be furnished with a certificate of his

appointment signed by the Director and in carrying out any of his

functions under this Act shall, if so required, produce the said

certificate.

(6) An inspector shall not have any direct or indirect interest in

any undertaking which may be subject to inspection by him; shall

not reveal at any time, even after ceasing to be an inspector, any

manufacturing or commercial information or working processes

which come to his knowledge in the course of his duties; shall not

divulge the source of any complaint bringing to his notice a default

under, or a breach of, the provisions of this Act; and shall not in

any case inform the employer or the self-employed or self-occupied

person concerned or their representatives that a visit of inspection

was made as a consequence of the receipt of such a complaint.

(7) Any inspector who contravenes the provisions of the

foregoing sub-article shall, in addition to the punishment to which

he may be liable under article 133 of the Criminal Code, be also

liable to dismissal ipso facto from his employment with

Government.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 114 Social Security Account. — SOCIAL SECURITY ACT Open official source

(1) All benefits, allowances, pensions and assistance

payable under this Act shall be a charge on the Consolidated Fund

without any further appropriation other than this Act.

(2) Subject to the provisions of the Public Finance

Management Act, and in accordance with the provisions of article

132, the Director shall keep proper records of all disbursements and

receipts (including any fines or penalties imposed in terms of

articles 113, 117, 119 and 125) under this Act, and any expense

incurred in carrying this Act into effect, and to this end shall keep a

separate Social Security Account, hereinafter referred to as "the

Account", as he shall, with the approval of the Accountant General,

determine.

(3) A statement showing the receipts and payments of the

Account shall, as soon as possible after the close of each financial

year and in any case not later than three months after the close of

such year, be forwarded by the Accountant General to the Auditor

General, and article 35(2) of thePublic Finance Management Act,

shall apply to such statements.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 115 Expenses of administration. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

Any expense incurred in carrying this Act into effect shall

be defrayed out of the Consolidated Fund.

SOCIAL SECURITY

PART X

ENFORCEMENT AND NON-COMPLIANCE

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 116 Failure by employer or self- employed person to pay contributions. — SOCIAL SECURITY ACT Open official source

(1) If any employer or a self-employed or self-occupied

person or a person in respect of whom the provisions of article 13

apply fails or neglects to pay within the prescribed time any Class

One or Class Two contributions, as the case may be, which he is

liable under this Act to pay, a further contribution equivalent to -

(a) 10% of the total value of such unpaid contributions, in

respect of contributions due under this Act at any time

prior to the 3rd July, 1989; and

(b) 5% of the total value of such unpaid contributions,

being contributions due under this Act in respect of

any period after the 2nd July, 1989, but prior to the 3rd

January, 2000; and

(c) 1% per month of the total value of such unpaid

contributions being contributions due under this Act in

respect of any period after the 2nd January, 2000; and

(d) 1% per month of the total difference obtaining from

the rate at which such contributions were paid and the

applicable rate due at the time when such contributions

were due in accordance with the provisions of this Act,

in respect of any period after the 2nd January, 2000,

shall be due and payable to the Director

Provided that as from 1st January 2026 the further

contribution referred to in paragraphs (c) and (d) of this sub-article

shall be substituted by interest per month as provided for in article

44(2A) of the Income Tax Management Act and the Income Tax

(Rate of Interest) Rules, of the total difference obtaining from the

rate at which such contributions were paid and the applicable rate

due at the time when such contributions were due in accordance

with the provisions of this Act

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

occupied 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) Where any such employer or person as is referred to in sub-

article (1) fails to settle his contribution dues together with the

aforesaid further contribution within three months of the aforesaid

prescribed time the Director may, without prejudice to any other

right competent to him, by means of a judicial letter served on the

person by whom such contributions or further contributions are

due, claim such payment, and upon the service of such a judicial

letter, the claim of the Director contained in such judicial letter

shall, after the lapse of ten days from such service, constitute an

executive title for the purpose of Title VII of Part I of Book Second

of the Code of Organization and Civil Procedure, unless the person

SOCIAL SECURITY

against whom it is served shall, within the said period of ten days

or such further period being not more than thirty days, as the

competent civil court may on just cause being shown determine, by

means of an application against the Director before the competent

civil court, challenge such claim, to which the following provisions

of this sub-article apply

(a) the application shall, under pain of nullity, state

clearly and concisely the nature of the complaint, the

facts out of which the complaint arises, and the

reasons why such complaint should be upheld;

