Increase in the Rates of Benefits Order, 2006 (ln_2006_100) | MT

Malta Government Gazette — Legal Notice 2006 100 — Increase in the Rates of Benefits Order, 2006

Preamble — Increase in the Rates of Benefits Order, 2006 Open official source

L.N. 100 of 2006

SOCIAL SECURITY ACT

(CAP. 318)

Increase in the Rates of Benefits Order, 2006

IN exercise of the powers conferred by article 84 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

and Minister of Finance, has made the following order>

Malta Government Gazette — Legal Notice 2006 100 — Increase in the Rates of Benefits Order, 2006

Reg. 1 — Increase in the Rates of Benefits Order, 2006 Open official source

(1) The title of this order is the Increase in the Rates of Citation and

commencement.

Benefits Order, 2006.

(2)

This order shall be deemed to have come into force as

follows>

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

3 rd January, 2005< and

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

Ninth, Twelfth and Fourteenth Schedules with effect from the 1 st

January, 2005.

Malta Government Gazette — Legal Notice 2006 100 — Increase in the Rates of Benefits Order, 2006

First Schedule — Increase in the Rates of Benefits Order, 2006 Open official source

(Article 5)

Insurable Employment

PART I

Employments

1. Employment in Malta under any contract of service or Cap. 343.

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

including employment by or under the Government of Malta. For the

purposes of this Schedule “apprenticeship” shall have the same meaning

assigned to it under article 29 of the Employment and Training Services

Act>

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.

Employment as aforesaid outside Malta>

2. (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.

Malta Government Gazette — Legal Notice 2006 100 — Increase in the Rates of Benefits Order, 2006

Reg. 2 — Increase in the Rates of Benefits Order, 2006 Open official source

For the First, Second, Third, Sixth, Eighth, Ninth, Tenth, Substitutes

Twelfth, and Fourteenth Schedules to the Social Security Act, there Schedules

Act.

shall be substituted the following First, Second, Third, Sixth, Eighth,

Ninth, Tenth, Twelfth and Fourteenth Schedules respectively>

Malta Government Gazette — Legal Notice 2006 100 — Increase in the Rates of Benefits Order, 2006

Second Schedule — Increase in the Rates of Benefits Order, 2006 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, 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>

(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 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 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 paragraph 1

(a) 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 5.5% 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 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 Cap. 207.

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 article 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 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 the spouse of such head of

household<

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 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 Cap. 452.

Employment and Industrial Relations Act during the 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 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 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 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<

(d) 82.2% 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) of this paragraph<

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

(c) 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 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<

(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.

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 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 of the household as aforesaid in this

Part, 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 the 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 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 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 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

of in order to become entitled to Free Medical Aid.

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 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 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<

(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 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<

(d) 82.2% 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 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) of

this paragraph<

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

(c) of Part I of this Schedule<

(f) any weekly allowance payable by any employer in terms

L.N. 112 of 1988.

of the Weekly Allowance National Standard Order, 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 the Government of Malta, for the first 12 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 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, “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.

PART IV

Age Pension and Carer’s Pension

1. In calculating means for the purposes of articles 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 paragraph 1 (a) 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 paragraph 1 (a) 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 person 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 paragraphs 3 (a) and (d) of the said Part I)< so however 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, 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 of 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< 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

(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 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 such spouse as an integral condition of their

separation, that sum shall be deducted when calculating such married

person’s means.

PART V

Disability Pension and Pension for the Visually Impaired

1. In calculating the means for the purposes of article 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 paragraph 1 (a) 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

paragraph 1 (b) 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<

(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 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 community of acquests, and

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

received by the claimant.

5. Where a married person who is legally or de facto separated

from the spouse proves to the satisfaction of the Director that any sum

is being paid to such spouse as an integral condition of their separation,

that sum shall be deducted when calculating such married person’s

means.

PART VI

Social Assistance

1. In calculating the 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 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.

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, jewellery

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

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

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

household>

(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,

jewellery and other personal effects and any income or privilege, which

is or could be received or enjoyed by the head of household and the

spouse of such head of household, 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 the spouse of such head of

household 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 of this

Act<

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

22 of this Act<

(c) any injury grant or injury pension paid under article 29

of this Act<

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

the provisions of article 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

preceeding 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 to this Act, up to the

last Friday preceeding 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) of this Act 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 lawful 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 of this

Act account shall be taken of the income derived from any property

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, 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>

(a) any medical assistance paid under articles 20, 21 and 22

of this Act<

(b) any injury grant or injury pension paid under article 29

of this Act<

(c)

contributions paid under this Act<

(d) 82.2 % 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 to this Act.

