MT
Increase in the Rates of Benefits Order, 2007
Table of Provisions (21)
Statutory Text (21 Articles)
L.N. 318 of 2007
SOCIAL SECURITY ACT
(CAP. 318)
Increase in the Rates of Benefits Order, 2007
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
Benefits Order, 2007.
commencement.
(2) This order shall come into force as follows>
(a) in the case of the Tenth Schedule, with effect from the
1st January, 2007< and
(b) in the case of the Second, Third, Sixth, Eighth, Ninth,
Twelfth and Fourteenth Schedules, with effect from the 6th January,
2007.
(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
For the Second, Third, Sixth, Eighth, Ninth, Tenth, Twelfth, Substitutes
Schedules to the
and Fourteenth Schedules to the Act, there shall be substituted the Act.
following Second, Third, Sixth, Eighth, Ninth, Tenth, Twelfth and
Fourteenth Schedules respectively>
“SECOND SCHEDULE
(Articles 12, 20, 23, 27, 30, 66, 68, 73, 76 and 76A)
Calculation of means for the purposes of an exemption from the
payment of Class Two Contributions and for the award of Social
Assistance, Sickness Assistance, Free Medical Aid, an Age Pension, a
Disability Pension, a Pension for the Visually Impaired, a Carer’s
Pension, Children’s Allowance, a Supplementary Allowance and a
Disabled Child Allowance.
PART I
Exemption from the Payment of Class Two Contributions
1. In calculating 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 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.
(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
35.47
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
1. A married couple where both spouses qualify for a
pension under article 66 of this Act.
2. A married couple where only one of the spouses
qualifies for a pension under article 66 of this Act.
3. Widowed, single persons or a married person
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
Weekly Rate
Lm c
34.58
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
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 pension, other than a pension payable by virtue of
article 16A of the Malta Dockyard Act, which is 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 the means for the purposes of article 20 of this
Act account shall be taken>
(a) save as provided for in paragraph 3 of this Part, of 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 of 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, of 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 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.
(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 51.63
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.
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 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) 83.4% 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 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.
(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
B
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.
(Articles 7 and 10)
RATES OF CONTRIBUTIONS
Part I
Class One Contributions
(Employed Persons)
Weekly Rate of
Weekly Rate of
Contribution
Contribution
Category
Type of Employed Persons
Payable by
Payable by the
Employed Person
Employer
Persons under eighteen years of age (other than those
falling under category ‘E’ below of this Part) whose
Lm 2.84
Lm 2.84
A
basic weekly wage or the weekly equivalent of their
basic monthly salary does not exceed Lm 59.63
Lm 5.96, or if the
insured person elects,
10% calculated to the
Persons over eighteen years of age (other than those
nearest cent of such
falling under category ‘F’ of this Part) whose basic
person’s basic weekly
Lm 5.96
B
weekly wage or the weekly equivalent of their basic
wage or the weekly
monthly salary does not exceed Lm 59.63
equivalent of such
person’s basic monthly
salary *
10% calculated to the
10% calculated to
Persons (other than those falling under Categories ‘E’
nearest cent of their
the nearest cent of
and ‘F’ of this Part) whose basic weekly wage or the
basic weekly wage or
their basic weekly
C
weekly equivalent of their basic monthly salary
the weekly equivalent
wage or the weekly
exceeds Lm 59.63 but does not exceed Lm 135.55
of their basic monthly
equivalent of their
salary
basic monthly salary
Persons (other than those falling under Categories ‘E’
and ‘F’ of this Part) whose basic weekly wage or the
Lm 13.55
Lm 13.55
D
weekly equivalent of their basic monthly salary
exceeds Lm 135.55
10% calculated to
10% calculated to the
the nearest cent of
Persons under eighteen years of age who are
nearest cent of the
the basic weekly
following a full-time course of studies or instruction
basic
weekly
remuneration or the
under the Student-Worker Scheme, or other similar
remuneration or the
weekly equivalent of
schemes (including the Extended Skills Training
weekly equivalent of
E
their basic monthly
Schemes, but excluding the Worker-Student
their basic monthly
remuneration up to a
Schemes) involving distinct work and study periods
remuneration up to a
maximum rate of
for which they are receiving remuneration
maximum rate of
contribution
of
contribution of Lm1.88
Lm1.88
10% calculated to
10% calculated to the
the nearest cent of
Persons over eighteen years of age who are following
nearest cent of the
the basic weekly
a full-time course of studies or instruction under the
basic
weekly
remuneration or the
remuneration or the
Student-Worker Scheme, or other similar schemes
weekly equivalent of
(including the Extended Skills Training Schemes, but
weekly equivalent of
F
their basic monthly
excluding the Worker-Student Schemes) involving
their basic monthly
remuneration up to a
remuneration up to a
distinct work and study periods for which they are
maximum rate of
receiving remuneration
maximum rate of
contribution
of
contribution of Lm3.41
Lm3.41
* If the insured person elects to pay a contribution of 10% of a basic wage or salary less than the weekly equivalent of
the National Minimum Wage, such contribution may, if the person qualifies for a contributory benefit, result in the
payment of a ‘pro – rata’ benefit.
