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Increase in the Rates of Benefits Order, 2012

55 Articles / Provisions · Malta
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Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

L.N. 342 of 2012

SOCIAL SECURITY ACT

(CAP. 318)

Increase in the Rates of Benefits Order, 2012

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

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

of Justice, Dialogue and the Family, with the concurrence of the

Minister of Finance, the Economy and Investment has made the

following order

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

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

Benefits Order, 2012.

(2) This order shall have the following commencement

dates

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

the 2nd January, 2012;

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

Ninth, Twelfth and Fourteenth Schedules except Part V

thereof, with effect from the 7th January, 2012;

(c) in the case of Fourth and Seventh Schedule and

Part V of the Fourteenth Schedule, with effect from 1st

January, 2012.

(d) in the case of paragraph 3 of Part VI of the Sixth

Schedule with effect from 1st January, 2011

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

(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

€ 18.57

€ 12.01

Injury Benefit

€ 27.87

€ 20.97

Unemployment Benefit

€ 11.26

€ 7.37

Special Unemployment Benefit

€ 18.92

€ 12.35

PART II

Amounts of Injury Grant

Degree of Disablement

Amount of Grant

€

%

227.62

455.22

682.83

910.42

1137.93

1365.45

1593.13

1820.75

2048.35

2275.95

2503.54

2731.16

2958.74

3186.35

3413.89

3641.46

3869.06

4096.63

4324.24

PART III

Highest Rate of Injury Pension

Weekly Rate

€ 65.62

PART IV

Orphan's Allowance

Weekly Rate

€ 51.99

PART V

Orphan's Supplementary Allowance

Weekly Rate

€ 94.34

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

For the Second, Third, Fourth, Sixth, Seventh, Eighth, to the Act.

Ninth, Tenth, Twelfth and Fourteenth Schedules to the Act, there

shall be substituted the following Second, Third, Fourth, Sixth,

Seventh, 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 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 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Section 28

Industrial Diseases or Injuries

Description of disease or injury

Nature of Occupation

Poisoning by

Any occupation involving

1. Lead or a compound of lead

The use or handling of, or exposure to the fumes, dust or

vapour of, lead or a compound of lead, or a substance

containing lead.

2. Manganese or a compound of manganese

The use or handling of, exposure to the fumes, dust or

vapour of, manganese or a compound of manganese, or a

substance containing manganese.

3. Phosphorus or phosphine or poisoning due to

The use or handling of, or exposure to the fumes, dust or

the anti- cholinesterase action of organic

vapour of, phosphorus, or a compound of phosphorus, or

phosphorus compounds

a substance containing phosphorus.

4. Arsenic or a compound of arsenic

The use or handling of, or exposure to the fumes, dust or

vapour of, arsenic, or a substance containing arsenic.

5. Mercury or a compound of mercury

The use or handling of, or exposure to the fumes, dust or

vapour of, mercury or a compound of mercury, or a

substance containing mercury.

6. Carbon bisulphide

The use or handling of, or exposure to the fumes, or

vapour of carbon bisulphide, or a compound of carbon

bisulphide, or a substance containing carbon bisulphide.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

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 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

(Articles 27, 30, 66,68)

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

€ 95.43

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

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

Weekly Rate

€ 94.35

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

€ 98.69

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 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

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)

84.3% 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; and

(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 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

(Article 20)

Scale rates of means governing Sickness Assistance

Number of persons in Household

Scale Rate

One person only

€ 27.48

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 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

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 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

(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

€ 139.48

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 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

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 including any settlement of property in trust

(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; and

(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)

84.3% 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 including any settlement of property in trust (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; and

(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 including any settlement of property in trust

(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 person is divorced or is 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 that person’s spouse or former spouse as an integral condition of their

separation or divorce, that sum shall be deducted when calculating such 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;

(e)

any income from gainful employment or self-occupation of the person, up to

a maximum amount equivalent to the national minimum wage, as applicable

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

Standard Order under the Employment and Industrial Relations Act; and

(f)

in the case of a person who is not gainfully employed or self-occupied, any

income up to a maximum amount equivalent to the difference between the

national minimum wage, as applicable to persons of eighteen years of age or

over established by a National Standard Order under the Employment and

Industrial Act and the applicable scale rate according to Part III of the Sixth

Schedule.

