Increase in the Rates of Benefits Order, 2003 (ln_2003_436) | MT

Malta Government Gazette — Legal Notice 2003 436 — Increase in the Rates of Benefits Order, 2003

Preamble — Increase in the Rates of Benefits Order, 2003 Open official source

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L.N. 436 of 2003

SOCIAL SECURITY ACT

(CAP. 318)

Increase in the Rates of Benefits Order, 2003

IN exercise of the powers conferred by article 84 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 Order:-

Citation and

Malta Government Gazette — Legal Notice 2003 436 — Increase in the Rates of Benefits Order, 2003

Reg. 1 — Increase in the Rates of Benefits Order, 2003 Open official source

(1) The title of this Order is the Increase in the Rates of Benefits

commencement

Order, 2003.

(2) This Order shall come into force :-

(a) in the case of the Tenth Schedule with effect from the 5 th

January, 2004; and

(b) in the case of Second, Third, Sixth, Eighth, Ninth, Twelfth

and Fourteenth Schedules with effect from the 3 rd January,

2004. Substitutes of

Malta Government Gazette — Legal Notice 2003 436 — Increase in the Rates of Benefits Order, 2003

Third Schedule — Increase in the Rates of Benefits Order, 2003 Open official source

Sections 18, 28, 29, 30

PART I

Rates of Sickness, Unemployment, Special Unemployment and

Injury Benefits, Injury Grant and Injury Pension

Daily Rate of Benefit

A Single Parent or a Married

Type of Benefit

Person maintaining a Spouse who

Any other person

is not employed on a full-time basis

Lm c

Sickness Benefit

6.32

4.09

Injury Benefit

Malta Government Gazette — Legal Notice 2003 436 — Increase in the Rates of Benefits Order, 2003

Reg. 2 — Increase in the Rates of Benefits Order, 2003 Open official source

For the Second, Third, Sixth, Eighth, Ninth, Tenth, Twelfth, and

Schedules to the

Fourteenth Schedules to the Act, there shall be substituted the

Act.

following Second, Third, Sixth, Eighth, Ninth, Tenth Twelfth and

Fourteenth Schedules respectively:-

“SECOND SCHEDULE

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, a Disability Pension, a Pension for the Visually Impaired, a Carer's Pension,

Children's Allowance, a Supplementary Allowance, and a Disabled Child Allowance.

PART I

Exemption from the payment of Class Two Contributions

1. In calculating means for the purposes of article 12 of this Act, account

shall be taken of -

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(a) the value of any property (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) and the capital value of

any urban immovable property (excluding the house of residence) which is not

being put to profitable use, together exceed Lm4,000 in the case of a single or

widowed person or Lm7,000 in the case of a married man, 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 for in paragraph 3 of this Part, any income or privilege

which is or could be received or enjoyed by that person.

2. Where the total capital resources referred to in sub-paragraph (a) of

paragraph 1 of this Part do not exceed the limits laid down therein -

(a) the first Lm250 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 1/2% of its capital value.

Malta Government Gazette — Legal Notice 2003 436 — Increase in the Rates of Benefits Order, 2003

Sixth Schedule — Increase in the Rates of Benefits Order, 2003 Open official source

Sections 27, 30, 66 and 68

PART I

Scale Rates of Social Assistance per week, inclusive of any measures

under the provisions of Section 90A of this Act

A household of ONE eligible

Member only

Lm c

Malta Government Gazette — Legal Notice 2003 436 — Increase in the Rates of Benefits Order, 2003

Reg. 3 — Increase in the Rates of Benefits Order, 2003 Open official source

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 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 other pension other than a pension payable in virtue of article 16A of

the Malta Dockyard Act paid apart from this Act; and

(e) the first Lm200 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 means for the purposes of section 20 of this Act, account

shall be taken of -

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

(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 a

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) and the capital value of any

urban immovable property (excluding the house of residence) which is not

being put to profitable use, together exceed -

(i) Lm6,000 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) Lm10,000 in the case of a household consisting of at least the head of

household and his wife;

the person claiming Sickness Assistance shall not be deemed to be entitled to

such assistance; and

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

which is or could be received or enjoyed by any member of the household who

are neither employed persons nor self-employed or self-occupied persons 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 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

his wife, is an employed person or a self-employed or self-occupied person, if

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

Conditions of Employment (Regulation) Act during the period in respect of

which such assistance is due, such a member shall, for the purpose 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 sub-paragraph (a) of

paragraph 1 of this Part do not exceed the limit laid down therein -

(a) the first Lm250 of such capital resources shall be ignored; and

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(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 1/2% of its capital value.

