PERSONAL INJURIES OF CIVILIANS SCHEME

SUBSIDIARY LEGISLATION 111.01

PERSONAL INJURIES OF CIVILIANS SCHEME

8th June, 1941

GOVERNMENT NOTICE 372 of 1941, as amended by Government

Notices 393 of 1941, 465 of 1942 and 391 of 1944; Ordinance XXXII of

1946; Government Notices 424 of 1946 and 284 of 1948; Acts III of 1955,

XXXVIII of 1965, X of 1971, XXXVI of 1973, XXIX of 1974 and XLV of

1975; Legal Notices 49 of 1976, 32 and 145 of 1977, 115 of 1981, 3 of

1987, 19 of 1991, 194 of 1999 and 409 of 2007.

PART I

GENERAL

The title of this Scheme is Personal Injuries of Civilians

Scheme.

1. Dipartiment tal-Prekawzjonijiet kontra l-Attakki mill-Ajru.

2. Pulizija (inklu\a r-Ri\erva tal-Pulizija u l-Kuntistabbli

Spe`jali).

3. Is-Servizz Mediku (f’Emer[enza) tad-Dipartiment tas-

Sa]]a.

4. Servizz biex i]ottu u jbattlu.

5. Is-Servizz (f’Emer[enza) tat-Tiswijiet tad-Dipartiment tat-

Telefon.

6. Is-Servizz (f’Emer[enza) tat-Tiswijiet tad-Dipartiment ta’

l-Ilma u Elettriku.

7. Uffi`jali

Re[jonali

tal-Protezzjoni,

Uffi`jali

tal-

Protezzjoni, Kummissarji Distrettwali u l-persunal

awtorizzat tag]hom.

(1) In this Scheme the following expressions have the

meanings hereby assigned to them respectively, that is to say -

the "Ordinance" means the Personal Injuries (Emergency

Provisions) Ordinance;

"apprentice" means a person who has attained the age of fourteen

years but has not attained the age of twenty-four years and who, not

being a gainfully occupied person, is undergoing full time training

for any trade, business, profession, office, employment or vocation;

"civil defence organization" means an organisation which is

declared by article 3 of this Scheme to be a civil defence

organisation for the purpose of the Ordinance and of this Scheme;

"civil defence worker" in relation to an injury, means a person

certified by a responsible officer of a civil defence organisation to

have been a member of that organisation at the time when the

injury was sustained;

" t h e C o m m i t t e e " m ea ns t he C om m i t te e a p p oi n t e d b y t h e

President of Malta for the purposes of administering this Scheme;

"disablement" means loss of physical or mental capacity;

"degree of disablement" in Part III means degree of disablement

as assessed and certified under Article 5 of this Scheme;

"dependent minor", in relation to a person who has sustained an

injury means any minor, born at any time not later than three

hundred days after the date (in this paragraph referred to as "the

material date") on which that injury was sustained, who has not

attained the age of fourteen years and who, if born before the

material date, was at that date either residing with or being wholly

or mainly maintained by the injured person, and who is -

(a) a legitimate minor of the injured person; or

(b) a minor of the injured person who was legitimated

before the material date;

(c) where the injured person is a male person, a step-child

whose mother was married to the injured person before

the material date; or

(d) a minor adopted in terms of law before the material

date.

Provided that a minor who -

(aa) had on the material date attained the age of

fourteen years and was on that date a minor

receiving full time instruction at a school; or

(bb) is, on the date when he attains the age of

fourteen years, a minor receiving such

instruction,

may be treated, for the purpose of this paragraph, as a minor who

has not attained the age of fourteen years until the date on which he

ceases to be a minor receiving such instruction or the thirty-first

day of July next following the day on which he attains the age of

sixteen years, whichever is the earlier date;

"gainfully occupied person" means a person who is engaged in

any trade, business, profession, office, employment or vocation and

is wholly or substantially dependent thereon for a livelihood, or a

person who, though temporarily unemployed, is normally so

engaged and dependent;

"injury which may be compensated on the higher scale" means an

injury which is -

(a) a war service injury sustained by a civil defence

worker; or

(b) a war injury sustained by a gainfully occupied person;

"period of the present emergency" means the period beginning on

the third day of September, 1939, and ending with such date as the

President of Malta may proclaim to be the end of such emergency;

"prescribe" means prescribe by the President of Malta by

regulations made under the Ordinance for the purposes of this

Scheme;

"public funds" means monies provided by the Government of

Malta, or by Her Majesty’s Government in the United Kingdom;

"qualifying injury", in relation to a person means an injury

sustained by that person in respect of which an award under this

Scheme may be made;

"qualifying injury", in relation to an award of an allowance to or

in respect of the wife, or of a pension to the widow, of a person,

means a qualifying injury sustained by that person after he was

married to that wife or widow, and, in relation to an award of an

allowance in respect of, or of a pension to, a dependent minor of a

person, means a qualifying injury sustained by that person in

relation to which that minor falls to be treated for the purposes of

this Scheme as a dependent minor of that person;

"student" means a person who has attained the age of fourteen

years but has not attained the age of twenty-four years and who is

receiving full time instruction at a university, college, school or

other educational establishment;

"war injury" means a physical injury caused by-

(a) the discharge of any missile including liquids and gas;

or

(b) the use of any weapon, explosive or other noxious

thing; or

(c) the doing of any other injurious act;

either by the enemy or in combating the enemy or in

repelling an imagined attack by the enemy; or

(d) caused by the impact on any person or property of any

enemy aircraft, or any aircraft belonging to Her

Majesty or any allied power, or any part of, or

anything dropped from, any such aircraft;

"war service injury", in relation to a civil defence worker, means

any physical injury which the Committee certifies that it is satisfied

that it has arisen out of and in the course of the performance of his

duties as a member of the civil defence organisation to which he

belonged at the time when the injury was sustained and to have

been either a war injury or an injury arising directly or indirectly

from conditions caused by an enemy air raid or other attack and

sustained in the performance of work in which the risk of injury

was materially increased by the necessity to perform it either

during or immediately after an enemy air raid or other attack.

(2) For the purposes of this Scheme a person shall be treated as

being incapable of self-support only if he is suffering from physical

or mental infirmity of a permanent or prolonged nature whereby he

is rendered incapable of self-support.