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 including any settlement of property in trust (excluding the house of residence)

belonging to the couple or the income that is being received or that could be received by each

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.

So however that, with effect from the 7 th January, 2012, with respect to the

property and income of the spouse of the disabled or visually impaired person, the provisions

of this paragraph shall not apply where the marriage was entered into after the 6 th January

2007.

5. Where a person is divorced or is 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 that person’s spouse or former spouse as an integral condition of their

separation or divorce, that sum shall be deducted when calculating such 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.

3. 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 the

income or part thereof of the wife of a head of household from a gainful activity

Provided that during the period in respect of which such income is due, the sum to be

ignored shall in no case exceed an amount equivalent to the difference between the national

minimum wage as is applicable to persons of 18 years of age or over established by a

national standard order issued under the Employment and Industrial Relations Act and the

scale rate as applicable to a household of two persons, as determined by Part I of Sixth

Schedule of this Act.

PART VII

Children’s Allowance

In calculating the means for the purposes of article 76 account shall be taken

1. 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;

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; and

(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.

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 or 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; and

(d)

84.3% 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

proceeding 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

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

(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 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Benzene or a homologue

The use or handling of, or exposure to the fumes of, or

vapour containing benzene or any of its homologues.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

(Articles 7 and 10)

RATES OF CONTRIBUTIONS

Part I

Class One Contributions

(Employed Persons)

Weekly Rate of

Weekly Rate of Contribution

Category

Type of Employed Persons

Contribution Payable

Payable by Employed Person

by the Employer

Persons under 18 years of age whose basic

weekly wage or the weekly equivalent of

A

€6.62

€6.62

their basic monthly salary does not exceed

€158.11

€15.81, or if the insured person

Persons over 18 years of age whose basic

elects, 10% calculated to the

weekly wage or the weekly equivalent of

nearest cent of such person’s

B

€15.81

their basic monthly salary does not exceed

basic weekly wage or the weekly

equivalent of such person’s basic

€158.11

monthly salary (see note 1 below)

Persons born on 31 December 1961 or

before whose basic weekly wage or the

weekly equivalent of their basic monthly

10% calculated to the

salary exceeds €158.11 but does not exceed

10% calculated to the nearest cent

nearest cent of their basic

of their basic weekly wage or the

€334.96

weekly wage or the weekly

C

weekly equivalent of their basic

Persons born on 1 January 1962 or after

equivalent of their basic

monthly salary

whose basic weekly wage or the weekly

monthly salary

equivalent of their basic monthly salary

exceeds €158.11 but does not exceed

€378.50 (see note 2 below)

Persons born on 31 December 1961 or

before whose basic weekly wage or the

€33.50

€33.50

weekly equivalent of their basic monthly

salary exceeds €334.96

D

Persons born on 1 January 1962 or after

whose basic weekly wage or the weekly

€37.85

€37.85

equivalent of their basic monthly salary

exceeds €378.50 (see note 2 below)

Persons under eighteen years of age who are

10% calculated to the nearest

following a full-time course of studies or

10% calculated to the nearest cent of

cent of the basic weekly

instruction under the Student-Worker Scheme,

the basic weekly remuneration or

remuneration or the weekly

or other similar schemes (including the

the weekly equivalent of their basic

E

equivalent of their basic

Extended Skills Training Schemes, but

monthly remuneration up to a

monthly remuneration up to a

excluding the Worker-Student Schemes)

maximum rate of contribution of €

maximum

rate

involving distinct work and study periods for

4.38

contribution of € 4.38

which they are receiving remuneration

Persons over eighteen years of age who are

10% calculated to the nearest

following a full-time course of studies or

10% calculated to the nearest cent of

cent of the basic weekly

instruction under the Student-Worker Scheme,

the basic weekly remuneration or

remuneration or the weekly

or other similar schemes (including the

the weekly equivalent of their basic

F

equivalent of their basic

Extended Skills Training Schemes, but

monthly remuneration up to a

monthly remuneration up to a

excluding the Worker-Student Schemes)

maximum rate of contribution of €

maximum

rate

involving distinct work and study periods for

7.94

contribution of € 7.94

which they are receiving remuneration

NOTE 1: 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 or a contributory pension, result in the

payment of a reduced contributory benefit or contributory pension.

NOTE 2: The increase in the highest contribution rate payable is related to a guaranteed

maximum pensionable income as a result of the pension reform which became law by

virtue of Act XIX of 2006 and Legal Notice 336 of 2006.

