  SOCIAL SECURITY  g CAP. 318.        1
CHAPTER 318 
SOCIAL SECURITY ACT
To establish a scheme of social security and to consolidate with amendments existing
provisions concerning the payment of social insurance benefits, pensions and allowances,
social and medical assistance, non-contributory pensions and the payment of social insurance
contributions by employees, employers, self-employed and the State.
1st January, 1987
ACT X of 1987, as amended by Acts: XX of 1987, XIV of 1988, XVI of 1989, VIII and XVI of
1990, XIII of 1991, VIII of 1992, XXIV of 1993, XXV of 1994, XXVII of 1995, XXI of 1996, XVI
and XXII of 1997, VII of 1998 and II of 1999; Legal Notices 56 and 84 of 1999, and 10 of
2000; Act XI of 2000; Legal Notice 21 of 2001; Act VI of 2001; Legal Notices 4 and 422 of
2002; Acts II of 2002 and XI of 2003; and Legal Notice 436 of 2003 .
ARRANGEMENT OF ACT
Articles 
Part I  Preliminary  1-2 
Part II Insured Persons and Contributions  3-17 
Part III  Benefits, Allowances and Particular Pensions  18-30 
Part IV Pensions in respect of Widowhood  31-43 
Part V  Pensions in respect of Retirement  44-65 
Part VI  Other Pensions, Benefits and Allowances  66-88 
Part VII  Miscellaneous Provisions in respect of Pensions, Allowances,
Benefits and Assistance payable under this Act 89-104
Part VIII  Determination of Claims and Questions  105-111 
Part IX  Administration and Finance  112-115 
Part X  Enforcement and Non-Compliance  116-127 
Part XI  Establishment of a Social Assistance Board and a Welfare
Committee
128-131
Part XII  Duties, Functions and Special Powers of the Director  132-133 
Part XIII  General Provisions  134-136 
  2      CAP. 318. h                SOCIAL SECURITY
SCHEDULES 
First Schedule  PART I Employments
PART II  Excepted Employments
Second Schedule  PART I  Exemption from the payment of Class Two
Contributions 
PART II  Sickness Assistance
PART III  Free Medical Aid 
PART IV  Age Pension and Carer’s Pension
PART V Disability Pension and Pension for the Visually
Impaired
PART VI  Social Assistance 
PART VII Children’s Allowance and Disabled Child
Allowance
PART VIII Supplementary Allowance
Third Schedule PART I Rates of Sickness, Unemployment, Special
Unemployment, and Injury Benefits; Injury
Grant and Injury Pension
PART II  Amounts of Injury Grant 
PART III Highest Rate of Injury Pension 
PART IV  Orphan’s Allowance
PART V  Orphan’s Supplementary Allowance
Fourth Schedule  Industrial Diseases or Injuries 
Fifth Schedule PART I  Diseases and conditions in respect of which
Sickness Assistance may be payable
PART II Diseases and conditions in respect of which Free
Medical Aid may be accorded
Sixth Schedule  PART I  Scale of Social Assistance per week, inclusive of
any measures under the provisions of article 90A 
PART II  Highest Rate of Age Pension inclusive of any
increases under the provisions of article 90A 
PART III  Highest Rate of Disability Pension and Pension for
the Visually Impaired per week, inclusive of any
increase under the provisions of article 90A 
PART IV  Highest Rate of Carer’s Pension per week inclusive
of any increases under the provisions of article
90A 
PART V  House Rent
PART VI Rate per week of Allowance in lieu of an Age
Pension, a Disability Pension and a Pension for
the Visually Impaired
Seventh Schedule  Scale rates of means governing Sickness Assistance
Eighth Schedule  PART I Scale rates of means governing Free Medical Aid
where the head of household is in insurable
employment or self-occupied
PART II  Scale rates of means governing Free Medical Aid
where the head of household is neither in
insurable employment nor self-occupied
Ninth Schedule  Amounts of Sickness Assistance, Milk Grant,
Leprosy Assistance and Tuberculosis Assistance
  SOCIAL SECURITY  g CAP. 318.        3
Tenth Schedule  PART I  Class One Contributions (Employed Persons)
PART II  Class Two Contributions (Self-employed Persons)
PART III  Class Two Contributions (Self-Occupied Persons)
Eleventh Schedule  Contribution Conditions 
Twelfth Schedule  Rates of several kinds of pension
Thirteenth Schedule  Calculation of the Pensionable Income
Fourteenth Schedule Rates of several kinds of Allowances, Maternity
Benefit and a Marriage Grant.
  4      CAP. 318. h                SOCIAL SECURITY
PART I
PRELIMINARY
Short title. 1. The short title of this Act is Social Security Act.
Interpretation. 
Amended by: 
XX.1987.2; 
XIV.1988.3; 
XVI.1989.3; 
XVI. 1990.3; 
VIII.1992.3; 
XXIV.1993.3; 
XXV.1994.2,3; 
XXI.1996.2;
XXII.1997.2;
II. 1999.2;
XI. 2000.13;
II. 2002.60.
2. (1) In this Act, unless the context otherwise requires -
"allowance" means any allowance payable under this Act;
"assistance" means assistance which may be given under this
Act; 
"basic weekly wage" and "basic salary" mean the gross wage or
salary that is payable to an employed person by or on behalf of his
employer excluding any remuneration for overtime, any form of
bonus, any extra allowances, any remuneration in kind and
commissions;
"beneficiary" in relation to any benefit, pension, assistance or
allowance means the person entitled to that benefit, pension,
assistance or allowance;
"benefit" means benefit which is payable under this Act and
includes Bonus, Additional Bonus and Marriage Grant;
"benefit year" means the period beginning on the first Monday in
July and ending on the last Sunday before the first Monday in July
of the following year;
"care allowance" means an allowance payable under article 76A;
"child" means a person who is under the age of sixteen years and
includes a stepchild, an adopted child and a child born out of
wedlock;
"children’s allowance" means an allowance payable under article
76;
"claimant" means a person claiming a benefit, pension,
assistance or allowance under this Act;
"Class One contribution" means a contribution which an insured
person pays as an employed person;
"Class Two contribution" means a contribution which an insured
person pays either as a self-employed person, or as a self-occupied
person;
"Committee" means the Welfare Committee established by
article 130;
"Consolidated Fund" means the Consolidated Fund established
by article 102 of the Constitution;
"contract of service" means an agreement between two persons,
whether written, oral or implied, whereby one of the parties (herein
called the "employee") who shall always be a physical person, shall
be under an obligation to render to the other party (herein called the
"employer") services by way of master and servant relationship for
definite hours at a specified wage, salary, remuneration in kind or
any other benefit or privilege, subject to the right of the employer
to exercise control, supervision, direction, and any form of
  SOCIAL SECURITY  g CAP. 318.        5
disciplinary action over the employee as to the method of
performance of his duties;
Cap. 147 - 
Repealed.
"contribution" means a contribution payable under this Act or
which was payable under the provisions of the National Insurance
Act before the date of its repeal;
"contribution year" means the period starting from the first
Monday in January and ending on the last Sunday before the first
Monday in January of the following year;
"credited contribution" means a contribution which is not paid by
a person but is nonetheless accredited  ope legis  to him for the
purposes of this Act;
"Department" means the Department of Social Security;
"Director" in or in respect of the provisions of this Act, other
than those of articles 3 to 11, both inclusive, articles 13, 14 and 15,
article 117(2), article 123 and article 124(1) and (2), and save as
otherwise provided, means the Director (Social Security) and
includes any officer of the Department designated by the him or
any public officer designated by the Minister for a particular
purpose or class of purposes; and in or in respect of the provisions
of this Act except as aforesaid and save as otherwise provided,
Director means the Commissioner of Inland Revenue and includes
any public officer in his department designated by him:
Provided that in or in respect of the provisions of article 114(2)
and of articles 116, 119, 120, 121, 122, 125 and 133, the word
Director means either the Director (Social Security) of the
Commissioner of Inland Revenue, or each of them, as the case may
require;
"earnings" means the income derived by a self-occupied person
from any economic activity (including the exercise of any trade or
profession), and is to be taken net of expenses directly incurred in
generating that income, and does not include: 
(i) any income derived by way of any interests on
any bank deposits (including any liquid assets,
time deposits, bonds, stocks, shares or other
securities), rents or groundrents receivable on
any property, or
(ii) any other income, if any, which is not directly
related to such economic activity, or 
(iii) in any case, any income belonging to the spouse
of such person;
"employed person" means a person who has not yet passed his
sixty-fifth birthday and who is employed in insurable employment; 
"employer" includes a body of persons being a partnership,
company, fellowship or society of persons whether corporated or
unincorporated and whether vested with legal personality or not,
and a body corporate established by law;
"father" includes a stepfather and an adoptive father;
"full-time basis and regularly" means physically available at
  6      CAP. 318. h                SOCIAL SECURITY
home in a way as will ensure unfailing attendance and attention to
and the caring of -
( a ) for the purposes of article 30(8) -
(i) a relative suffering from mental severe
subnormality; or
(ii) a severely disabled relative; or
(iii) a relative who is aged 60 years or over; and
( b ) for the purposes of article 68, a relative who by reason
of infirmity is bedridden or confined to a wheel-chair; 
"gainfully occupied" means employed in insurable employment
or self-occupied;
"head of household" in relation to a household consisting of two
or more persons means such person as is in the opinion of the
Director the head of household; 
"household" means one person who in the opinion of the Director
is living alone or two or more persons who in the opinion of the
Director are living together as a family:
Provided that - 
( a ) for the purposes of Sickness Assistance claimed in
respect of a person who is over the age of sixty years,
together with his wife or husband, if any, as the case
may be, and children and none of whom is in insurable
employment or self-occupied; and
( b ) for the purposes of Sickness Assistance in respect of
chronic schizophrenia in respect of any member of the
household who is not the head of household or his
wife, if any, 
such persons or such couples shall, if it is to their advantage, be
considered as forming a household of their own:
Provided further that for the purposes of a Free Medical Aid
awarded under this Act, the Director may, if he feels that the
circumstances of the household so require, exclude from the
composition of the household any person or persons who would
otherwise form part of it;
"insurable employment" has the meaning assigned to it by article
5;
"insured person" means an employed person or a self-employed
person or a self-occupied person in terms of Part II of this Act;
"medical treatment" means medical, surgical or rehabilitative
treatment including any course or diet or other regimen, and any
surgical and pharmaceutical aid;
"mental severe subnormality" means arrested or incomplete
development of mind, resulting in a marked lack of intelligence
which in turn renders the person affected incapable of living an
independent life or of guarding himself against serious exploitation
or will render him so incapable when of age to do so;
  SOCIAL SECURITY  g CAP. 318.        7
"Minister" means the Minister from time to time in charge of the
Department and includes any officer designated by the Minister for
a particular purpose or class of purposes;
"mother" includes a stepmother and an adoptive mother;
"net income" means total income net of expenses directly
incurred in generating that income;
"parent" includes a step-parent and an adoptive parent;
"pension" means a pension payable under this Act;
"pension age" means - 
( a ) in the case of a man, the age of sixty-one years, and 
( b ) in the case of a woman, the age of sixty years; 
"pensionable income" means the average annual basic wage or
salary or the net income, or earnings, calculated in accordance with
the Thirteenth Schedule to this Act;
"prescribed" means prescribed by regulations;
"regulations" means regulations made by the Minister under this
Act and published in the Gazette;
"relevant accident" and "relevant injury" mean respectively, in
relation to Injury Benefit, Injury Grant or Injury Pension, the
accident or injury in respect of which any of the said benefits is
claimed or payable;
"relevant loss of faculty" means the loss of faculty resulting from
the relevant injury;
"retirement" means attainment of pension age:
Provided that in respect of a person over pension age who is
disqualified from receiving a pension because of his being in
insurable employment or self-occupied, retirement means the date
on which he ceases to be so disqualified or on which he reaches the
age of sixty-five years, whichever is the earlier:
Provided further that - 
( a ) in respect of a person who at any time is or was in
receipt of a pension under this Act payable on or after
pension age, retirement means -
(i) the date taken as his date of retirement for the
purposes of awarding a pension payable after
pension age, or
(ii) pension age in the case of any other person;
( b ) in the case of a man who dies before reaching pension
age and his wife becomes entitled to a Survivor’s
Pension in terms of the proviso to article 34,
retirement means the date on which such death occurs,
or, if such death occurs at a time when he was in
receipt of a pension in respect of invalidity under this
Act, retirement means the day on which he became
such an invalid;
  8      CAP. 318. h                SOCIAL SECURITY
"self-employed person" means a person who has not yet passed
his sixty-fifth birthday, is ordinarily resident in Malta, and is not an
employed person nor a self-occupied person;
"self-occupied" means a self-employed person who is engaged in
any activity through which earnings exceeding Lm390  per annum
are being derived;
"Service Pension", means - 
(i) with effect from the 1st day of April, 1978, a pension
or other allowance awarded to a person at any time
before or after the aforesaid date that is payable by or
on behalf of his employer in respect of past services in
Malta or abroad and shall in each and every case be
considered on an uncommuted basis, and
(ii) with effect from January 6, 1996, net of increases in
the amount payable of such Service Pension by way of
cost of living increases awarded after January 7, 1995,
and
(iii) with effect from October 4, 1997, a pension or other
allowance, other than a pension or other allowance
which has been commuted in whole, or which does not
exceed Lm200 per annum, net of increases in the
amount payable of such Service Pension by way of
cost of living increases awarded after the initial award
of such Service Pension:
 Provided that, with effect from the 4th January,
1992, where such person is in receipt of two or more
Service Pensions, only the higher or the highest, as the
case may be, of such Service Pensions shall be deemed
to be a Service Pension for the purpose of assessing,
revising or re-assessing a pension in respect of
retirement or invalidity under this Act; sohowever
that, and solely for the purpose of assessing, revising
or re-assessing a Retirement Pension in accordance
with article 44 and article 47(1)(i), a person who is in
receipt of two or more such Service Pensions one of
which is payable by or on behalf of the United
Kingdom Government, shall have the right to elect
which of such Service Pension as aforesaid is to be
deemed to be the Service Pension for this latter
purpose:
Provided further that, with effect from the 4th
January 1992, and solely for the purpose referred to in
the foregoing proviso of this definition, where a
Service Pension as aforesaid in this definition has
been-
( a ) commuted in part only and the pensioner has
reached his 72nd birthday, 50% of the
commuted part only of such Service Pension
shall be taken into account, and
( b ) commuted in whole, only 50% of such Service
  SOCIAL SECURITY  g CAP. 318.        9
Pension shall be taken into account, so however
that with effect from the 4th October, 1997,
where such Service Pension has been commuted
in whole, it shall no longer be taken into account
for the purposes of this Act;
"severely disabled person" means a person who still has a
reasonable expectancy of life and who is incapable of supporting
himself through full-time employment or self-occupation, or who
will be rendered so incapable when of age to do so, owing to a
permanent disability arising from - 
( a ) total deafmutism; or
( b ) achondroplasia, hypopituitarism, osteogenesis imper-
fecta or other forms of dwarfism; or
( c ) one of the following diseases, namely: 
Multiple Sclerosis
Muscular Dystrophy 
Spina Bifida
Systemic Lupus Erythematosus
Haemophilia or any other similar permanent disorder
of the blood characterised by chronic or repeated
bleeding
Hydrocephalus 
Huntington’s Chorea
Cystic Fibrosis 
T C II Deficiency; or
( d ) permanent total paralysis or permanent total severe
malfunction or permanent total disease, whether
through amputation or otherwise, of both upper or
lower limbs; or 
( e ) epilepsy with a frequency of attacks exceeding four
per month, which condition is confirmed by
appropriate investigations including an electro-
encephalogram and so certified by a Government
neurologist or psychiatrist provided that the person
concerned is not in possession of a driving licence; or
( f )congenital indifference to pain;
"single parent" means a parent who is widowed, separated
(whether  de facto  or  de jure ), divorced or unmarried who is solely
and entirely responsible for the upkeep and upbringing of his or her
dependant sons or daughters who have not yet reached 18 years of
age;
"Umpire" means the Umpire appointed under article 107 and
includes the Deputy Umpire appointed under that article;
"visually impaired person" means a person whose visual acuity
has been certified by an ophthalmologist to be so low as to render
such person unable to perform any work for which eyesight is
essential;
"widow" means the surviving spouse, whether a widow or a
widower, of a married couple who immediately prior to widowhood
  10      CAP. 318. h                SOCIAL SECURITY
had a legal right to be maintained by the other spouse and in
relation to a widow, wherever it appears, husband shall include
wife.