(b) the applicant shall attach to the application all such

documents in support of his claim as it may be in his

power to produce and shall indicate in his application

the names of all the witnesses he intends to produce

stating, in respect of each, the proof which he intends

to make;

(c) the court shall, without delay, set down the application

for hearing at an early date, which date shall in no case

be later than thirty days from the date of the filing of

the application;

(d) the application, and the notice of the date fixed for

hearing, shall be served on the Director without delay,

and the said Director shall file his reply thereto within

fifteen days after the date of the service of the

application;

(e) the Director shall, in his reply, state clearly and

concisely whether he agrees to the facts set out in the

application, and the reasons why he objects to the

claim; he shall moreover state in his reply the names of

the witnesses in support of his reasons and shall attach

thereto all the documents in support thereof;

(f)

on the day fixed for the hearing of the application, the

court shall consider the issues of fact and of law as are

ascertainable only from the application, reply or

documents filed, by either of the parties, or from the

evidence indicated by either of the parties in the

application or reply, as the case may be, or from the

oral pleading of either of the parties;

(g) the court shall hear the application to a conclusion

within five working days from the date fixed for the

original hearing of the application, and no

adjournment shall be granted except either with the

consent of both parties or for an exceptional reason to

be recorded by the court, and such adjourned date shall

not be later than that justified by any such reason;

(h) saving the preceding provisions of this sub-article, the

provisions of the Code of Organization and Civil

Procedure relating to proceedings before the First Hall

of the Civil Court shall apply in relation to any such

application.

SOCIAL SECURITY

(3) Notwithstanding the provisions of any other law, the claim

of the Director of any amount due by way of any Class One or

Class Two contribution under this article shall constitute a

privileged claim in the case of a Class One contribution, ranking

equally with wages of employees over the assets of the employer,

and, in the case of a Class Two contribution, over the estate of the

self- employed or self-occupied person concerned and shall be paid

in preference to all other claims (excluding wages) whether

privileged or hypothecary.

(4) For the purposes of this article, a notice by the Director to

any employer or a self-employed or self-occupied person showing

the number and the amount of contributions which such employer

or self-employed or self-occupied person has failed or neglected to

pay shall, unless the contrary is proved, be sufficient evidence that

the amount in the said notice is the amount due to be paid to the

Director by the employer or the self-employed or self-occupied

person concerned.

(5) Without any prejudice to the foregoing provisions of this

article, where a self-employed or self-occupied person fails to pay

any contribution due in accordance with the provisions of this Act,

or pays a contribution at a rate, or at a category, or of a class which

is not in accordance with the provisions of this Act

(i)

any claim by the Director for the payment of

such unpaid contributions, or for the payment of

any difference due by way of adjustment in the

rate, category or class of contributions, shall be

barred by the lapse of thirty years; and

(ii) any request by the self-employed or self-

occupied person to pay such contributions, or

any request for any refund that may result as a

result of an adjustment in the class or category

paid shall be deemed null and void if submitted

after attainment of pension age or after the lapse

of five years from the time when the proper rate

of contribution was due, whichever is the earlier

Provided that in the case of a person born on or after 1 st

January 1962, any contribution payable in terms of this article shall be

subject to interest per month as provided for in article 44(2A) of the

Income Tax Management Act and the Income Tax (Rate of Interest)

