Increase in the Rates of Benefits Order, 2008 (ln_2008_149) | MT

Malta Government Gazette — Legal Notice 2008 149 — Increase in the Rates of Benefits Order, 2008

Preamble — Increase in the Rates of Benefits Order, 2008 Open official source

L.N. 149 of 2008

SOCIAL SECURITY ACT

(CAP. 318)

Increase in the Rates of Benefits Order, 2008

IN exercise of the powers conferred by article 84 of the Social

Security Act, hereinafter referred to as “the Act”, the Minister for Social

Policy, with the concurrence of the Minister of Finance, the Economy

and Investment has made the following order>

Malta Government Gazette — Legal Notice 2008 149 — Increase in the Rates of Benefits Order, 2008

Reg. 1 — Increase in the Rates of Benefits Order, 2008 Open official source

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

commencement.

Benefits Order, 2008.

(2) This order shall come into force as follows>

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

7th January, 2008<

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

Twelfth and Fourteenth Schedules except Part V, with effect from

the 5 th January, 2008< and

(c) in the case of Part V of the Fourteenth Schedule with

effect from the 5 th July, 2008.

Malta Government Gazette — Legal Notice 2008 149 — Increase in the Rates of Benefits Order, 2008

Third Schedule — Increase in the Rates of Benefits Order, 2008 Open official source

(Articles 18, 28, 29, 30)

PART I

Rates of Sickness, Unemployment, Special Unemployment and Injury Benefits, Injury

Grant and Injury Pension

Daily Rate of Benefit

A Single Parent or a Married

Type of Benefit

Person maintaining a Spouse

Any Other

who is not employed on a full-

Person

time basis

Sickness Benefit

€ 16.72

€ 10.81

Injury Benefit

€ 25.09

€ 18.89

Unemployment Benefit

€ 10.16

€ 6.64

Special Unemployment Benefit

€ 17.03

€ 11.13

PART II

Amounts of Injury Grant

Degree of Disablement

Amount of Grant

€

%

204.98

409.95

614.93

819.89

1024.78

1229.77

1434.73

1639.72

1844.70

2049.66

2254.60

2459.59

2664.55

2869.53

3074.45

3279.39

3484.37

3689.31

3894.29

PART III

Highest Rate of Injury Pension

Weekly Rate

€ 59.07

PART IV

Orphan's Allowance

Weekly Rate

€ 46.82

PART V

Orphan's Supplementary Allowance

Weekly Rate

€ 83.86

Malta Government Gazette — Legal Notice 2008 149 — Increase in the Rates of Benefits Order, 2008

Reg. 2 — Increase in the Rates of Benefits Order, 2008 Open official source

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 including any settlement of property in trust

(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), cash settled in any trust and the

capital value of any urban immovable property including any settlement of such property in

trust (excluding the house of residence) which is not being put to profitable use, together

exceed € 9,320 in the case of a single or widowed person, or € 16,310 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 including any person

entitled to benefit under a trust or in which favour a discretion to distribute

property, including income or privilege, held in trust may be exercised.

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 € 585 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.

Malta Government Gazette — Legal Notice 2008 149 — Increase in the Rates of Benefits Order, 2008

Sixth Schedule — Increase in the Rates of Benefits Order, 2008 Open official source

(Articles 27, 30, 66 and 68)

PART I

Scale Rates of Social Assistance per week inclusive of any measures under the

provisions of article 90A of this Act

A Household of ONE eligible

Member Only

€ 84.95

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 € 8.15 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

€ 83.86

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

€ 88.21

PART V

House Rent

The rates in Parts I, II, III and IV of this Schedule shall be increased by € 1.16

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.

Malta Government Gazette — Legal Notice 2008 149 — Increase in the Rates of Benefits Order, 2008

Reg. 3 — Increase in the Rates of Benefits Order, 2008 Open official source

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

by the person requesting an exemption from the payment of a Class Two contribution, no

account shall be taken of

(a)

any assistance, pension, benefit or allowance payable under this Act;

(b)

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

(c)

any sum paid out of a charitable fund;

(d) any 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 € 470 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 account shall be taken

(a)

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

including any settlement of property in trust (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), cash settled in any trust and the capital

value of any urban immovable property including any settlement of such property in trust

(excluding the house of residence) which is not being put to profitable use, together exceed

(i) € 14,000 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) € 23,300 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;

(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

including any entitlement of such member to benefit under a trust or in

whose favour a discretion to distribute property, including income or

privilege, held in trust may be exercised 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 € 585 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.

