State Financed Residential Services Rates Regulations, 2004

L.N. 259 of 2004

SOCIAL SECURITY ACT

(CAP. 318)

State Financed Residential Services Rates Regulations, 2004

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

of the Social Security Act, hereinafter referred to as “the Act”, the

Minister for the Family and Social Solidarity, with the concurrence

of the Prime Minister, has made the following regulations>-

(1) The title of these regulations is the State Financed Citation and

commencement.

Residential Services Rates Regulations, 2004.

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

force on the 3rd January, 2004.

Level of care.

(1)

Any resident of -

(a) a state financed residential service for the care and

welfare of older persons, or

(b) any other state financed institution where

notwithstanding the fact that the person has been medically

discharged, the person remains a resident,

shall contribute to Government for his care and upkeep, an amount

in accordance with the provisions of these regulations, as specified

hereunder.

(2) The amount payable by such resident as part of one’s

contribution shall depend on the level of care such resident is

receiving, and for the purposes of these regulations the level of care

shall be considered as>-

(a) Level 1 care, where residential service with only

minimal basic care is provided< or

(b) Level 2 care, where the residential service provided

includes such level of care that goes beyond minimal basic care

as certified by the Interdisciplinary Assessment Team within

the Elderly and Community Services Department.

(1) Any resident who prior to the coming into force of

these regulations, was already in a state-financed residential service

and was receiving Level 1 care, in accordance with paragraph 2 (a)

of regulation 2, shall contribute 60% of any pension, social assistance

and bonus receivable, net of income tax, and 60%, of any other

income received during the calendar year immediately preceding

the year in which the assessment of such other income is made for

the purposes of these regulations, net of income tax.

So however that the total contribution shall not exceed Lm10.50

per diem, or be such to leave such resident with less than Lm600 per

annum at the residentís disposal.

(2) Any resident who prior to the coming into force of

these regulations was already in a residential service, and was

receiving level 2 care, in accordance with paragraph 2 (b) of

regulation 2, shall contribute 80% of any pension, social assistance

and bonus receivable, net of income tax, and 60%, of any other

income received during the calendar year immediately preceding

the year in which the assessment of such other income is made for

the purposes of these regulations, net of income tax.

So however that the total contribution shall not exceed Lm13.50

per diem, or be such as to leave such resident with less than Lm600

per annum at the residentís disposal.

(3) Any resident who becomes a resident of such

residential service on or after the coming into force of these

regulations, and who is receiving level 1 care, in accordance with

paragraph 2 (a) of regulation 2, shall contribute 60% of any pension,

social assistance and bonus receivable, net of income tax, and 60%

of any other income received during the calendar year immediately

preceding the year in which the assessment of such other income is

made for the purposes of these regulations, net of income tax.

So however that such contribution made by the resident shall

not be such as to leave the resident with less than Lm600 per annum

at the resident’s disposal.

(4) Any resident who becomes a resident of such

residential service on or after the coming into force of these

regulations, and who is receiving level 2 care, as specified above,

shall contribute 80% of any pension, social assistance and bonus

receivable, net of income tax, and 60% of other any income received

during the calendar year immediately preceding the year in which

the assessment of such other income is made for the purposes of

these regulations net of income tax.

So however that such contribution made by the resident shall

not be such as to leave the resident with less than Lm600 per annum

at the resident’s disposal.

(5) For the purposes of these regulations where such

resident is a married person and the community of acquests exists

between the spouses, the term all other income shall in all cases

include half the income deriving to the community of acquests.

(6) Where in accordance with article 96 of the Act

payments of benefits under that Act are split between spouses, the

reference to pension, social assistance, allowance and bonus in the

foregoing paragraphs of these regulations shall be deemed not to

include such part of such pension, social assistance, allowance or

bonus payable to the spouse of the resident according to the said

Article 96.

In the calculation for the purposes of establishing the Calculation of

means for the

contribution due by a resident in terms of regulation 3 of these purposes of

regulations, account shall be taken of>-

establishing the

contribution due

by a resident.

(a) the value of any property (excluding the house of

residence) which is, or could be, invested or put to profitable

use, excluding furniture, jewellery and other personal effects>

Provided that the value of any urban immovable property taken

for these purposes shall be treated as providing an annual income

equivalent to 5 1 # 2 % of its capital value<

(b) any income derived from cash at a bank, liquid assets,

time deposits, bonds, stocks, shares and other securities<

(c) any pension, benefit, social assistance, bonus or

allowance whether such pension, benefit, assistance, bonus or

allowance are paid under this Act or not<

(d) any other income or privilege which is or could be

received or enjoyed by such resident, and for this purpose shall

include any income or privilege which the resident had directly

or indirectly deprived himself in order to have his contribution

due in terms of these regulations assessed at a lower rate.

In terms of the provisions of article 93 of the Act, and for

the purposes of regulation 2 of these regulations the following

institutions are being specified for the aforementioned purposes>-

Saint Vincent de Paule Residence

The Geriatric Wards, and St. Anne Residence of the Gozo

General Hospital

Mount Carmel Hospital

Sir Paul Boffa Hospital

Saint Lukeís Hospital

Gozo General Hospital

The Hostels for the Elderly at>

Cospicua

Floriana

Gzira

Mosta

Msida

Mtarfa

}ejtun, and

any state financed beds in non state-owned homes for older

persons or institutions as may be contracted by Government.

The Specified State-Owned Institutions and Hostels

Regulations, 2000 and the State-Owned Institutions and Hostels

2000. Rates Regulations, 2000 are hereby both revoked.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press