(3) For the purposes of this Scheme, disablement caused by a

qualifying injury or by any two or more qualifying injuries shall be

treated as being serious and prolonged only if it is assessed and

certified under article 5 of this Scheme to be of a degree of not less

than twenty per cent, or if it could have been so assessed and

certified but for any such direction as is mentioned in sub-article

(3) of that article.

(4) A person who is at any date prevented for any reason from

wholly or mainly maintaining a minor or from contributing to a

reasonable extent to the support of his wife may, if the Committee

think fit having regard to the circumstances of the case, be treated

for the purposes of this Scheme as if he were at that date wholly or

mainly maintaining that minor or contributing to a reasonable

extent to the support of his wife, as the case may be.

Any organisation established in these Islands for civil

defence purposes which is described or named in the Schedule to

this Scheme shall be a civil defence organisation for the purposes

of the Ordinance and this Scheme.

Subject to the provisions of this Scheme, an award under

this Scheme may be made in respect of an injury sustained during

the period of the present emergency which -

(a) is a war service injury sustained by a civil defence

worker; or

(b) is a war injury sustained by a gainfully occupied

person; or

(c) not being an injury as aforesaid, is a war injury

sustained by a person who either had attained the age

of fourteen years at the date of the injury or has

attained that age since that date.

(1) The degree of disablement caused to a person by one or

m o r e q u a l i f yi n g in j u r ie s s h a l l be a s s e s s e d a n d c e r t i f ie d i n

accordance with the following provisions of this article by a

m e d i c a l o ff i c e r o r b o a r d o f m e d i c a l o ff i c e r s a p p o i n t e d o r

recognised by the Committee with the approval of the President of

Malta.

(2) The degree of disablement caused to a person by a

qualifying injury or by any two or more qualifying injuries shall be

assessed by making a comparison between the condition of

disablement which has been caused to that person by that injury or

by the combined effect of those injuries and the condition of a

normal healthy person of the same age and sex without taking into

account the earning capacity of the disabled person in his own or in

any other specific trade or occupation, and so that the extent to

which that condition of disablement has been aggravated by

individual factors or extraneous circumstances shall not be

included in the degree at which that disablement is assessed.

(3) Where a person whose degree of disablement falls to be

assessed has been awarded a pension or other grant payable out of

public funds (not being a pension awarded under this Scheme) in

respect of another disablement suffered by him, that degree of

disablement shall he assessed in accordance with any direction

which may be given by the Committee for the purpose of securing

that in the assessment thereof account shall be taken of that other

disablement in such manner and to such extent as may be specified

in the direction.

(4) The degree of disablement assessed under this article shall

be certified by way of a percentage, total disablement being

represented by one hundred per cent, and a lesser degree of

disablement being represented by such lesser percentage as, being a

multiple of ten, bears to one hundred per cent the same proportion

as that lesser degree of disablement bears to total disablement.

PART II

INJURY ALLOWANCES

(1) The provisions of this Part of this Scheme shall have

effect for the purpose of enabling the Committee to make, in

accordance with such arrangements as may from time to time

appear to them best suited for the purpose, temporary and

provisio nal paym ents to or i n respect of persons w ho have

sustained qualifying injuries.

(2)

No decision of the Committee upon an application made

under this Part of this Scheme in respect of an injury shall be

deemed to prejudice or affect any decision which they may have to

make in respect of that injury under Part III of this Scheme.

Where a qualifying injury has incapacitated a person for

work for a period of not less than seven consecutive days, that

person shall be entitled to be awarded in respect of that injury an

injury allowance in accordance with the following provisions of

this Part of this Scheme

Provided that an injury allowance shall not be awarded in

respect of an injury sustained by any person -

(a) if, at the date of that injury, that person was a member

of any of the armed forces of the Crown, or a person

employed in the nursing service or other auxiliary

service of any of those forces, and was required to give

whole time service as such a member or as an

employed person; or

(b) if, at the date of that injury, that person was a member

of any of the armed forces of the Crown, or a, person

employed in the nursing service or other auxiliary

service of any of those forces, and was not required to

give whole time service as such a member or as an

employed person, and that injury was directly

attributable to his service as such a member or as an

employed person; or

(c) if, at the date of that injury, that person was a civilian

employed by any one of the armed forces of the

Crown, and that injury was directly attributable to his

service as an employed person; or

(d) if an award can be made to that person in respect of

that injury by virtue of a scheme under the Pensions

(Navy, Army, Air Force and Mercantile Marine) Act,

1939, or under any Navy, Army, Air Force and

Mercantile Marine scheme as adopted or made for

these Islands.

Nothing in this proviso shall disentitle from award of

injury allowance any civilian employee of the armed forces of the

Crown, in respect of any war injury suffered while he is off duty,

provided that no such civilian employee shall at one and the same

time be eligible for benefits under this Scheme and for any service

benefit in respect of that injury.

(1) An injury allowance shall be payable only for so long

as the person to whom it has been awarded is incapacitated for

work by the injury in respect of which it has been awarded and,

unless the Committee in the circumstances of any particular case

otherwise determine, shall be payable only in respect of a period

which falls within a period of twenty-six weeks computed from the

commencement of the first period of incapacity in respect of which

a payment of injury allowance in respect of that injury was made.

(2) An injury allowance awarded to a person shall not be

payable in respect of any period in respect of which a pension

awarded to that person under article 11 of this Scheme has been or

will be paid.

(3) An injury allowance shall be payable weekly or at such

other intervals of time as the Committee may direct.

(1) Subject to the provisions of this Part of this Scheme an

injury allowance awarded to a person shall be payable at whichever

of the weekly rates specified in the Table set out at the end of this

article in relation to the class of injury sustained by that person is

from time to time appropriate in the case of that person.

(2) Where a person to whom an injury allowance has been

awarded in respect of an injury which is not an injury which may be

compensated on the higher scale, is a widow who is detained in

hospital and who was, at the date of the commencement of such

detention, maintaining in her home a dependent minor of hers that

injury allowance may be paid at the rate which would be

appropriate if that widow were not in hospital.

(3) Where a male person to whom an injury allowance has

been awarded is married and that person -

(a) has married since the date on which he sustained the

injury in respect of which that injury allowance was

awarded; or

(b) was not at that date, or is not, residing with his wife or

contributing to a reasonable extent to her support,

that person shall, for the purposes of the foregoing provisions of

this article and of the Table set out at the end thereof, be treated as

if he were not married.