Part II

Class Two Contributions

(Self-Employed Persons)

Category

Type of Self Employed Persons

Weekly Rate of Contributions payable by a

self-employed person

Persons whose annual net 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

Exceeds € 1,005 but does not exceed € 7,985

(this category is applicable ONLY to single

€23.03

SP

persons who are not self-occupied)

€27.25

is less than €9,445

SA

Persons born on 31 December 1961 or

before whose annual net income exceeds

€9,445 but does not exceed €17,417

The weekly equivalent of 15% of their annual

income calculated to the nearest cent.

SB

Persons born on 1 January 1962 or after

whose annual net income exceeds €9,445 but

does not exceed €19,682

Persons born on 31 December 1961 or

before whose annual net income exceeds

€50.24

€17,417

SC

Persons born on 1 January 1962 or after

whose annual net income exceeds €19,682

€56.78

(see NOTE 1 below)

NOTE 1: The increase in the highest contribution rate payable is related to a guaranteed

maximum pensionable income as a result of the pension reform which became law by virtue

of Act XIX of 2006 and Legal Notice 336 of 2006.

Part III

Class Two Contributions

(Self Occupied Persons)

Category

Type of Self Occupied Persons

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

€ 27.25 or 15% of the annual net

earnings if the person is a part-time

is less than €9,445

SA

self-employed woman whose annual net

earnings do not exceed € 9,445 (see

NOTE 1 below)

or

€18.16 if the person is a full-time

farmer or breeder whose annual net

earnings do not exceed €9,445

The weekly equivalent of 15% of their

Persons born on 31 December 1961 or before whose

annual earnings calculated to the nearest

annual net earnings exceeds €9,445 but does not exceed

cent

€17,417

or

Persons born on 1 January 1962 or after whose annual

SB

The weekly equivalent of 10% if a full-

net earnings exceeds €9,447 but does not exceed

time farmer or breeder

€19,682

€ 50.24

or

Persons born on 31 December 1961 or before whose

€33.50 if a full-time farmer or

annual net earnings exceeds €17,417

breeder

SC

€ 56.78

or

Persons born on 1 January 1962 or after whose annual

€37.85 if a full-time farmer or

net earnings exceeds €19,682 (see NOTE 2 below)

breeder

NOTE1: If the insured person elects to pay a contribution that is less than €27.25, such

contribution may, if the person qualifies for a contributory benefit or a contributory pension,

result in the payment of a reduced contributory benefit or contributory pension.

NOTE 2: The increase in the highest contribution rate payable is related to a guaranteed

maximum pensionable income as a result of the pension reform which became law by

virtue of Act XIX of 2006 and Legal Notice 336 of 2006.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

A nitro- or amino- or chloro- derivative of

The use or handling of, or exposure to the fumes of, dust

benzene, or of a homologue of benzene, or

or vapour containing, a nitro- or amino- or chloro-

poisoning by nitrochlorobenzene

derivative of benzene or homologue of benzene or

nitrochlorobenzene.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

(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

Married person who

is maintaining a

Any other person

is maintaining a

Any other person

spouse

spouse

€ 106.68

€ 86.44

€ 100.95

€ 83.83

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

€ 141.23

€ 116.79

Invalidity Pension

€ 88.72

€ 75.56

Increased Invalidity Pension

€ 122.99

€ 99.69

National Minimum Pension*

€ 126.73

€ 105.82

Increased National Minimum Pension

€ 141.23

€ 116.79

*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

€ 113.25

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

€ 126.73

€ 105.82

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)

€ 4.54

€ 9.32

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

€ 223.71

J. The Cost of Living Bonus

In the case of a married person

maintaining a spouse and who is in

In the case of

Pensioner category

receipt of a National Minimum

any other person

Pension at the married rate

For pensioners whose

€ 3.84 per week

€ 6.41 per week

pension initial award

date is prior to 3 rd

January 2009

For pensioners whose

€ 3.14 per week

€ 5.24 per week

pension initial award

date falls between 3 rd

January 2009 and 1 st

January 2010

For pensioners whose

pension initial award

€ 2.32 per week

€ 3.88 per week

date falls between 1 st

January 2010 and 31 st

December 2010

For pensioners whose

pension initial award

date falls between 1 st

€ 1.16 per week

€ 1.94 per week

January 2011 and 31 st

December 2011

For pensioners whose

pension initial award

€0,93 per week

€ 1.55 per week

date falls on 1 st January

2012 or after

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Dinitrophenol or a homologue or by The use or handling of, or exposure to the fumes of, or

substituted dinitrophenol or by the salts of such vapour containing, dinitrophenol or a homologue or

substances

substituted denitrophenol or the salts of such substances.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