3. Where any member as aforesaid in this Part of the household, other than the

head of household and his wife, is in possession of any property as is referred to

in sub-paragraph (a) of paragraph 1 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;

(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 the

household or his wife within the twelve months immediately preceding the

claim for Sickness Assistance.

Malta Government Gazette — Legal Notice 2003 436 — Increase in the Rates of Benefits Order, 2003

Eighth Schedule — Increase in the Rates of Benefits Order, 2003 Open official source

Section 23

PART I

Scale rates of means governing Free Medical Aid where the head of

household is in insurable employment or self-occupied

Number of Persons in household

Scale Rate

1 person only

Lm 45.88

Where the number of members in the household exceeds 1, the weekly rate indicated

above shall be increased by Lm3.50 per week in respect of every other member in that

household.

PART II

Scale rates of means governing Free Medical Aid where the head of household is

neither in insurable employment nor self-occupied

Number of Persons in household

Scale Rate

1 person only

Lm 11.75

Where the number of members in the household exceeds 1, the weekly rate indicated

above shall be increased by Lm3.50 per week in respect of every other member in that

household.

B

Malta Government Gazette — Legal Notice 2003 436 — Increase in the Rates of Benefits Order, 2003

Reg. 4 — Increase in the Rates of Benefits Order, 2003 Open official source

In calculating the income or privilege which is or could be received or

enjoyed by any member as aforesaid in this Part of the household, no account

shall be taken of -

(a) the first Lm40 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, Care Allowance,

Disabled Child Allowance or Maternity Benefit payable under this Act; and

(d) 81.6% 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 his wife, 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" means any pension over the National Minimum Pension as indicated

in sub-paragraph (b) of this paragraph; and

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

of Part I of this Schedule;

(f) 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 which is run by Government,

whether involving or not distinct work and study periods; and, for this purpose,

“stipend” does 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;

(g) the first Lm200 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.

Malta Government Gazette — Legal Notice 2003 436 — Increase in the Rates of Benefits Order, 2003

Ninth Schedule — Increase in the Rates of Benefits Order, 2003 Open official source

Section 25

Amounts of Sickness Assistance, Milk Grant, Leprosy Assistance and

Tuberculosis Assistance.

Type of Assistance

Weekly Rate

1. Sickness Assistance:-

(i) in respect of the first member of the household

7.20

(ii) in respect of any other member of the same

5.00

household

2. Milk Grant

5.40

3. Leprosy Assistance:-

(i) in respect of the head of a household who is a

11.55

leper

(ii) in respect of any other member of the household

who is a leper and not gainful occupied:-

5.40

(a)

if under 16 years of age

11.55

(b)

if 16 years of age or over

(iii) in respect of any other member of the household

5.40

who is not gainfully occupied

4. Tuberculosis Assistance:-

(i) basic amount of tuberculosis assistance payable in

8.40

respect of a household one member of which is

affected by tuberculosis

(ii) allowance payable in respect of each additional

4.00

member of the household affected by or particularly

vulnerable to tuberculosis

B

Malta Government Gazette — Legal Notice 2003 436 — Increase in the Rates of Benefits Order, 2003

Reg. 5 — Increase in the Rates of Benefits Order, 2003 Open official source

For the purposes of this part, "wife” shall include such woman who, in the

opinion of the Director, is living with the head of household as if she were his

lawful wedded wife and in the case where a female is, in the opinion of the

Director, the head of household, a male who in the opinion of the Director is

living with such head of household as if he were her lawful wedded husband,

during any period in which Sickness Assistance is being, or could be, paid to

the head of the household under the provisions of this Act.

