CHILDREN’S ALLOWANCES _g S.L.318.06 1
SUBSIDIARY LEGISLATION 318.06
CHILDREN’S ALLOWANCES REGULATIONS
1st January, 1987
LEGAL NOTICE 14 of 1987, as amended by Legal Notice 61 of 1987.
Title.
Regulations.
Interpretation.
Cap. 318.
"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.
Entitlement of 
claimant not being 
an insured person.
Amended by:
L.N. 61 of 1987.
3. 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.
Residence in Malta 
of claimant.
4. 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.
Government 
employees living 
outside Malta.
5. 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.
Seamen.
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.
Persons working 
outside Malta.
7. 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.
Persons absent 
from Malta in 
connection with 
medical treatment.
Amended by:
L.N. 61 of 1987.
8. 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.
Length of absence 
from Malta.
9. A head of household who is absent from Malta shall be
deemed to be residing continuously in Malta -
2 _g S.L.318.06 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.
Children absent 
from Malta.
10. 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.
Children who are 
patients in hospital.
11. 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.
Payment of 
allowance outside 
Malta.
12. 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.
Tutor. 13. 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.
Payment of 
allowance where 
father is abroad.
Amended by:
L.N. 61 of 1987.
14. 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.