Rules

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

SOCIAL SECURITY

time as indicated in Part II of the Tenth

Schedule

Provided further that, notwithstanding the provisions of this

sub-article, with effect from 1st January, 2015, a person who has

attained the age of 59 but not yet reached the age of 65 and who is

engaged in a gainful occupation or a self-occupation, has the option to

pay up to five years of arrears of Social Security Contributions at the

value of the SA rate as per Part III of Schedule 10 during the year when

the claim is made

Provided further that such option may also be granted to a

person who has attained the age of fifty-nine (59) years and is in

receipt of an Invalidity Pension in accordance with the provisions of

article 26, or is in receipt of a Carers Allowance, Increased Carers

Allowance or Carers Grant in accordance with the provisions of article

68 when the claim is made

Provided further that such option may also be granted to a

person who has attained the age of fifty-nine (59) years but has not yet

reached the age of sixty-five (65) years who is not engaged in insurable

employment or self-occupation, if by virtue of such payment of

contributions such person has a minimum of ten (10) years paid

contributions to qualify for a pension in accordance with the provisions

of this Act

Provided further that, notwithstanding the provisions of this

sub-article, with effect from 1 st January 2019, a person providing a

document to the satisfaction of the Director, indicating employment

in Libya but never provided a document of the payment of social

security contributions in Libya after the 6 th May 1988, shall pay, if

the person so elects, such social security contributions for a period

of ten (10) years arrears at the rate of the SA category as per Part

III of Schedule Ten, during the year when the claim is made

Provided further, with effect from 1st January 2019, a person

providing an official document to the satisfaction of the Director,

indicating payment of social security contributions in Libya after the

6th May 1988, such contributions are converted into contributions in

accordance with the provisions of this Act for the respective year

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.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 116A Exemption. — SOCIAL SECURITY ACT Open official source

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

SOCIAL SECURITY

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).

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 116B Collection of arrears of unpaid contributions. — SOCIAL SECURITY ACT Open official source

(1) Without prejudice to the provisions of this Act, and

with effect from the 3rd January, 2005, any arrears due in respect of

any unpaid Class One or Class Two contributions for any period

prior to the 1st January, 1998, shall be due and payable to the

Commissioner for Tax and Customs.

(2) For the purpose of enforcing the payment of such arrears of

unpaid contributions as mentioned in sub-article (1), the powers

vested in the Director of Social Security by Part X may also be

exercisable by the Commissioner for Tax and Customs.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 117 Misuse of documents and failure to report changes. — SOCIAL SECURITY ACT Open official source

(1) If any person, for the purposes of obtaining any

payment under this Act, whether for himself or for some other

person, or for any other purpose connected with this Act -

(i)

knowingly or recklessly makes any false

statement or false representation; or

(ii) produces or furnishes, or causes or knowingly

allows to be produced or furnished, any

document or information which he knows to be

false in a material particular; or

(iii) fraudulently fails or omits to report to the

Director, before receiving any payment, any

change of circumstances which has or may have

a material bearing on the amount, or mode of

giving such payment,

shall, on conviction, be liable to a fine (multa) of not less than

forty-six euro and fifty-nine cents (46.59) but not exceeding one

and a half times the amount of benefit, pension, allowance or

assistance unlawfully received or one thousand and one hundred

and sixty-four euro and sixty-nine cents (1,164.69), whichever

shall be higher, or to imprisonment for a term of not less than three

months but not exceeding twelve months or to both such fine and

imprisonment.

(2) Where for the purpose of paying a Class Two contribution,

at a rate that is lower than that properly due, a self-employed

person -

(i)

knowingly or recklessly makes any false

statement or false representation; or

(ii) produces or furnishes, or causes or knowingly

allows to be produced or furnished, any

document or information which he knows to be

false in a material particular,

SOCIAL SECURITY

shall be liable, on conviction, to a fine (multa) of not less than one

thousand and one hundred and sixty-four euro and sixty-nine cents

(1,164.69) but not more than two thousand and three hundred and

twenty-nine euro and thirty-seven cents (2,329.37).

(3) Where an employer fails to comply with the provisions of

t h e Wo r k B o o k s O r d e r, 1 9 7 4 i n so f a r a s t h i s a p p l i e s t o t h e

engagement or recruitment of employees, and as a result such

person unlawfully receives any benefit, pension, allowance or

assistance under this Act to which he would otherwise not have

been entitled under the provisions of this Act, such employer shall

be liable to pay to the Director damages equivalent to the amount

so received by such person by way of such benefit, pension,

allowance or assistance within one week of a request by the

Director for the payment of such damages; and, for the purposes of

this sub-article, unless the contrary is proved by the employer to

the satisfaction of the Director, the amount so requested by the

Director shall constitute a lawful claim on such employer.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 118 Forgery of National Insurance Stamps. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

(1) Notwithstanding the provisions of article 136, any

stamp purporting to have been an insurance stamp which was

prepared, printed or made otherwise than in accordance with

directions given by the Minister under article 8(2) of the National

Insurance Act, as in force up to the 31st day of March, 1978, shall

be deemed to be forged.