Malta Government Gazette — Legal Notice 2003 436 — Increase in the Rates of Benefits Order, 2003

Tenth Schedule — Increase in the Rates of Benefits Order, 2003 Open official source

Sections 7 and 10

Rates of Contributions

Part I

Class One Contributions

(Employed Persons)

Category

Type of Self-Occupied Person

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 of this Act) during the calendar year immediately

preceding the contribution year in which the contribution is being

paid :-

is less than Lm 3,327…………………………

Lm9.61

SA

The weekly equivalent of 15% of their

exceeds Lm 3,288 but does not exceed Lm 6,748

annual net earnings calculated to the

SB

nearest cent.

Exceeds Lm 6,748……………………………

Lm19.47

SC

B

Malta Government Gazette — Legal Notice 2003 436 — Increase in the Rates of Benefits Order, 2003

Reg. 6 — Increase in the Rates of Benefits Order, 2003 Open official source

Where a head of household is in receipt of Sickness Assistance under this

Act, any increase, taking effect at any time after the 6th January, 1989, to which

he or any member as aforesaid in this Part of his household may become

entitled in respect of any pension, benefit, assistance or allowance as is payable

to him or to any member of his household under this Act during the same

period within which he is in receipt of the aforesaid Sickness Assistance, shall

not be taken into account in calculating the means of that household for the

purposes of establishing the continued right or otherwise to such Sickness

Assistance.

PART III

Free Medical Aid

1. In calculating means for the purposes of article 23 of this Act, account shall

be taken of -

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

(excluding the house of residence) belonging to all the members of the

household, which is or could be, invested or put to a 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) and the capital value of any

urban immovable property (excluding the house of residence) which is not

being put to profitable use, together exceed -

(i) Lm4,000 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) Lm7,000 in the case of a household consisting of at least the head of

household and his wife;

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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, any income or privilege

which is or could be received or enjoyed by any member of the household

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 in order to become

entitled to Free Medical Aids.

2. Where the total capital resources referred to in sub-paragraph (a) of

paragraph 1 of this Part do not exceed the limit laid down therein -

(a) the first Lm250 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, other than the head of household and

his wife, is in possession of any property as is referred to in sub-paragraph (a)

of paragraph 1 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;

(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 the

household or his wife 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 Lm40 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; and

(d) 81.6% 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 his wife; 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 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" means any pension over the National Minimum

Pension as indicated in sub-paragraph (b) of this paragraph;

(e) any amounts as are referred to in sub-paragraphs (b) and (c) of paragraph 3

of Part I of this Schedule;

(f) any weekly allowance payable by any employer in terms of the Weekly

Allowance National Standard Order, 1988;

1988. (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 Government, for the first 12 weeks of

entitlement;

(h) 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 which is run by Government,

whether involving or not distinct work and study periods; and, for this purpose,

“stipend” does 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 under this Act; and

(j) the first Lm200 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, "wife" shall include such woman who, in the

opinion of the Director, is living with the head of household as if she were his

lawful wedded wife and in the case where a female is, in the opinion of the

Director, the head of household, a male who in the opinion of the Director is

living with such head of household as if he were her lawful wedded husband

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.

B

PART IV

Age Pension and Carer's Pension

1. In calculating means for the purpose of sections 66 and 68 of this Act,

account shall be taken of any property (excluding the house of residence)

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

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

in the proviso to sub-paragraph (a) of paragraph 1 of Part I of this Schedule are

exceeded, the person making a claim for an Age Pension or a Carer's 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, in lieu of the

limits laid down in the proviso to sub-paragraph (a) of paragraph 1 of Part I of

this Schedule, Lm6,000 in the case of a single or widowed person or Lm10,000

in the case of a married man shall instead be taken in the calculation of means.

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 sub-paragraphs

(a) and (d)) of paragraph (3) of the said Part I; sohowever that, no account shall

be taken of -

(a) the first Lm165 of such means, in the case of a married couple; or

(b) the first Lm115 of such means, in the case of a single or widowed person;

and

(c) any Medical Assistance, any Supplementary Allowance, Children's

Allowance, Care Allowance, Disabled Child Allowance or Maternity Benefit

payable under this Act;

(d) the first Lm200 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 in order to become entitled to an Age Pension, or

a Carer's Pension, as the case may be, or to become so entitled at a more

advantageous rate; sohowever 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 (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 to this Act as

abated by the weekly means attributable to each one of them.

5. Where a married man who is legally or `de facto' separated from his wife

proves to the satisfaction of the Director that he is paying any sum to his wife

as an integral condition of their separation, that sum shall be deducted when

calculating his means.

