STATE-OWNED INSTITUTIONS AND HOSTELS RATES g S.L.318.14 1
SUBSIDIARY LEGISLATION 318.14
STATE-OWNED INSTITUTIONS
AND HOSTELS RATES REGULATIONS
1st January, 2000
Legal Notice 60 of 2000, as amended by Legal Notices 52 and 421 of
2002.
Title.
Institutions and Hostels Rates Regulations.
Rates of payment.
Amended by:
L.N. 52 of 2002;
L.N. 421 of 2002.
2. (1) Any resident of -
( a ) a state-owned institution for the care and welfare of
the elderly,
( b ) any other state-owned institution who has been such a
resident for a period exceeding six consecutive
months,
( c ) a state-owned hostel;
( d ) any state financed beds in a non state-owned home for
the aged or institution as may be contracted by
Government,
Cap. 318.
such state-owned institutions and hostels, and any state financed
beds in non state-owned homes for the aged or institutions as may
be contracted by Government, being specified by the Minister by
notice in the Gazette, shall contribute towards his upkeep 60% of
his total net income to the Welfare Committee established under
article 130 of the Social Security Act, hereinafter referred to as "the
Act", in accordance with the provisions of these regulations.
(2) Any such contribution made by any resident as referred in
subregulation (1) shall not -
( a ) exceed Lm 6 per day, and
( b ) be such as to leave such resident with less than Lm550
per annum  at his disposal.
Cap. 327.
(3) For the purposes of these regulations, where such a
resident is one of a married couple who prior to becoming such a
resident was not living apart from the other spouse, and the other
spouse is not also a resident, the total net income that shall be taken
into account shall be all income receivable by such resident and
shall include one half of all income receivable by the non-resident
spouse other than any wages or salaries earned by the non-resident
spouse who is taking care of her minor child or if not a minor, is
over 16 years but under 21 years and either (i) still undergoing full
time education or training in an educational institution recognised
by the Government in terms of the Education Act or (ii) is
registered as unemployed under the Part I register, and any
pensions, allowances, benefits and assistance payable in terms of
the Act to the non-resident spouse.
2 g S.L.318.14 STATE-OWNED INSTITUTIONS AND HOSTELS RATES
Apportionment of 
benefit, etc., 
payable under the 
Act.
3. (1) Notwithstanding the foregoing provisions of regulation
2, and further to the provisions of article 93 of the Act, any person
who in terms of article 93(1)( a ) or ( b ) of the Act has ceased to
receive a pension, benefit or allowance payable under the Act, shall
receive instead, 40% of the rate of pension which would otherwise
have been applicable in his case, sohowever that, if he is one of a
married couple both of whom are residents in terms of these
regulations, and of whom only one spouse is in receipt of such
pension, reduced as aforesaid, the said 40% shall be paid into two
equal proportions, one to each spouse, and the balance of 60% shall
be paid to the Welfare Committee established under article 130 of
the Act:
Provided that where a person to whom this regulation
applies is a married person whose spouse is not such a resident and
is not in receipt of a pension, benefit or allowance payable under
the Act, such a married person shall not be entitled to the
aforementioned 40% but his spouse shall be entitled to receive a
weekly payment equivalent to 60% of the rate of pension, benefit or
allowance which would otherwise have been applicable in the
person’s case, and the balance of 40% shall be paid as to 40% to the
spouse who is a resident and as to 60% to the aforementioned
Committee.
(2) Subject to the provisions of the Act, where, during any
period the spouse of a person who is in receipt of a pension, benefit
or allowance under the Act, is a resident of an institution mentioned
in article 93( a ) and ( b ) of the Act, such person shall, unless the
resident spouse is in receipt of a pension, benefit, or allowance
payable under the Act, cease to receive such pension, benefit or
allowance and shall receive instead a weekly payment equivalent to
60% of the rate of pension, benefit or allowance which would
otherwise have been applicable, and the balance of 40% shall be
paid as to 40% to the spouse who is a resident, and as to 60% to the
said Committee.
Applicability of 
article 96 of the 
Act.
4. In the case where the spouses were already living apart
from one another prior to any one of them becoming a resident, as
aforesaid, and were receiving a separate pension, benefit or
allowance in accordance with article 96 of the Act, each of such
spouses shall be considered as a single person.
Apportionment of 
bonus and 
additional bonus.
5. Any bonus and, or, additional bonus payable under article
85 of the Act to any person, shall be reduced, in respect of every
day during which such person is a resident of an institution referred
to in regulation 2, by the amount resulting from the multiplication
of his entitlement to bonus and, or, additional bonus under the
provisions of the said article 85 and of article 96 of the Act, and
0.0033; and the amount so reduced from the bonus and, or,
additional bonus shall be paid to the Welfare Committee.
Aggregation of 
contributions 
payable to Welfare 
Committee.
6. In addition to the amounts provided for in regulations 3
and 5 and which are payable to the Welfare Committee established
under article 130 of the Act, the Director responsible for the
Department for the Welfare of the Elderly, shall have the right to
recover from any resident as aforesaid an additional amount of
money so as to ensure that such resident is contributing to the said
STATE-OWNED INSTITUTIONS AND HOSTELS RATES g S.L.318.14 3
Welfare Committee, and such amount shall, when aggregated to the
amount deducted under the said regulations 3 and 5, be equivalent
to the contribution to be made in terms of regulation 2.