(4) Where a person to whom an injury allowance has been

awarded has not attained the age of eighteen years, that injury

allowance shall, unless he was married at the date on which he

sustained the injury in respect of which it was awarded, be payable

until he has attained that age at half the rate which would be

appropriate in his case.

(5) In this article and in the Table set out at the end thereof "in

hospital" means in hospital, as an in-patient for the purpose of

receiving treatment for a qualifying injury.

TABLE

Weekly rates of injury allowances

Male person who is Male person who is

Female person

married

not married

Class of

injury

Not in

In

Not in

In

Not in

In

hospital hospital hospital hospital

hospital

hospital

Injuries

which may

be compen-

sated on the

higher scale

€4.66

€4.66

€3.73

€2.43

€2.56

€1.53

Other

injuries

€2.80

€1.40

€2.23

€1.12

€1.61

€0.92

(1) Where a person to whom an injury allowance has been

awarded in respect of an injury which may be compensated at the

higher scale has a dependent min or, t he rate o f th at in ju ry

allowance may be increased in respect of that minor in accordance

with the following provisions of this article.

(2) The weekly amount by which the rate of an injury

allowance may be increased in respect of a dependent minor shall

be fifty-eight cents (0.58) in respect of the first minor, thirty-five

cents (0.35) in respect of the second minor and twenty-three cents

(0.23) in respect of each additional minor.

(3) Where payment of an injury allowance has once been made

at a rate increased in respect of a dependent minor, payment of that

injury allowance shall continue to be made at that increased rate

only so long as the minor is residing with the person to whom that

injury allowance has been awarded or that person is contributing to

a reasonable extent to the support of the minor.

(4) An injury allowance awarded to a female person shall be

payable at a rate increased in respect of a dependant minor of hers

only so long as -

(a) she is not in receipt of any periodical payment in

respect of that minor from some individual liable to

contribute to the support of the minor, and

(b) where she is a married woman residing with her

husband, her husband is incapable of self-support or is

not less than sixty years of age.

PART III

Pensions and Allowances in respect of Injuries causing serious and

prolonged disablement or death

(1) Where a qualifying injury sustained by a person is

causing him serious and prolonged disablement, that person may be

awarded under this article in respect of that injury a pension in

accordance with the following provisions of this article.

(2) A pension under this article in respect of an injury shall be

at weekly rate not exceeding -

(a) where the degree of disablement caused by that injury

is one hundred per cent, the maximum rate; or

(b) where the degree of disablement caused by that injury

is less than one hundred per cent, the rate which bears

to the maximum rate the same proportion as the degree

of disablement caused by that injury bears to one

hundred per cent, or the rate of nineteen cents (0.19),

whichever is the greater

Provided that where a beneficiary is in receipt of a greater

pension which exceeds the amount provided for in paragraph (b) of

this article, he shall continue to receive such greater rate of

pension.

(3) Where a person to whom a pension has been or may be

awarded under this article in respect of an injury is a person to

whom a pension, or in respect of whom an allowance, is payable

out of public funds in respect of the death of any person (not being

a pension or allowance payable only in a case of need), the weekly

rate of the pension under this article shall not exceed

(a) where the degree of disablement caused by that injury

is one hundred per cent, the rate which is arrived at by

deducting from the maximum rate a sum equal to two-

thirds of the weekly rate of the pension or allowance

payable out of public funds; or

(b) where the degree of disablement caused by that injury

is less than one hundred per cent, the rate which bears

to the rate calculated in accordance with paragraph (a)

of this sub-article the same proportion as the degree of

disablement caused by that injury bears to one hundred

per cent

Provided that where the weekly rate of pension calculated

in accordance with the foregoing provisions of this sub-article is

less than nineteen cents (0.19), the weekly rate of that pension shall

be nineteen cents (0.19).

(4) In this article the expression "maximum rate", in relation to

a pension which may be awarded to a person under this article

means whichever, of the weekly rates specified in the table set out

at the end of this article in relation to the class of injury sustained

by that person is from time to time appropriate in the case of that

person

Provided that, for the purposes of that table -

(a) where a qualifying injury which is not an injury which

may be compensated on the higher scale has been

sustained by a person before he has attained the age of

fourteen years or at a time when he was a student or an

apprentice, that injury shall be treated as if it were an

injury which may be compensated on the higher scale

unless that person was, immediately before he

sustained the injury, suffering from physical or mental

infirmity to such an extent as to preclude the

likelihood of his ever being able to earn his own

living; and

(b) a person who was married at the date on which he

sustained the qualifying injury in respect of which a

pension under this article is awarded, shall,

notwithstanding that he has not attained the age of

eighteen years, be treated as if he had attained that age.

(5) A pension shall not be awarded in respect of an injury

which may not be compensated on the higher scale, except in case

of need.

TABLE

The maximum weekly rate of pension for one hundred per cent

disablement shall be at the rate applicable in terms of the Highest

Rate of Injury Pension in Part III of the Third Schedule to the

Social Security Act

Provided that any rate of pension payable under this article

shall, as from the 14th day of April, 1975, be increased by the

amount of two euros and ten cents (2.10) per week.

(1) Where an injury in respect of which a pension may be

awarded under article 11 of this Scheme is a qualifying injury

which may be compensated on the higher scale and the person who

sustained the injury has a wife, there may be awarded under this

article in respect of that injury an allowance in respect of that

injury in accordance with the following provisions of this article.

(2) Where the person who sustained the injury is residing with

his wife, an allowance may be awarded to him at a weekly rate not

exceeding the sum which bears to the sum of thirty-three euros and

seventy-eight cents (33.78) the same proportion as the degree of

disablement caused by that injury bears to one hundred per cent.

(3) Where the person who sustained the injury is not residing

with his wife, an allowance may be awarded to him or to his wife as

the Committee may determine at such rate (not exceeding the rate

calculated in accordance with sub-article (2)) as the Committee

may think fit

Provided that, unless the Committee in the special

circumstances of any particular case otherwise directs, an

allowance shall not be awarded unless the person who sustained the

injury is contributing to a reasonable extent to the support of his

wife.

(1) Where an injury in respect of which a pension may be

awarded under article 11 of this Scheme is a qualifying injury

which may be compensated on the higher scale and the person who

sustained that injury has a dependent minor, that person may be

awarded in respect of that injury an allowance in respect of that

minor in accordance with the following provisions of this article.

