PERSONAL INJURIES OF CIVILIANS REGULATIONS

SUBSIDIARY LEGISLATION 111.02

PERSONAL INJURIES OF CIVILIANS

REGULATIONS

8th June, 1941

GOVERNMENT NOTICE 386 of 1941.

The title of these Regulations is Personal Injuries of

Civilians Regulations.

In these Regulations, the following expressions have,

unless the context otherwise requires, the meaning hereby assigned

to them respectively -

"allowance" means an allowance under Part III of the Scheme;

"claimant", in relation to an injury allowance, pension or

allowance, means the person who claims to be awarded that injury

allowance, pension or allowance;

"grantee", in relation to an injury allowance, pension, allowance

or lump sum, means the person to whom that injury allowance,

pension, allowance or lump sum has been awarded;

"guardian" means the parent, guardian or person having the care

of a minor who has not attained the age of fourteen years;

"injury allowance" means an injury allowance under Part II of

the Scheme;

"lodge" means deliver by hand or by post to the Secretary of the

Committee;

"the Committee" means the Committee appointed by the

President of Malta under the Scheme;

"pension" means a pension under Part III of the Scheme;

"the Scheme" means the Malta Personal Injuries of Civilians

Scheme;

and all other expressions to which a meaning is assigned by the

Scheme have, unless the context otherwise requires, that meaning

in the Regulations.

(1) Where a form has been issued or authorised by the

Committee for any purpose in connection with the Scheme or these

Regulations, hereinafter called "the form", that form only shall be

used for that purpose unless the Committee otherwise determines.

(2) The form shall be completed before it is lodged and shall

not be deemed to be completed until all the information required by

the form has been furnished and any instructions given as to the

manner of its completion have been complied with.

(1) An application for an award of an injury allowance,

pension or allowance shall be made by the claimant.

(2) An application for an award of an injury allowance may be

made by a person authorised by the claimant in writing to make that

application on his behalf.

(3) An application for an award of a pension to a claimant who

has not attained the age of fourteen years shall be made by the

guardian of the claimant.

(4) Where the Committee is satisfied that the claimant is

incapable of making an application or, in the case of an application

for an award of an injury allowance, of authorising some person in

writing to make an application on his behalf, they may permit an

application to be made on behalf of the claimant by the wife or

husband or some other person as they may consider to be a proper

person to act, and to be in fact acting, on behalf of the claimant.

An application for an award of an injury allowance,

pension or allowance shall be made by lodging the application form

therefor, and shall be deemed to be made on the date on which that

form is lodged.

(1) An application for an award of an injury allowance in

respect of an injury shall be made on the form and shall include a

certificate which shall -

(a) where the claimant is receiving treatment for that

injury as an in-patient in a hospital, be a certificate

signed by a responsible officer of that hospital

certifying that the claimant is receiving such

treatment;

(b) in any other case, be a certificate signed by a

government medical officer certifying that the

claimant is incapable of work by reason of that injury.

(2) An application for an award of a pension or allowance in

respect of an injury which is claimed to be causing a person serious

and prolonged disablement shall be on the form and shall be

accompanied by a certificate which shall -

(a) in a case where the disabled person has received

treatment in a hospital for that injury, be a certificate

by a medical officer of that hospital as to the nature

and effects of that injury;

(b) in any other case be a certificate on the form by a

government medical officer as to the nature and effects

of that injury.

(3) An application for an award of a pension or an allowance

in respect of an injury of which the death of a person is claimed to

have been the direct result shall be on the form and shall be

accompanied -

(a) where that person has died in these Islands, by a duly

certified copy or extract under the hand of the Director

of the Public Registry of the certificate of the death of

that person or by a duly certified copy of the entry in

the parish register of the death of that person or, if

such certificates are not available and if the Committee

so directs, such certificate or other evidence as the

Committee may require for the purpose of satisfying

themselves that that person has died;

(b) where that person has died elsewhere, by such

certificate or other evidence as the Committee may

require for the purpose of satisfying themselves that

that person has died.

