SOCIAL SECURITY (ARMED FORCES) ORDER (armedforces)

SOCIAL SECURITY (ARMED FORCES)

SUBSIDIARY LEGISLATION 318.03

SOCIAL SECURITY (ARMED FORCES) ORDER

12th May, 1956

GOVERNMENT NOTICE 294 of 1956, as amended by Order dated 9th

October, 1957, and Legal NoticeS 113 of 1975 and 424 of 2007.

The title of this Order is the Social Security (Armed

Forces) Order.

Substituted by

Order dated 9.10.57;

L.N. 113 of 1975;

L.N. 424 of 2007.

Weekly Rates of Contribution

Weekly rate of contribution payable

Out of the

Class of insured persons

By insured

By employer Consolidated

person

Fund

Members of the Forces

Persons over 19 years of age

€1.35

€1.35

€1.35

Boys and Girls between the ages

of 14 and 19

€0.33

€0.33

€0.33

The provisions contained in the Agreement set out in the

Annexe to this Order shall have full force and effect; and the Social

Security Act shall have effect subject to the modifications required

therein for the purpose of giving effect to those provisions.

SOCIAL SECURITY (ARMED FORCES)

ANNEXE

Memorandum of Agreement between the Admiralty, Army Council, Air Council, and

the Minister of Emigration, Labour and Social Welfare

The Admiralty, the Army Council and the Air Council, on the one hand, and the

Minister of Emigration, Labour and Social Welfare on the other hand, have agreed as

follows

Article 1

(1) Where a person who is over the age of fourteen years is at any time on or

after the 7th May, 1956 -

(a) serving as a member of the Forces, or

(b) undergoing training for a period of more than seventy-two consecutive

hours as a member of the Reserve Forces, and

(c) in either case is not paying contributions under the Scheme of National

Insurance in Great Britain, in respect of his membership of such Forces,

he shall be insured under the Act and, subject to the provisions of this Agreement,

the Act shall apply to him as if his service or training were insurable employment,

and as if the Admiralty, Army Council or Air Council, as the case may be, were his

employer.

(2) For the purposes of this Agreement "the Forces" means the Naval, Military

or Air Forces of the Crown, raised in Malta, and the "Reserve Forces" mean the

Reserve Forces raised in Malta.

Article 2

The weekly rate of the contributions payable under the National Insurance

Act by an insured person of any of the classes set out in the first column of the

Schedule to this Agreement, by his employer, shall be the rate set out respectively

for that class in the second, third and fourth column of that Schedule.

Article 3

The amounts payable by the Admiralty, Army Council and Air Council

respectively on account of the contributions payable by members of the Forces and

Reserve Forces and their employers shall be calculated and paid in such manner and

at such dates as may be agreed upon between the Admiralty, Army Council and Air

Council, on the one hand, and the Minister of Emigration, Labour and Social

Welfare, on the other hand.

Article 4

(1) Any person who is discharged, cashiered, or otherwise dismissed from the

Forces in consequence of having been convicted on any proceedings under the Naval

Discipline Act, the Army Act or the Air Force Act, or by any Civil Court, shall be

disqualified from receiving unemployment benefit for the period of six weeks after

such discharge, cashiering or dismissal.

(2) A person who is discharged from the Forces at his own request shall not by

reason thereof be disqualified from receiving unemployment benefit on the ground

that he has voluntarily left his employment without just cause.

(3) For the purposes of any claim for unemployment benefit, a certificate

purporting to be signed by a person authorised in that behalf by the Admiralty, Army

Council or Air Council, as the case may be, as to the fact of any person having been

discharged, cashiered, or otherwise dismissed as mentioned in either of the foregoing

SOCIAL SECURITY (ARMED FORCES)

paragraphs of this article and as to the date of the discharge, cashiering or dismissal,

shall be conclusive evidence thereof unless it is proved that the certificate was not

signed by a person so authorised as aforesaid.

Article 5

A person shall not be entitled to receive unemployment benefit or sickness

benefit for any day on which he is serving as a member of any of the Forces, or

undergoing training for a period of more than eight hours as a member of any of the

Reserve Forces.

Article 6

No injury benefit, disablement benefit or death benefit shall be payable

under the Act in respect of any accident happening to a person while he is serving as

a member of any of the Forces or undergoing training as a member of any of the

Reserve Forces.

Article 7

(1) If a person is entitled to receive a pension for disablement due to his service

in the Forces or Reserve Forces, and this pension includes an unemployability

supplement, he shall not be entitled to receive any benefit under the Act.

(2) If a person is entitled to receive a pension for disablement due to his service

in the Forces or Reserve Forces, and this pension includes an allowance for his wife,

and if he would be entitled but for this Agreement to receive an increase of benefit

under the Act for his wife, then he shall be entitled to receive only any amount by

which that allowance is less than that increase of benefit.

Article 8

If a widow is entitled to receive a pension on the ground that her husband’s

death was attributable to service in the Forces or Reserve Forces, and would be

entitled but for this Agreement to receive a widow’s pension under the Act, she shall

be entitled to receive only -

(a) any amount by which the former pension (excluding any allowance for

children) is less than the latter pension (excluding any increase for

children); and

(b) any amount by which an allowance for children included in the former

pension is less than an increase for children included in the former

pension;

and she shall be entitled to receive any amount specified in sub-paragraph (b) of this

Article even if she is entitled to receive nothing under sub-paragraph (a).

Article 9

Where any person is, on account of his being at sea or outside Malta, in the

course of his service as a member of the Forces or Reserve Forces, unable to perform

an act required to be done either forthwith or on the happening of a certain event or

within a specified time, he shall be deemed to have complied therewith if he

performs the act as soon as is reasonably practicable although after the happening of

the event or the expiration of the specified time.

Article 10

In the event of the termination of this Agreement, any rights acquired by a

person in accordance with its provisions shall be maintained and negotiations shall

take place for the settlement of any rights then in course of acquisition by virtue of

its provisions.

SOCIAL SECURITY (ARMED FORCES)

Article 11

This Agreement shall have effect from the 7th May, 1956, and shall remain

in force for a period of one year from that date. Thereafter, it shall continue in force

from year to year unless notice of termination is given in writing by either party at

least six months before the expiry of any such yearly period.

Done at Valletta, Malta, this 12th day of May, 1956.

For the Admiralty

(sgd.) Guy Grantham

Admiral

For the Army Council

(sgd.) Brian Daunt

Major General

For the Air Council

(sgd.) G. Nicholetts

Air Marshal

The Minister of Emigration,

Labour and Social Welfare (ad int.)

(sgd.) A. Barbara

SOCIAL SECURITY (ARMED FORCES)