(2)

If, any person -

(a) forges an insurance stamp issued under the provisions

and for the purposes of the National Insurance Act † ;

(b) makes or, without lawful excuse, has in his possession

any dye, plate, instrument or material for forging an

insurance stamp;

(c) knowingly utters, sells, deals in, hawks, distributes or

uses a forged insurance stamp;

(d) causes or procures to be done, or knowingly aids, abets

or assists in doing, any of the acts mentioned in

paragraphs (a), (b) and (c),

he shall, on conviction, be liable to imprisonment for a period of

not less than three years but not exceeding seven years.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 119 General penalty. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

If any person contravenes or fails to comply with any of

the requirements of this Act, in respect of which no special

punishment is provided, he shall be guilty of an offence and shall

for each offence be liable, on conviction, to a fine (ammenda) of

not less than eleven euro and sixty-five cents (11.65).

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 120 Nature of offences under this Act. — SOCIAL SECURITY ACT Open official source

All offences under this Act except those under article

113(6) and under articles 117 and 118 shall be deemed to be

contraventions.

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 121 Criminal proceedings. — SOCIAL SECURITY ACT Open official source

(1) In criminal proceedings instituted by the Police

b e f o r e t h e C o u r t o f M a g i s t r a t e s f o r an o ff e n c e a g a i n s t t h e

provisions of this Act, the Director or any officer deputed by him

may, notwithstanding the provisions of any law to the contrary, lay

the charge before the court, produce the evidence, plead and

otherwise conduct the prosecution instead of the Police.

(2) The sworn statement of any officer mentioned in the last

preceding sub-article to the effect that he has been deputed by the

Director for the purpose therein stated, shall be conclusive

evidence of such fact, should the proof thereof be required by the

accused.

(3) The Director or the officer deputed by him may,

nevertheless, be produced as a witness at the request of the

accused, but should his evidence be required as part of the case for

the prosecution, he shall be heard in evidence before assuming the

duties of prosecuting officer (other than that of stating the facts

constituting the offence) unless the necessity of his evidence arises

subsequently.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 122 Limitation of action. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

(1) Notwithstanding any provision in any other law,

proceedings for an offence under this Act may be begun at any time

within the period of twelve months from the date on which

evidence, sufficient in the opinion of the Director to justify a

prosecution for the offence, comes to his knowledge or within the

period of ten years, after the commission of the offence, whichever

period last expires.

(2) For the purposes of sub-article (1) a certificate purporting

to be signed by or on behalf of the Director as to the date on which

such evidence as aforesaid came to his knowledge shall be

conclusive evidence thereof.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 123 Liability of manager and other principal officer or body of persons. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

(1) Without prejudice to article 13 of the Interpretation

Act, where any act, matter or thing required to be done or to be

omitted to be done by or under this Act is to be done or to be

omitted by a body or other association of persons, such act, matter

o r th in g sh a ll al s o be re q ui red t o be do ne or t o b e o m it ted

personally by the manager or other principal officer of such body or

association; and the provisions of this Act and of any regulations

made thereunder shall apply accordingly.

(2) Where in application of sub-article (1) any payment is due

to be made by a body or association of persons and by the manager

or other principal officer thereof, such obligation shall be due

jointly and severally.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 124 Proceedings against employer for benefit lost through employer’s default. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

(1) Where any employer has failed or neglected -

(a) to pay any contributions which under this Act he is

liable to pay in respect of any employed person in his

employment; or

(b) to comply, in relation to any such person, with the

requirements of this Act relating to the payment and

collection of contributions,

and by reason thereof a person has lost, in whole or in part, any

SOCIAL SECURITY

benefit, pension or allowance to which he would have been

entitled, that person shall be entitled to recover from the employer

as a civil debt a sum equal to the amount of the benefit, pension or

allowance so lost, or such sum as the court, may, having regard to

the circumstances of the case, determine.

(2) Proceedings may be taken under this article

notwithstanding that proceedings have been taken under any other

article of this Act in respect of the same failure or neglect.

(3) Proceedings under this article may notwithstanding the

provisions of any law to the contrary, be brought at any time within

two years after the date on which the person is informed in writing

by the Director of this entitlement to any benefit, pension or

allowance claimed by him under his Act.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 125 Information required by the Director. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

(1) Any person who at any time has or has had in his

employment any employed person, shall furnish to the Director

such information concerning such employed person as the Director

may require for the purposes of this Act and within such time as

may be indicated in the request.