In connection with an injury allowance which may be or

has been awarded, there shall be lodged at such times as the

Committee may direct, a certificate on the form by a government

medical officer that the person to whom that injury allowance may

be or has been awarded has, throughout the period in respect of

which payment of that injury allowance is claimed, been incapable

of work by reason of the injury in respect of which it may be or has

been awarded.

There shall be lodged in connection with an application for

an award of an injury allowance, pension or allowance in respect of

a war injury which is claimed to be an injury which may be

compensated on the higher scale on the ground that the person who

sustained the injury was a gainfully occupied person, such

documentary evidence as the Committee may require for the

purpose of satisfying themselves that that person was a gainfully

occupied person.

(1) An application for an award of an injury allowance,

pension or allowance in respect of an injury which is claimed to

have been a war service injury sustained by a civil defence worker

shall be on the form and shall be accompanied by -

(a) a certificate that the person who sustained that injury

was a member of a civil defence organization at the

time when the injury was sustained and that the injury

was a war service injury in accordance with the

definition of "war service injury" contained in article 9

of the Personal Injuries (Emergency Provisions)

Ordinance;

(b) a report about the injury in question.

(2) Such a certificate and report shall be on the form signed by

a responsible officer of the civil defence organisation of which the

person who sustained the injury was a member at the time when the

injury was sustained.

Where in connection with an application for, or the

continuance of, an award of an injury allowance, pension or

allowance the Committee require evidence that a person is

incapable of self-support, there shall be lodged at such times as the

Committee may direct a certificate on the form signed by a

government medical officer with respect to the physical or mental

infirmity which renders that person incapable of self-support.

Where in connection with an application for an award of an

injury allowance, pension or allowance the Committee require

evidence that contributions have been or are being made to the

support or maintenance of a person, there shall be lodged at such

times as the Committee may direct such documentary evidence as

the Committee may require for the purpose of satisfying themselves

as to the contributions which have been or are being made to the

support or maintenance of that person.

Where in connection with an application for, or the

continuance of an award of an injury allowance, pension or

allowance the Committee require evidence that a child who has

attained the age of fourteen years is a child receiving full-time

instruction at a school, there shall be lodged at such times as the

Committee may direct a statement in writing signed by a principal

officer of a school setting out such particulars as the Committee

may require as to the attendance of the child at that school.

There shall be lodged in connection with an application for

an award of a pension or allowance such documentary evidence as

the Committee may require for the purpose of satisfying themselves

with respect to -

(a) the date of birth, parentage, marriage or death of any

person with respect to whom the Committee require

such evidence for the purpose of the Scheme;

(b) the legitimation or adoption of any child with respect

to whom the Committee require such evidence for the

purpose of the Scheme;

(c) the fact that the applicant is the guardian of the

claimant.

Where in connection with an application for, or the

continuance of, an award of a pension or allowance the Committee

require evidence that the claimant or grantee or some other person

is in need, there shall be lodged at such times as the Committee

may direct a statement in writing on the form setting out the

financial circumstances of the person who is claimed to be in need,

and such documentary evidence with respect to those financial

circumstances as the Committee may require for the purpose of

satisfying themselves that that person is in need.

There shall be lodged in connection with an application for

an award of a pension in respect of a war injury which it is claimed

may be treated as if it were an injury which may be compensated on

the higher scale on the ground that it was sustained by the claimant

at a time when he was a student or an apprentice, a statement in

writing signed by a principal officer of a university, college, school

or other educational establishment, or by a person responsible for

giving the claimant training for any trade, business, profession,

office, employment or vocation, being a statement setting out such

particulars as the Committee may require as to the attendance of the

claimant at that educational establishment or for that training, as

the case may be.

Where a war injury is sustained by a person who has not

attained the age of fourteen years, the notice and particulars

required by article 20 of the Scheme shall be given by lodging a

notice in writing on the form signed by the guardian of that person

setting out such particulars with respect to the injured person, the

nature of his injury, the circumstances in which the injury was

sustained and otherwise as the Committee may require.