(2) For the purposes of this Act - 
( a ) a person shall be deemed to be over or under any age if
he has or has not reached that age;
( b ) a person shall be deemed to be between two ages if he
has reached the lower but has not reached the upper of
these two ages;
( c ) a person shall be deemed not to have reached any
particular age until the beginning of the anniversary of
the date of his birthday relevant to that particular age.
(3) For the purposes of awarding a Survivor’s Pension, a
pension in respect of retirement or invalidity as the case may be,
under this Act, a person who, during the last ten years ending on
the last day of the calendar year immediately preceding his
retirement or his becoming an invalid in terms of this Act, as the
case may be, was an insured person, shall be treated as an
employed person, or as a self-employed person, or as a self-
occupied person according to the number of years, or part thereof,
he spent in insurable employment or as a self-employed person, or
as a self-occupied person and where the greater number of years, or
part thereof, were spent in insurable employment, he shall be
treated as an employed person; and where the greater number of
years, or part thereof, were spent as a self-employed person, he
shall be treated as a self-employed person; and where the greater
number of years, or part thereof, were spent as a self-occupied
person, he shall be treated as a self-occupied person:
Provided that a person who, in accordance with this sub-
article is to be treated as a self-employed person, shall, if it is to his
advantage, be treated as an employed person if immediately before
the tenth year prior to his retirement or invalidity, as the case may
be, he was an employed person for not less than twenty years and
has continued to be so employed for any period within the said last
ten years and has not after such period become self- occupied.
PART II 
INSURED PERSONS AND CONTRIBUTIONS
Classes of insured 
persons. 
Amended by:
XXI. 1996.3.
Substituted by:
XI. 2003.2.
3. (1) Subject to the provisions of this Act, and save as
provided for in subarticle (2), every person who has passed his
sixteenth birthday, but not yet reached his retirement, shall become
insured under this Act either as an employed person, or as a self-
employed person or as a self-occupied person.
(2) With effect from 5th January, 2004, a married person who
is not legally separated or who has not been abandoned by his
spouse shall not be deemed to be a self-employed person:
Provided that, with effect from the 3rd October, 2003, any
  SOCIAL SECURITY  g CAP. 318.        11
married person who is not legally separated or who has not been
abandoned by his spouse, and who prior to the 5th January, 2004
was deemed to be a self-employed person, shall, if he so elects,
continue to be considered as a self-employed person.
Extension of Class 
Two contributions.
Cap. 147 - 
Repealed.
4. Subject to the provisions of this Act, a contribution paid
prior to the 3rd day of April, 1978, by a non-employed person
under the provisions of the National Insurance Act, as in force up to
that date, shall be deemed, for the purposes of this Act, to be a
contribution payable by a self-employed person who is not self-
occupied.
Insurable 
employment.
5. For the purposes of this Act, every employment specified
in Part I of the First Schedule to this Act, unless excepted under
Part II of that Schedule, shall be an insurable employment.
Persons who are 
deemed not to be 
self-employed.
Amended by:
XX. 1987.3;
XVI. 1990.4;
XXV. 1994.2,4;
XXI. 1996.4;
XI. 2003.3.
Cap. 327.
6. (1) For the purposes of this Act, a person who is not an
employed person shall also not be deemed to be a self-employed
person or a self-occupied person if such person is - 
( a ) ( deleted by Act XI. 2003.3. )
( b ) receiving full-time education or training in an
educational institution recognised by the Government
in terms of the Education Act, whether or not any form
of remuneration or allowance is being paid to him
during such time in direct or indirect relationship to
such education or training unless such remuneration is
being paid to him as a self-occupied person; or
Cap. 147 - 
Repealed.
( c ) a person who was born before the 1st day of January,
1927, and who, prior to the 1st day of April, 1978, was
not liable to pay a contribution under the National
Insurance Act, as in force prior to the date of the
commencement of this Act, and who, at any time after
the said 1st day of April, 1978, was not self-occupied;
or
( d ) in receipt of a pension (other than an injury pension)
payable under this Act:
 Provided that a widow who, notwithstanding the
fact that she is still self-occupied, retains her right to
Widows’ Pension under this Act by virtue of sub-
article (2) of article 32 and article 41, shall,
nonetheless, be considered as a self-occupied person
for the purposes of this Act; or
( e ) in receipt of Social Assistance payable under this Act. 
(2) For the purposes of this Act where any of the categories of
persons mentioned in paragraphs ( a ),   ( b ) and ( e )   of sub-article (1)
are self-occupied, such persons shall be considered as self-
occupied persons.
Class One 
contributions and 
apportionment 
thereof.
Amended byZ:
II. 1999.3.
7. (1) For every person who is employed in insurable
employment, three contributions per week shall be payable, in
accordance with the provisions of this Act, one by the employed
person, one by his employer, and one out of the Consolidated Fund:
  12      CAP. 318. h                SOCIAL SECURITY
Provided that for the purposes of this Act, a person who is
employed in more than one insurable employment shall be deemed
to be employed in that insurable employment which carries the
higher or highest basic wage or salary.
(2) Subject to the provisions of this Act, the weekly rates of
contributions payable under this Act by an employed person and by
his employer respectively shall be those specified in Part I of the
Tenth Schedule to this Act; whilst the contributions payable under
this Act out of the Consolidated Fund shall be 50% of the combined
weekly contributions paid by the employee and his employer. 
Cap. 343.
So however that, where an employer binds himself with the
Employment and Training Corporation, established under the
Employment and Training Services Act, to employ a person who is
over the age of forty years and who has been registering for more
than one year under Part One of the Register kept in accordance
with the provisions of the Employment and Training Services Act,
such employer shall be entitled to retrieve from the said
corporation a sum equivalent to twenty-five per cent of the rate of
contribution paid by the employer, as his share in respect of such
employee, in accordance with Part I of the Tenth Schedule to this
Act.
(3) For the purposes of sub-article (2), where any insurable
employment is terminated with one employer during a particular
week and is commenced with another employer during that same
particular week, the contribution payable in respect of that week
shall be paid by the former employer.
(4) The sum to be contributed out of the Consolidated Fund
under this article and under article 10, shall be paid in such manner
as the Minister responsible for finance may, from time to time,
determine.
Contributions by 
employed persons 
and employers. 
( Class One 
contributions ) . 
Amended by: 
XVI.1990.5.
8. (1) The employer shall, in the first instance, be liable to
pay both the contribution payable by himself and also, on behalf of
and to the exclusion of the employed person, the contribution
payable by that person and, for the purposes of this Act,
contributions paid by the employer on behalf of the employed
person shall be deemed to be contributions paid by the employed
person.
(2) Notwithstanding any contract or agreement to the contrary,
an employer shall not be entitled to deduct from the wages or other
remuneration of any person employed by him, or otherwise to
recover from such a person the contribution payable by him in
respect of that person; and any employer who deducts or attempts
to deduct the whole or any part of the contribution payable by him
in respect of any such person from the wages or other remuneration
of that person, shall be guilty of an offence under this Act and shall
be liable, on conviction in respect of each such offence, to a fine
( multa ).
(3) Where an employed person receives any wages or other
pecuniary remuneration from his employer, the amount of any
contribution paid by the employer on behalf of the employed
  SOCIAL SECURITY  g CAP. 318.        13
person shall, notwithstanding the provisions of any law or any
contract or agreement to the contrary, be recoverable by means of
deductions from the wages of that person or from any other
remuneration due from the employer to that person and not
otherwise:
Provided that no such deduction may be made from any wages
or remuneration other than such as are paid wholly or partly in
respect of the contribution week or part of the contribution week
for which the contribution is payable.
(4) Where an employed person does not receive any wages or
other pecuniary remuneration from his employer but receives such
remuneration from some other person, the amount of any
contribution paid by the employer on behalf of the employed
person shall (without prejudice to any other means of recovery) be
recoverable by the said employer as a civil debt from the other
person from whom the employed person was receiving his wages or
other pecuniary remuneration provided proceedings for this
purpose are instituted within twelve months from the date on which
the contribution was payable.
(5) Notwithstanding the foregoing provisions of this article,
where an employer has failed or neglected to pay any Class One
contributions which he is liable to pay under this Act, upon the
lapse of the ten days referred to in article 116(2), and if the
employer concerned is still failing or neglecting to pay any current
contributions due under this Act, the Director may, by notice
served on the employer, and on any person employed by such
employer, direct that the contributions payable by such employed
person shall not, from such date as may be indicated in the notice,
be withheld and paid by the employer, and that thereupon such
contributions due after that date shall be payable directly by such
employed person to the Director in such manner and at such times
as the Director may determine.
Payment of Class 
One contributions.
Amended by:
II.1999.4.
9. Every employer liable to pay any contribution in respect of
an employed person shall, unless with the approval of the Director
he has made other arrangements, pay in arrears at monthly intervals
at the Department of Inland Revenue, all contributions which are
payable by him under articles 7 and 8, within such time and in such
form and manner as may from time to time be determined by the
Director.
Contributions by 
self-employed 
persons.  ( Class 
Two 
contributions ) . 
Amended by: 
XIV.1988.4;
XXI.1996.5.
10. (1) Every self-employed or self-occupied person, unless
otherwise exempted under the provisions of this Act, shall pay a
contribution in accordance with the provisions of this Act.
(2) For every contribution payable by a self-employed or self-
occupied person under this Act, another contribution shall be
payable out of the Consolidated Fund.
(3) The rates of contributions payable under this Act by a self-
employed or self-occupied person shall be those specified in Part II
and Part III respectively of the Tenth Schedule to this Act for the
four months ending on the last day of April, August and December
of each year: except where the self-employed person concerned
  14      CAP. 318. h                SOCIAL SECURITY
had, up to the 3rd January, 1988, elected to pay a higher rate of
contribution than that which would otherwise have been payable by
him as aforesaid; sohowever that, such election shall, nonetheless,
cease to have effect from the 4th January, 1988.
(4) The contribution payable out of the Consolidated Fund
under this article shall be equivalent to 50% of the contribution
paid by the self-employed or self-occupied person concerned.
Payment of Class 
Two contributions.
Amended by:
XXI.1996.6;
II.1999.5.
11. Every self-employed or self-occupied person liable to pay
a Class Two contribution in accordance with article 10 shall, unless
with the approval of the Director he has made other arrangements,
pay his contributions in arrears at intervals of four months ending
on the last day of April, August and December of each year.
Payment shall be made at the Department of Inland Revenue in
such form and manner as may from time to time be determined by
the Director.
Exemption from 
payment of Class 
Two contributions.
Amended by:
XXI.1996.7.
12. (1) A self-employed person who satisfies the Director that
he is not self-occupied and whose yearly means calculated in
accordance with the provisions of Part I of the Second Schedule to
this Act, do not exceed - 
(i) Lm630 in the case of a married man who is
wholly maintaining his wife and who is not
herself self-occupied or in insurable
employment; or
(ii) Lm430 in the case of any other person;
shall be entitled, on making an application to the Director, to
receive a certificate of low income valid for twelve months and
while he holds such a certificate, and as long as there is no relevant
change in circumstances, he shall be exempted from the payment of
Class Two contributions. So however, that such self-employed
person may opt to pay a Class Two contribution at the SP category
in the case of a single person, and at the SA category in the case of
a married person, in lieu of a certificate of low income.
(2) If a person in respect of whom sub-article (1) applies fails
to renew such certificate within three months of its expiry, such
person may, at the discretion of the Director, become liable to pay a
Class Two contribution at the SP category in the case of a single
person, and at the SA category in the case of a married person,
payable within such time as may be fixed by the Director.
Payment of the 
Class One 
contribution by 
persons employed 
outside Malta.
Amended by:
XIII.1991.3.
13. (1) A person who -
( a ) is employed under a contract of service outside Malta
in such manner that he is not in insurable employment,
and
( b ) retains his ordinary residence in Malta,
may, at his request and with effect from such date, not being later
than the date of such request, as the Director may determine,
instead of paying a Class Two contribution, pay a Class One
contribution; and, for this purpose, no contribution shall be payable
by or on behalf of or in respect of his employer.
  SOCIAL SECURITY  g CAP. 318.        15
(2) The contribution payable under sub-article (1) of the article
shall be paid in the same form and manner and at the same intervals
as for contributions payable by self-employed persons in
accordance with article 11; and such contributions shall remain
payable in respect of any period during which the conditions
specified in sub-article (1)( a ) and ( b ), continue to apply.
Payment of a Class 
Two contribution 
in lieu of a Class 
One contribution. 