(2) If any person fails to provide any such information in whole

or in part within the time indicated in the request or knowingly or

recklessly provides incorrect information he shall be liable, on

conviction, to a fine (multa) of not less than one hundred and

sixteen euro and forty-seven cents (116.47) for each such offence

and to a further fine (multa) of not less than two euro and thirty-

three cents (2.33) for every day during which the said offence

continues

Provided that no proceedings shall be taken against him if,

after an intimation in writing of the charge against him has been

given to him, he agrees to pay and in fact pays to the Director

within such time as may be fixed by the latter a penalty not

exceeding fifty-eight euro and twenty-three cents (58.23) for every

such failure as aforesaid and a further penalty not exceeding one

euro and sixteen cents (1.16) for every day during which such

failure continues.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 126 Unpaid contributions deemed as paid in cases where employee has no blame. — SOCIAL SECURITY ACT Open official source

Where a claim for benefit, pension or allowance is made

by an emp loy ed person u nder th is Act, for the purposes of

establishing whether he has been in insurable employment during

any period prior to his claim, any contributions due but not paid in

his respect, under article 7, may be deemed by the Director to have

been paid if he is satisfied that such non-payment was not due to

any fault or connivance on the part of the employed person

concerned; but such contributions shall, for all other purposes, be

treated as unpaid

Provided that where an employed person fails to pay any

contributions in accordance with article 8(5), such non-payment

shall, where such employed person has received the wages due to

him, always be deemed to be due to the fault on the part of the

employed person.

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 127 Appeals at the instance of the Attorney General. — SOCIAL SECURITY ACT Open official source

Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right to appeal to the Court of

C ri mi nal A pp eal from a ny ju dg men t gi ven b y t he Co urt o f

Magistrates in respect of criminal proceedings arising out of the

provisions of this Act.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 127A Special mechanism for out of court settlements. — SOCIAL SECURITY ACT Open official source

(1) Notwithstanding any other provision of this Act or of

any other law, upon the conclusion of an agreement made in terms of

this article between the Director and any person obliged to make any

payment under this Act, hereinafter in this article referred to as the

"debtor", providing for the payment of an additional penalty in addition

to any other penalties otherwise provided for in this Act, all criminal

liability of the debtor for any breach against this Act and for any

connected breach in respect of the acts in relation to which the

agreement has been entered, shall be extinguished

Provided that the additional penalty that such person shall be

liable to pay in respect of such breach or breaches shall amount to a

minimum of ten thousand euro (€10,000) and a maximum of one million

euro (€1,000,000), and shall be imposed in terms of a Schedule to be

prescribed by the Minister under this Act and this in addition to any

other amount provided for in this Act for the debtor’s default and

quantified according to the final agreement

Provided further that the agreement to pay any fine or make

any other payment under an agreement as provided in this article shall

not extinguish any civil liability to make any payment not covered by

the agreement entered into in terms of this article.

(2)

(a) The provisions of this article shall apply where the

Director, acting upon the written request of the debtor and the

notification of adjustment of previous declarations given by the debtor,

accepts that the adjustments have been correctly made and shall give

notice in writing to the debtor of a draft agreement in terms of this article

to be signed within six (6) months from the date of the request of the

debtor

Provided that the said period of six (6) months may be

extended by the Director if he is satisfied that a longer period is required

to determine the extent of the proceeds of the breach.

(b)

The draft agreement shall include the following

(i)

details of the breach or breaches which may

include admissions made by the debtor;

(ii)

an obligation upon the debtor to pay and a

quantification of an additional penalty and any other payment

due in terms of this Act for the default;

(iii)

the period allowed for the payment of the amounts

SOCIAL SECURITY

due under the agreement;

(iv) the consequences of any failure to comply with any

terms of the agreement including those provided in articles 187A,

187B and 187C of the Criminal Code;

(v)

any other terms and conditions imposed by the

Director

Provided that when a draft agreement is notified

as aforesaid, an agreement in terms of this sub-article shall be

signed and returned to the Director within one (1) month, and if

the signed agreement is not received by the Director within the

said timeframe, which may be extended by the Director upon

reasonable cause being shown by the debtor, the provisions of

this article shall have no effect

Provided further that the amount resulting from

this agreement shall constitute an executive title within the

meaning of and for the purposes of Title VII of Part I of Book

Second of the Code of Organization and Civil Procedure.

