State Financed Residential Services Rates Regulations, 2018

L.N. 151 of 2018

SOCIAL SECURITY ACT

(CAP. 318)

State Financed Residential Services Rates Regulations, 2018

IN exercise of the powers conferred by articles 84, 93 and 131 of

the Social Security Act, hereinafter referred to as "the Act", the

Minister for the Family, Children’s Rights and Social Solidarity, with

the concurrence of the Prim Minister, has made the following

regulations:-

(1) The title of these regulations is the State Financed Citation and

commencement.

Residential Services Rates Regulations, 2018.

(2) These regulations shall be deemed to have come into force

on the 9th April, 2018.

(1)

Any resident of -

Level of care.

(a)

a state financed residential service for the care and

welfare of older persons; or

(b) any other state financed institution where

notwithstanding the fact that the person has been medically

discharged, the person remains a resident,

shall contribute to Government for his care and upkeep, an amount in

accordance with the provisions of these regulations, as specified

hereunder.

(2) The amount payable by such resident as part of one’s

contribution shall depend on the level of care such resident is

receiving, and for the purposes of these regulations the level of care

shall be considered as:-

(a) level 1 care, where residential service with only

minimal basic care is provided; or

(b) level 2 care, where the residential service provided

includes such level of care that goes beyond minimal basic care

as certified by the Interdisciplinary Assessment Team within the

Elderly and Community Services Department.

(1)

Any resident who prior to 3rd January 2004 was Rates of

payment.

already in a state-financed residential service and was receiving level 1

care, in accordance with regulation 2(2)(a), shall contribute 60% of

any pension, social assistance and bonus receivable, net of income tax,

and 60%, of any other income received during the calendar year

immediately preceding the year in which the assessment of such other

income is made for the purposes of these regulations, net of income

tax

Provided that the total contribution shall not exceed €24.46

per diem, or be such to leave such resident with less than €1,397.62

per annum at the resident’s disposal.

(2) Any resident who prior to 3rd January 2004 was already in

a residential service, and was receiving level 2 care, in accordance

with regulation 2(2)(b), shall contribute 80% of any pension, social

assistance and bonus receivable, net of income tax, and 60%, of any

other income received during the calendar year immediately preceding

the year in which the assessment of such other income is made for the

purposes of these regulations, net of income tax

Provided that the total contribution shall not exceed €31.45

per diem, or be such as to leave such resident with less than €1,397.62

per annum at the resident’s disposal.

(3) Any resident who becomes a resident of such residential

service on or after 3rd January 2004, and who is receiving level 1 care,

in accordance with regulation 2(2)(a), shall contribute 60% of any

pension, social assistance and bonus receivable, net of income tax, and

60% of any other income received during the calendar year

immediately preceding the year in which the assessment of such other

income is made for the purposes of these regulations, net of income

tax

Provided that such contribution made by the resident shall

not be such as to leave the resident with less than €1,397.62 per annum

at the resident’s disposal.

(4) Any resident who becomes a resident of such residential

service on or after 3rd January 2004, and who is receiving level 2 care,

as specified above, shall contribute 80% of any pension, social

assistance and bonus receivable, net of income tax, and 60% of other

any income received during the calendar year immediately preceding

the year in which the assessment of such other income is made for the

purposes of these regulations net of income tax

Provided that such contribution made by the resident shall

not be such as to leave the resident with less than €1,397.62 per annum

at the resident’s disposal.

(5) Any person who becomes a resident of such residential

service who is

(a) receiving level 1 care, in accordance with regulation

2(2)(a), shall contribute 40% of any pension, social assistance

and bonus receivable, net of income tax, and 40% of any other

income received during the calendar year immediately preceding

the year in which the assessment of such other income is made

for the purposes of these regulations, net of income tax, provided

such person returns to the Housing Authority, the rented

residential property from the Housing Authority upon becoming

a resident of such residential service; and

(b) receiving level 2 care, in accordance with regulation

2(2)(a), shall contribute 60% of any pension, social assistance

and bonus receivable, net of income tax, and 40% of any other

income received during the calendar year immediately preceding

the year in which the assessment of such other income is made

for the purposes of these regulations, net of income tax, provided

such person returns to the Housing Authority, the rented

residential property from the Housing Authority upon becoming

a resident of such residential service.

(6) For the purposes of these regulations where such resident is

a married person and the community of acquests exists between the

spouses, the term all other income shall in all cases include half the

income deriving to the community of acquests.

(7) Where in accordance with article 96 of the Act payments of

benefits under that Act are split between spouses, the reference to

pension, social assistance, allowance and bonus in the foregoing

paragraphs of these regulations shall be deemed not to include such

part of such pension, social assistance, allowance or bonus payable to

the spouse of the resident according to the said article 96.

In the calculation for the purposes of establishing the Calculation of

contribution due by a resident in terms of regulation 3 account shall be means

purposes of

taken of:-

establishing the

contribution due

by a resident.

(a) the value of any property (excluding the house of

residence) which is, or could be, invested or put to profitable use,

excluding furniture, jewellery and other personal effects

Provided that the value of any urban immovable

property taken for these purposes shall be treated as providing an

annual income equivalent to 5½% of its capital value;

(b) any income derived from cash at a bank, liquid assets,

time deposits, bonds, stocks, shares and other securities;

(c) any pension, benefit, social assistance, bonus or

allowance whether such pension, benefit, assistance, bonus or

allowance are paid under this Act or not;

(d) any other income or privilege which is or could be

received or enjoyed by such resident, and for this purpose shall

include any income or privilege which the resident had directly

or indirectly deprived himself in order to have his contribution

due in terms of these regulations assessed at a lower rate.

In terms of the provisions of article 93 of the Act, and for

the purposes of regulation 2 the following institutions are being

specified for the aforementioned purposes:-

Saint Vincent de Paule Residence

The Geriatric Wards, and St. Anne Residence of the Gozo

General Hospital

Mount Carmel Hospital

Sir Paul Boffa Hospital

Saint Luke’s Hospital

Gozo General Hospital

The Hostels for the Elderly at

Cospicua

Floriana

Gżira

Mosta

Msida

Mtarfa

Żejtun, and

any state financed beds in non state-owned homes for older persons or

institutions as may be contracted by Government.

The State Financed Residential Services Rates Regulations,

are hereby revoked.

€0.36