Amended by: 
XXI.1996.8.
14. A person who is liable to pay a Class One contribution
under articles 7, 8 and 9 and who is also self-occupied, may, at his
request and with the approval of the Director, pay a Class Two
contribution instead of a Class One contribution; thereafter such
person may not revert to a Class One contributor unless and until he
ceases to be self-occupied and informs the Director of such change:
Provided that the Director shall not give his approval unless
the applicable rate of Class Two contributions as payable by the
self- occupied person himself exceeds the aggregate applicable rate
of Class One contribution payable by the employer and by the
employed person; and he shall revoke such approval with effect
from such date which he determines to be the date on which the
said condition ceases to be satisfied.
Contributions by 
outworkers, tourist 
guides, and drivers 
of Government 
impressed vehicles 
and certain farmers 
and fishermen. 
Amended by: 
XIII.1991.4; 
VIII.1992.4;
XXI.1996.9’
II. 1999.6.
15. (1) A self-occupied person who is liable to pay a Class
Two contribution under the provisions of this Act, other than those
of article 14, and who is engaged by another person to perform
services as an outworker or as a tourist guide or as a driver of a
Government impressed vehicle shall be entitled to receive from
such person or from Government, as the case may be, in addition to
the remuneration due to him under the terms of his agreement, an
amount corresponding to 1/16 of the remuneration payable for such
services, towards the payment of Class Two contributions payable
under this Act by such a self-occupied person.
 
Cap. 278.
(2) With effect from the 6th January, 1992, a self-occupied
person who is a member of a farmers’ or fishermen’s co-operative
primary society in terms of the Co-operative Societies Act and who
is considered by the Director of Agriculture and Fisheries to be a
full-time farmer or a full-time fisherman shall be entitled to
retrieve from the Director of Agriculture and Fisheries the
equivalent of one-half of the contribution which he would have
been liable to pay under this Act on that part of his annual net
income derived solely from farming or fishing, as the case may be;
and for this purpose the words "farmer" and "fisherman" shall
include a dairy farmer, an animal, poultry or fish breeder and an
animal, poultry or fish rearer, and the words "farming" and
"fishing" shall be construed accordingly.
(3) For the purposes of sub-article (1), "outworker" means a
person engaged to perform services in the physical manufacture of
any article in his own time and in a place not provided by the
person with whom he is so engaged, and who is remunerated at
piece rates, and "Government impressed vehicle" means any
vehicle which is impressed by Government in accordance with any
procedure which is laid down by Government for this purpose.
  16      CAP. 318. h                SOCIAL SECURITY
Cap. 452.
(4) With effect from the 5th January, 1998, a self-occupied
person who is engaged as a casual social assistant by the
Department for the Care of the Elderly, shall be entitled to retrieve
from the Director, Care of the Elderly, the equivalent of the
increase in the rate of the social security contribution payable by
such person as a result of the cost-of-living increase awarded by
Government in the rate of the national minimum wage as is payable
to persons of eighteen years of age or over under the provisions of
the Employment and Industrial Relations Act.
Crediting of 
contributions. 
Amended by: 
XX.1987.4; 
XVI.1990.6; 
XIII.1991.5; 
VIII.1992.5;
XXI.1996.10;
II. 2002.61.
Cap. 147 - 
Repealed. 
16. (1) When a person pays his first contribution under this
Act he shall become entitled to a credited contribution for every
calendar week falling between the first day of the contribution year
immediately preceding the one in which he paid his first
contribution and the last day of the calendar week immediately
preceding the week in respect of which his first contribution had
been paid; and, for this purpose, if the first contribution had been
paid under the provisions of the National Insurance Act, as in force
prior to the commencement of this Act, such contribution shall be
deemed to have been paid under the provisions of this Act.
(2) Contributions shall be credited to - 
( a ) a widow, where such widow is not gainfully occupied,
and whether she is entitled to a pension in respect of
widowhood or not, for any period during which she
does not remarry and provided her deceased husband
had paid 156 contributions prior to his death; 
( b ) with effect from the 5th January, 1987, an ex-member
of the Malta Police Force or of the Armed Forces of
Malta who retires or has retired from the service on a
full pension from Government as his employer on
completion of service prior to reaching pension age,
for any period during which he is not gainfully
occupied and has not yet reached pension age; and 
( c ) any citizen of Malta who goes abroad as a volunteer
worker on projects in the areas of human welfare and
development and environmental protection which are
recognized as such by the Minister in advance, for any
period during which he is performing such volunteer
work and has not yet reached pension age; sohowever
that, for this purpose, any such number of credited
contributions shall in no case exceed an aggregate of
260 in any period of 10 years in such volunteer work:
Provided that where any such volunteer work as
aforesaid in this paragraph was performed between the
5th January, 1981 and the 6th January, 1991 the
foregoing provisions of this paragraph shall also apply
if the Minister is satisfied that the projects on which
such volunteer work was performed were restricted to
the areas aforesaid in this paragraph; sohowever that
any credited contributions that have to be awarded in
accordance with the foregoing provisions of this
paragraph shall cover consecutive periods starting
  SOCIAL SECURITY  g CAP. 318.        17
from the 6th January, 1991 backwards. 
(3) A contribution shall also be credited to any insured
person-
( a ) for any calendar week for each day of which in terms
of articles 18, 28 and 30 he is entitled to Sickness
Benefit, or Injury Benefit, or Unemployment Benefit,
or Special Unemployment Benefit, or for any calendar
week during which he is entitled to Invalidity Pension,
Increased Invalidity Pension or, prior to reaching
pension age, a National Minimum Pension under
article 26, or for any calendar week during which he is
entitled to a Carer’s Pension under article 68 and at
any time prior to his becoming entitled to a Carer’s
Pension as aforesaid in this paragraph was employed
in insurable employment or was self-occupied and
immediately prior to his becoming entitled to such
Carer’s Pension had -
(i) paid a total of 156 contributions; and
(ii) paid or been credited with an average of at least
20 contributions  per annum ;
since attaining his 18th birthday;
Cap. 343.
( b ) if he is normally employed in insurable employment or
self-occupied and normally relies on such employment
or self-occupation for his livelihood, for any calendar
week each day of which is for him a day of incapacity
for work or, a day of unemployment and either
registered under Part One of the Register kept in
accordance with the provisions of the Employment and
Training Services Act, or certified by the Corporation
established by the Act aforesaid to be unemployable
and for this reason is registered under Part Three of the
said Register:
Provided that the provisions of this paragraph
shall not apply where -
(i) had such person not been self-occupied
immediately prior to his incapacity for work, he
would not have become entitled to a certificate
of low income under and in accordance with the
provisions of article 12;
(ii) such person had not been in insurable employment
of self-occupation or registered under Part One of
the Register kept in accordance with the provisions
of the Employment and Training Services Act, or
certified by the Corporation established by the Act
aforesaid to be unemployable, and for this reason
is registered under Part Three of the said Register,
immediately before his entitlement to a credit in
terms of this paragraph ;
( c ) for any calendar week falling between 1st April, 1978,
and 5th January, 1990, during which he would have
  18      CAP. 318. h                SOCIAL SECURITY
been entitled to an Invalidity Pension were it not for
the fact that such pension had been fully abated in
accordance with the provisions of that Act as in force
up to the 5th January, 1990.
(4) A contribution credited under this article for any calendar
week shall be - 
( a ) a Class Two contribution if it is credited on the ground
that the person - 
(i) is a widow to whom sub-article (2)( a ) applies; or
(ii) is entitled to Sickness Benefit or to Injury
Benefit or to an Invalidity Pension or to an
Increased Invalidity Pension or, prior to
reaching pension age, to a National Minimum
Pension, or to a Carer’s Pension, and when last
gainfully occupied prior to becoming entitled to
such benefit or pension as aforesaid in this sub-
paragraph was a self-occupied person;
(iii) is entitled to such a credited contribution in
virtue of sub-article (3)( c ) and immediately prior
to his becoming an invalid was a self-occupied
person;
( b ) a Class One contribution in any other case.
(5) Where a contribution is credited under this article only one
contribution shall be credited to a person for any one calendar
week, and no contribution shall be credited for any one calendar
week for which a Class One or a Class Two contribution is payable
by or in respect of him under this Act.
Cap. 147 - 
Repealed.
(6) A contribution which prior to the 3rd day of April, 1978
had been credited as a Class Three contribution under the
provisions of the National Insurance Act, as in force up to that date
shall be deemed to be a credited Class Two contribution in respect
of a person who was not self-occupied.
Contributions vis-
a-vis entitlement to 
certain benefits and 
pensions.
Amended by:
XIII.1991.6;
VIII.1992.6.
17. (1) The contribution conditions for the payment of
Sickness Benefit, Unemployment Benefit and Special
Unemployment Benefit payable in accordance with articles 18 and
30 shall be as set out in the Eleventh Schedule to this Act.
(2) The contribution conditions for the payment of a pension
under article 26, Part IV (other than a Survivor’s Pension) and Part
V (other than a Two-Thirds Pension) of this Act shall be as set out
in the Eleventh Schedule to this Act.
(3) For the purposes of determining whether a person is entitled
to any one of the benefits referred to in sub-article (1), insofar as
contributions are concerned - 
( a ) Class One contributions paid at any time in respect of
fictitious employment and any Class One contributions
credited in accordance with article 16(4)( b ) in virtue
of sub-article (2)( b ) of the said article 16 shall not be
taken into account;
  SOCIAL SECURITY  g CAP. 318.        19
( b ) Class Two contributions, whether paid or credited,
shall not be taken into account in connection with - 
(i) any claim for Unemployment Benefit, or Special
Unemployment Benefit; and
(ii) any claim for Sickness Benefit, unless the
Director is satisfied that such contributions had
been paid in respect of periods during which the
person concerned was self-occupied.
(4) For the purpose of determining whether a person is entitled
to any one of the pensions referred to in sub-article (2), insofar as
contributions are concerned - 
( a ) Class Two contributions deemed to be so by virtue of
article 4 and of article 16(5), Class Two contributions
which have not been paid from a gainful activity, Class
One contributions credited in accordance with article
16(4)( b ) in virtue of sub-article (2)( b ) of the said
article 16 and Class Two contributions credited in
accordance with article 16(4)( a )(i) shall not be taken
into account in connection with any claim for a
pension under article 26;
( b ) Class One contributions paid at any time in respect of
fictitious employment shall not be taken into account
in connection with any claim for a pension (other than
a pension payable under Part IV of this Act) referred to
in sub-article (2) save as provided for in article 55.
(5) Where a person would be entitled to a pension payable
under the articles referred to in sub-article (2) but for the fact that
the relevant contribution conditions are not satisfied as regards the
yearly average of contributions paid or credited, that person shall
nevertheless be entitled, if the said yearly average is not less than
20, to a pension of that kind at the reduced rate specified for a
pension of that kind in the Twelfth Schedule to this Act.
PART III
BENEFITS, ALLOWANCES AND PARTICULAR PENSIONS
Sickness Benefit. 
Amended by: 
XX.1987.5; 
XVI.1989.4; 
XIII.1991.7; 
VIII.1992.7; 
XXV.1994.2; 
XXVII.1995.2;
XXI.1996.11.
18. (1) Subject to the provisions of this Act, an insured person
who has not yet reached his retirement age and who satisfies the
relevant contribution conditions, shall be entitled to Sickness
Benefit in accordance with Part I of the Third Schedule to this Act
for any day of incapacity for work, excluding any day in which,
whether incapacitated or not, such person would not have been
required to attend to work in the normal course of his duties:
Provided that in any uninterrupted period of incapacity for
work, the maximum number of consecutive days in respect of
which Sickness Benefit may be paid shall, in no case, exceed six:
Provided further that -
( a ) entitlement to such benefit as aforesaid in this sub-
  20      CAP. 318. h                SOCIAL SECURITY
article shall cease forthwith if the incapacity for work
is, at any time, considered by the Director to be of a
permanent nature or such as will render the insured
person concerned incapable for work for a period
exceeding three years and is entitled to a pension in
respect of invalidity under and in accordance with the
provisions of article 26; and for this purpose the
provisions of paragraph ( a ) of the proviso to article
106, insofar as they refer to the medical consultations
that need to be made by the Director before allowing
the claim for such a pension, shall not apply; and
( b ) where an insured person becomes entitled to benefit as
aforesaid in this sub-article, if his spell of incapacity
for work extends into a new benefit year which is
related, in terms of the Eleventh Schedule to this Act,
to two consecutive contribution years during which
less than 20 contributions had been paid or credited in
his respect, such person shall, nonetheless, but save as
provided for in sub-articles (5) and (6), remain entitled
to Sickness Benefit as aforesaid in this sub-article till
the last day of such spell of incapacity for work.
(2) Such Sickness Benefit shall not be paid for the first three
days of each spell of incapacity for work in respect of which it
would otherwise be payable in terms of sub-article (1) hereof.
(3) A self-employed person shall not be entitled to Sickness
Benefit unless the Director is satisfied that the person making the
claim for such benefit is normally self-occupied and would have
been self-occupied but for that incapacity.
(4) For the purposes of this article, a day shall not be treated as
a day of incapacity for work unless the person concerned proves to
the satisfaction of the Director that he is incapable for work on that
day by reason of some specific disease or bodily or mental
impairment or that he is under treatment or observation for a
disease or a bodily or mental impairment as aforesaid.
(5) Save as provided for in paragraph ( c ) of the proviso to
article 106, Sickness Benefit shall be paid for any day of incapacity
for work but shall not exceed in the aggregate a maximum of 156
days in any calendar year; sohowever that where the person making
a claim for such benefit - 
( a ) undergoes any major surgical operation or intervention
or suffers a severe injury or is afflicted by some
serious disease which requires a long treatment before
such person may resume work, payment of Sickness
Benefit as aforesaid in this sub-article may be
approved by the Director for any further number of
days, not exceeding 156, beyond the limit aforesaid in
this sub-article as may be deemed fit by the Director in
the circumstances of the case and provided that in any
such case the aggregate maximum number of days
payable by way of Sickness Benefit within any two-
year period, calculated on a calendar basis, shall not
  SOCIAL SECURITY  g CAP. 318.        21
exceed 468; and
( b ) has previously been paid any benefit under the
provisions of this article or any Unemployment
Benefit or Special Unemployment Benefit under the
provisions of article 30, the grand total of benefit days
by way of these benefits added together shall, in no
case, exceed at any time the grand total number of
reckonable contributions paid by the person
concerned:
Provided that if the person making a claim for such benefit
is disqualified from receiving such benefit in accordance with sub-
article (6), such person shall have his entitlement to Sickness
Benefit for that calendar year during which the disqualification is
imposed reduced by the number of days of such disqualification.