(3)

The period of prescription in respect of the breach and

connected breaches shall be suspended during the times established in,

or under sub-article (2) and no prosecution shall be instituted in

respect of the breach and connected breaches during the time when

those periods are running

Provided that no prosecution shall be annulled on the

ground that it was instituted in violation of this sub-article.

(4)

The provisions of this article shall also apply upon the request

of the debtor in any case where the debtor has been charged before a

court in relation to the breach or breaches and connected breaches, but

before final judgment has been given in the case.

(5)

Where proceedings are pending before the Court of

Magistrates as a court of criminal inquiry and the existence of an

agreement is brought to the Court’s notice, the Court shall, upon being

satisfied that the breach or breaches mentioned in the charge are

breaches to which this article applies or connected breaches, assume the

function of a court of criminal judicature and declare the criminal

action extinguished in respect of such charges. The Court shall

likewise declare the criminal action extinguished if it is a court of

criminal judicature whether at first instance or at appeal stage

notwithstanding any previous judgment delivered in the cause which

has not become final.

(6)

In this article

"agreement" means and includes a document evidencing

SOCIAL SECURITY

an agreement reached between the Director and the debtor in

terms of this article and also includes a document or a

declaration issued by the Director after the coming into force of

this article confirming that the debtor has before the coming

into force of this article regularised his position with the

Director and has after the coming into force of this article

satisfied the requirements thereof by accepting to pay the

additional penalty;

"breach" or "breaches" includes any act or acts which

constitute a criminal offence;

"connected breach" means any act which constitutes a

criminal offence committed in pursuance of committing a breach

against this Act and shall include

(i)

a breach committed, even if at different

times, in pursuance of a pre-concerted plan to commit a

breach against this Act;

(ii)

a breach committed with the object of

procuring the means for the commission of a breach

against this Act;

(iii) a breach committed with the object of

facilitating the commission or completion of a breach

against this Act, or of ensuring impunity for such a

breach;

(iv) a breach which in a single context violates

more than one provision of law where at least one

provision relates to a breach against this Act;

(v)

a breach committed through the apparently

legitimate use of the proceeds of a breach against this Act

Provided that a connected breach shall not

include any act included in Sub-title IV of Title III of Part II of

Book First of the Criminal Code;

"Director" in respect to articles 13, 14, 15, 117(2), 123

and 124(1) and (2), and save as otherwise provided, means the

Commissioner for Tax and Customs;

"this Act" includes any subsidiary legislation issued

thereunder.

PART XI

ESTABLISHMENT OF A SOCIAL ASSISTANCE BOARD AND A

SOCIAL SECURITY

WELFARE COMMITTEE

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 128 Social Assistance Board. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

(1) There shall be established a Board, to be known as the

Social Assistance Board, consisting of the Director or his

representative as Chairman and not less than three other members

appointed by the Minister. Among the members so appointed, two

shall be Members of the House of Representatives, one from each

side, and one representing the organization of workers in Malta

having the largest number of members.

(2) The members appointed by the Minister shall hold office

for a period not exceeding one year, but shall be eligible for

reappointment.

(3) The Minister shall also appoint a Secretary to the Board

who will not be a member.

(4) The quorum shall be half the total number of the persons

comprising the Board.

(5) Subject to sub-article (4), the Board

may

act

notwithstanding any vacancy amongst its members.

(6) Subject to the provisions of this article, the Board shall

regulate its own procedure.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 129 Functions of the Social Assistance Board. — SOCIAL SECURITY ACT Open official source

(1) The functions of the Board shall be to examine the

cases referred to it by the Director under article 30(5), and to

determine whether, in the particular circumstances of each case,

Social Assistance should be paid in respect of the household

concerned, and where the Board has determined that such

assistance is payable, to establish the amount of such assistance and

to designate the person to whom, in the best interests of the

household, payment of such assistance shall be made.

(2) In addition to the functions referred to in sub-article (1), the

Board shall also examine cases wherein in terms of paragraphs 3

and/or 4 of the Emergency Assistance Order 1989, the Director

General (Social and Family Affairs) appointed by the Prime

Minister is of the opinion that the limits laid down therein need to

be exceeded.