Part II
Class Two Contributions
(Self Employed Persons)
Weekly Rate of Contributions
Category
Type of Self Employed Persons
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 Lm 430 but does not exceed Lm 2,999 (this
SP
category is applicable ONLY to single persons who are
Lm 8.66
not self-occupied)
Is less than Lm 3,626
Lm 10.46
SA
The weekly equivalent of 15% of
Exceeds Lm 3,626 but does not exceed Lm 7,048
their annual income calculated to the
SB
nearest cent.
Exceeds Lm 7,048
Lm 20.34
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 3,626
Lm10.46
SA
The weekly equivalent of 15% of
Exceeds Lm 3,626 but does not exceed Lm 7,048
their annual net earnings calculated to
SB
the nearest cent.
Exceeds Lm 7,048
Lm 20.34
SC
B
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>
(a) save as provided for in paragraph 3 of this Part, of 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, of 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 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 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) 83.4% 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 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<
(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 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 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>
(a) of 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, of 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
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. 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. 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
preceding 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 preceding the first Saturday in July of the year following the
calendar year in respect of which such means were taken for assessment
purposes>
Provided that in the event of the demise of the head of household
or 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 lawfully 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) 83.4% 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
preceding 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
(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
Persons who are also in receipt of a
Service Pension that is payable by or on
Service Pension that is NOT payable by
behalf of the Government of the
or on behalf of the Government of the
United Kingdom
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
00
4.53
Injury Benefit
(Articles 30, 70, 72, 73, 76, 76A, 77)
Rates of Several Kinds of Allowances, Maternity Benefit and 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 Marriage Grant in terms of article 70
Lm c
97.54
PART IV
Rate per week of Maternity Benefit paid in terms of article 72 (1)
Lm c
25.75
PART V
Supplementary Allowance
Maximum annual reckonable
Maximum amount
STATUS
income that can be taken for
Allowance
of annual allowance
entitlement purposes. (So
payable
payable
however any reckonable income
below Lm 2,270 shall be deemed
to be equivalent to Lm 2,270)
Married
person
Equivalent to 2% of
who
is
the
difference
maintaining
a
obtaining
between
spouse and is not
Lm
10,270
and
entitled to an
Lm 4,200
Lm 160
actual
reckonable
allowance under
income
article 76 or a
single parent who
is not entitled to
an
allowance
under article 76
Equivalent to 1.50%
of the difference
obtaining
between
Single person
Lm 3,270
Lm 90
Lm 8,270 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.
B
PART VI
Children's Allowance
Maximum annual reckonable income that can be taken for entitlement
purposes – Lm 10,270. (So however any reckonable income below
Lm 2,770 shall be accepted to be equivalent to Lm 2,770)
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 Lm 10,270
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 Lm 52 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 Lm 13,270.
