State-Owned Institutions and Hostels Rates Regulations, 2000

L.N. 60 of 2000

SOCIAL SECURITY ACT

(CAP. 318)

State-Owned Institutions and Hostels Rates Regulations, 2000

IN exercise of the powers conferred by sections 84, 93 and 131

(1)(b) of the Social Security Act, hereinafter referred to as "the Act",

the Deputy Prime Minister and Minister for Social Policy, with the

concurrence of the Minister of Finance, has made the following

regulations:-

(1) The title of these regulations is the State-Owned

Institutions and Hostels Rates Regulations, 2000.

(2) These regulations shall be deemed to have come into

force on the 1st January, 2000.

(l)

Any resident of -

(a) a state-owned institution for the care and welfare

of the elderly,

(b) any other state-owned institution who has been such

a resident for a period exceeding six consecutive months,

(c)

a state-owned hostel,

such state-owned institutions and hostels being specified by the Minister

by notice in the Gazette, shall contribute towards his upkeep 60% of his

total net income to the Welfare Committee established under section

130 of the Act in accordance with the provisions of these regulations.

(2) Any such contribution made by any residen~ as referred

in paragraph (1) of this regulation shall not -

(a)

exceed Lm 6 per day, and

(b) be such as to leave such resident with less than Lm550

per annum at his disposal.

(3) For the purposes of these regulations, where such a

resident is one of a married couple who prior to becoming such a resident

was not living apart from the other spouse, and the other spouse is not

also a resident, the total net income that shall be taken into account

shall be all income receivable by such resident and shall include one

half of all income receivable by the non-resident spouse other than any

pensions, allowances, benefits and assistance payable in terms of the

Act to the non-resident spouse,

(1) Notwithstanding the foregoing provisions of regulation Apportionmentof

2 of these regulations, and further to the provisions of section 93 of the =;e.:~~ the

Act, any person who in terms of paragraph (a) or (b) of subsection (1) Act.

of section 93 of the Act has ceased to receive a pension, benefit or

allowance payable under the Act, shall receive instead, 40% of the rate

of pension which would otherwise have been applicable in his case,

sohowever that, if he is one of a married couple both of whom are

residents in terms of these regulations, and of whom only one spouse is

in receipt of such pension, reduced as aforesaid, the said 40% shall be

paid into two equal proportions, one to each spouse, and the balance of

60% shall be paid to the Welfare Committee established under section

130 of the Act

.

Provided that where a person to whom this regulation applies

is a married person whose spouse is not such a resident and is not in

receipt of a pension, benefit or allowance payable under the Act, such a

married person shall not be entitled to the aforementioned 40% but his

spouse shall be entitled to receive a weekly payment equivalent to 60%

of the rate of pension, benefit or allowance which would otherwise have

been applicable in.the person's case, and the balance of 40% shall be

paid as to 40% to the spouse who is a resident and as to 60% to the

aforementioned Committee,

(2) Subject to the provisions of the Act, where, during any

period the spouse of a person who is in receipt of a pension, benefit or

allowance under the Act, is a resident of an institution mentioned in

paragraphs (a) and (b) of section 93 of the Act, such person shall, unless

the resident spouse is in receipt of a pension, benefit, or allowance

payable under the Act, cease to receive such pension, benefit or

allowance and shall receive instead a weekly payment equivalent to

60% of the rate of pension, benefit or allowance which would otherwise

have been applicable, and the balance of 40% shall be paid as to 40% to

the spouse who is a resident, and as to 60% to tbe said Committee,

In the case where the spouses were already living apart from A~licability of

· to anyone 0 f t h em b ecommg

. a reSl 'd ent, as af oresal,

'd seetlon96ofthe

one anot h er pnor

Act.

and were receiving a separate pension, benefit or allowance in

accordance with section 96 of the Act, each of such spouses shall be

considered as a single person.

Any bonus and, or, additional bonus payable under section Apportionment of

.

bonus and

85 of the Act to any person, shall be reduced, In respect of every day additional bonus.

during which such person is a resident of an institution referred to in

regulation 2 of these regulations, by the amount resulting from the

multiplication of his entitlement to bonus and, or, additional bonus

under the provisions of the said section 85 and of section 96 of the Act,

and 0.0033; and the amount so reduced from the bonus and, or,

additional bonus shall be paid to the Welfare Committee.

In addition to the amounts provided for in regulations 3 and

5 of these regulations and which are payable to the Welfare Committee

established under section 130 of the Act, the Director responsible for

the Department for the Welfare of the Elderly shall have the right to

recover from any resident as aforesaid an additional amount of money

so as to ensure that such resident is contributing to the said Welfare

Committee, and such amount shall, when aggregated to the amount

deducted under the said regulations 3 and 5 of these regulations, be

equivalent to the contribution to be made in terms of regulation 2 of

these regulations.

The State-owned Hostel Rates Regulations,1988 are hereby

Revokes L.N. 55 of

revoked.