(3) It shall be the duty of the Board to treat each case with the

utmost urgency and to arrive at a decision in the shortest possible

time.

(4) For the discharge of its functions under this Act the Board

shall be empowered -

(a) to require any person to appear before it to give

information under oath or affirmation;

(b) to require any person to produce before it any books or

other documents.

The oath shall be administered by the Chairman.

SOCIAL SECURITY

(5) The weekly amount of Social Assistance which the Board

may authorise under sub-article (1) shall not exceed the amount to

which the head of household would, but for the fact that he is not

registered under Part I of the Employment Register kept in

accordance with the provisions of the Employment Service Act,

have been entitled under this Act, sohowever that no account shall

be taken of the head of household in determining the number of

persons in that household for the purposes of Part I of the Sixth

Schedule to this Act.

(6) The maximum amount of Emergency Assistance in cash

which the Board may authorize under sub-article (2) shall not

exceed €33.78 in any period of 7 consecutive days but may

nonetheless continue to be paid for any such period of time as the

Board may determine in the circumstances of the case.

(7) The amount of Emergency Assistance in kind which the

Board may authorize under sub-article (2) shall not be subjected to

any limit but the Board shall ensure, as far as possible, that the

items that need to be purchased beyond the limit laid down in

p a r a g r a p h 4 o f t h e E m e rg e n c y A s si s t a n c e O r d e r, 1 9 8 9 a r e

absolutely necessary and that the expenditure thereon will be

contained within justified reasonable limits.

(8) Any decision taken by the Board under this article shall be

final and conclusive.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 130 Welfare Committee. — SOCIAL SECURITY ACT Open official source

(1) There shall be established a Committee, to be known

as Welfare Committee consisting of a Chairman and of not less than

eight other members appointed by the Minister, of whom two shall

be medical practitioners, one from each side of the House of

Representatives, one from the Department for the Elderly and

Community Services, one from the Department of Social Security

and one from the Department of Health. The other members shall

be chosen from among the inmates of institutions referred to in

article 93, members of their families, members of workers’

committees, or other persons who, in the opinion of the Minister,

are qualified to serve on the Committee.

(2) The Minister shall also appoint a Secretary to the

Committee, who will not be a member.

(3) The Chairman and the other members of the Committee

shall be appointed for a period not exceeding one year, but shall be

eligible for re-appointment.

(4) The quorum shall be half the total number of the members

comprising the Committee.

(5) Subject to sub-article (4), the Committee may act

notwithstanding any vacancy amongst its members.

(6) Subject to the provisions of this article the Committee may

regulate its own procedure.

SOCIAL SECURITY

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 131 Functions of the Welfare Committee. — SOCIAL SECURITY ACT Open official source

(1) The functions of the Welfare Committee shall be -

(a) to administer the funds entrusted to it by Government,

for the benefit of -

(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;

(ii) residents of state-owned hostels for the care and

welfare of the elderly as are specified by the

Minister by notice in the Gazette; and

(iii) recipients of home-care/home-help services that

are provided by Government for the elderly

comprising mainly their daily shopping needs

and personal errands, bed-making, laundering,

drying and ironing of clothes, limited personal

attention, such as dressing-up and washing, as

may be required in the circumstances of the

case, general household cleaning, and, where

specifically requested by the recipient of such

service, cooking and feeding;

(b) to advise the Minister on any matter referred to in the

foregoing paragraphs of this sub-article, and on any

other matter concerning the welfare of the categories

of persons referred to in paragraph (a) as the Minister

may refer to it.

(2) In exercising its functions the Committee may establish

subsidiary committees, and such committees shall, as far as

possible, include persons representative of the categories referred

to in article 130(1), provided that such subsidiary committees shall

be chaired by a member of the Committee.

(3) In administering funds entrusted to it, the Committee shall

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.

(4) The Committee shall utilize all funds entrusted to it for the

care, welfare and benefit of the categories of persons referred to in

sub-article (1)(a)

Provided that -

(i)

such part of such funds as may be approved by

the Minister may be utilized by the Committee

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

SOCIAL SECURITY

may, for the benefit of the aforesaid categories,

determine.

(5) The Minister may give to the Committee directives of a

general nature on the policy to be adopted by it.