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

preceeding 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 preceeding 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) of this Act, 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 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, if any.

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.

B

Malta Government Gazette — Legal Notice 2006 100 — Increase in the Rates of Benefits Order, 2006

Reg. 3 — Increase in the Rates of Benefits Order, 2006 Open official source

Service after the 14th August, 1979, in any of the offices

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

Malta Government Gazette — Legal Notice 2006 100 — Increase in the Rates of Benefits Order, 2006

Third Schedule — Increase in the Rates of Benefits Order, 2006 Open official source

(Articles 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

Any Other

who is not employed on a

Person

full-time basis

Lm c

Sickness Benefit

6.53

4.23

Injury Benefit

9.80

7.38

Unemployment Benefit

3.97

2.59

Special Unemployment Benefit

6.65

4.34

PART II

Amounts of Injury Grant

Degree of Disablement

Amount of Grant

%

Lm c

80.08

160.15

240.23

320.31

400.36

480.44

560.51

640.59

720.67

800.74

880.82

960.90

1040.97

1121.05

1201.11

1281.17

1361.25

1441.32

1521.40

B

PART III

Highest Rate of Injury Pension

Weekly Rate

Lm c

Malta Government Gazette — Legal Notice 2006 100 — Increase in the Rates of Benefits Order, 2006

Reg. 4 — Increase in the Rates of Benefits Order, 2006 Open official source

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

of Representatives, other than services in any of the offices specified in

articles 59(1), 80 and 88 of the Constitution, except where the person

concerned is self-occupied.

Malta Government Gazette — Legal Notice 2006 100 — Increase in the Rates of Benefits Order, 2006

Sixth Schedule — Increase in the Rates of Benefits Order, 2006 Open official source

(Articles 27, 30, 66 and 68)

PART I

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

under the provisions of article 90A of this Act

A Household of ONE eligible

Member Only

Lm c

32.63

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

the above column, the respective weekly rate 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

Lm c

1. A married couple where both spouses qualify

for a pension under article 66 of this Act.

Malta Government Gazette — Legal Notice 2006 100 — Increase in the Rates of Benefits Order, 2006

Reg. 5 — Increase in the Rates of Benefits Order, 2006 Open official source

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.

Malta Government Gazette — Legal Notice 2006 100 — Increase in the Rates of Benefits Order, 2006

Eighth Schedule — Increase in the Rates of Benefits Order, 2006 Open official source

(Article 23)

PART I

Scale rate 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 47.63

Where the number of members in the household exceeds one 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 one 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 2006 100 — Increase in the Rates of Benefits Order, 2006

Reg. 6 — Increase in the Rates of Benefits Order, 2006 Open official source

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.

Malta Government Gazette — Legal Notice 2006 100 — Increase in the Rates of Benefits Order, 2006

Ninth Schedule — Increase in the Rates of Benefits Order, 2006 Open official source

(Article 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

7.55

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

household

5.35

2. Milk Grant

5.75

3. Leprosy Assistance

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

leper

11.90

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

who is a leper and not gainfully occupied

(a)

if under 16 years of age

5.75

(b)

if 16 years of age or over

11.90

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

who is not gainfully occupied

5.75

4. Tuberculosis Assistance

(i) basic amount of tuberculosis assistance payable in

respect of a household, one member of which is

affected by tuberculosis

8.75

(ii) allowance payable in respect of each additional

member of the household affected by,

or

particularly vulnerable to, tuberculosis

4.35

B

Malta Government Gazette — Legal Notice 2006 100 — Increase in the Rates of Benefits Order, 2006

Reg. 7 — Increase in the Rates of Benefits Order, 2006 Open official source

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.

Malta Government Gazette — Legal Notice 2006 100 — Increase in the Rates of Benefits Order, 2006

Tenth Schedule — Increase in the Rates of Benefits Order, 2006 Open official source

(Articles 7 and 10)

RATES OF CONTRIBUTIONS

Part I

Class One Contributions

(Employed Persons)

Increase in the Rates of Benefits Order, 2006

Table of Provisions (22)

Statutory Text (22 Articles)

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