(2) An allowance under this article in respect of a dependent

minor shall be at a weekly rate not exceeding the sum which bears

to the weekly rate specified in the table set out at the end of this

article the same proportion as the degree of disablement caused by

the relevant qualifying injury bears to one hundred per cent.

(3) An allowance under this article in respect of a dependent

minor of a married woman residing with her husband shall not be

awarded to her unless her husband is in need and either incapable

of self-support or not less than sixty years of age.

(4) An allowance under this article in respect of a dependent

minor of a widow or of a married woman who is not residing with

her husband, shall be reduced by an amount equal to the weekly

value of any periodical payments which are received by her from an

individual liable to contribute to the support of that minor or which

it is reasonably practicable for her to obtain from any such

individual.

(5) Where the weekly value of the contribution which is being

made to the maintenance of a minor by a person to whom an

allowance in respect of that minor has been or may be awarded

under this article is less than the amount of that allowance, the

amount of that allowance may be reduced to an amount equal to

that weekly value.

TABLE

Maximum weekly rates in respect of dependent minors

Each

First

Second

Third

Description of minor

additional

minor

minor

minor

minor

Dependent minor of

(a) a male person in respect

of whose wife no

allowance is being paid;

or

(b) a female person

€1.25

€0.58

€0.41

€0.35

De pende nt minor of a mal e

p e r s o n i n r e s p e c t o f wh o s e

wife an allowance is being paid

€0.85

€0.52

€0.35

€0.35

(1) Where a person has died as the direct result of a

qualifying injury which may be compensated on the higher scale

and there is a widow of that person, that widow may be awarded in

respect of that injury a pension in accordance with the following

provisions of this article.

(2) The pension which may be awarded to the widow shall be at

a weekly rate not exceeding -

(a) in a case where she has attained the age of forty years,

or an allowance may be awarded to her in respect of a

dependent minor of her husband under article 15 of

this Scheme, or she is incapable of self-support thirty-

three euros and seventy-eight cents (33.78);

(b) in any other case, thirty-three euros and seventy-eight

cents (33.78).

(3) Where at the date of the death of the deceased person his

widow was separated from him, a pension may only be awarded to

her under this article -

(a) if she was entitled to periodical payments from him

under a maintenance or separation order or a judgment

awarding maintenance, and was, during the period of

six months expiring on the date of his death or during

such other period as the Committee may in any special

case determine, either receiving payments to which

she was so entitled or taking reasonable steps to obtain

them; or

(b) in any other case, if the deceased person was during

any such period contributing to a reasonable extent to

her support;

and the weekly rate of the pension shall be such as the Committee

may determine, being a weekly rate which does not exceed -

(i)

in the case mentioned in paragraph (a) of this

sub-article, the rate (calculated on a weekly

basis) of the periodical payments; or

(ii) in the case mentioned in paragraph (b) of this

paragraph, the average weekly amount that the

deceased person had been contributing to the

support of the widow during any such period as

is mentioned in that paragraph;

and does not in any case exceed thirty-three euros and seventy-

eight cents (33.78).

(4) For the purposes of this article, a widow who at the date of

the death of her husband was separated from him may be treated as

if she were not then separated from him if the separation was, in the

opinion of the Committee, caused by his mental instability, being

mental instability due to a qualifying injury sustained by him.

(1) Where a person has died as the direct result of a

qualifying injury which may be compensated on the higher scale

and there is a dependent minor of that person residing with or in the

custody of his widow, being a widow who was on his death eligible

for a widow’s pension under article 14 of this Scheme, that widow

may be awarded under this article in respect of that injury an

a l l o w a n c e i n r e sp e c t o f t h a t m i n o r i n a c c o r d a n c e w i t h t h e

provisions of this article.

(2) Subject to the provisions of article 16(4), an allowance

under this article shall be at a weekly rate not exceeding eighty-five

cents (0.85) in respect of the first minor, seventy cents (0.70) in

respect of the second minor and fifty-two cents (0.52) in respect of

each additional minor.

(3) Where the weekly value of the contribution which is being

made to the maintenance of a minor by a widow to whom an

allowance in respect of that minor has been or may be awarded

under this article is less than the amount of that allowance, the

amount of that allowance may be reduced to an amount equal to

that weekly value.

(1) Where a person has died as the direct result of a

relevant qualifying injury which may be compensated on the higher

scale, and there is a dependent minor dependent of that person, that

minor may be awarded under this article in respect of that injury a

pension in accordance with the following provisions of this article

Provided that -

(a) where the deceased person was a male person, a

pension may only be awarded to his dependent minor

if that minor is neither residing with nor in the custody

of the widow, being a widow who was on his death

eligible for a widow’s pension under article 14 of this

Scheme;

(b) where the deceased person was a female person, a

pension may only be awarded to her dependent minor

if it is not possible, or not reasonably practicable, for

means of support for that minor to be obtained from

any individual liable to contribute to the support of

that minor.

(2) A pension under this article awarded to a dependent minor

of a male person shall be at a weekly rate not exceeding eighty-five

cents (0.85) in the case of the first minor, seventy cents (0.70) in

the case of the second minor and fifty-two cents (0.52) in respect of

each additional minor.

(3) Where a widow’s pension under article 14 of this Scheme

is not being paid or applied to or for the benefit of the widow of a

deceased person, a pension awarded under this article to a

dependent minor of that person may, if the Committee think fit

having regard to the fact that the minor is motherless or has been

removed from the custody of his mother or to any other

circumstances of the case, be at a weekly rate not exceeding three

euros and thirty-five cents (3.35) or, where there is more than one

dependent minor of the deceased person residing in the same

household three euros and thirty-five cents (3.35) in the case of the

first minor in that household, and eighty-five cents (0.85) in the

case of each additional minor in that household.

(4) Where there is more than one dependent minor of a

deceased male person and there is a widow of that person who was

on his death eligible for a widow’s pension under article 14 of this

Scheme, the aggregate of the rates of any pensions under this

article, or of the rates of any such pensions together with the rates

of any allowances under article 15 of this Scheme, which may be

paid to or in respect of the dependent minors of that deceased

person shall not exceed -

(a) in a case where a widow’s pension is being paid the

aggregate of the rates of the allowances which could

be awarded under article 15 of this Scheme in respect

of all the dependent minors of that person if they were

all minors in respect of whom allowances under that

article might be awarded; and

(b) in a case where a widow’s pension is not being paid by

reason of any provision of this Scheme the aggregate

of the rate at which that pension could be paid to her

but for the provision by reason of which it is not being

paid and the rates of the allowances which could be

awarded under article 15 of this scheme in respect of

all the dependent minors of that person if they were all

minors in respect of whom allowances under that

article might be awarded.