Malta Government Gazette — Legal Notice 2008 149 — Increase in the Rates of Benefits Order, 2008

Eighth Schedule — Increase in the Rates of Benefits Order, 2008 Open official source

(Article 23)

PART I

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

insurable employment or self-occupied

Number of Persons in Household

Scale Rate

1 person only

€ 123.76

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

above shall be increased by € 8.15 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

€ 27.37

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

above shall be increased by € 8.15 per week in respect of every other member in that

household.

Malta Government Gazette — Legal Notice 2008 149 — Increase in the Rates of Benefits Order, 2008

Reg. 4 — Increase in the Rates of Benefits Order, 2008 Open official source

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 € 95 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;

(c)

any Supplementary Allowance, Children's Allowance, Care Allowance,

Disabled Child Allowance or Maternity Benefit payable under this Act;

(d)

83.8% of the total net income or of any privilege, benefit or allowance or of

any excess pension which is being, or could be received or enjoyed by such

member of the household, other than the head of household or the spouse of

such head of household, and for this purpose the total net income, privilege,

benefit, allowance or excess pension shall be reduced by any income tax

payments made by the person concerned in accordance with the Income Tax

Act, and the term "excess pension" shall mean any pension over the National

Minimum Pension as indicated in sub-paragraph (b);

(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 € 470 by way of earnings derived by any person from the carrying

out of hand knitting, lace making, crochet and embroidery activities at home,

and the manufacture of which does not involve any mechanical processes.

Malta Government Gazette — Legal Notice 2008 149 — Increase in the Rates of Benefits Order, 2008

Ninth Schedule — Increase in the Rates of Benefits Order, 2008 Open official source

(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

Malta Government Gazette — Legal Notice 2008 149 — Increase in the Rates of Benefits Order, 2008

Reg. 5 — Increase in the Rates of Benefits Order, 2008 Open official source

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.

Malta Government Gazette — Legal Notice 2008 149 — Increase in the Rates of Benefits Order, 2008

Tenth Schedule — Increase in the Rates of Benefits Order, 2008 Open official source

(Articles 7 and 10)

RATES OF CONTRIBUTIONS

Part I

Class One Contributions

(Employed Persons)

Weekly Rate of

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 € 8,628

€ 24.88

SA

The weekly equivalent of 15% of their

Exceeds € 8,628 but does not exceed € 16,600

annual net earnings calculated to the

SB

nearest cent.

Exceeds € 16,600

€ 47.89

SC

Malta Government Gazette — Legal Notice 2008 149 — Increase in the Rates of Benefits Order, 2008

Reg. 6 — Increase in the Rates of Benefits Order, 2008 Open official source

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

increase taking effect at any time after the 6th January, 1989, to which he or any member 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 account shall be taken

(a)

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

including any settlement of property in trust (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), cash settled in any trust 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) € 9,320 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) € 16,310 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

including any entitlement of a member of the household to benefit under a

trust or in whose favour a discretion to distribute property, including income

of privilege, held in trust may be exercised

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 € 585 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 € 95 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)

83.8% 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);

(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;

(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 € 470 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, 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, €14,000 in the case of a

single or widowed person or € 23,300 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 € 385 of such means in the case of a married couple; or

(b)

the first € 270 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 € 470 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 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 account shall be taken

(a)

of the value of any property including any settlement of property in trust

(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

or cash settled in any trust 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 € 585 of such property shall be ignored; and

(b)

the value of any such property in excess of € 585 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 € 470 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 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 € 470 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 account shall be taken

of the income derived from any property including any settlement of property in trust, which

is invested or put to profitable use, excluding furniture, jewellery and other personal effects

and any income or privilege, including any entitlement to benefit under a trust or in

whose favour a discretion to distribute property, including income or privilege held in

trust may be exercised, 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 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;

(b)

any medical assistance paid under articles 20, 21 and 22;

(c)

any injury grant or injury pension paid under article 29;

(d)

any allowance paid to a widow or widower in terms of the provisions of

article 31;

(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, 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) 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 account shall be taken of the

income derived from any property including any settlement of property in trust 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, including any entitlement to benefit under a trust ot in

whose favour a discretion to distribute property, including income or privilege, held in trust

may be exercised, 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;

(b)

any injury grant or injury pension paid under article 29;

(c)

contributions paid under this Act;

(d)

83.8% 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.