(6) A person shall be disqualified from receiving Sickness
Benefit for any period as may be decided by the Director - 
( a ) if he has refused medical examination as may have
been required by the Director or, without good cause,
failed to attend for, or to submit himself to, such
medical examination as may have been required by the
Director or, without a good medical reason, failed to
submit himself to such medical treatment as may have
been appropriate in his case; or
( b ) if he has behaved in a manner likely to retard his
recovery; or
( c ) if he is absent without good cause from his place of
residence.
Types of Medical 
Assistance.
19. Medical Assistance shall be of the following kinds: 
( a ) Sickness Assistance;
( b ) Leprosy Assistance;
( c ) Tuberculosis Assistance; 
( d ) Free Medical Aid;
( e ) Milk Grant.
Sickness 
Assistance. 
Amended by: 
XVI.1989.5; 
XVI. 1990.7; 
XXV.1994.5;
XXI.1996.12.
20. (1) Subject to the provisions of this Act, a person who is
the head of household shall be entitled to Sickness Assistance
under this article if he proves to the satisfaction of the Director
that- 
( a ) he, or a member of his household, is suffering from a
disease, or is in a condition, mentioned in Part I of the
Fifth Schedule to this Act, which could be alleviated
or cured by a special diet or regimen which requires an
expenditure not normally incurred by the household,
and the person in respect of whom such assistance is
claimed is neither an employed person nor a self-
occupied person; sohowever that, in the case of a
person who on the date of claim for such assistance is
suffering from chronic schizophrenia, whether or not
  22      CAP. 318. h                SOCIAL SECURITY
this condition could be alleviated or cured by a special
diet or regimen, entitlement to Sickness Assistance
would still accrue if the person who is suffering from
such a condition proves to the satisfaction of the
Director that he has been undergoing regular treatment
for such a condition for at least 3 years and that within
the 3 months immediately prior to his claim for such
assistance his condition had been investigated by a
psychiatrist who is or was a consultant psychiatrist in
Government employment and certified by the said
psychiatrist to be suffering from such a condition;
( b ) the total weekly means of all the members of his
household calculated in accordance with the
provisions of Part II of the Second Schedule to this Act
do not exceed the scale rate for that household as
determined by the Seventh Schedule to this Act.
(2) A head of household who is in receipt of Social Assistance
or an Age Pension or a Carer’s Pension under this Act, shall be
deemed not to have means exceeding the scale rate for that
household as aforesaid.
(3) Where any member in respect of whom Sickness Assistance
is payable, is or becomes an inmate of a state-owned hospital or a
state-owned institution, the right for such assistance in his respect,
excluding any such assistance payable in connection with chronic
schizophrenia, shall not be extinguished during the first six months
starting from his first day of admission to such hospital or
institution unless it is a state-owned institution for the care and
welfare of old people as is specified by the Minister by notice in the
Gazette for the purpose of article 93(1)( a ) in which case the right
for such assistance shall be extinguished from the first day of his
admission into such a state-owned institution.
Leprosy 
Assistance.
21. (1) Subject to the provisions of this Act, a person who is
the head of household shall be entitled to Leprosy Assistance if he
shows to the satisfaction of the Director that he or any member of
his household is receiving treatment for leprosy.
(2) Where such head of household has been continuously in
receipt of Leprosy Assistance since the 14th April, 1975 at the rate
applicable on that date, he shall continue to receive such assistance
at that rate, as long as he is not entitled to a higher rate of Leprosy
Assistance in terms of the provisions of this Act.
(3) Sub-article (2) shall not apply where there has been a
change of circumstances in the household.
Tuberculosis 
Assistance.
Amended by:
II. 2002.62.
22. Subject to the provisions of this Act, a person who is the
head of household shall be entitled to Tuberculosis Assistance if he
shows to the satisfaction of the Director that he or any member of
his household is suffering from tuberculosis.
Free Medical Aid.  
Amended by: 
XIII. 1991.8; 
XXV.1994.2,6.
23. (1) Subject to the provisions of this Act, a person who is
the head of household shall be entitled to such Free Medical Aid as
is specified hereunder, that is the supply of such drugs, spectacles,
  SOCIAL SECURITY  g CAP. 318.        23
dentures, and other prosthetic aids as in the opinion of the Chief
Government Medical Officer are indicated in his case and are
available, if he shows to the satisfaction of the Director that - 
( a ) on account of bodily or mental impairment, sickness or
disease, which does not require treatment in a hospital,
he or any member of his household is in need of
medical, surgical or pharmaceutical aid; and
( b ) the total weekly means of all the members of his
household calculated in accordance with the
provisions of Part III of the Second Schedule to this
Act do not exceed the scale rate for that household, as
determined by the Eighth Schedule to this Act:
Provided that the Chief Government Medical Officer shall
consult, before forming his opinion, with one or more medical
consultants drawn from a panel appointed by the Minister:
 Provided further that, where the person concerned is suffering
from Auto-Immune Enteropathy as certified by a consultant
Paediatrician, the Free Medical Aid referred to above shall include
Total Parenteral Nutrition.
(2) Where the person in need of such aid is not the head of
household or his wife, the head of such household shall not be
entitled to Free Medical Aid if the weekly means of the person in
respect of whom such aid is required, calculated as if he formed a
household of his own, exceed the scale rate for one person as
determined by the aforementioned Eighth Schedule.
(3) The condition set out in sub-article (1)( b ) shall not apply
when the person in respect of whom Free Medical Aid is required is
suffering from tuberculosis, leprosy or poliomylitis or afflicted by
diabetes mellitus or the after effects of any such diseases or from
one of the diseases or conditions specified in Part II of the Fifth
Schedule to this Act.
Milk Grant.
who is in receipt of Social or Tuberculosis Assistance under this
Act, shall be entitled to a Milk Grant if he shows to the satisfaction
of the Director that he or any member of his household has the care
or custody of a child under forty weeks of age who requires
weaning or complementary feeding or who cannot be breast-fed for
health reasons, and such grant shall continue to be paid until such
child reaches forty weeks of age.
Amounts payable 
by way of 
assistance.
Amended by:
II. 2002.63.
25. The weekly amounts payable under the provisions of this
Act by way of Sickness Assistance, Leprosy Assistance,
Tuberculosis Assistance and Milk Grant shall be those set out in the
Ninth Schedule to this Act.
Pensions in respect 
of invalidity. 
Amended by: 
XVI. 1990.8; 
XIII.1991.9; 
VIII.1992.8; 
XXV.1994.2;
XI.2000.14.
26. (1) Subject to the provisions of this Act, a person shall be
entitled to an Invalidity Pension or Increased Invalidity Pension or
National Minimum Pension at one of the rates specified in the
Twelfth Schedule to this Act if - 
( a ) immediately before his claim he has been continuously
in full-time or regular part-time employment or self-
  24      CAP. 318. h                SOCIAL SECURITY
occupation for a period of not less than twelve months,
and he has been incapable for suitable full-time or
regular part-time employment or self-occupation by
reason of a serious disease or bodily or mental
impairment (other than any mild mental disorder or
disturbance) for such number of months or part thereof
immediately before his claim as the Director may
determine in the appropriate circumstances of the case;
and
( b ) his incapacity as aforesaid is considered by the
Director to be of a permanent nature or, if its
permanency cannot be conclusively established, is
considered by the Director as prohibiting such person
from suitable full-time or regular part-time
employment or self-occupation for not less than three
years from the date of claim for such pension, in which
case such person shall only be entitled to receive a
pension under this article for such number of years as
the Director may determine; and
Cap. 343.
( c ) in the case of a person who satisfies the provisions of
paragraph ( a ) and who subsequently was registered
under Part One of the Register kept in accordance with
the provisions of the Employment and Training
Services Act, such person was so registered for a
period of not less than twelve months; and
( d ) on the day immediately preceding his claim for such
pension he satisfies the relevant contribution
conditions as specified in article 17.
(2) Where a person is entitled to a Service Pension - 
(i) with effect from the first Saturday of January,
1992, if his Service Pension and the rate of
Invalidity Pension applicable in his case
together exceed two-thirds of his pensionable
income, such a person shall be entitled to an
Invalidity Pension; or 
(ii) if his Service Pension and the rate of Invalidity
Pension applicable in his case together do not
exceed two-thirds of his pensionable income,
such a person shall be entitled to an Increased
Invalidity Pension or such part thereof as shall
ensure that the aforementioned two-thirds are
not exceeded; or
(iii) if the date of first entry in insurable employment
of such person falls on or after the 1st day of
April, 1978, such person shall not be entitled to
an Invalidity Pension but to an Increased
Invalidity Pension or such part thereof as shall
ensure that his Increased Invalidity Pension and
Service Pension combined shall not exceed two-
thirds of his pensionable income; or 
(iv) if his Service Pension together with the rate of
  SOCIAL SECURITY  g CAP. 318.        25
Invalidity Pension or Increased Invalidity
Pension applicable in his case is less than the
rate of National Minimum Pension applicable in
his case, then notwithstanding the provisions of
the foregoing paragraphs of this sub-article, such
person shall be entitled to the National
Minimum Pension abated by his Service
Pension.
(3) For the purposes of sub-article (2), when a person has been
in employment for less than thirty years in the aggregate prior to
his becoming an invalid, the references to the proportion of two-
thirds shall be substituted by references to the proportion that the
number of completed months of service bears to 540. When
however the proportion which the Service Pension of a person
bears to his wage or salary and other pensionable emoluments
immediately before his becoming an invalid is higher than the
proportion computed as aforesaid, the references to the proportion
of two-thirds shall be substituted by references to such higher
proportion, but shall in no case be substituted by a proportion
higher than two-thirds.
(4) Where any of the posts on which the pensionable income of
a person is to be computed no longer exist, it shall be substituted by
such analogous post in the Government service or in any parastatal
organization which carried a wage or salary most nearly
corresponding to that of the post in question at the time when it was
last occupied by the pensioner.
(5) For the purposes of this article, in calculating the
pensionable income referred to in sub-article (2)(i), (ii) and (iii),
the provisions of article 58 shall also apply.
(6) A person who is not entitled to a Service Pension shall be
entitled under this article to a National Minimum Pension, the
highest rate of which shall be equivalent to -
( a ) in the case of a married man who is maintaining his
wife, four-fifths, and
( b ) in the case of any other person, two-thirds,
Cap. 452.
of the national minimum wage as is applicable to persons of 18
years of age or over established by a National Standard Order
issued under the Employment and Industrial Relations Act during
the period in respect of which the pension is due.
(7) Any pension arrived at in accordance with the provisions of
this article, shall, where the pensioner concerned or his wife, as the
case may be, is an inmate of a state-owned hospital or institution in
accordance with article 93, be apportioned in such form and
manner as provided for in the said article 93.
(8) Any pension payable under this article shall be reassessed
annually from the first Saturday of the year of the reassessment by
substituting for the pensionable income the aggregate of such
pensionable income and such other amount as indicated in
paragraphs (i) or (ii), as the case may be, of article 59(3); and for
this purpose the word "retirement" therein shall have the same
  26      CAP. 318. h                SOCIAL SECURITY
meaning as the words "his becoming an invalid in terms of this
Act".
Disability Pension 
and Pension for the 
Visually Impaired. 
Amended by:
XX. 1987.6; 
XIV. 1988.5; 
XVI. 1989.6; 
XVI. 1990.9;
XIII. 1991.10;
VIII. 1992.9;
XXIV. 1993.4;
XXV. 1994.2,7;
XXVII. 1995.3;
XXI. 1996.13;
II. 1999.7.
27. (1) Save as provided for in article 96 and subject to the
other provisions of this Act, a person who - 
( a ) has attained the age of sixteen years; and
( b ) is certified to be suffering from a mental severe
subnormality or to be a severely disabled person in
accordance with the provisions of this Act, or to be
suffering from cerebral palsy; and
( c ) shows to the satisfaction of the Director that - 
(i) he is a citizen of Malta and normally resides in
Malta; and
Cap. 452.
(ii) his weekly means calculated in accordance with
the provisions of Part V of the Second Schedule
to this Act do not exceed the national minimum
wage as is applicable to persons of eighteen
years of age or over established by a national
standard order issued under the Employment and
Industrial Relations Act;
Cap. 452.
shall be entitled to a Disability Pension under this Act the highest
rate of which, including any increases in terms of the provisions of
article 90, shall be equivalent to 55% of the national minimum
wage as is applicable to persons of eighteen years of age or over
established by a national standard order issued under the
Employment and Industrial Relations Act during the period in
respect of which such pension is due, and in accordance with the
provisions of sub-article (3).
(2) Subject to the provisions of this Act, a visually impaired
person who -
( a ) has attained the age of fourteen years; and
( b ) produces such certificates regarding his visual
impairment, as the Director may, in particular cases,
require; and
( c ) shows to the satisfaction of the Director that - 
(i) he is a citizen of Malta and normally resides in
Malta; and
Cap. 452.
(ii) his weekly means calculated in accordance with
the provisions of Part V of the Second Schedule
to this Act do not exceed the national minimum
wage as is applicable to persons of eighteen
years of age or over established by a national
standard order issued under the Employment and
Industrial Relations Act;
shall be entitled to a Pension for the Visually Impaired under this
Act in accordance with the provisions of sub-article (3).
(3) A person who becomes entitled to a pension under sub-
article (1) or (2) shall, if his weekly means calculated as aforesaid
  SOCIAL SECURITY  g CAP. 318.        27
in this article - 
Cap. 452.
( a ) do not exceed the equivalent of the difference between
the aforesaid the national minimum wage as is
applicable to persons of eighteen years of age or over
established by a national standard order issued under
the Employment and Industrial Relations Act and the
rate of pension applicable in his case in accordance
with Part III of the Sixth Schedule to this Act, be
entitled to a pension in accordance with the
aforementioned Part III; or
Cap. 452.
( b ) exceed the equivalent of the difference between the
aforesaid the national minimum wage as is applicable
to persons of eighteen years of age or over established
by a national standard order issued under the
Employment and Industrial Relations Act and the rate
of pension applicable in his case in accordance with
Part III of the Sixth Schedule to this Act, be entitled to
such rate of pension as shall ensure that such pension
and his weekly means calculated as aforesaid in this
article together do not exceed the national minimum
wage as is applicable to persons of eighteen years of
age or over established by a national standard order
issued under the Conditions of Employment
(Regulation) Act;
sohowever that save as provided for in article 96 and in the second
proviso to paragraph 4 of Part V of the Second Schedule to this
Act, where a married man and his wife both qualify for a pension
under the provisions of this article or of article 66, any such
pension as is payable to the wife shall cease to be payable.