(5) A pension under this article awarded to a dependent minor

of a female person shall be at a weekly rate not exceeding three

euros and thirty-five cents (3.35), or where there is more than one

dependent minor of that person residing in that same household

three euros and thirty-five cents (3.35) in the case of the first minor

in that household and eighty-five cents (0.85) in the case of each

additional minor in that household.

(1) Where a person has died as the direct result of a

qualifying injury which may be compensated on the higher scale,

and there is a parent of that person -

(a) who at the time of the qualifying injury is in need, or

at any time thereafter becomes in need, in either case

the need ensuing from the fact that he is not less than

sixty years of age or, in the case of a female parent,

that she is not less than fifty-five years of age, or from

some infirmity or other adverse condition which is not

of a temporary character; or

(b) to whose support that person had been regularly

contributing during the year immediately preceding

the date of his death, or during such other period as the

Committee may in any special case determine,

that parent may be awarded under this article in respect of that

injury a pension in accordance with the following provisions of this

article.

(2)

(a) In determining whether and to what extent a parent is

in need, the Committee shall take into account the

amount of the contribution to the support of that parent

which the deceased person had been making before his

death and which he would, in the opinion of the

Committee, have been likely to continue to make if he

had not died.

(b) Notwithstanding the provisions of the following sub-

articles of this article, a female parent may be awarded

a pension in accordance with the provisions of this

article, if she is a widow and if the Committee is

satisfied that she was substantially dependent on the

deceased person and that she is in genuine need.

(3) Where an award to a parent may be made under this article

in respect of qualifying injuries sustained by two or more deceased

persons -

(a) one pension only may be awarded under this article in

respect of those injuries; and

(b) sub-article (2) of this article shall have effect as if it

referred to the contributions of all those deceased

persons.

(4) Where the conditions for the award of a pension under this

article are fulfilled in the case of both the parents of a deceased

person or of two or more deceased persons, one pension only may

be awarded under this article and that pension may be awarded to

whichever of those parents the Committee may select

Provided that where those parents are separated a pension

may, if the Committee thinks fit, be awarded to each of them, so,

however, that the aggregate weekly rate of those pensions do not

exceed the maximum weekly rate at which a pension under this

article could have been awarded if those parents were not

separated.

(5) The pension awarded under this article shall be at such

weekly rate as the Committee may determine, being a weekly rate

which is not less than thirty-five cents (0.35) and, where there is

only one parent, is not more than thirty-three euros and seventy-

eight cents (33.78) and, where there are two parents, is not more

than thirty-three euros and seventy-eight cents (33.78)

Provided that where by reason of exceptional

circumstances the Committee thinks fit, a pension may be awarded

at a weekly rate which exceeds thirty-three euros and seventy-eight

cents (33.78) by an amount which does not exceed thirty-three

euros and seventy-eight cents (33.78).

(6) For the purpose of this article, a person shall be deemed to

be a parent of a deceased person if that deceased person was a

minor whom he had adopted according to law.

(1) Where a person has died as the direct result of a

qualifying injury which may be compensated on the higher scale

and there is an orphan brother or sister of that person who is in need

and to whose support that person had been regularly contributing

during the year immediately preceding the date of his death or

during such other period as the Committee may in any special case

determine, that brother or sister may be awarded under this article

in respect of that injury a pension at such weekly rates (not

exceeding not exceeding seventy-six cents (0.76)) as the

Committee may, after taking into consideration the financial

resources of that brother or sister, consider appropriate in the

circumstances of the case

Provided that -

(a) a pension under this article shall not be awarded in

respect of an injury if a pension or allowance under

any of the foregoing provisions of this Part of this

Scheme is being paid in respect of that injury; and

(b) where more than one pension awarded under this

article in respect of the same injury is being paid, the

aggregate of those pensions shall not at any time

exceeds one euro and thirty-four cents (1.34).

(2) Not more than one pension may be paid at the same time

under this article to the same person.

(3) In this article the expression "orphan brother or sister", in

relation to a deceased person, means a brother or sister of that

person whose parents are both dead and who has not attained the

age of fourteen years, and includes a half-brother or half-sister

Provided that a brother or sister of that person who -

(i)

had on the date of the death of the deceased

person attained the age of fourteen years and

was on that date a person receiving full time

instruction at a school; or

(ii) is, on the date when he or she attains the age of

fourteen years, a person receiving such

instruction,

may be treated, for the purposes of this sub-article, as a brother or

sister of that person who has not attained the age of fourteen years

until the date on which he or she ceases to be a person receiving

such instruction or the thirty-first day of July next following the

day on which he or she attains the age of fifteen years, whichever is

the earlier date.

(1) Where a person has died as the direct result of a

relevant qualifying injury which is not an injury which may be

compensated on the higher scale and there is -

(a) a widow of that person with whom that person was at

the date of his death residing or to whose support that

person was at that date contributing to a reasonable

extent; or

(b) where there is no such widow, a dependent minor of

that person,

that widow or dependent minor may, if in need, be awarded under

this article in respect of that injury a pension in accordance with the

following provisions.

(2) A pension under this article shall only be awarded if the

need of the widow or dependent minor arises solely from the fact

that, by reason of the death of the deceased person, a pension,

superannuation allowance, annuity or other income of which the

deceased person was in receipt at the date of his death is no longer

available (otherwise than by virtue of a disposition made by the

deceased person) for the support of the widow or dependent minor.

(3) A pension under this article shall be at such weekly rate as

may appear to the Committee to be appropriate to the

circumstances of the widow or dependent minor but shall not

exceed -

(a) in the case of the widow, the rate of the pension and of

any allowances in respect of dependent minors of the

deceased person;

(b) in the case of the dependent minor, the rate of the

pension,

which could have been awarded under this Scheme to that widow or

that dependent minor, as the case may be, if the injury sustained by

the deceased person had been an injury which may be compensated

on a higher scale.