(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

€ 258.64

PART IV

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

€ 79.20

Rate per week of Maternity Leave Benefit paid in terms of article 72 (4)

€ 160.00

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 € 5,893 shall be

allowance payable

deemed to be equivalent to

€ 5,893)

Married

person

who is maintaining

Equivalent

to

a spouse and is not

entitled

to

an

€ 10,573

€ 422.69

2.268%

of

the

allowance under

difference obtaining

between

€24,530

article 76 or single

and

actual

parent who is not

entitled

to

an

reckonable income

allowance under

article 76

Equivalent to 1.70%

of the difference

Single person

€ 8,404

€ 237.61

obtaining between

€19,870 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 €

24,226 or less. (So however any annual reckonable income below € 4,961 shall be

considered to be equivalent to € 4,961)

Percentage rate payable, by way of an

allowance, on difference obtaining between

reckonable annual income and € 24,226

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 € 24,226.

Fixed Children’s Allowance

Children in household under 16 years of age

€ 6.73 per week up to a maximum amount of

€ 350 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

€ 70.00

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

16 years but under 21 years.”.

€3.60

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

A halogen derivative of a hydrocarbon of the

The use or handling of, or exposure to the fumes of, or

aliphatic series

vapour containing, a halogen derivative of a hydrocarbon

of the aliphatic series.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Tri-cresyl phosphate

The use or handling of, or exposure to the fumes of, or

vapour containing, tri-cresyl phosphate.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Triphenyl phosphate

The use or handling of, or exposure to the fumes of, or

vapour containing, triphenyl phosphate.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Diethylene dioxide (dioxan)

The use or handling of, or exposure to the fumes of, or

vapour containing, diethylene dioxide (dioxan).

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Chlorinated naphthalene

The use or handling of, or exposure to the fumes of, or

dust or vapour containing, chlorinated naphthalene.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Nickel carbonyl

Exposure to nickel carbonyl gas.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Nitrous fumes

The use or handling of nitric acid or exposure to nitrous

fumes.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Beryllium or a compound of beryllium

The use or handling of, or exposure to the fumes, dust or

vapour of, beryllium or a compound of beryllium, or a

substance containing beryllium.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Cadmium

Exposure to cadmium fumes.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Gonioma kamassi (African box-ood)

The manipulation of gonioma kamassi or any process in

or incidental to the manufacture of articles therefrom.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Anthrax

The handling of wool, hair, bristles, hides or skins or

other animal produces or residues, or contact with animals

infected with anthrax, or the loading, unloading or

transport of merchandise.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Glanders

Contact with equine animals or their carcasses.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

(a) Infection

by

Leptospira

Work in places which are, or are liable to be, infested by

ictorohaemorrhagiae

rats.

(b) Infection by Leptospira canicola

Work at dog kennels or the care or handling of dogs.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Tuberculosis

Close and frequent contact with a source or sources of

tuberculosis infection by reason of employment -

(a)

in the medical treatment or nursing of a person

or persons suffering from tuberculosis, or in a service

ancillary to such treatment or nursing;

(b)

in attendance upon a person or persons suffering

from tuberculosis, where the need for such attendance

arises by reason of physical or mental infirmity;

(c)

as a research worker engaged in research in

connection with tuberculosis;

(d)

as a laboratory worker, pathologist or person

taking part in or assisting at post-mortem examinations of

human remains where the occupation involves working

with material which is a source of tuberculosis infection..

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Brucellosis

Contact with bovine animals, sheep and goats infected by

brucella organisms, their carcasses or parts thereof or their

untreated products, or with laboratory specimens or

vaccines of or containing brucella organisms, by reason of

employment –

(a)

as a farm worker;

(b)

as a veterinary worker;

(c)

as a slaughterhouse worker;

(d)

as a laboratory worker; or

(e)

in any other work relating to the care, treatment,

examination or handling of such animals, carcasses or

parts thereof, or products including untreated milk.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Heat cataract

Frequent or prolonged exposure to rays from molten or

red-hot material..