(4) Where a person who is entitled to a pension under this
article is or becomes an inmate of a state-owned hospital or a state-
owned institution he shall still be entitled to such pension during
the first six months starting from the first day of his admission to
such hospital or institution unless it is a state-owned institution for
the care and welfare of old people as is specified by the Minister by
notice in the Gazette for the purposes of article 93(1)( a ) in which
case, from the first day of his admission to such a state-owned
institution, such a person shall not be entitled to a pension in
accordance with sub-article (3) but to a pension at the applicable
rate in accordance with Part VI of the Sixth Schedule to this Act
and, if applicable, the house rent provided for in Part V of the Sixth
Schedule to this Act.
Cap. 452.
(5) For the purposes of sub-articles (1) to (3), the national
minimum wage as is applicable to persons of eighteen years of age
or over established by a national standard order issued under the
Employment and Industrial Relations Act referred to for whatever
purpose therein, shall automatically be increased from time to time,
as the case may be, by the applicable wage increases taking effect
from 1st April, 1989, that may be required by law to be awarded
generally.
  28      CAP. 318. h                SOCIAL SECURITY
Injury Benefit.
Amended by:
II. 1999.8.
28. (1) Subject to the provisions of this Act, where an insured
person who has not yet reached his retirement age suffers personal
injury caused by accident arising out of or in the course of his
employment or self-occupation, or has developed any of the
diseases specified in the first column of the Fourth Schedule to this
Act (being a disease due to the nature of his work), then Injury
Benefit shall be payable to him in accordance with Part I of the
Third Schedule to this Act if within a period of twelve months from
the date of the accident or the onset of the disease, he is, as a result
of the injury or disease, incapable of work:
Provided that notwithstanding the fact that any such disease
may not be specified in the said Fourth Schedule to this Act, Injury
Benefit may nonetheless be payable if the Director is satisfied that
the disease developed due to the nature of his work:
Provided further that where a person - 
(i) is disqualified from receiving Injury Benefit in
accordance with sub-article (6), he shall have his
entitlement to such benefit reduced by the
number of days of disqualification;
(ii) is found to be suffering from pneumoconiosis,
accompanied by pulmonary tuberculosis, the
effect of tuberculosis shall be treated, for the
purposes of the disease specified in the Fourth
Schedule to this Act, as if they were the effects
of the pneumoconiosis.
(2) Subject to the provisions of article 92, Injury Benefit shall
not be payable in respect of an accident happening to a person
while he is outside Malta, unless the accident arises out of or in the
course of his employment or self-occupation as is specified in
article 13 or in the proviso to paragraph 1 of Part I of the First
Schedule to this Act or in paragraph 2 of the said Part I of the First
Schedule.
(3) An accident happening to a person while he is - 
( a ) travelling as a passenger to or from his place of work
in any vehicle (including a ship, vessel or aircraft)
which is in any way provided or paid for directly by
his employer; or
( b ) anywhere within the precincts of the premises or place
where he is usually employed or self-occupied, and the
cause of the accident is directly connected with the
work being carried out in those premises or in that
place;
shall be deemed to arise out of or in the course of his employment
or self-occupation.
(4) An accident happening to a person in or about any place of
work at which he is for the time being employed for the purposes of
his employer’s trade or business or self-occupied shall be deemed
to arise out of or in the course of his employment or self-
occupation if it happens while he is taking steps on an actual or
supposed emergency at that place of work to rescue, succour or
  SOCIAL SECURITY  g CAP. 318.        29
protect persons who are, or are thought to be or possibly to be,
injured or imperilled, or to avert or minimise serious damage to
property.
(5) The Injury Benefit payable under this article shall be paid
in respect of any day (excluding any day on which, whether
incapacitated or not, such person would not have been required to
attend to work in the normal course of his duties) and during which
as a result of the relevant injury, the person concerned is incapable
of work during the period referred to in sub-article (1):
Provided that no Injury Benefit shall be paid for the first
three days of every spell of such incapacity for work:
Provided further that in any uninterrupted period of
incapacity for work, the maximum number of consecutive days in
respect of which Injury Benefit may be paid shall, in no case,
exceed six.
(6) A person shall be disqualified from receiving Injury Benefit
for any period as may be deemed fit by the Director in the
circumstances of the case for the same reasons as indicated in
article 18(6)( a ),   ( b )   and   ( c ).
(7) For the purposes of sub-article (2) to (6) - 
(i) "injury caused by accident" includes the
development of any one of the diseases specified
as aforesaid in this article; and
(ii) "accident arising out of or in the course of his
work" includes the onset of any such disease
which is due to the nature of one’s employment
or self-occupation.
Injury Grant and 
Injury Pension. 
Amended by: 
XX. 1987.7; 
XXV.1994.2.
29. (1) Where the accident or industrial disease, as is referred
to in article 28, results in the permanent loss of physical or mental
faculty, the person concerned shall be entitled to Injury Grant or
Injury Pension in accordance with the following sub-articles of this
article:
Provided that a person shall not be entitled to receive an
Injury Grant or Injury Benefit under this article and Injury Benefit
under article 28 at the same time:
Provided further that for the purposes of this article there
shall be deemed not to be any loss of faculty at any time when the
extent of the resulting bodily or mental impairment would be
assessed in accordance with the following provisions of this article
at less than 1%.
(2) In assessing the extent of the bodily or mental impairment
aforesaid in this article, the medical panel or the medical officer
appointed by the Minister for this purpose, from time to time, shall
take account of all such bodily or mental impairments (whether or
not involving loss of earning power or additional expense) to which
the claimant may be expected to be subject as compared with a
person of the same age whose physical and mental condition is
normal, but excluding any other particular circumstances with
regard to his financial means or resources.
  30      CAP. 318. h                SOCIAL SECURITY
(3) An assessment shall state the degree of bodily or mental
impairment in the form of a percentage which shall be determined
by the aforesaid medical panel or the medical officer, and where
the extent of such bodily or mental impairment is assessed at less
than 20%, the insured person concerned shall be entitled to Injury
Grant in accordance with Part II of the Third Schedule to this Act,
and where the extent of such bodily or mental impairment is
assessed at 20% or more, but not exceeding 89%, the insured
person concerned shall be entitled to Injury Pension, the highest
rate of which shall be paid in accordance with Part III of the said
Third Schedule to this Act; sohowever that, for any extent of such
bodily or mental impairment between 20% and 89% the rate of
pension payable shall be calculated in a proportionate manner, to
the nearest whole cent, as the degree of such bodily or mental
impairment bears to 89%.
(4) Where the degree of bodily or mental impairment as is
referred to in sub-article (3) is assessed at 90% or more the person
concerned shall neither be entitled to an Injury Grant nor to an
Injury Pension but shall instead be automatically entitled to the full
rate of Invalidity Pension or Increased Invalidity Pension or
National Minimum Pension, as the case may be, in accordance with
the Twelfth Schedule to this Act.
(5) A person shall be disqualified from receiving any pension
under this article for any period as may be deemed fit in the
circumstances of the case by the Director for the same reason
indicated in article 18(6)( a )   and   ( b ).
Unemployment 
Benefit, Special 
Unemployment 
Benefit and Social 
Assistance. 
Amended by: 
XVI. 1989.7; 
XVI. 1990.10; 
XIII.1991.11; 
VIII.1992.10; 
XXIV.1993.5; 
XXV.1994.2,8; 
XXVII.1995.4;
XXI.1996.14;
II. 2002.64.
Cap. 343.
30. (1) Subject to the provisions of this Act, a person who
satisfies the relevant contribution conditions and who has not yet
reached pension age, shall be entitled to Unemployment Benefit in
accordance with Part I of the Third Schedule to this Act for any day
of unemployment, excluding Sundays, provided he is registered
under Part One of the Register kept in accordance with the
provisions of the Employment and Training Services Act;
sohowever that where the insured person is the head of household
whose total weekly means (taking account of all the members of the
household) calculated in accordance with Part VI of the Second
Schedule to this Act do not exceed the scale rate for that household,
as determined by the relevant column of Part I of the Sixth
Schedule to this Act, such insured person shall be entitled to
Special Unemployment Benefit in accordance with Part I of the
Third Schedule to this Act in lieu of Unemployment Benefit; and
whether such head of household has been in insurable employment
or not, he shall nonetheless be entitled to Social Assistance in
accordance with the provisions of this article:
Provided that where a person in respect of whom this sub-
article applies becomes self-occupied under and in accordance with
the provisions of any of the Manpower Incentive Schemes
announced by Government, he shall nonetheless remain entitled to
the assistance aforesaid during the first twelve weeks of his
becoming self-occupied if - 
( a ) on the day of his becoming self-occupied he is over
  SOCIAL SECURITY  g CAP. 318.        31
eighteen years of age but under fifty years of age; and 
( b ) during the twelve consecutive months immediately
prior to the day on which he becomes self-occupied he
had been registered under Part One of the Register as
aforesaid in this sub-article:
Provided further that, where a person becomes entitled to
Unemployment Benefit or Special Unemployment Benefit as
aforesaid in this sub-article, if his spell of unemployment extends
into a new benefit year which is related in terms of the Eleventh
Schedule to this Act to two consecutive contribution years during
which less than 20 contributions had been paid or credited in his
respect, such person shall, nonetheless, but save as provided for in
sub-article (2), remain entitled to Unemployment Benefit or Special
Unemployment Benefit, as the case may be, till the last day of such
spell of unemployment.
(2) Subject to the provisions of this Act, a person in respect of
whom sub-article (1) applies shall only be entitled to receive
Unemployment Benefit or Special Unemployment Benefit under
this article up to a maximum of 156 benefit days; sohowever that,
the grand total of benefit days by way of such benefit or Sickness
Benefit added together shall, in no case, exceed at any time the
grand total number of reckonable contributions paid by the person
concerned:
Provided that - 
(i) where his entitlement to such benefit is
exhausted he shall not requalify for such benefit
before the lapse of an aggregate period of
thirteen calendar weeks in insurable
employment since the last day of his receiving
such benefit; and
(ii) when his entitlement to such benefit is not
exhausted but is less than 156 days and he has
not been in insurable employment thereafter for
at least an aggregate period of thirteen calendar
weeks, he shall only be entitled to receive the
difference resulting between his original
entitlement and the number of benefit days
already received by way of such benefit.
Cap. 343.
(3) For the purposes of this article a person shall not be deemed
to be unemployed on any day (even though he may be, on any such
day, registered under Part One of the Register kept in accordance
with the provisions of the Employment and Training Services Act)-
( a ) if he is following any gainful occupation on that day or
has done work for which remuneration is ordinarily
payable, whether or not any remuneration has in fact
been received;
( b ) if he is on holiday;
( c ) if, notwithstanding that his employment has come to
an end or has been interrupted, he receives, in respect
of that day, wages or any payment by way of
  32      CAP. 318. h                SOCIAL SECURITY
compensation for the loss of the remuneration which
he would have received for that day if the employment
had not come to an end or been interrupted; 
( d ) if he does not ordinarily work on every day of the
week (excluding Sundays and public holidays) and
has, in the week in which the said day falls, been
employed or self-occupied to the full extent normal in
his case.
(4) A person who is the head of household and who is -
Cap. 343.
( a ) incapable of work by reason of a serious disease or
bodily or mental impairment and would, but for this
incapacity, have been gainfully occupied or registered
as unemployed under Part One of the Register kept in
accordance with the provisions of the Employment and
Training Services Act; or 
Cap. 343.
( b ) certified by the Corporation established by the
Employment and Training Services Act, to be
unemployable; or
( c ) over pension age,
shall also be entitled to receive Social Assistance under and in
accordance with the provisions of this article notwithstanding the
fact that he is not registered as an unemployed person as aforesaid
in sub-article (1).
Cap. 343.
(5) A head of household who is registered under Part Two of
the Register kept in accordance with the provisions of the
Employment and Training Services Act, and who, had he been
registered under Part One of the said Register, would have been
entitled, in accordance with this article, to Social Assistance, shall,
nonetheless, be entitled to apply for Social Assistance and have his
application referred by the Director to the Board established under
article 128, and if the Board shall determine that Social Assistance
is due to any person on behalf of that household as provided in
article 129, then the person so designated by the Board shall
become entitled to Social Assistance at such rate as the Board may,
in accordance with the provisions of the said article 129 determine.
(6) Subject to the provisions of this Act, the Social Assistance
to which a head of household is entitled shall be such weekly
amount as will bring the total weekly means of all the members of
his household, who are neither employed persons nor self-occupied
persons in terms of this Act, calculated in accordance with Part VI
of the Second Schedule to this Act, up to the scale rate of that
household, as determined by Part I of the Sixth Schedule to this
Act; sohowever that -
( a ) where in the household there are members, not being
the head of household and his wife, who are either
employed persons or self-occupied persons in terms of
this Act, such weekly amount of Social Assistance
shall be reduced by the difference obtaining between
the scale rate that would otherwise had been applicable
to the household had such members not been employed
  SOCIAL SECURITY  g CAP. 318.        33
persons or self-occupied persons as aforesaid in this
sub-article and the scale rate that is in fact applicable
to the household in respect of all the other members of
the household; and 
( b ) where the head of household is entitled to Social
Assistance by reason of his being registered under Part
One of the Register referred to in sub-article (1), such
Social Assistance shall be payable on a daily basis;
and, for this purpose, such daily rate of assistance shall
be arrived at by dividing the aforesaid weekly rate of
such assistance by six, but no such assistance shall be
payable in respect of Sundays:
Provided that - 
(i) if there are special circumstances in any
household the weekly amount of Social
Assistance may be increased by the Director as
may be appropriate to meet those circumstances;
and
(ii) where in any household a member is or becomes
an inmate of a state-owned hospital or a state-
owned institution he shall still be deemed to
form part of that household during the first six
months starting from his first day of admission
to such hospital or institution unless it is a state-
owned institution for the care and welfare of old
people as is specified by the Minister by notice
in the Gazette for the purposes of article
93(1)( a ) in which case such a member shall not
be considered as forming part of that household
from the first day of his admission to such a
state-owned institution; sohowever that where
such household consists of one member only, as
soon as his entitlement for Social Assistance, in
accordance with the provisions of this
paragraph, ceases, the house rent provided for in
Part V of the Sixth Schedule to this Act shall,
nonetheless, and if applicable, become or remain
payable, as the case may be; and 
Cap. 262.