PART IV

General Provisions relating to Injury Allowances, Pensions and

Allowances

Except where the Committee in any special case otherwise

directs, an award under this Scheme in respect of a qualifying

injury (not being an injury which may be compensated on the

higher scale) sustained by a person before attaining the age of

fourteen years shall not be made unless, within three months from

the date on which the injury was sustained, such notice of the fact

that he has sustained that injury and such other particulars have

been given as prescribed.

Except where the Committee in any special case otherwise

directs, an award under this Scheme in respect of an injury shall not

be made unless an application for that award is made in the

prescribed manner and within the following period, that is to say -

(a) where the injury is claimed to have incapacitated the

injured person for work, a period of three months from

the date on which he sustained the injury, or, if he was

not incapacitated for work by the injury until after that

date on which he was first so incapacitated;

(b) where the injury is claimed to have caused the injured

person serious and prolonged disablement a period of

three months from whichever is the latest of the

following dates, that is to say -

(i) the date on which he sustained the injury;

(ii) in a case where the injury necessitated his

immediate treatment as an in-patient in hospital,

the date of his discharge from such treatment;

(iii) in a case where the application is made in

respect of an injury (not being an injury which

may be compensated on the higher scale)

sustained by him before attaining the age of

fourteen years, the date on which he attained that

age;

(iv) in a case where he was, on the date on which he

sustained the injury, a member of any of the

armed forces of the Government of the United

Kingdom, or a person employed in the nursing

service or other auxiliary service of any of those

forces, and was required to give whole time

service as a member or as a person so employed;

(c) where the application is made in respect of an injury

sustained by a person whose death is claimed to have

been the direct result of that injury, a period of three

months from the date on which the death occurred.

When in connection with an application for an award under

this Scheme any medical question arises, that question shall not be

determined except upon the certificate of a medical officer or board

of medical officers appointed or recognised by the Committee, with

the approval of the President of Malta.

(1) When a person in respect of whom an award may be

made under this Scheme was, at the date on which he sustained the

injury in respect of which the award may be made, a member of any

of the armed forces of the Government of the United Kingdom, or a

person employed in the nursing service or other auxiliary service of

any of those forces, and was required to give whole time service as

such a member or as a person so employed, no pension or

allowance under this Scheme in respect of that injury shall be paid -

(a) when the injury is causing him serious and prolonged

disablement, in respect of any period during which he

continues to be such a member or to be so employed,

or

(b) when his death is the direct result of the injury, in

respect of any period during which any war service

allowances are paid

Provided that where the aggregate amount of any pension

and allowances in respect of dependent minors which might, but for

the foregoing provisions of this article, have been paid under this

Scheme in respect of the period mentioned in paragraph (b) of this

article are in excess of the aggregate amount of those war service

allowances, an amount equal to that excess may be paid.

(2) In this article the expression "war service allowances", in

relation to a deceased person, means any pension, allowance, grant

or other payment made out of moneys provided by the Government

of the United Kingdom or by the Government of Malta at weekly or

other periodical intervals to any person after the death of the

deceased person in continuation of any payments made during the

lifetime of the deceased person in respect of his service in any of

the armed forces of the Government of the United Kingdom or in

the nursing service or other auxiliary service of any of those forces.

Where an injury, or where incapacity for work,

disablement or death arising from an injury, is attributable to the

serious negligence or misconduct of the person sustaining the

injury, the Committee may withhold or cancel any award which

may be or has been made under this Scheme in respect of that

injury, or may reduce the amount thereof.

An award under this Scheme shall not be made in respect

of an injury sustained outside these Islands by -

(a) a person ordinarily resident outside these Islands; or

(b) a person ordinarily resident in these Islands while

absent from these Islands for personal, domestic or

pleasure purposes.

The Committee may withhold or cancel an award of an

injury allowance, pension or allowance to persons under this

Scheme if they are satisfied that the person to or in respect of

whom the injury allowance, pension or allowance might be or has

been awarded is or has become ordinarily resident outside these

Islands.

Where on an application for the award of a pension or

allowance under Part III of this Scheme the death of a person is

claimed to be the direct result of an injury, no award shall be made

on that application in respect of that injury if it was sustained more

than seven years before the death of that person.

(1) Where the Committee is satisfied that a payment has

been or will be made under an appropriate provision in respect of

an injury (whether resulting in disablement or death), no award of a

pension or allowance in respect of that injury shall be made under

Part III of this Scheme and any such award which has been made

shall be cancelled.

(2) Where periodical payments are being made under an

appropriate provision or under this Scheme to or in respect of a

person in respect of an injury by whomsoever sustained, the

Committee may take the weekly value of those payments into

account against the amount of any pension or allowance to or in

respect of that person which has been or may be awarded under Part

III of this Scheme in respect of any other injury (not being an injury

by the person who sustained the injury first mentioned in this sub-

article), and may, for the purpose of securing that only so much, if

any, of that amount as exceeds that value shall be or shall have

been paid to or in respect of that person, withhold or cancel the

award of that pension or allowance or reduce the amount thereof.

(3)

Where -

(a) periodical payments out of public funds, not being

payments under an appropriate provision or under this

Scheme, are being made to or in respect of a minor; or

(b) a minor is being maintained in any institution wholly

or mainly supported out of public funds,

the amount of any pension or allowance which may be or has been

awarded under Part III of this Scheme in respect of that minor as a

dependent minor may be reduced by an amount equal to the weekly

value of those payments or by such amounts as the Committee may

think fit having regard to the fact that the minor is being so

maintained.

(4) Nothing in this article shall prevent the Committee from

making an award in accordance with the provisions of article 11(3)

of this Scheme.

(5) References in sub-articles (2) and (3) of this article to

periodical payments or to a pension or allowance shall not include

references to periodical payments or to a pension or allowance

payable only in a case of need, and references in those sub-articles

to periodical payments made to a person shall include references to

any periodical payments which would have been made to that

person if they had not been commuted, and to any periodical

payments granted to that person and applied for benefit.

(6) In this article the expression "an appropriate provision"

means any of the following enactments, provisions or instruments,

that is to say -

(a) any Scheme made under the United Kingdom Personal

Injuries (Emergency Provision) Act, 1939;

(b) any United Kingdom enactment mentioned in

paragraphs (a), (b), (f), (g) and (i) of sub-article (6) of

article 30 of the United Kingdom Personal Injuries

(Civilians) Scheme.