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.

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

preceding the first Saturday in July of the year following the calendar year in

respect of which such means were taken for assessment purposes

Provided that in the event of the demise of the head of household, the surviving spouse

or the person deemed to be so in terms of article 82 (2), 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.

Malta Government Gazette — Legal Notice 2008 149 — Increase in the Rates of Benefits Order, 2008

Twelfth Schedule — Increase in the Rates of Benefits Order, 2008 Open official source

(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

Pension that is NOT payable by or on

the Government of the

behalf of the Government of the United

United Kingdom

Kingdom

Married person who

is maintaining a

Any other person

is maintaining a

Any other person

spouse

€ 96.20

€ 75.96

€ 90.47

€ 73.35

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

Increased Retirement Pension

€ 130.75

€ 106.31

Invalidity Pension

€ 78.24

€ 65.08

Increased Invalidity Pension

€ 112.51

€ 89.22

National Minimum Pension*

€ 114.16

€ 95.34

Increased National Minimum Pension

€ 130.75

€ 106.31

*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

€ 102.77

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 credited

maintaining a spouse

Any other person

50 (full rate)

€ 4.78

€ 7.43

40 - <50

€ 4.26

€ 8.57

30 - <40

€ 3.31

€ 10.72

20 - <30

€ 5.64

€ 12.81

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 + €17.77)} x 0.89] + INC + €17.77

30 - <40

[{FWP - (INC + €17.77)} x 0.69] + INC + €17.77

20 - <30

[{FWP - (INC + €17.77)} x 0.49] + INC +€17.77

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 € 17.77 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 spouse

Any other person

€ 114.16

€ 95.34

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

Where Widow/Widower is entitled to

an allowance under article 31(a)

an Allowance under article 31(b)

€ 4.54

€ 9.32

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

€ 213.23

J. The Cost of Living Bonus

In the case of a married person maintaining a In the case of any other person

spouse and who is in receipt of a National

Minimum Pension at the married rate

€ 0.70 per week

€ 1.16 per week

Malta Government Gazette — Legal Notice 2008 149 — Increase in the Rates of Benefits Order, 2008

Fourteenth Schedule — Increase in the Rates of Benefits Order, 2008 Open official source

(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)

€ 23.29

PART II

(Repealed by Act II.2004.34)

PART III

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

€ 232.94

PART IV

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

€ 63.48

PART V

Supplementary Allowance

Maximum annual reckonable

income that can be taken for

STATUS

entitlement purposes.

Allowance

Maximum amount

(So however any reckonable

payable

of annual

income below € 5287 shall be

allowance payable

deemed to be equivalent to

€ 5287)

Married

person

who is maintaining

a spouse and is not

Equivalent to 2% of

entitled to an

€ 9,966

€ 372.72

the

difference

allowance under

obtaining between €

article 76 or single

23,923 and actual

parent who is not

reckonable income

entitled

to

an

allowance under

article 76

Equivalent to 1.50%

of the difference

Single person

€ 7,799

€ 209.66

obtaining between €

19,264 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

A.

Where the maximum annual reckonable income for entitlement purposes is €

23,923 or less. (So however any annual reckonable income below € 4,658 shall be

considered to be equivalent to € 4,658)

Percentage rate payable, by way of an

allowance, on difference obtaining between

reckonable annual income and € 23,923

Children in household under 16 years of age

6% 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

2% for each such child

(Cap. 327) and who is not receiving 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

Register kept in accordance with the

provisions of the Employment and Training

2% for each such child

Services Act (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 Table A above shall, irrespective of the

annual reckonable income of the household, in no case be less than the Fixed Children’s

Allowance specified in Table B of this Part.

B. Where the maximum annual reckonable income is more than € 23,923.

Fixed Children’s Allowance

Children in household under 16 years of age

€ 4.81 per week up to a maximum amount of

€ 250 per annum for each such child

PART VII

Rate per week per child of Disabled Child Allowance in terms of Article 77

€ 16.31

PART VIII

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

€ 39.60

An allowance payable under this Part shall continue to be payable when the child is over

16 years but under 18 years and is not gainfully occupied.”.

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

€2.80 (Lm1.20)

Increase in the Rates of Benefits Order, 2008

Table of Provisions (14)

Statutory Text (14 Articles)

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