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Decompression sickness

Subjection to compressed or rarefied air.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Subcutaneous cellulitis of the hand (Beat

Manual labour causing severe or prolonged friction or

hand)

pressure on the hand..

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Bursitis or subcutaneous cellulitis arising at

Manual labour causing severe or prolonged external

or about the - knee due to severe or prolonged

friction or pressure at or about the knee.

external friction or pressure at or about the knee

(Beat Knee)

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Bursitis or subcutaneous cellulitis arising at

Manual labour causing severe or prolonged external

or about the elbow due to severe or prolonged

friction or pressure at or about the elbow.

external friction or pressure at or about the elbow

(Beat Elbow)

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Traumatic inflammation of the tendons of

Manual labour, or frequent or repeated movements of the

the hand or forearm, or of the associated tendon

hand or wrist.

sheaths

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Inflammation or ulceration of mucous

Exposure to dust, liquid or vapour.

membrane of the upper respiratory passages or

mouth produced by dust, liquid or vapour

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Non-infective dermatitis of external origin

Exposure to dust, liquid or vapour or any other external

(including chrome ulceration of the skin but

agent capable of irritating the skin (including friction or

excluding dermatitis due to ionising particles or

heat but excluding ionising particles or electromagnetic

electromagnetic radiations other than radiant heat)

radiations other than radiant heat).

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

(a) Dystrophy of the cornea (including

The use or handling of, or exposure to, arsenic, tar, pitch,

ulceration of the corneal surface) of the eye;

bitumen, mineral oil (including paraffin), soot or any

compound, product (including quinone or hydroquinone),

(b) localised new growth

of

the

skin,

or residue of any of these substances.

papillomatous of keratotic;

(c)

squamous-celled carcinoma of the skin;

due in any case to arsenic, tar, pitch,

bitumen, mineral oil (including paraffin), soot or

any compound, product(including quinone or

hydroquinone) or residue of any of these

substances

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Inflammation, ulceration or malignant

Exposure to electro-magnetic radiations other than radiant

disease of the skin or subcutaneous tissues or of

heat, or to ionising particles.

the bones, or blood dyscrasia, or cataract, due to

electro-magnetic radiations (other than radiant

heat), or to ionising particles

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

(a) Carcinoma of the mucous membrane of

Work in a factory where nickel is produced by

the nose or associated air sinuses;

decomposition of a gaseous nickel compound which

necessitates working in or about a building or buildings

(b) Primary carcinoma of a bronchus or of a

where that process or any other industrial process

lung

ancillary or incidental thereto is carried on.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Primary neoplasm of the epithelial lining of

(a)

Work in a building in which any of the following

the urinary bladder (Papilloma of the Bladder), or

substances is produced for commercial purposes

of the epithelial lining of the renal pelvis or of the

(i)

alpha-naphthylamine or betanaphtylamine;

epithelial lining of the ureter

(ii) diphenyl substituted by at least one nitro or

primary amino group or by at least one micro and primary

amino group;

(iii) any of the substances mentioned in sub paragraph

(ii) above if further ring substituted by halogeno, methyl

or methoxy groups, but not by other groups;

(iv) the salts of any of the substances mentioned in sub-

paragraphs (i) to (iii) above;

(v)

auramine or magenta;

(b) the use or handling of any of the substances

mentioned in subparagraphs (i) to (iv) of paragraph (a), or

work in a process in which any such substance is used or

handled or is liberated;

(c)

the maintenance or cleaning of any plant or

machinery used in any such process as is mentioned in

paragraph (b), or the cleaning of clothing used in any such

building as is mentioned in paragraph (a) if such clothing

is cleaned within the works of which the building forms a

part or in a laundry maintained and used solely in

connection with such works.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Primary malignant neoplasm of the

(a) The working or handling of asbestos or any

mesothelium (diffuse mesotheioma) of the pleura

admixture of asbestos;

or of the peritoneum

(b)

the manufacture or repair of asbestos textiles or

other articles containing or composed of asbestos;

(c) the cleaning of any machinery or plant used in any

of the foregoing operations and of any chambers, fixtures

and appliances for the collection of asbestos dust;

(d)

substantial exposure of the dust arising from any

of the foregoing operations.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Pulmonary disease due to the inhalation of