(iii) where two or more persons have been housed
together in the community as part of a
rehabilitation programme for ex-inmates of a
state-owned hospital for mental diseases on the
recommendation of the Mental Health Review
Tribunal established under the Mental Health
Act, the Director shall consider each of such
persons as forming a household on his own;
sohowever that,   where any such person is
gainfully occupied notwithstanding the foregoing
provisions of this subarticle, he shall be entitled to
social assistance in accordance with the provisions
of this article even if he is not registered as an
unemployed person as aforesaid in subarticle (1);
  34      CAP. 318. h                SOCIAL SECURITY
and where such person is gainfully occupied,
notwithstanding the provisions of the foregoing
provisions of this subarticle, he shall be entitled to
such weekly amount by way of social assistance so
as to ensure that his total weekly means, calculated
in accordance with Part VI of the Second Schedule
to this Act, together with the scale rate as
applicable in terms of this paragraph and as
determined by Part I of the Sixth Schedule to this
Act do not exceed the national minimum wage as
is applicable to persons of 18 years of age or over
established by a national standard order issued
under the Conditions of Employment (Regulation)
Act during the period in respect of which
assistance is due ; and
Cap. 452.
(iv) where a member, other than the head of
household and his wife, is an employed person
or a self-employed person or a self-occupied
person, if his gross wage or gross income or his
gross earnings, as the case may be, does not
exceed 35% of the national minimum wage as is
applicable to persons of 18 years of age or over
established by a National Standard Order issued
under the Employment and Industrial Relations
Act, during the period in respect of which Social
Assistance is due, such a member shall, for the
purposes of this sub-article, not be deemed to be
an employed person or a self-employed person
or a self-occupied person: 
Provided further that, where any member of
the household becomes gainfully occupied as a
result of any of the Manpower Incentive
Schemes announced by Government, such
member shall not, for the purposes of awarding
and calculating any Social Assistance due to the
head of household under this article, be deemed
to be an employed person or a self-employed
person as aforesaid in this article during the first
12 weeks of his entitlement to any benefit,
income, privilege or grant accruing to him under
any of the Schemes as aforesaid, and any such
benefit, income, privilege or grant shall not be
taken into account during the aforesaid 12-week
period.
  SOCIAL SECURITY  g CAP. 318.        35
Cap. 452.
(7) Where the head of household is a single parent who is
unable to take up a full time gainful occupation as he has to take
care of his own child, he shall be entitled to social assistance in
accordance with the provisions of this article even if he is not
registered as an unemployed person as aforesaid in sub-article (1);
and where such single parent is gainfully occupied,
notwithstanding the provisions of sub-article (6), he shall be
entitled to such weekly amount by way of social assistance so as to
ensure that his total weekly means, calculated in accordance with
Part VI of the Second Schedule to this Act, together with the scale
rate as applicable to a household of two persons, as determined by
Part 1 of the Sixth Schedule to this Act do not exceed the national
minimum wage as is applicable to persons of 18 years of age or
over established by a national standing order issued under the
Employment and Industrial Relations Act during the period in
respect of which assistance is due.
(8) Where in any household there is a female who is single or
widowed, and who is also unemployed, who proves to the
satisfaction of the Director that she is taking care, all by herself, on
a full-time basis and regularly, of her parent or brother, sister,
grandparent, uncle, aunt, father or mother-in-law or brother or
sister-in-law who is living in the same household as that of such
female and who is suffering from a severe physical or mental
infirmity, as certified by a medical practitioner specialising in the
field of the infirmity denoted, or who is aged sixty years or over
and is physically or mentally unable to take care of himself and of
his day to day needs, then whether such female is registered or not
as an unemployed person as aforesaid in sub-article (1), she shall
nonetheless be entitled to Social Assistance as a separate household
in accordance with the provisions of this article but such assistance
shall not exceed 75% of the full rate applicable to a household
consisting of one person:
Provided that this sub-article shall not apply where the
person who is being taken care of has his parent or spouse living
with him in the same household and such parent or spouse is
mentally and physically capable of taking care of such person
himself.
(9) Any member of a household who is admitted into a
therapeutic community centre for the rehabilitation of drug or
alcohol addicts in Malta as may from time to time be recognised by
the Minister for the purpose of this sub-article, and who as a result
of such admittance into such a therapeutic centre becomes entitled
to assistance under this article, shall be entitled to receive an
allowance at the applicable rate in accordance with Part 1 of the
Fourteenth Schedule of this Act for as long as he is resident of a
centre as aforesaid and provided no change of circumstances takes
place in this respect.
(10)   A person who, notwithstanding the fact that he has not yet
reached the age of 60 years, is nonetheless an inmate of such a
state-owned institution for the care and welfare of old people as is
referred to in article 93(1)( a ), shall be entitled to receive an
allowance at the applicable rate in accordance with Part II of the
  36      CAP. 318. h                SOCIAL SECURITY
Fourteenth Schedule to this Act for as long as he is an inmate of
such an institution as aforesaid and provided his total weekly
means would have entitled him to assistance under this article had
he not been an inmate of such an institution.
For the purposes of this sub-article, a person as aforesaid
shall, in establishing his total weekly means, be considered as
forming a household on his own.
Cap. 16.
(11) The Director may, if he so deems fit in the circumstances of
the case, take proceedings before the competent Civil Court against
such relatives being the spouse, father, mother, sons or daughters as
the case may be, of any person in respect of whom Social
Assistance is claimed or received under this article (other than sub-
article (8) thereof) to compel them to refund any such assistance
that is paid to or on behalf of such person and the court shall order
the refund of any sum paid as Social Assistance up to such sum as
would have been due by such relatives or relative had the person to
whom Social Assistance is paid had claimed maintenance from
such relatives in accordance with the provisions of the Civil Code;
sohowever that, in any case where the spouses are separated,
whether  de jure  or  de facto , the Director shall refer the case to the
Director General (Social and Family Affairs) appointed by the
Prime Minister for his investigations and the submission of a
situation report to the Director within one month. The Director
may, if he so deems fit in the circumstances of the case, request the
aforesaid Director General to update any such reports at such
intervals as the Director may deem fit, and the Director shall take
due account of such reports in the exercise of his discretion under
this sub-article.
PART IV
PENSIONS IN RESPECT OF WIDOWHOOD
Pensions in respect 
of widowhood.
Substituted by:
XIII.1991.12.
Amended by:
VIII.1992.11;
XXI.1996.15.
31. A widow whose husband satisfies the relevant contribution
conditions as provided under article 17 on the date of his death, or
whose husband died as a result of personal injury caused by an
accident arising out of or in the course of his employment or self-
occupation, or deemed to be so in accordance with the provisions of
article 28, or as a result of an industrial disease as is referred to in
the said article 28, shall be entitled to a Widow’s Pension at the
pertinent rate shown in the Twelfth Schedule to this Act, or to a
Survivor’s Pension; and where this widow has the care and custody
of a child of her late husband, her rate of pension under this article
shall be increased in respect of each such child by -
( a ) the applicable additional allowance in accordance with
the Twelfth Schedule to this Act where an allowance
under article 76 is being paid in respect of such child;
or
( b ) the applicable additional allowance in accordance with
the Twelfth Schedule to this Act where an allowance
under article 76 is being paid in respect of such son or
  SOCIAL SECURITY  g CAP. 318.        37
daughter and the widow concerned is neither in
insurable employment nor self-occupied and such son
or daughter has not yet reached his or her 18th
birthday; sohowever that, where a widow is entitled to
an increase in her rate of pension under this paragraph
she shall not be entitled to the increase referred to in
paragraph ( a ).
Non-eligibility to a 
pension in 
widowhood. 
Amended by: 
XVI. 1990.11; 
XIII.1991.13; 
VIII.1992.12;
XXI.1996.16.
Cap. 452.
32. (1) Notwithstanding the provisions of article 31, a widow
who is gainfully occupied, shall not be entitled to any pension
mentioned in that article unless - 
(i) she proves to the satisfaction of the Director that
her earnings from any gainful occupation do not
exceed a weekly average equivalent to the
National Minimum Wage as is applicable to
persons of 18 years of age or over established by
a National Standard Order issued under the
Employment and Industrial Relations Act, and
the Employment and Training Corporation had
been duly informed of such gainful occupation:
Provided that no account shall be taken of
the earnings derived from membership of any
Board, committee, commission or council
established by or under any law or of such
classes of earnings as the Minister may declare
by order, published in the Gazette; or
(ii) she is over the age of sixty-five years.
(2) Notwithstanding the provisions of sub-article (1), a widow
under the age of 60 years who is taking care of her son or daughter
in respect of whom an allowance under article 76 is being paid and
such son or daughter has not yet reached his or her 18th birthday
shall still be entitled to a pension payable under this Part whilst she
is gainfully occupied, whatever the earnings derived therefrom.
Widow’s Pension 
to be abated by 
pension from late 
husband’s 
employer. 
Added by: 
XIII.1991.14.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXII.1997.3.
33. Where a widow is entitled to receive a Widow’s Pension
under this Part, her rate of such pension shall be abated by any
pension that she is entitled to receive from a former employer of
her late husband in connection with his employment. So however
that, such abatement shall not exceed the amount that would have
been payable to the widow by the employer of her late husband,
had her husband died immediately after the date of the initial award
of his service pension:
Provided that the amount by which her Widow’s Pension
under this Part may be abated in accordance with this article shall
not exceed Lm7.63 per week. 
Increased Widows’
Pension. 
Added by:
XXI.1996.17.
Amended by:
XXII.1997.4;
II. 1999.9.
33A. (1) With effect from January 6, 1996, the rate of widows’
pension as abated in terms of article 33 and the proviso thereto,
shall be increased so as to ensure that such rate of pension together
with the rate of pension, as adjusted in accordance with the
provisions of this Act, such widow receives from a former
employer of her deceased husband, if any, is not less than the
  38      CAP. 318. h                SOCIAL SECURITY
applicable single rate of an Increased Retirement Pension payable
in terms of article 47(1)(ii), provided that such rate of pension does
not exceed the two-thirds pension that was or would have been
payable to the deceased husband in accordance with Part V of this
Act.
(2) With effect from the date mentioned in sub-article (1),
where a widow is not entitled to receive a pension from any of her
husband’s former employers, the rate of widow’s pension under
this Act to which she is entitled, shall be so increased to ensure that
such rate of pension is not less than the applicable rate of the
Increased National Minimum Pension payable in terms of article
63, provided that such rate of pension does not exceed five-sixths
of the two-thirds pension that was or would have been payable to
the deceased husband in accordance with Part V of this Act.
Survivor’s 
Pension. 
Amended by: 
XVI.1990.15; 
XIII.1991.17; 
VIII.1992.13.
Re-numbered by:
XXIV. 1993.2.;
Amended by:
XXI.1996.18.
34. Subject to the provisions of this Part, a widow whose
husband at the time of his death was or, but for the provisions of
article 45, would have been entitled to a Two-Thirds Pension under
this Act, shall, if it is to her advantage, be entitled to a Survivor’s
Pension in lieu of any other pension payable under the foregoing
provisions of this Part:
Provided that with effect from the 6th January, 1990, the
foregoing provisions of this article shall also apply in the case of a
widow whose husband has not yet reached his retirement at the
time of his death but who before such death had been an employed
person or a self-employed person or a self-occupied person for not
less than ten years in the aggregate and had paid the proper rate of
contributions under this Act at any time after the 21st day of
January, 1979.
Full rate of 
Survivor’s 
Pension. 
Amended by: 
XX.1987.8; 
XVI.1990.16; 
VIII.1992.14.
Re-numbered by:
XXIV. 1993.2.
35. Save as provided for in the proviso to article 37, the full
rate of a Survivor’s Pension shall be five-sixths of the Two-Thirds
Pension that was or would have been payable to the deceased
husband in accordance with Part V of this Act:
Provided that with effect from the 1st January, 1987, where
the deceased husband had been, prior to reaching pension age,
entitled to a pension under article 26, and at any time thereafter
ceased to be entitled to such pension as a result of his becoming
gainfully occupied, any contributions credited under article 16
while the deceased husband was entitled to such pension shall, for
the purpose of assessing her right to a Survivor’s Pension, be taken
into account; sohowever that any such number of credited
contributions as is taken into account shall not exceed the number
of contributions paid by the deceased husband between the date of
his cessation of entitlement to such pension and the date of his
retirement:
Provided further that for the purposes of calculating a
Survivor’s Pension under the provisions of this Part, the Director
shall ignore any increase in any wage, salary or income reckoned
for the purpose of assessing the pensionable income of the
deceased husband which does not appear to him to be  bona fide.
  SOCIAL SECURITY  g CAP. 318.        39
Survivor’s Pension 
plus pension from 
late husband’s 
employer not to 
exceed two-thirds 
of pensionable 
income. 
Amended by:
VIII.1992.15.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXII.1997.5.
36. Where the widow is in receipt of a pension from a former
employer of the deceased pensioner which is in any way related to
the employment of the deceased pensioner prior to his death, if
such pension, as adjusted in accordance with the provisions of this
Act, and the rate of Survivor’s Pension applicable in her case
together exceed two-thirds (or such other fraction as may have been
substituted therefor in accordance with article 55) of the
pensionable income of the deceased pensioner or, where the latter’s
pension had been reassessed in accordance with the provisions of
article 59, of the amount substituted for such pensionable income at
the time of the last such reassessment, the rate of Survivor’s
Pension shall, save as provided for in the proviso to article 37, be
abated by such an amount as will ensure that the aforementioned
two-thirds are not exceeded.
Reassessment of 
Survivor’s 
Pension. 
Amended by: 
XIII.1991.18; 
VIII.1992.16.
Re-numbered by:
XXIV. 1993.2.
37. A Survivor’s Pension payable under the foregoing articles
shall be reassessed annually in accordance with the provisions of
article 59(1); and for the purposes of such reassessment the pension
that would have been payable to the deceased pensioner in
accordance with article 53 shall be determined as provided in
article 59(3):
Provided that any such reassessed Survivor’s Pension shall
be such as shall ensure to the widow an increase in pension of not
less than two-thirds of the wage increase that is required by law to
be awarded generally; sohowever that, where the yearly average of
contributions paid by or credited to her husband in accordance with
the provisions of articles 53 and 55 is less than 50 but not less than
15, the proportion of two-thirds referred to above in this proviso
shall be multiplied by the proportion that the yearly average of such
contributions bears to 50, and the result of such multiplication shall
substitute the said proportion of two-thirds.
Disqualification 
from certain 
benefits.
