CHILDREN’S ALLOWANCES REGULATIONS

CHILDREN’S ALLOWANCES

SUBSIDIARY LEGISLATION 318.06

CHILDREN’S ALLOWANCES REGULATIONS

1st January, 1987

LEGAL NOTICE 14 of 1987, as amended by Legal Notice 61 of 1987.

The title of these regulations is the Children’s Allowances

Regulations.

In these regulations -

"the Act" means the Social Security Act;

"allowance" means an allowance payable in accordance with the

provisions of articles 81 to 88 of the Act; and

"wife" has the same meaning as is assigned to it by article 86 of

the Act.

Saving any other condition made by or under the Act, a

head of household shall be entitled to claim an allowance

notwithstanding that he is neither an employed person nor a self-

employed person if he is in receipt of any pension (including a

disablement pension) or social assistance payable under the Act.

Saving the following provisions of these regulations, a

head of household shall be deemed to be residing in Malta if he is

actually present in Malta.

A head of household employed with the Government of

Malta shall be deemed to be residing in Malta for any period during

which he is residing outside Malta if -

(a) his residence outside Malta is consequential to his

employment with the Government of Malta;

(b) he resided in Malta prior to his said employment.

A head of household who is employed as a member of the

crew of any ship shall be deemed to be residing in Malta during any

period he is outside Malta for the purposes of his employment if the

children or persons in respect of whom the allowance is claimed

reside in Malta and have so resided continuously during the last

three months immediately preceding the date of the claim.

A head of household working outside Malta but who is

ordinarily resident in Malta shall be deemed to be residing in Malta

during any period in which he is residing outside Malta for the

purposes of his employment.

For the purposes of establishing whether a head of

household is or was residing in Malta, absence from Malta shall be

disregarded on proof being given to the satisfaction of the Director

that such absence is or was in connection with medical treatment

abroad.

A head of household who is absent from Malta shall be

deemed to be residing continuously in Malta -

CHILDREN’S ALLOWANCES

(a)

(i)

where such period of absence does not exceed

three months; or

(ii) where any two or more periods of absence do not

exceed in the aggregate six months in a calendar

year; and

(b) if the Director is satisfied that such head of household

is on holiday; or

(c) in the case of a bona fide emigrant, where his family is

still residing in Malta.

Entitlement to an allowance shall not be forfeited in

respect of a child or person who is living outside Malta where such

a child or person is undergoing medical treatment outside Malta or

is on holiday for a period not exceeding three months or is

undergoing full time education in a school or similar institution

outside Malta.

No allowance shall be paid in respect of a child or person

who is admitted as a patient in a Government hospital or institution

when the stay of the child or person in such hospital or institution

exceeds a continuous period of six months.

Where a head of household qualifies for an allowance

owing to the provisions of regulation 5 or 7, the said allowance

may be paid outside Malta.

Subject to the limitations set out in articles 81, 82 and

85(1) of the Act, a head of household -

(a) who has the effective custody of a child or other

person, or

(b) with whom such other person, being a person of the

age of eighteen years or over, normally resides,

but not being, in either case the parent of such child or other

person, shall be entitled to claim or to receive the allowance in

respect of that child or person when -

(a) he satisfies the conditions set out in article 84(1)(a)

and (b) of the Act, and either of the parents of the child

or person satisfies the condition set out in paragraph

(c) of the said subarticle (1); or

(b) he satisfies the conditions set out in article 84(1)(a)

and (c) of the Act, and either of the parents of the child

or person satisfies the condition set out in paragraph

(b) of the said subarticle (1); or

(c) in the case of a child or person under eighteen years of

age, he is the legal guardian of such child or person

and satisfies the conditions set out in article 84(1)(a),

(b) and (c) of the Act.

Saving the provisions of regulation 13, payment of an

allowance may still be made to the mother or to such person as may

be decided by the Director where the father of the relative child or

person although residing outside Malta is entitled to the said

allowance in terms of law.