(1) When a person in respect of whom an injury

allowance, pension or allowance may be or has been awarded under

this Scheme in respect of an injury he has received or recovered

damages in respect of that injury, or has been paid any sum in

settlement or composition of his claim to any such damages, the

Committee may take the weekly value of the whole or such part as

the Committee may think fit of those damages or of that sum into

account against the amount of that injury allowance, pension or

allowance, and may, for the purpose of securing that only the

excess, if any, of that amount over that value shall be or shall have

been paid to or in respect of that person, withhold or cancel the

award of that injury allowance, pension or allowance or reduce the

amount thereof.

(2)

Where a person -

(a) refuses or neglects to claim, or to take or prosecute

proceedings to recover damages in respect of an injury

in respect of which an award of an injury allowance,

pension or allowance may be or has been made in

respect of that person; or

(b) continues proceedings to recover any such damages; or

(c) accepts any sum in settlement or composition of his

claim to any such damages,

and the Committee considers that such refusal, neglect continuance

or acceptance is unreasonable, the Committee may withhold or

cancel the award of that injury allowance, pension or allowance or

reduce the amount thereof.

Where it is certified by a medical officer or board of

medical officers appointed by the Committee for this purpose that a

person who has sustained a qualifying injury should in his own

interests undergo medical treatment for the injury, and that person

refuses or neglects to undergo that treatment, the Committee may,

if it considers that such refusal or neglect is unreasonable, withhold

or cancel any award of any injury allowance, pension or allowance

which has been or may be made under this Scheme in respect of

that injury, or may reduce the amount of any such award.

Where the Committee is satisfied in the case of any person

to whom a pension or allowance has been or may be awarded under

Part III of this Scheme that the payment of a lump sum in lieu of

that pension or allowance is justified by the circumstances of the

case, the Committee shall award to that person such a lump sum as

aforesaid, to be determined according to such principles as may be

prescribed.

Any pension or allowance under Part III of this Scheme

may be awarded provisionally or upon any other basis, and for such

period as the Committee may think fit, and may be paid weekly in

advance, and any fraction of two cents (0.02) shall be reckoned two

cents (0.02).

The Committee may at any time review any award made by

them under this Scheme and, if it appears to them that by reason of

any mistake of fact, any change in the condition or circumstances

of the person to whom the award was made, or for any other reason

whatsoever, it is expedient so to do, they may increase or reduce

the rate of any pension or allowance awarded, cancel an award, or

make a fresh award, so, however, that no pension or allowance

shall be increased to a rate exceeding the appropriate rate specified

in the article under which it was awarded.

(1) Where a person to whom a pension may be or has been

awarded under this Scheme in respect of an injury is being

maintained in an institution to which this article applies for the

purpose of receiving medical treatment for that injury, the

Committee may reduce that pension by such an amount as they may

think fit, having regard to the fact that the person is being so

maintained.

(2) Where a person to whom a pension may be or has been

awarded under this scheme is being maintained in an institution to

which this article applies otherwise than for the purpose of

receiving medical treatment for a qualifying injury, or where a wife

to whom an allowance may be or has been awarded under article

12(3) of this Scheme is being maintained in such an institution

otherwise than for the purpose of receiving such treatment the

Committee may deduct from that pension or allowance, as the case

may be, such an amount in respect of the maintenance of that

person or wife in that institution as the Committee may think fit

having regard to all the circumstances of the case, and may pay the

amount so deducted to the body or person having the management

of that institution.

(3) This article applies to any institution which is supported

wholly or partly out of public funds and is a port-house, hospital,

convalescent home, mental hospital, asylum, infirmary or other

similar institution.

Where the Committee is satisfied that any sum is due to the

Government of the United Kingdom or a Government Department

from a person in respect of whom an injury allowance, pension or

allowance has been awarded under this Scheme or that any

overpayment has been made in respect of any such person by the

Government of the United Kingdom, or a Government Department,

the Committee may deduct from that injury allowance, pension or

allowance such amounts and at such times as they may think fit in

respect of that sum or overpayment and may apply the amount so

deducted towards paying or repaying that sum or overpayment.

(1) Any injury allowance, pension or allowance, or any

lump sum in lieu thereof awarded under this Scheme, may be

administered in accordance with the following provisions of this

article if the person in respect of whom it has been awarded -

(a) has not attained the age of twenty-one years; or

(b) is, in the opinion of the Committee, suffering from

mental infirmity to such an extent as to be incapable of

managing his own affairs; or

(c) is being maintained in an institution to which article

34 of this Scheme applies; or

(d) is a person in whose case an injury allowance, pension

or allowance can be forfeited or has been restored

under article 37 of this Scheme,

or in any other case the Committee considers that it is in the

interest of that person that it should be so administered.

(2) Any injury allowance, pension, or allowance or lump sum

awarded to or in respect of any person which is being administered

under this Article may, as to the whole or such part thereof as the

Committee think fit and at such times as they thing fit, be paid or

applied by the Committee to or for the benefit of that person, or to

or for the benefit of the wife or husband or any minor or dependant

of that person, or be paid by the Committee to any person whom

they consider to be a fit and proper person so to pay or apply the

whole or any part of that injury allowance, pension, allowance or

lump sum.

(3) Where part of an injury allowance, pension or allowance

which has been administered under this article has not, when that

injury allowance, pension or allowance ceases to be so

administered, been paid or applied, payment in respect of that part

may be made either in a lump sum by instalments of such amounts

and at such intervals as the Committee think fit, so, however, that

the lump sum or the aggregate of the instalments, as the case may

be, shall not exceed the sum of eighty-one euros and fifty-three

cents (81.53).

(1) Where a person in respect of whom an injury

allowance, pension or allowance may be or has been awarded under

this Scheme -

(a) is, in pursuance of a sentence or order of a court upon

his being found guilty of an offence, serving a term of

imprisonment or detained in a reformatory or approved

school; or

(b) is an enemy alien who, as such, has been interned or

detained or has been expelled from these Islands or the

United Kingdom; or

(c) is a person who, under the Aliens Restriction Act,

1914, or under the Prevention of Violence (Temporary

Provisions) Act, 1939, or under any regulations made

under the Emergency Powers (Defence) Acts, 1939

and 1940, or under the Civil Authorities (Special

Powers) Acts (Northern Ireland), 1922 and 1923, is

detained, or has been deported from, required to leave

or prohibited from entering the United Kingdom, Great

Britain or Northern Ireland, or is detained, or has been

deported from, required to leave, or prohibited from

entering these Islands under any similar enactment in

force in Malta,

the Committee may withhold the award of that injury allowance,

pension or allowance, or, if that injury allowance, pension or

allowance has been awarded and is not already forfeited, direct that

that injury allowance, pension or allowance shall be forfeited as

from such date as the Committee may think fit.

