Increase in the Rates of Benefits (No. 2) Order, 2006

L.N. 101 of 2006

SOCIAL SECURITY ACT

(CAP. 318)

Increase in the Rates of Benefits (No. 2) 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>

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

commencement.

Benefits (No. 2) 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

2 nd January 2006< and

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

Twelfth and Fourteenth Schedules with effect from the 7 th January

2006.

(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 the 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.

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

Schedules to the

and Fourteenth Schedules to the Social Security Act there shall be Act.

substituted the following Second, Third, Sixth, Eighth, Ninth, Tenth,

Twelfth and Fourteenth Schedules respectively>

(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

Lm c

Sickness Benefit

6.79

4.40

Injury Benefit

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< Cap. 207.

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 the 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 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 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, has

a gross wage or gross income, as the case may be, which does not

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

persons of eighteen years of age or over established by a National

Standard Order issued under the Employment and Industrial

Relations Act during the 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 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<

(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.

(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

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) 82.9% 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 Cap. 123.

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 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<

(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.

(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 49.88

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.

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.

(Article 25)

Amounts of Sickness Assistance, Milk Grant, Leprosy Assistance

and Tuberculosis Assistance

Type of Assistance

1. Sickness Assistance

(i)

in respect of the first member of the household

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

household

2. Milk Grant

3. Leprosy Assistance

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

leper

(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

(b)

if 16 years of age or over

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

who is not gainfully occupied

4. Tuberculosis Assistance

(i) basic amount of tuberculosis assistance payable

in respect of a household, one member of which is

affected by tuberculosis

(ii) allowance payable in respect of each additional

member of the household affected by or particularly

vulnerable to tuberculosis

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 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) 82.9% 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

of the Weekly Allowance National Standard Order, 1988<

L.N. 112 of 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 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 the 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 paragraph 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 be 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)

an 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 purpose 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) 82.9% 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 Supplementary Allowance is

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

provisions of this Act.

(Articles 7 and 10)

RATES OF CONTRIBUTIONS

Part I

Class One Contributions

(Employed Persons)

Category

Type of Employed Persons

Weekly Rate of Contribution

Weekly Rate of Contribution

payable by employed person

payable by the employer

Persons under eighteen years of age (other

than those falling under category ‘E’

A

below of this Part) whose basic weekly

wage or the weekly equivalent of their

Lm2.84

Lm2.84

basic monthly salary does not exceed

Lm57.88

Persons over eighteen years of age (other

than those falling under category ‘F’ of

B

this Part) whose basic weekly wage or the

Lm5.79

Lm5.79

weekly equivalent of their basic monthly

salary does not exceed Lm57.88

Persons (other than those falling under

Categories ‘E’ and ‘F’ of this Part) whose

10%, calculated to the nearest

10%, calculated to the nearest

C

basic weekly wage or the weekly

cent, of their basic weekly wage

cent, of their basic weekly

equivalent of their basic monthly salary

or the weekly equivalent of their

wage or the weekly equivalent

exceeds Lm57.88 but does not exceed

basic monthly salary

of their basic monthly salary

Lm133.80

Persons (other than those falling under

Categories ‘E’ and ‘F’ of this Part) whose

D

basic weekly wage or the weekly

Lm13.38

Lm13.38

equivalent of their basic monthly salary

exceeds Lm133.80

Persons under eighteen years of age who

are following a full-time course of studies

10%, calculated to the nearest

10%, calculated to the nearest

E

or instruction under the Student-Worker

cent, of the basic weekly

cent, of the basic weekly

Scheme, or other similar schemes

remuneration or the weekly

remuneration or the weekly

(including the Extended Skills Training

equivalent of their basic monthly

equivalent of their basic

Schemes, but excluding the Worker-

remuneration up to a maximum

monthly remuneration up to a

Student Schemes) involving distinct work

rate of contribution of Lm1.88

maximum rate of contribution

and study periods for which they are

of Lm1.88

receiving remuneration

Persons over eighteen years of age who

are following a full-time course of studies

10%, calculated to the nearest

10%, calculated to the nearest

F

or instruction under the Student-Worker

cent, of the basic weekly

cent, of the basic weekly

Scheme, or other similar schemes

remuneration or the weekly

remuneration or the weekly

(including the Extended Skills Training

equivalent of their basic monthly

equivalent of their basic

Schemes, but excluding the Worker-

remuneration up to a maximum

monthly remuneration up to a

Student Schemes) involving distinct work

rate of contribution of Lm3.41

maximum rate of contribution

and study periods for which they are

of Lm3.41

receiving remuneration

Part II

Class Two Contributions

(Self Employed Persons)

Category

Type of Self Employed Persons

Weekly Rate of Contributions payable

by a self-employed person

Persons whose annual net income (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

Exceeds Lm430 but does not exceed Lm 2,908 (this category

SP

is applicable ONLY to single persons who are not self-

Lm8.39

occupied)

Is less than Lm 3,535

Lm10.20

SA

The weekly equivalent of 15% of their

Exceeds Lm 3,535 but does not exceed Lm 6,957

annual income calculated to the nearest

SB

cent

Exceeds Lm 6,957

Lm20.07

SC

Part III

Class Two Contributions

(Self Occupied 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 3,535

Lm10.20

SA

The weekly equivalent of 15% of their

Exceeds Lm 3,535 but does not exceed Lm 6,957

annual net earnings calculated to the

SB

nearest cent

Exceeds Lm 6,957

Lm20.07

SC

(Articles 26, 31, 44, 50, 54, 63, 64, 67)