PART V

Disability Pension and Pension for the Visually Impaired

1. In calculating the means for the purposes of section 27 of this Act, account

shall be taken of -

(a) the value of any property (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; and

(b) save as provided for in paragraph 3 of this Part, any income or privilege

which is or could be received or enjoyed by that person, calculated on a weekly

basis.

2. The means which could accrue from any property as is described under

sub-paragraph (a) of paragraph 1 of this Part, which is not being put to

profitable use shall be calculated as follows

(a) the first Lm250 of such property shall be ignored; and

(b) the value of any such property in excess of Lm250 shall be deemed as

producing a weekly income equivalent to 0.11% of its capital value.

3. In calculating the income or privilege as is described under sub-paragraph

B

(b) of paragraph 1 of this Part, no account shall be taken of -

(a) any sickness benefit from a friendly society or a trade union;

(b) any sum paid out of a charitable fund; and

(c) any Medical Assistance, Children's Allowance, Disabled Child Allowance

or Maternity Benefit payable under this Act;

(d) the first Lm200 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.

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

Disability Pension or a Pension for the Visually Impaired, account shall be

taken of the property (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 be each of the couple, sohowever that in the case where such married

couple is ‘de facto’ separated, account shall be taken of (a) 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 III of the Sixth Schedule to this Act as

abated by the weekly means attributable to each one of them.

5. Where a married man who is legally or de facto separated from his wife

proves to the satisfaction of the Director that he is paying any sum to his wife

as an integral condition of their separation, that sum shall be deducted when

calculating his means.

PART VI

Social Assistance

1. In calculating means for the purposes of article 30 of this Act, account shall

be taken of any property, income or privilege as is indicated in paragraph 1 of

Part II of this Schedule; so however that, no account shall be taken of the first

Lm200 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 sub-paragraph (a) of paragraph 1 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; sohowever that,

notwithstanding the provisions of sub-paragraph (b) of paragraph 4 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 his wife, if any, at

the time when the claim for such assistance is made.

PART VII

Children’s Allowance and Disabled Child Allowance

1. (a) In calculating the means for the purposes of article 76 of this Act,

account shall be taken of the income derived from any property, which is

invested or put to profitable use, excluding furniture, jewelry and other personal

effects and any income or privilege, which is or could be received or

enjoyed by the head of household and his or her spouse. And 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 the household and his or her

spouse.

(b) In calculating the means for the purposes of article 77 of this Act, account

shall be taken of the income derived from any property, which is invested or

put to profitable use, excluding furniture, jewelry and other personal effects and

any income or privilege, which is or could be received or enjoyed by the

head of household or his or her spouse, whichever is the greater income.

And for this purpose such income shall include any pre-tax profits, whether

distributed or not, held by any company or other commercial enterprise of

which the head of household or 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 or his or

her spouse

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 his or her spouse, as the case may be, and as aforesaid in

this Part, had directly or indirectly deprived himself or deprived themselves

in order to become entitled to an allowance or to become so entitled at a

more advantageous rate.

B

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

enjoyed by the head of household and his wife, no account shall be taken

of:-

(a) an allowance paid under articles 69, 76 and 77 of this Act,

(b) any medical assistance paid under articles S20, 21 and 22 of this Act,

(c) any injury grant or any injury pension paid under article 29 of this Act,

(d) an allowance paid to a widow or widower in terms of the provisions of

section 31 of this Act,

(e) contributions paid under this Act as from the 1st January, 1996,

(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; and

(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 to this Act, up to the last Friday preceding 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 his spouse,

the surviving spouse, or the person deemed to be so in terms of subarticle (2) of

article 82 of this Act, 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 demise of such

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 him and to his wife, if any

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 purpose of this Part "spouse" includes such woman who in

the opinion of the Director, is living with the head of household as if she

were his lawful wedded wife and in the case where a female is in the

opinion of the Director, the head of household, a male who in the opinion

of the Director is living with such head of household as if he were her

lawful wedded husband, 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 of this Act, account

shall be taken of the income derived from any property which is invested or put

to profitable use, excluding furniture, jewelry and other personal effects, and

any income or privilege which is received or enjoyed by the head of household

and his wife, if any.