(2) Where a person to or in respect of whom a pension or

allowance may be or has been awarded under Part III of this

Scheme in respect of an injury sustained by a person who has died

is, in the opinion of the Committee, unworthy of a grant from

public funds, the Committee may withhold the award of that

pension or allowance or direct that it shall be forfeited as from such

date as the Committee may think fit.

(3) The Committee may, in its discretion and upon such terms

and as from such date as it thinks fit, restore, either in whole or in

part, any injury allowance, pension or allowance forfeited under

this article.

(1) No sum shall be paid under an award made under this

Scheme where the person to whom payment thereof might have

been made fails to obtain such payment within three months from

the date on which he might have first obtained such payment.

(2) Where a person to whom a pension or allowance awarded

under Part III of this Scheme may be paid fails to draw that pension

or allowance for a continuous period of not less than six months,

the Committee shall cancel the award of that pension or allowance,

and no payment of the arrears of that pension or allowance shall be

made.

(3) Notwithstanding anything contained in the foregoing

provisions of this article, where the failure of any person to obtain

payment of a sum within three, or as the case may be, six months

from the date on which he might first have obtained payment

thereof, or to draw a pension or allowance for a continuous period

of not less than six months, is due to circumstances for which that

person cannot in the opinion of the Committee justly be held

responsible, the Committee may cause to be paid that sum or may

order that the award of that pension or allowance is not cancelled,

or if it has already been cancelled, order the restoration of that

award and may cause to be paid the whole or such part as it may

think fit of the arrears of any such pension or allowance

Provided that the amount which may be paid in respect of

any sums payment whereof has not been obtained within the

aforesaid period of three or as the case may be six months or in

respect of any such arrears shall not exceed eighty-one euros and

fifty-three cents (81.53).

Where an award under this Scheme has been made to a

female person as being the widow or parent of a deceased person,

the award shall cease to have effect on the date on which that

widow remarries, or on which that parent remarries, or on which

that widow and any person, or that parent and any person other than

the male parent of the deceased person, begin to live together as

man and wife

Provided that where an award to the widow of a deceased

person ceases to have effect by virtue of this article and there is a

dependent minor of that deceased person in respect of whom an

allowance has been awarded to the widow, the Committee may

continue the award of that allowance for such period as it may think

fit, not exceeding the period for which that allowance could have

been paid if that award had not ceased to have effect.

Where an award has been made under any Part of this

Scheme which could only have been made if some condition

specified in that part of this Scheme were fulfilled, that award shall

cease to have effect if and when that condition ceases to be

fulfilled.

Where a person to whom any payment could have been

made under this Scheme before his death dies before that payment

is made, and the amount so unpaid does not exceed eighty-one

euros and fifty-three cents (81.53), the opening of succession or

other proof of title of the personal representative of the deceased

person and any suspension of payment under the provisions of the

Duty on Documents and Transfers Act may be dispensed with, and

the amount so unpaid may be paid or distributed to or among

persons appearing to the Committee to be the persons beneficially

entitled to the personal estate of the deceased person or to or among

any one or more of those persons and, in determining the persons to

whom or the proportions in which the amount so unpaid shall be

paid or distributed, the Com mittee may have regard to any

payments made or incurred by any such person for or on account of

the funeral expenses of the deceased person.

(1) Any person to whom a pension or allowance under

Part III of this Scheme, or a lump sum in lieu thereof, has been

awarded and any person to whom payment of that pension,

allowance or lump sum is to be made shall, if and when required by

t h e C o m m i t t e e s o t o d o , s u b sc r i b e su c h d e c l ar a t i o n a s t h e

Committee may prescribe.

(2) Where a declaration is subscribed under sub-article (1) of

this article by a person who is not the person to whom the pension,

allowance or lump sum has been awarded, there shall be furnished,

if and when required by the Committee, such certificate as the

Committee may prescribe.

(3) If such a declaration or certificate as may have been

required by the Committee under this article to be subscribed or

furnished is not subscribed or furnished, payment of the pension,

allowance or lump sum shall be withheld until the requirements of

the Committee have been complied with.

Subject to the provisions of the Ordinance, the President of

Malta may make regulations for the purpose generally of carrying

this Scheme into effect, and such regulations may in particular

make provision for prescribing -

(a) the persons by whom, and the form and manner in

which applications for awards of injury allowances,

pensions and allowances under this Scheme may be

made;

(b) the records, documents and other information, which

must be furnished to the Committee by applicants in

connection with such applications as aforesaid or in

connection with any injury allowance, pension or

allowance, which has been awarded under this

Scheme;

(c) anything which by this Scheme is to be prescribed.

(1) This scheme shall be deemed to have come into

operation on the 8th June, 1941, and that date is herein referred to

as the commencement of the scheme.

(2) Payments under this scheme may be made in respect of

injuries sustained before the commencement of the scheme

provided that, except as allowed by sub-article (3) of this article, no

payment shall be made in respect of any period prior to that date.

(3) In the case of an injury sustained before the

commencement of the scheme, if, as a result of that injury, any

person has died or has suffered serious and prolonged disablement

continuing after the commencement, the Committee may, in its

discretion, make a payment not exceeding half the amount which

would have been payable during the period from the date of that

injury to the commencement of the Scheme had the Scheme been in

operation during that period

Provided that no such payment shall be made unless it is

shown to the satisfaction of the Committee that the person to or for

whose benefit the payment may be made has suffered serious

financial hardship as a result of that injury and continues to suffer

such financial hardship after the commencement of the Scheme.

(4) In respect of injuries sustained before the commencement

of the Scheme any time limits laid down in articles 8(1), 20 and 21

of this Scheme shall be deemed to be extended until 8th November,

1941. SCHEDULE

1. Air Raid Precautions Department.

2. Police (including Police Reserve and Special Constabulary).

3. The Emergency Medical Service of the Department of Health.

4. Demolition and Clearance Service.

5. The Emergency Repair Service of the Telephone Department.

6. The Emergency Repair Service of the Water and Electricity

Department.

7. Regional Protection Officers, Protection Officers, District

Commissioners and their authorised staffs.