(6) The Committee shall, not later than two months after the 1st

day of January of any one 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 Committee and any balance of

such funds remaining at the end of the said year.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 131A Competent authority for state- owned hostels for the care and welfare of persons with disability. — SOCIAL SECURITY ACT Open official source

(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

SOCIAL SECURITY

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 XII

DUTIES, FUNCTIONS AND SPECIAL POWERS OF THE DIRECTOR

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 132 Duties and functions of the Director. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

(1) The administration of this Act is vested in the

Director General (Social Security) or, as the case may require, in

the Commissioner for Tax and Customs, or in the Director (Elderly

and Community Services), or in the Director (Benefit Fraud and

Investigation).

(2) In addition to any other functions or duties assigned to him,

by or under any other law, the Director General (Social Security)

and the Director responsible for the Benefit Fraud and Investigation

Directorate shall, subject to the supervision and control of the

Minister, carry out and perform such functions and duties as may,

from time to time, be assigned to him by the Government.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 133 Special powers of the Director. — SOCIAL SECURITY ACT Open official source

In addition to the powers conferred on him by any or all of

the foregoing provisions of this Act or by the provisions of any

other law, the Director shall also have the power -

(a) to administer oaths for the purpose of the proper

performance of his functions, as well as for the proper

administration and execution of this Act, which power

he may also delegate to any other officer of his

Department;

(b) to require any person, including any public officer in

the service of the Government and any Bank or of any

firm, partnership, company or corporation to furnish to

him all the information that he may require in order to

be able to arrive at any decision or to revise any

decision, which he may take under the foregoing

provisions of this Act; and notwithstanding the

provisions of any other law enjoining secrecy passed

before, on or after the commencement of this Act, such

officers as are mentioned in this paragraph are hereby

authorised to furnish to the Director any such

information that he may require

Provided that, except so far as may be necessary

for the proper discharge of his functions and duties or

for the purpose of a prosecution, the Director shall be

bound to observe secrecy in regard to any information

furnished to him under this paragraph, which apart

from this paragraph, ought to be treated as secret, and

the provisions of article 133 of the Criminal Code shall

apply to any wilful breach of such duty

Provided further that, the provisions of the

immediately foregoing proviso shall also apply to any

officer or other employee of the Department concerned

SOCIAL SECURITY

who for any reason whatsoever becomes aware of such

information during the proper discharge of his duties;

(c) to require any person to produce his income tax returns

and/or assessments for the purpose of establishing his

net income, or earnings.

PART XIII

GENERAL PROVISIONS

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 134 Reciprocal and multilateral agreements. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

(1) For the purposes of giving effect to any agreement

with the Government of any country, being an agreement which

provides for reciprocity in matters of social security, the Minister

may make an order modifying or adapting this Act in its application

to cases affected by the agreement.

(2) The Minister may, by order, extend the application of this

Act, insofar as Social and Medical Assistance, or the grant of an

Age Pension, a Disability Assistance, Severe Disability Assistance,

Increased Severe Disability Assistance or Assistance for the Visually

Impaired are concerned, to persons who are not citizens of Malta in

order to give effect to any convention, agreement or arrangement to

which Malta is a party, and which provides for reciprocity in Social

and Medical Assistance or in the grant of such pensions.

(3) The Minister may make regulations to provide for the

transposition and implementation of any directive or other legal

instrument of the European Union or of any decision of the

European Court of Justice on matters of social security.

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 135 Free postage. Re-numbered by: XXIV. 1993.2. — SOCIAL SECURITY ACT Open official source

Certificates and other documents which may be required

by the Director for the proper administration and execution of this

Act, may be sent free of postage to the Director in envelopes

marked "Social Security".

Laws of Malta — Chapter 318 — SOCIAL SECURITY ACT

Art. 136 Savings. — SOCIAL SECURITY ACT Open official source

(1) All regulations and orders in force under the Old Age

Pensions Act, the Director of Social Services Act, the National

Insurance Act, and the National Assistance Act shall, with the

necessary modifications, adaptations and limitations, and insofar as

they are not inconsistent with the provisions of this Act, continue in

force and have effect as if they had been made under this Act and

may be revoked, amended or suspended accordingly.

(2) Any references in any other enactment to the enactments

mentioned in sub-article (1), being references of a general nature,

shall be substituted by references to the title of this Act.

SOCIAL SECURITY