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

enjoyed by the head of household and his wife, no account shall be taken of:-

(a) any medical assistance paid under articles 20, 21 and 22 of this Act;

(b) any injury grant or any injury pension paid under article 29 of this Act;

(c) contributions paid under this Act;

(d) 81.6 % 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 his wife, 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 terms "excess

pension" means 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 to this Act.

B

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 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 his wife, 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; and

(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 preceding 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 subarticle (2) of article 82 of

this Act, shall be entitled to elect, if it is more beneficial to him or to her, 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 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 him and to his wife, if any.

B

Malta Government Gazette — Legal Notice 2003 436 — Increase in the Rates of Benefits Order, 2003

Twelfth Schedule — Increase in the Rates of Benefits Order, 2003 Open official source

Sections 26, 31, 44, 50, 54, 63, 64, 67

A.

Full Rates of Retirement Pension per week, inclusive of any increases under the

provisions of Section 90A of this Act, where the yearly average of contributions paid or

credited is 50 or more

Persons who are also in receipt of a

Service Pension that is payable by or on

Service Pension that is NOT payable by

behalf of the Government of the

or on behalf of the Government of the

United Kingdom

Married man who is

maintaining his wife

Any other person

maintaining his wife

Any other person

Lm c

36.29

27.60

33.83

26.48

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 Section 90A of this Act,

where the yearly average of contributions paid or credited is 50 or more.

Type of Pension

Married man who is

Any other person

maintaining his wife

Increased Retirement Pension.

Malta Government Gazette — Legal Notice 2003 436 — Increase in the Rates of Benefits Order, 2003

Fourteenth Schedule — Increase in the Rates of Benefits Order, 2003 Open official source

Sections 30,70,72,73,76, 76A, 77

Rates of several kinds of Allowances, Maternity Benefit and a Marriage Grant

PART I

Rate per week of Allowance paid to residents of a therapeutic

community in terms of Section 30(9)

Lm c

10.00

PART II

Rate per week of Allowance paid to residents of a state owned

Institution in terms of Section 30(10)

Lm c

5.52

PART III

Lump sum paid by way of a Marriage Grant in terms of Section 70

Lm c

88.50

B

D.

PART IV

Rate per week of Maternity Benefit paid in terms of Section 72(1)

Lm c

20.00

E.

PART V

Supplementary Allowance

Maximum annual reckonable

income that can be taken for

Maximum amount

STATUS

entitlement purposes. (So

Allowance

of annual

however any reckonable income

payable

allowance payable

below Lm2,270 shall be deemed

to be equivalent to Lm2,270)

Married man who

Equivalent to

is maintaining his

1.75% of the

wife and is not

difference

entitled to an

Lm4,200

Lm140

obtaining between

allowance under

Lm10,270 and

article 76 or single

actual reckonable

parent who is not

Income

entitled to an

allowance under

article 76

Equivalent to

1.25% of the

Single person

Lm3,270

Lm75

difference

obtaining between

Lm8,270 and actual

reckonable Income

No entitlement to an Allowance under this part is acquired where the annual reckonable

income exceeds the maximums indicated above as the case may be.

B

F.

PART VI

Children's Allowance

Maximum annual reckonable income that can be taken for entitlement

Purposes - Lm10,270. (So however any reckonable income below

Lm2,770 shall be accepted to be equivalent to Lm2,770)

Percentage rate payable, by way of an

Number of children in household under 16

Allowance, on difference obtaining between

years of age

reckonable annual income and Lm10,270

6%

9%

12%

14%

5th. And other subsequent child

2% for each such child

Over 16 years but under 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 327) and who is not receiving

2% for each such child

any form of remuneration or allowance or

is registered unemployed under the part I

register and has never been gainfully

occupied.

over 16 years but under 21 years and is

registered as unemployed under Part I of

the employment register kept in

accordance with the provisions of the

Employment Service Act (Cap 343) and

2% for each such child

who has never been gainfully occupied,

and who is not in receipt of any benefit

pension or assistance payable under this

Act.

An Allowance payable to a household under this part shall in no case be less than

Lm52 per annum. No entitlement to an Allowance under this part is acquired where the

annual reckonable income exceeds the maximum annual reckonable income indicated

above. So however that, where in a household there are four or more children, entitlement

to an Allowance is still acquired by such household, notwithstanding that the income of

such household exceeds the maximum annual reckonable income indicated, as long as

such reckonable income does not exceed Lm13,270.