There shall be lodged in addition to or in lieu of any

document which is or may be required to be lodged by or under

these Regulations, any such statement, certificate, report, form or

other documentary evidence or information as the Committee may

require for any purpose of the Scheme or of these Regulations.

Where any document has once been lodged in connection

with any application, it shall not be necessary, unless the

Committee otherwise direct, to lodge that document in connection

with any subsequent application.

Any person who has sustained an injury in respect of which

an award may be or has been made or a notice has been lodged

pursuant to regulation 16, and any person who is or has been

claimed in any application to be incapable of self-support, shall, if

and when the Committee require him so to do, submit himself at

such time and place as the Committee may direct for medical

examination by a medical officer or board of medical officers

appointed or recognised by the Committee for the purpose.

(1) The provisions of this regulation shall have effect with

respect to the declaration which may be required by the Committee

to be subscribed, and the certificate which may be required by the

Committee to be furnished, in accordance with the provisions of

article 42 of the Scheme.

(2) The declaration shall be on the form and shall state that the

declarant is entitled to receive the amount of the pension,

allowance or lump sum which has been awarded, and shall set out -

(a) the full name, age or date of birth and place of

residence of the grantee and, if the declarant is not the

grantee, the full name and place of residence of the

declarant;

(b) such particulars with respect to any person in respect

of whom the allowance has been awarded as may be

required by the Committee;

(c) in a case where the award of the pension or allowance

ceases to have effect on the marriage of any person,

whether or not that person has married; and

(d) such further particulars as may be required by the

Committee.

(3) The declaration shall be signed by the declarant in the

presence of an attestor who shall -

(a) be a person possessing such qualifications as may be

specified in the form of declaration;

(b) state fully the qualification entitling him to attest; and

(c) certify that the declaration was signed in his presence

and that he believes the declarant to be the person he

represents himself to be

Provided that an attestor shall not be the grantee or the

person to whom payment of the pension, allowance or lump sum is

to be made or a relative of the grantee or of that person.

(4)

The declaration shall, if so required by the Committee, be

signed in the presence of an attestor selected by the Committee for

the purpose or an attestor possessing such qualification as may be

specified by the Committee, being in either case a person

possessing a qualification specified in the form of declaration.

(5) The certificate shall be signed by a person possessing a

qualification entitling him to attest a declaration in accordance with

the provisions of sub-regulation (3) of this regulation, and shall

certify when that person last saw the grantee alive.

(1) Payment of an injury allowance, pension or allowance

shall, subject to the provisions of the Scheme and of these

Regulations, be made to the grantee.

(2) Where the person to whom, pursuant to the provisions of

the Scheme or of these Regulations, any payment of an injury

allowance, pension or allowance would, but for the provisions of

this sub-regulation be made, authorises some other person in

writing to receive that payment on his behalf, that payment may, if

the Committee think fit, be made to that other person

Provided that -

(a) any payment of an injury, allowance awarded to a male

person who is married may, while that male person is

in hospital, be made to his wife without his written

authority;

(b) where the Committee are satisfied that the person to

whom a payment would, but for the provisions of this

sub-regulation, be made is unable, by reason of

physical or mental infirmity, to give a written authority

to receive payment on his behalf, that payment may be

made to such person as the Committee may consider to

be an appropriate person to receive that payment on

behalf of the person suffering from that infirmity.

(3) Where any payment of an injury allowance, pension or

allowance is made in accordance with the provisions of the Scheme

or of these Regulations to some person other than the grantee, the

receipt of that person shall be a good discharge to the Committee

for that payment.

The Committee or any member thereof, is hereby

empowered to administer oaths to any person for the purpose of

confirming the truth of any statement required under these

Regulations.

The Committee may dispense with compliance with any

requirement contained in these Regulations if they are satisfied that

such compliance ought to be dispensed with.