Rates of Several Kinds of Pension

A

Full Rates of Retirement 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

Persons who are also in receipt of a Service

Persons who are also in receipt of a Service

Pension that is payable by or on behalf of the

Pension that is NOT payable by or on behalf

Government of the

of the Government of the United Kingdom

United Kingdom

Married person who

Married person who

is maintaining a

Any other person

is maintaining a

Any other person

spouse

spouse

Lm c

Lm c

Lm c

Lm c

39.13

30.44

36.67

29.32

B

Full Rates of Increased Retirement Pension, Invalidity Pension, Increased Invalidity

Pension, National Minimum Pension and Increased National Minimum Pension per week,

inclusive of any increases under the provisions of article 90A of this Act, where the yearly

average of contributions paid or credited is 50 or more

Type of Pension

Married person who is

Any other person

maintaining a spouse

Lm c

Lm c

Increased Retirement Pension

(Articles 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 article 30 (9)

Lm c

10.00

PART II

(Repealed by Act II.2004.34)

PART III

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

Lm c

94.68

PART IV

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

Lm c

24.00

PART V

Supplementary Allowance

Maximum annual reckonable

income that can be taken for

Maximum amount

STATUS

entitlement purposes. (So

Allowance

of annual allowance

however any reckonable income

payable

payable

below Lm2,270 shall be deemed

to be equivalent to Lm2,270)

Married person

Equivalent to 1.75%

who is

of the difference

maintaining a

obtaining between

spouse and is not

Lm4,200

Lm140

Lm10,270 and actual

entitled to an

reckonable income

allowance under

article 76 or single

parent who is not

entitled to an

allowance under

article 76

Equivalent to 1.25%

of the difference

Single person

Lm3,270

Lm75

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 maximum amounts indicated above as the case may be.

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%

15%

5th and other subsequent child

3% 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 and Training Services Act

2% for each such child

(Cap 343) and 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.

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 to 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.

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.

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

20

7.68

Unemployment Benefit

4.13

2.70

Special Unemployment Benefit

6.92

4.52

PART II

Amounts of Injury Grant

Degree of Disablement

Amount of Grant

%

Lm c

83.32

166.63

249.94

333.26

416.56

499.88

583.18

666.50

749.82

833.13

916.44

999.76

1083.07

1166.39

1249.70

1332.99

1416.31

1499.62

1582.93

PART III

Highest Rate of Injury Pension

Weekly Rate

Lm c

01

PART IV

Orphan's Allowance

Weekly Rate

Lm c

14.91

PART V

Orphan's Supplementary Allowance

Weekly Rate

Lm c

33. 83

30

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

40

2. A married couple where only one of the

spouses qualifies for a pension under article 66

28.49

of this Act

3. Widowed, single persons or a married person

36.05

whose spouse is in receipt of a State Financed

Residential Service in terms of article 93 of

this Act

PART III

Highest Rate of Disability Pension and Pension for the Visually Impaired per week

inclusive of any increases under the provisions of article 90A of this Act

Weekly Rate

Lm

33.62

PART IV

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

increases under the provisions of article 90A of this Act

Highest Rate of Carer’s

Pension per week

Lm c

35.82

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 ground rent 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.

96

43.47

Invalidity Pension

31.42

25.77

Increased Invalidity Pension

46.13

36.13

National Minimum Pension*

46.40

38.75

Increased National Minimum

53.96

43.47

Pension

* NB: The full rates of the National Minimum Pension are calculated at four-fifths (to the

nearest whole cent) of the National Minimum Wage in the case of a married person who is

maintaining a spouse and at two-thirds (to the nearest whole cent of the National

Minimum Wage) in the case of any other person, as provided for in article 50 of this Act

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

41.95

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 - <50

[{FAP - INC} x 0.89] + INC

30 - <40

[{FAP - INC} x 0.69] + INC

20 - <30

[{FAP - INC} x 0.49] + INC

For the purposes of the above table “FAP” shall mean 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” shall mean all increases granted in terms of article 90A of this Act taking effect

from 1st January 1994 and subsequent years.

E

Rates of National Minimum Pension Additional Allowance per week

Yearly average of

Married person who is

contributions paid or

maintaining a spouse

Any other person

credited

Lm c

Lm c

50 (full rate)

2.05

3.19

40 - <50

1.83

3.68

30 - <40

1.42

4.60

20 - <30

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 - <50

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

30 - <40

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

20 - <30

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

For the purposes of the above table “FWP” shall mean the full rate of Widow’s Pension in

accordance with Table C of this Schedule and “INC” shall mean 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.

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

of article 90A of this Act

Married person who is maintaining a

Any other person

spouse

Lm c

Lm c

46.40

38.75

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

Where Widow/Widower is entitled to an

Where Widow/Widower is entitled to an

allowance under article 31(a)

Allowance under article 31(b)

Lm c

Lm c

1.95

4.00

Highest Rate per week of a Two-Thirds pension

Lm c

89.37