B

G.

PART VII

Disabled Child Allowance

Maximum Annual reckonable income that can be taken for entitlement

Purposes – Lm13,270

Rate of disabled Child Allowance per week

Where annual reckonable income

does not exceed Lm 9,270

Lm 5.00

When annual reckonable income exceeds Lm9,270 but does not exceed Lm13,270 the

weekly rate of Lm5, by way of an allowance is to be deducted by 6.5% of the difference

obtaining between the reckonable income and Lm13,270.

An Allowance payable to a household under this part shall in no case be less than Lm52

per annum. No entitlement to an allowance under this part is acquired where the annual

reckonable income exceeds the maximum annual reckonable income indicated above.

H.

PART VIII

Rate per week per child, of Care Allowance paid in terms of Article 76A

Lm c

12.00

An Allowance payable under this part shall continue in payment when the child is over 16

years but under 18 years and still not gainfully occupied.”.

Malta Government Gazette — Legal Notice 2003 436 — Increase in the Rates of Benefits Order, 2003

Reg. 9 — Increase in the Rates of Benefits Order, 2003 Open official source

49

7.14

Unemployment Benefit

3.84

2.50

Special Unemployment

6.44

4.20

Benefit

B

PART II

Amounts of Injury Grant

Degree of Disablement

Amount of Grant

%

Lm c

77.56

155.11

232.67

310.23

387.77

465.33

542.88

620.44

698.00

775.55

853.11

930.67

1008.22

1085.78

1163.33

1240.87

1318.43

1395.98

1473.54

PART III

Highest Rate of Injury Pension

Weekly Rate

Lm c

Malta Government Gazette — Legal Notice 2003 436 — Increase in the Rates of Benefits Order, 2003

Reg. 22 — Increase in the Rates of Benefits Order, 2003 Open official source

35

B

PART IV

Orphan's Allowance

Weekly Rate

Lm c

13.88

PART V

Orphan's Supplementary Allowance

Weekly Rate

Lm c

30. 99 B

Malta Government Gazette — Legal Notice 2003 436 — Increase in the Rates of Benefits Order, 2003

Reg. 31 — Increase in the Rates of Benefits Order, 2003 Open official source

47

Where the number of eligible members in the household exceeds the number indicated in

the above column the respective weekly rates indicated therein shall be increased by

Lm3.50 per week in respect of every other eligible member in that household.

PART II

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

the provisions of article 90A of this Act

Category of Pensioner

Highest Rate of Age Pension

per week

1. A married man whose wife:-

(i) also qualifies for a pension in her own

right under articles 27 or 66 of this Act.

Malta Government Gazette — Legal Notice 2003 436 — Increase in the Rates of Benefits Order, 2003

Reg. 43 — Increase in the Rates of Benefits Order, 2003 Open official source

10

(ii) does not qualify for a pension in her own

right under articles 27 or 66 of this Act.

25.65

2. A married woman whose husband does not

qualify for a pension in his own right under

25.65

articles 27 or 66 of this Act.

3. Widowed or single persons.

33.21

B

PART III

Highest Rate of Disability Pension and Blindness Pension per week, inclusive of any

increases under the provisions of Section 90A of this Act

Category of Pensioner

Highest Rate of Disability

Pension or Blindness Pension

per week

1. A married man whose wife:-

(i) also qualifies for a pension in her own

right under articles 27 or 66 of this Act.

40.13

(ii) does not qualify for a pension in her own

right under articles 27 or 66 of this Act.

25.55

2. A married woman whose husband does not

qualify for a pension in his own right under

articles 27 or 66 of this Act.

25.55

3. Widowed or single persons.

30.99

PART IV

Highest Rate of Carer’s Pension per week inclusive of any

increases under the provisions of Section 90A of this Act

Highest Rate of Carer’s

Pension per week

Lm c

33.61

B

PART V

House Rent

The rates in Parts I, II, III and IV of this Schedule shall be increased by 50c per

week if the household is paying rent for its normal place of habitation

Provided that, where 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 groundrent payable by the household in respect of premises which are held in

emphyteusis for a period not exceeding twenty-five years shall be deemed to be the house

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

household and solely as residence.