Re-numbered by:
XXIV. 1993.2.
Amended by: 
XXV.1994.2.
38. A widow who is in receipt of a Survivor’s Pension may not
receive any Sickness, Unemployment, Special Unemployment, or
Injury Benefit or any Injury Grant or Injury Pension under this Act.
Entitlement to 
higher pension.
Amended by:
XIII.1991.21.
Re-numbered by:
XXIV. 1993.2.
39. A widow who is entitled to a Survivor’s Pension and also
to a Widow’s Pension under this Part, shall only be entitled to the
higher of such pensions.
Remarriage grant.
Substituted by: 
XIII.1991.22. 
Amended by: 
VIII.1992.17.
Re-numbered by:
XXIV. 1993.2.
40. A widow who is in receipt of any pension under this Part
shall, immediately upon remarriage, cease to be entitled to such
pension; sohowever that, where such widow is in receipt of such a
pension, she shall receive instead, by way of a Remarriage Grant, a
lump sum, payable on a once only basis, equivalent to -
( a ) where the widow was in receipt of a Widow’s Pension,
52 times the weekly rate of Widow’s Pension that is
payable to her immediately before such remarriage; or
( b ) where the widow was in receipt of a Survivor’s
Pension, 52 times the weekly rate of Widow’s Pension
that would otherwise had been payable to her
  40      CAP. 318. h                SOCIAL SECURITY
immediately before such remarriage had she not been
in receipt of a Survivor’s Pension.
Payment of certain 
benefits under the 
National Insurance 
Act. 
Amended by: 
XIII.1991.24.
Re-numbered by:
XXIV. 1993.2.
Cap. 147 - 
Repealed.
41. Notwithstanding any other provisions of this Act, a widow
who on the 1st day of June, 1979, was in receipt of a Widow’s
Pension or a Widow’s Benefit or a Widow’s Allowance or a
Widow’s Special Allowance in accordance with the provisions of
the National Insurance Act, as in force on that date, shall remain
entitled under this Act to such pension, benefit or allowance as the
case may be, for so long as she would have remained so entitled
had those provisions remained operative after the date aforesaid
unless with effect from the 5th January 1991 the foregoing
provisions of this Part entitle her to a better rate of pension.
Widow in state-
owned hospital or 
institution.
Re-numbered by:
XXIV. 1993.2.
42.   A widow who receives any pension or benefit under this
Part of this Act and who is an inmate of a state-owned hospital or
institution as provided under article 93 shall have such pension or
benefit apportioned in the manner provided under that article.
Widower’s 
Pension. 
Added by: 
XIII.1991.25.
Re-numbered by:
XXIV. 1993.2.
Amended by:
II. 1999.10.
43.   The foregoing provisions of this Part shall also apply,
mutatis mutandis , in the case of a widower.
PART V
PENSIONS IN RESPECT OF RETIREMENT
Entitlement to a 
pension in respect 
of retirement. 
Amended by: 
XVI.1990.19.
Re-numbered by:
XXIV. 1993.2.
44. Subject to the other provisions of this Act, a person shall
be entitled to a Retirement Pension, or Increased Retirement
Pension or National Minimum Pension or Increased National
Minimum Pension at one of the rates specified in the Twelfth
Schedule to this Act or a Two-Thirds Pension at such a rate as is
established in accordance with the provisions of articles 53 to 57
with effect from the date of his retirement if - 
( a ) on the date of his retirement he satisfies the relevant
contribution conditions; and
( b ) he makes a claim therefor within six months of such
date. When he does not make a claim within six
months of his retirement the pension shall be payable
with effect from the day on which the claim is made.
Disqualification 
from a pension in 
respect of 
retirement. 
Amended by: 
VIII.1992.18.
Re-numbered by:
XXIV. 1993.2.
Cap. 452.
45. A person under the age of sixty-five years shall be
disqualified from receiving a pension under this Part during any
period in which he is gainfully occupied if he fails to prove to the
satisfaction of the Director that his earnings from such gainful
occupation do not exceed a weekly average equivalent to the
National Minimum Wage as is applicable to persons of 18 years of
age or over established by a National Standard Order issued under
the Employment and Industrial Relations Act, and the Employment
and Training Corporation had been duly informed of such gainful
occupation:
Provided that no account shall be taken of the earnings
  SOCIAL SECURITY  g CAP. 318.        41
derived from membership of any Board, committee, commission, or
council established by or under any law or such classes of earnings
as the Minister may declare by order published in the Gazette.
Option of widow 
claiming a pension 
in respect of 
retirement. 
Amended by: 
XVI.1990.20.
Re-numbered by:
XXIV. 1993.2.
46. When the person applying for a pension under this Part is a
widow, she shall be entitled to elect that, in calculating the yearly
average of the contributions paid by or credited to her, there shall
be treated as so paid or credited either - 
( a ) for each of her contribution years falling wholly or
partly before her husband’s death, or
( b ) for each of her contribution years falling wholly or
partly during the period of her marriage,
a number of contributions equal to the yearly average of the
contributions paid or credited to her husband (being the yearly
average which was ascertained in connection with her claim for a
pension under Part IV of this Act, or would have been so
ascertained if she had made such a claim) instead of the number of
contributions actually paid by or credited to her for that year.
Entitlement to 
Retirement 
Pension and 
Increased 
Retirement 
Pension. 
Amended by: 
XX. 1987. 9; 
XIII.1991.26.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXI.1996.19.
47. (1) Subject to the provisions of this Act, where a person
is entitled to a Service Pension - 
(i) with effect from the first Saturday of January,
1991, if his Service Pension and the rate of
Retirement Pension applicable in his case
together exceed two-thirds of his pensionable
income, such person shall be entitled to a
Retirement Pension; or 
(ii) if his Service Pension and the rate of Retirement
Pension applicable in his case in terms of the
foregoing provisions of this sub-article together
do not exceed two-thirds of his pensionable
income, such a person shall be entitled to an
Increased Retirement Pension or such part
thereof as shall ensure that the aforementioned
two-thirds of his pensionable income are not
exceeded. So however that, subject to the
maximum rate of pension payable as laid down
in article 54( b ), for the purposes of awarding a
Two-Thirds pension, such rate of Increased
Retirement Pension as may be applicable in his
case, utilizing the same yearly average of
contributions taken in the award of such
pension, may be further increased by one-third
of the difference obtaining by deducting the sum
total of his service pension and the applicable
rate of Increased Retirement Pension payable to
him from the amount that is equivalent to two-
thirds of his pensionable income.
(2) For the purposes of this article the "current basic weekly
wage or basic salary" shall be taken to be that current on the first
Saturday of the year in respect of which any payment under this
article falls due.
  42      CAP. 318. h                SOCIAL SECURITY
No right to 
particular pensions 
after 16th January, 
1979. 
Amended by: 
XVI. 1990. 21.
Re-numbered by:
XXIV. 1993.2.
48. If the date of first entry in insurance of a person falls on or
after the 16th day of January, 1979, such a person shall not be
entitled to a Retirement Pension or to an Increased Retirement
Pension or to a National Minimum Pension or to an Increased
National Minimum Pension under this Part, but shall be entitled to
the pension mentioned in article 52 under the conditions therein
mentioned.
Proportion of 
completed months 
of service.
Re-numbered by:
XXIV. 1993.2.
49. For the purposes of article 47, where a person has been in
employment for less than thirty years in the aggregate prior to his
retirement, the references to the proportion of two-thirds shall be
substituted by references to the proportion that the number of
completed months of service bears to 540:
Provided that, where the proportion which the Service
Pension of a person bears to his wage or salary and other
pensionable emoluments on which the said Service Pension was
based is higher than the proportion computed as aforesaid, the
references to the proportion of two-thirds shall be substituted by
references to such higher proportion, but the references to the
proportion of two-thirds shall in no case be substituted by a
proportion higher than two-thirds.
National Minimum 
Pension.  
Amended by: 
XVI. 1990. 23; 
XIII.1991.27.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXV.1994.9.
Cap. 452.
50. Subject to the provisions of this Act, a person who is not
entitled to a Service Pension shall be entitled under this Part to a
National Minimum Pension, the highest rate of which, including
any increases in terms of the provisions of article 90A, shall be
equivalent to -
( a ) in the case of a married man who is maintaining his
wife, four-fifths, and
( b ) in the case of any other person, two-thirds
of the national minimum wage as is applicable to persons of 18
years of age or over established by a National Standard Order
issued under the Employment and Industrial Relations Act during
the period in respect of which such pension is due.
Decreased 
National Minimum 
Pension.
Re-numbered by:
XXIV. 1993.2.
51. Notwithstanding the provisions of articles 47 and 49,
where a person is entitled to a Service Pension and his Service
Pension together with the rate of Retirement Pension or Increased
Retirement Pension applicable in his case is less than the rate of
National Minimum Pension applicable in his case, such a person
shall be entitled to the National Minimum Pension abated by his
Service Pension.
Qualifying 
condition for a 
Two-Thirds 
Pension. 
Amended by: 
XVI. 1990. 24.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXI.1996.20.
52. A person - 
( a ) who has been an employed or self-employed or self-
occupied person for not less than ten years in the
aggregate prior to his retirement; and
( b ) whose retirement occurs on or after the 16th day of
January, 1979; and
( c ) who has paid the proper rate of contribution under this
Act at any time after the 21st day of January, 1979;
and 
  SOCIAL SECURITY  g CAP. 318.        43
( d ) is not disqualified under article 45;
shall be entitled to a Two-Thirds Pension under and in accordance
with the provisions of this Part in lieu of a Retirement Pension, or
Increased Retirement Pension or National Minimum Pension or
Increased National Minimum Pension, if the rate of such two-thirds
Pension is more advantageous to the pensioner.
Full rate of the 
Two-Thirds 
Pension. 
Amended by: 
XIII.1991.29; 
VIII.1992.19.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXIV.1993.6;
XXI.1996.21;
II. 1999.11.
53 . (1) The full rate of the Two-Thirds Pension mentioned
under article 52 shall be two-thirds of the pensionable incomes of
the insured person who has paid or been credited with a yearly
average of fifty contributions over a period -
(i) of thirty years, or
(ii) in the case of a person who is entitled to a
pension under article 26, for such other smaller
number of years, or
(iii) in awarding a Survivor’s pension in accordance
with the proviso to article 34, for such other
smaller number of years as may correspond to
the number of years since the eighteenth
birthday of the deceased spouse and the date of
his death,
as corresponds to the number of years from the 1st day of January,
1956, or if the person so elects, from the 1st day of January, 1965,
up to the end of the contribution year immediately preceding his
retirement:
Provided that - 
( a ) the period of years to be taken into account in
accordance with this article shall include the last ten
consecutive years ending on the last day of the
contribution year immediately preceding his
retirement; and
( b ) save as provided for in paragraph ( d ) of this proviso,
no account shall be taken of contributions credited
under article 16 while the person was entitled to a
pension under article 26; and
( c ) in the case of a self-employed person who has paid
less than 156 contributions after the 21st day of
January, 1979, where the Director is satisfied that such
lack of contributions was due to circumstances beyond
the control of the self-employed person concerned, the
said proportion of two- thirds shall be substituted by
such other proportion as the number of contributions
paid after the 21st day of January, 1979, bears to 234;
otherwise, such self-employed person shall not be
entitled to a Two-Thirds Pension under this article but
shall instead be entitled to a pension as is payable
under and in accordance with the other provisions of
this Part; and 
( d ) with effect from the 1st January, 1987, where a person
was, at any time, entitled to a pension under article 26,
  44      CAP. 318. h                SOCIAL SECURITY
and thereafter ceased to be entitled to such pension as
a result of his becoming gainfully occupied, any
contributions credited under article 16 while he was
entitled to such pension shall, for the purposes of
assessing his right to a Two-Thirds Pension under this
Act, be taken into account notwithstanding the
provisions of paragraph ( b ) of this proviso; sohowever
that, any such number of such credited contributions as
is taken into account shall not exceed the number of
contributions paid by him between the date of his
cessation of entitlement to such pension and the date
of his retirement:
Provided further that, where a person had paid contributions
after the 21st January 1979 and was at any time thereafter entitled
to a pension under article 26, with effect from the 4th January,
1992, any contributions credited under article 16 after the 21st
January 1979 while he was entitled to such pension shall, for the
purposes of assessing his right to a Two-Thirds Pension under this
Act, be taken into account notwithstanding the fact that thereafter
he never ceased to be entitled to such pension as aforesaid in the
foregoing proviso of this paragraph; sohowever that, any such
number of such credited contributions after the 21st January, 1979
as is taken into account shall not exceed the number of
contributions paid by him after the 21st January, 1979.
(2) The provisions of sub-article (1) (other than the provisions
of paragraph   ( d ) of the first proviso thereto and the provisions of
the second proviso thereto and any references to the said paragraph
( d ) in paragraph ( b ) of the said first proviso) shall have effect as
from the 22nd day of January, 1979.
(3) For the purposes of this article, and with effect from the
22nd January, 1979, in arriving at the yearly average of
contributions referred to in sub-article (1), the yearly average of the
contributions as is related to the last ten consecutive years referred
to in paragraph ( a ) of the proviso to the aforesaid sub-article (1)
and the yearly average of the contributions as is related to the years
immediately prior to the said last ten consecutive years shall be
assessed separately and the mean of these two yearly averages shall
constitute the yearly average of contributions that is required under
this Act for the purpose of awarding a Two-Thirds Pension.
Minimum and 
maximum rates of 
the Two-Thirds 
Pension. 
Amended by: 
XVI. 1990. 26; 
XIII.1991.30; 
VIII.1992.20.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXIV.1993.7; 
XXV.1994.10; 
XXVII.1995.5.
Substituted by:
XXI.1996.22.
54. Where a person qualifies for the full Two-Thirds Pension
under article 53, then, notwithstanding the provisions of that
article, but subject to the provision of paragraph   ( c ) of the proviso
thereto, that person shall in no case receive - 
( a ) less than the full rate of a National Minimum Pension,
inclusive of the additional allowance, payable
according to such person’s marital status, as is
specified in the Twelfth Schedule to this Act; or 
(b) more than the highest rate of a Two-Thirds Pension in
accordance with the Twelfth Schedule to this Act.
  SOCIAL SECURITY  g CAP. 318.        45
Reduced rates of 
the Two-Thirds 
Pension.