Exposure to the dust of mouldy hay or other mouldy

the dust of mouldy hay or of other mouldy

vegetable produce by reason of employment

vegetable produce, and characterised by symptoms

(a) in agriculture or horticulture; or

and signs attributable to reaction in the peripheral

part of the broncho-pulmonary system, and giving

(b) in loading or unloading or handling in storage such

rise to a defect in gas exchange (Farmer's lung)

hay or other vegetable produce; or

(c) in handling bagasse.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Byssinosis

Work in any room where any process up to and including

the carding process is performed in factories in which the

spinning or manipulation of raw or waste cotton or flax is

carried on.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Fibrosis of the lungs due to silica dust,

Exposure to fibrogenic dust.

asbestos dust or other fibrogenic dust, including

the condition of the lungs known as dust

reticulation(Pneumoconiosis);

and

silico-

tuberculosis provided that silicosis is an essential

factor in causing the resultant incapacity or death

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Telegraphist's cramp

The use of Morse key telegraphic instruments for

prolonged periods.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Writer's cramp

Handwriting for prolonged periods.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Twister's cramp

The twisting of cotton or woollen (including worsted)

yarn.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Typhoid

Close and frequent contact with a source or sources of

typhoid infection by reason of employment -

(a) as a research worker engaged in research in

connection with typhoid;

(b) as a laboratory worker where the occupation

involves working with material which is a typhoid

infection.

Malta Government Gazette — Legal Notice 2012 342 · Gazetta tal-Gvern ta’ Malta Nru. 18,974 – 12.10.2012 — Increase in the Rates of Benefits Order, 2012

Brachial Neuralgia

Prolonged operation of industrial machinery involving the

lifting, pushing and retracting of heavy, thick or bulky

clothing material.

46,

Siderosis

condition caused by inhalation of fumes or dust of

metallic iron or iron oxide.

47,

Conjuctival ailments

conditions of the eye such as keratoconjuctivitis,

photoretinitis caused by exposure to ultraviolet

radiation.

48, Diseases caused by atmospheric compression

Certain disorders are associated with spending time in

or decompression

a compressed atmosphere and are directly due to

pressure itself, in response to changes of the pressure

or to inhalation of compressed gas mixtures. Other

disorders occur during or after decompression. These

disorders affect professional divers and those working

in compressed air.

49, Angioneurotic diseases caused by mechanical

Vibration-induced

white

fingers

(Raynaud’s

vibration

phenomenon of occupational origin): The disease is

characterized by attacks of vasoconstriction of the

digital arteries. Attacks can last for minutes to hours

and are more likely to occur with exposure to the cold.

50, Diseases of the periarticular sacs due to

Occupational diseases of the periarticular sacs caused

pressure

by mechanical pressure are called bursitis.

Occupational bursitis may be caused by trauma,

chronic overuse, pressure, friction, awkward posture.

The friction type of bursitis may be related to

excessive

friction

associated

with

specific

occupations, for example, prepatellar bursitis is

typical for home cleaners (housemaids), carpet layers,

roofers, coal miners; olecranon bursitis – for

draughtsmen, engravers, polishers, watchmakers;

ischial bursitis – for weaver (weaver's bottom).

51,

Bursitis of the shoulder

There are several bursae in the shoulder region: the

subacromial, the subdeltoid, the subcoracoid, and the

subscapular, which, as their names imply, lay beneath

the acromion, deltoid, coracoid and scapula,

respectively. Although any of the above mentioned

bursae can become irritated, inflamed and painful as a

result of overuse of or trauma to the shoulder region,

the subacromial bursa is by far the most frequently

afflicted and often occupational in origin.

52, Diseases due to overstraining of the

Condition caused by inflammation of the

peritendineum

peritendineum (the fibrous layer around the tendon).

This condition is common in the wrist but may

involve other tendons. It is caused by prolonged

periods of highly repetitive wrist/hand movements

such as meat cutting, fish filleting, machine feeding,

manual assembly, use of hand-held tools. The use of

force and awkward position of the hand are

aggravating factors.

53, Miner’s nystagmus

Historical occupational disease associated with poor

lighting in underground work, which involves

problems in focusing. Pendular or rotating nystagmus

may be accompanied by dizziness and headaches.

This condition occurs after years of working in a

poorly lit environment.

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