PART VI

Rate per week of Allowance in lieu of an Age Pension,

a Disability Pension and a Blindness Pension

Lm c

5.52

B

Gazzetta tal-Gvern ta' Malta — Avviż Legali 2003 436 — ATT DWAR IS-SIGURTA’ SO~JALI (KAP. 318) Ordni ta’ l-2003 dwar |ieda fir-Rati ta’ Benefi``ji BIS-SA}}A tas-setg]at mog]tija bl-artikolu 84 ta’ l-Att dwar is-

Reg. 45 — ATT DWAR IS-SIGURTA’ SO~JALI (KAP. 318) Ordni ta’ l-2003 dwar |ieda fir-Rati ta’ Benefi``ji BIS-SA}}A tas-setg]at mog]tija bl-artikolu 84 ta’ l-Att dwar is- Open official source

88

Meta n-numru ta' membri fil-familja jkun i\jed minn 1, ir-rata fil-[img]a murija

hawn fuq ti\died bi Lm3.50 fil-[img]a dwar kull membru ie]or ta' dik il-familja.

TAQSIMA II

Rata ta' Skala tal-mezzi li jirregolaw l-G ] ajnuna Medika Bla ] las meta l-

kap tal-familja ma jkollux impieg assigurabbli u lanqas ma jkun ja ] dem

g ] alih innifsu.

Numru ta' Persuni fil-familja

Rata ta' Skala

Lm c

Persuna wa]da biss

11.75

Meta n-numru ta' membri fil-familja jkun i\jed minn 1, ir-rata fil-[img]a murija

hawn fuq ti\died bi Lm3.50 fil-[img]a dwar kull membru ie]or ta' dik il-familja.

Malta Government Gazette — Legal Notice 2003 436 — Increase in the Rates of Benefits Order, 2003

Reg. 51 — Increase in the Rates of Benefits Order, 2003 Open official source

12

40.63

Invalidity Pension.

28.58

22.93

Increased Invalidity Pension.

43.29

33.29

National Minimum Pension *

43.10

35.92

Increased

National

Minimum

51.12

40.63

Pension.

* N.B. 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 man who is

maintaining his wife 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 of this Act.

B

C.

Full Rate of Widow’s Pension per week, inclusive of any increases under the

provisions of article 90A of this Act, where the yearly average of contributions paid or

credited is 50 or more.

Lm c

39.11

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 of this Act, where

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 – 49

[{FAP - INC} x 0.89] + INC

30 – 39

[{FAP - INC} x 0.69] + INC

20 – 29

[{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, of this Schedule, and

“INC” means all increases granted in terms of article 90A of this Act taking effect from

1st January, 1994 and subsequent years.

B

E.

Rates of National Minimum Pension Additional Allowance per week.

Yearly average of

Married man who is

contributions paid or

maintaining his wife

Any other person

credited

Lm c

50 (full rate)

2.05

3.19

40 - 49

1.83

3.68

30 - 39

1.42

4.60

20 - 29

2.42

5.50

F.

Reduced Rates of Widows’ Pension per week, inclusive of any increases under the

provisions of article 90A of this Act, where 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 – 49

[{FWP - (INC + 7.63)} x 0.89] + INC + 7.63

30 – 39

[{FWP - (INC + 7.63)} x 0.69] + INC + 7.63

20 – 29

[{FWP - (INC + 7.63)} x 0.49] + INC + 7.63

For the purposes of the above table, “FWP” means the full rate of Widow’s

Pension in accordance with table C of this Schedule, and “INC” means all increases

granted in terms of article 90A of this Act taking effect from 1st January, 1994 and

subsequent years; whilst the amount of LM7.63 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.

B

G.

Rate of Parent’s Pension per week, inclusive of any increases under the provisions

of article 90A of this Act.

Married man who is maintaining his wife

Any other person

Lm c

43.10

35.92

H. Rate of Widows' and Survivors’ Pensions Additional Allowance per week.

Where Widow or Survivor is entitled

to an allowance under article 31(a)

to an Allowance under article 31(b)

Lm c

1.95

4.00

I. Highest Rate per week of a Two-Thirds pension

Lm c

86.53

B

Increase in the Rates of Benefits Order, 2003

Table of Provisions (20)

Statutory Text (20 Articles)

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