PART VII
Disabled Child Allowance
Maximum annual reckonable income that can be taken for
entitlement purposes – Lm 13,270
Rate of Disabled Child
Allowance per week
Lm 5.00
Where annual reckonable income does not exceed Lm 9,270
When annual reckonable income exceeds Lm 9,270 but does not exceed Lm 13,270 the
weekly rate of Lm 5, by way of an allowance, is to be deducted to 6.5% of the difference
obtaining between the reckonable income and Lm 13,270.
An allowance payable to a household under this Part shall in no case be less than Lm 52 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
Lm1.28 (€2.98)
51
7.91
Unemployment Benefit
4.25
2.78
Special Unemployment Benefit
7.13
4.66
PART II
Amounts of Injury Grant
Degree of Disablement
Amount of Grant
%
Lm c
85.84
171.67
257.51
343.34
429.14
514.98
600.81
686.65
772.49
858.32
944.15
1029.99
1115.82
1201.66
1287.47
1373.29
1459.13
1544.95
1630.79
PART III
Highest Rate of Injury Pension
Weekly Rate
Lm c
74
PART IV
Orphan's Allowance
Weekly Rate
Lm c
15.36
PART V
Orphan's Supplementary Allowance
Weekly Rate
Lm c
35. 00
87
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 a residence.
B
30
31.61
37.84
30.49
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
80
dan l-Att
2. Koppja mi żżewġ a li fiha wie ħ ed biss mill-
konju ġ i jikkwalifika g ħ al pensjoni ta ħ t l-artikolu
29.66
66 ta’ dan l-Att
3. Persuni romol jew wa ħ edhom, jew persuna
mizzew ġ a fejn il-konju ġi jirċ ievi Servizz
37.22
Residenzjali Finanzjat mill-Istat bis-sa ħħ a tad-
disposizzjonijiet ta’ l-artikolu 93 ta’ dan l-Att
TAQSIMA III
L-Ogħla Rata ta' Pensjoni Għal Disabilita' u ta' Pensjoni għal Persuni
b'Vista Batuta fil-Ġimgħa
Rata fil- Ġimgħ a
Lm c
34.58
TAQSIMA IV
L-Ogħla Rata ta' Pensjoni għall-Wens fil-ġimgħa inkluża kull żieda
bis-saħħa tad-disposizzjonijiet ta' l-artikolu 90A ta' dan l-Att
L-Og ħ la Rata ta' Pensjoni
g ħ all-Wens fil- Ġimgħ a
Lm c
36.87
TAQSIMA V
Kera tad-dar
Ir-rati li jinsabu fit-Taqsimiet I, II, III u IV ta’ din l-Iskeda għandhom jiżdiedu b’50
ċenteżmu fil-ġimgħa jekk il-familja tkun qiegħda tħallas kera għad-dar ta’ residenza
normali tagħha
Iżda meta aktar minn familja waħda tkun qiegħda tgħix fl-istess dar, l-allowance
għall-kera għandu jitħallas darba waħda biss u għandu jitħallas lill-kap tal-familja li jkun
responsabbli għall-ħlas ta’ dik il-kera lil terzi.
Iċ-ċens li jitħallas minn familja dwar dar miżmuma b’ċens għal perijodu ta’ mhux
aktar minn ħamsa u għoxrin sena għandu jitqies bħala l-kera tad-dar għall-finijiet ta’ dan il-
paragrafu jekk dik id-dar tkun qiegħda tintuża mill-familja esklussivament u unikament
bħala r-residenza tagħhom.
B
13
44.64
Invalidity Pension
32.59
26.94
Increased Invalidity Pension
47.30
37.30
National Minimum Pension*
47.80
39.92
Increased
National
Minimum
55.13
44.64
Pension
*N.B.: The full rates of the National Minimum Pension are calculated at four-fifths (to the
nearest whole cent) of the National Minimum Wage in the case of a married 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
43.12
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
B
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.
G.
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
47.80
39.92
H. Rate of Widows' and Survivors’ Pensions Additional Allowance per week
Where Widow/Widower is entitled to
Where Widow/Widower is entitled to
an allowance under article 31(a)
an Allowance under article 31(b)
Lm c
Lm c
1.95
4.00
I. Highest Rate per week of a Two-Thirds pension
Lm c
90.54
B