Re-numbered by:
XXIV. 1993.2.
55. Where a person would be entitled to the full rate of a Two-
Thirds Pension but for the fact that the yearly average of 50
contributions required by article 53 is not satisfied, such person
shall nonetheless be entitled, if the said average is not less than 15
to a reduced Two-Thirds Pension; and for the purpose of
determining such reduced pension the proportion of two-thirds
referred to in articles 53 and 54 or any other proportion substituted
therefor in accordance with proviso ( c ) of the said article 53 shall
be multiplied by the proportion that the yearly average of
contributions paid or credited (other than those credited under
article 16 while the insured person was entitled to a pension under
article 26) bears to 50, and the result of such multiplication shall
substitute the said proportion of two-thirds.
Abatement of the 
Two-Thirds 
Pension due to 
Service Pension. 
Amended by: 
XVI.1989.9. 
Substituted by: 
XVI.1990.27. 
Amended by: 
VIII.1992.21.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXIV.1993.8;
XXII.1997.6.
56. Where a person is entitled to a Service Pension, other than
a Service Pension which has been commuted, at any time, in whole,
any pension arrived at in accordance with the provisions of articles
53 to 55 of this Part shall be abated by the amount of such Service
Pension.
Entitlement to 
more advantageous 
pension.
Re-numbered by:
XXIV. 1993.2.
57. Where a person qualifies for a pension under article 26 and
under Part IV of this Act and for a pension under this Part, he shall
be entitled to receive the pension which is more advantageous to
him, but only such pension; but when in accordance with this Part a
Two-Thirds Pension is paid to him, he shall continue to receive
only that pension.
Increases not 
considered to be 
bona fide . 
Substituted by: 
XVI. 1989.10.
Re-numbered by:
XXIV. 1993.2.
58. For the purposes of this Part, in calculating the pensionable
income, the Director shall ignore any increase in any wage, salary
or income reckoned for the purpose of assessing or reassessing
such pensionable income - 
( a ) which is meant to substitute - 
(i) any form of fringe benefit and/or personal
drawings, whether ex-cash or ex-bank, to which
the person concerned would have otherwise been
entitled from his employer; and
(ii) any other form of income or remuneration which
was previously receivable by the person
concerned from any source and in respect of
which no contribution was payable; and
( b ) any other increase in such wage or salary which does
not appear to the Director to be  bona fide .
  46      CAP. 318. h                SOCIAL SECURITY
Annual 
reassessment of 
pensions. 
Amended by: 
XVI.1990.29; 
XIII. 1991.31; 
VIII.1992.22.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXIV.1993.9; 
XXV.1994.11;
XXI.1996.23.
59. (1) Any pension issued under this Part shall be reassessed
annually with effect from the first Saturday in January of the year
of the reassessment as provided for in the following sub-articles of
this article.
(2) In the case of a person whose retirement occurred before
the 22nd day of January, 1979 - 
(i) if on retirement he was an employed person,
such reassessment shall be effected by
substituting for the pensionable income the
current wage or salary, as on the effective date
of the reassessment, of the post he occupied
immediately before his retirement or of the post
on which the Service Pension was awarded,
whichever is the higher;
(ii) if on retirement he was a self-employed or self-
occupied person, such reassessment shall be
effected by substituting for the pensionable
income the current wage or salary, as on the
effective date of the reassessment, of the post on
which the Service Pension was awarded.
(3) In the case of a person whose retirement occurs on or after
the 22nd day of January, 1979, such reassessment shall be effected
by substituting for the pensionable income the aggregate of such
pensionable income and - 
(i) if he is to be treated as an employed person, the
amount by which the current wage or salary of
the highest post occupied during the best
consecutive period on which his pensionable
income had been computed exceeds, on the
effective date of the reassessment, the wage or
salary of the last post on which his pensionable
income had been computed on the date of
retirement; sohowever that, where the aforesaid
highest post was in Government service or so
analogued in terms of this sub-article, with
effect from the 5th January 1991 the aforesaid
current wage or salary pertaining to such highest
post shall be that currently paid to the occupier
of the current post in terms of and in accordance
with the new wage/salary structure for
Government employees as implemented by
Government with effect from 1st January 1991;
and, for this purpose, any service increments
that would become payable with effect from 1st
January 1994 in accordance with the aforesaid
new wage/salary structure to the occupier of
such highest post shall only be taken into
account if such increments have already been
acquired prior to his retirement:
 Provided that where the said best
consecutive period ends on the last day of the
year immediately preceding his retirement or his
  SOCIAL SECURITY  g CAP. 318.        47
becoming an invalid in terms of this Act, as the
case may be, the reference to the "highest post"
in this sub-paragraph shall include any post
occupied by the pensioner up to the date of his
retirement or invalidity as aforesaid;
(ii) if he is to be treated as a self-employed or self-
occupied person, the total wage increases
required by law to be awarded generally in
respect of the period intervening between the
date of retirement and the effective date of the
reassessment.
(4) Where any of the posts referred to in the foregoing
provisions of this article no longer exists, - 
( a ) if such post was occupied in Malta, there shall be
substituted therefor such analogous post in Malta in
the service of the Government of Malta or, where such
analogous post does not exist in the service of the
Government of Malta, in the service of any parastatal
organization in Malta, which carried a wage or salary
most nearly corresponding to that of the first
mentioned post at the time when it was last occupied
by the pensioner; or
( b ) if such post was occupied outside Malta, - 
(i) where a Service Pension has been awarded to the
pensioner on such post, there shall be substituted
therefor such analogous post in the country
where such employment existed as is available
in the service of the Government of that country
or, where such analogous post does not exist in
the service of that Government, in the service of
any parastatal organization in that country,
which carried a wage or salary most nearly
corresponding to that of the first mentioned post
at the time when it was last occupied by the
pensioner; and
(ii) where no Service Pension has been awarded to
the pensioner on such post, the provisions of
paragraph ( a ) of this proviso shall apply
notwithstanding the fact that such post was
occupied outside Malta.
(5) For the purposes of this article but save as provided for in
article 54, the amount to be substituted for the pensionable income
shall be greater than the amount substituted for the pensionable
income on the occasion of the previous reassessment by a sum of
not less than that of the total wage increases required by law to be
awarded generally in respect of the period following the said last
reassessment; and where a reassessment is made for the first time,
the amount to be substituted for the pensionable income of a person
shall be greater than his pensionable income by not less than the
total wage increases as aforesaid in respect of the period following
the date of his retirement.
  48      CAP. 318. h                SOCIAL SECURITY
(6) For the purposes of this article, with effect from the 22nd
day of January 1979, in establishing the current wage or salary
pertaining to a post which had been occupied by the pensioner prior
to his retirement, any service incremental stages, if any, within the
wage or salary scale pertaining to that post shall only be taken into
account if such incremental stages had already been reached by the
pensioner prior to his retirement.
Pension based on 
credited 
contributions.
Re-numbered by:
XXIV. 1993.2.
60. A person who during the last ten calendar years
immediately preceding his retirement was not liable to pay a
contribution under this Act shall not be debarred from receiving a
Two-Thirds Pension if, for each contribution week during the said
ten years, he was entitled to a credited contribution in accordance
with article 16; and, for the purpose of assessing his pensionable
income, his date of retirement shall be deemed to be the last day of
his employment or self-occupation, as the case may be.
Persons in receipt 
of a pension in 
respect of 
invalidity.
Re-numbered by:
XXIV. 1993.2.
61. The pensionable income of a person who becomes entitled
to a Two-Thirds Pension under this Part and who immediately
before becoming so entitled was in receipt of a pension under
article 26, shall be that specified in the Thirteenth Schedule to this
Act or, where the person concerned is entitled to a Service Pension,
the current wage or salary of the post on which his Service Pension
was awarded, whichever is the higher; and for this purpose the
"current wage or salary" shall be taken to be that current on the first
Saturday of the year in respect of which any payment under this
article falls due.
Pension payable to 
the single rate to a 
married man.
Re-numbered by:
XXIV. 1993.2.
Amended by: 
XXV.1994.2.
62. Where a married man becomes invalid or suffers any
permanent loss of physical or mental faculty arising out of his
employment or self-occupation in accordance with article 29, or
reaches pension age on or after the 1st day of April, 1978, and
becomes entitled to receive a pension payable under articles 26 or
29 or under Part V (excluding a Two-Thirds Pension) of this Act,
then, if his wife is in her own right in receipt of any pension
payable under the aforementioned articles or to a Two-Thirds
Pension in accordance with the provisions of this Part, the pension
payable shall be paid at the rate applicable for a single person:
Provided that if the wife, being already in receipt of a
pension payable under the said articles or Part, shall renounce to
the right aforesaid, then the pension payable to the husband shall be
paid at the rate applicable for a married man.
Increased National 
Minimum Pension. 
Amended by: 
XVI. 1989.11.
Substituted by: 
XVI. 1990. 30.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXI.1996.24.
63. (1) A person who is entitled to a National Minimum
Pension in virtue of the provisions of articles 50 and 51 shall, in its
stead but subject to and in accordance with the following
provisions, be entitled to an Increased National Minimum Pension
at one of the rates payable in accordance with the Twelfth Schedule
to this Act, or to such part thereof, if any, as shall ensure that his
rate of such pension does not exceed two-thirds of his pensionable
income. So however, that where such rate of pension does not
exceed two-thirds of his pensionable income, subject to the
maximum rate of pension payable in terms of article 54 for the
purposes of awarding a Two-Thirds Pension, such rate of pension,
utilizing the same yearly average of contributions taken for the
  SOCIAL SECURITY  g CAP. 318.        49
award of such pension, may be further increased by one-third of the
difference obtaining by deducting such rate of pension from the
amount taken by way of two-thirds of his pensionable income.
(2) For the purposes of sub-article (1) - 
(i) the pensionable income mentioned therein shall,
in each and every case, be substituted with effect
from the first Saturday of the year in respect of
which any payment under this article falls due in
the manner provided for by article 59(3),
irrespective of the date of retirement; and
(ii) the proportion of two-thirds mentioned therein
shall, where the yearly average of contributions
ascertained in connection with the claim for a
pension under this Part is less than 50, be
multiplied by the proportion that such yearly
average bears to 50, and the result of such
multiplication shall substitute the said
proportion of two-thirds.
National Minimum 
Pension Additional 
Allowance. 
Added by: 
VIII.1992.23.
Re-numbered by:
XXIV. 1993.2.
Amended by: 
XXV.1994.12.
64. Any person who is entitled to a National Minimum Pension
in virtue of the provisions of articles 50 and 51 shall, in addition to
such pension, receive a National Minimum Pension Additional
Allowance in accordance with the Twelfth Schedule to this Act,
and, for the purposes of this Act, such allowance shall be treated as
if it were a pension payable under this Act.
Pensioners in state-
owned hospital or 
institution.
Re-numbered by:
XXIV. 1993.2.
65. A pensioner who receives any pension under this Part of
the Act and who or whose wife, as the case may be, is an inmate of
a state-owned hospital or institution as provided under article 93,
shall have such pension apportioned in the manner provided under
that article.
  50      CAP. 318. h                SOCIAL SECURITY
PART VI
OTHER PENSIONS, BENEFITS AND ALLOWANCES
Age Pension. 
Substituted by: 
XVI.1989.12. 
Amended by: 
XVI.1990.31; 
XIII.1991.32; 
VIII.1992.24.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXIV.1993.10; 
XXV.1994.13; 
XXVII.1995.6;
XXI.1996.25.
Cap. 452.
66. (1) Save as provided for in article 96 and subject to the
other provisions of this Act, a person who - 
( a ) has attained the age of sixty years; and
( b ) shows to the satisfaction of the Director that - 
(i) he is a citizen of Malta and normally resides in
Malta; and
(ii) his weekly means, calculated in accordance with
the provisions of Part IV of the Second Schedule
to this Act, do not exceed the highest rate of Age
Pension which, in the case of a married man
whose wife also qualifies for a pension in her
own right, shall be equivalent to 80%, and in the
case of widowed or single persons, up to 60% of
the national minimum wage as is applicable to
persons of eighteen years of age or over
established by a national standard order issued
under the Employment and Industrial Relations
Act during the period in respect of which such
pension is due, and as is specified in Part II of
the Sixth Schedule to this Act according to his
category, 
shall be entitled to an Age Pension under this Act in accordance
with the provisions of sub-article (2).
(2) A person who becomes entitled to a pension under sub-
article (1) shall receive such weekly rate of pension as will bring
his total weekly means calculated in accordance with the provisions
of sub-article (1) up to the highest rate of pension payable in
accordance with Part II of the Sixth Schedule to this Act;
sohowever that, save as provided for in article 96 and in the second
proviso to paragraph 4 of Part IV of the Second Schedule to this
Act, where a married man and his wife both qualify for a pension
under the provisions of this article or of article 27, any such
pension as is payable to the wife shall cease to be payable.
(3) Where a person who is entitled to a pension under this
article is or becomes an inmate of a state-owned hospital or a state-
owned institution he shall still be entitled to such pension during
the first six months starting from the first day of his admission to
such hospital or institution unless it is a state-owned institution for
the care and welfare of old people as is specified by the Minister by
notice in the Gazette for the purposes of article 93(1)( a ) in which
case, from the first day of his admission to such a state-owned
institution, such a person shall not be entitled to a pension in
accordance with sub-article (2) but to an allowance in lieu of
pension payable in accordance with Part VI of the Sixth Schedule
to this Act and, if applicable, the house rent provided for in Part V
of the Sixth Schedule to this Act.
  SOCIAL SECURITY  g CAP. 318.        51
Parent’s Pension.
Re-numbered by:
XXIV. 1993.2.
67. The parent of a person who dies as a result of a personal
injury caused by an accident arising out of or in the course of his
employment or self-occupation or deemed to be so in accordance
with the provisions of article 28 or as a result of an industrial
disease as is referred to in that article shall be entitled for life to a
Parent’s Pension at the rate set out in the Twelfth Schedule to this
Act from the date of the person’s death, if at that date he - 
(i) was being wholly or mainly maintained by him
or would but for the relevant accident have been
so maintained; and
(ii) was either over pension age, and, if under sixty-
five years of age, deemed not to be gainfully
occupied in accordance with the provisions of
article 45, or was permanently incapable of self-
support:
Provided that if the father of the deceased person is entitled
to a Parent’s Pension, the mother shall not be so entitled.
Carer’s Pension. 
Added by: 
VIII.1992.25.
Re-numbered by:
XXIV. 1993.2.
Amended by: 
XXV.1994.14;
XXI.1996.26.
Cap. 452.
68. (1) Subject to the provisions of this Act, a single or
widowed person who proves to the satisfaction of the Director
that -
( a ) he is a citizen of Malta and is regularly residing in
Malta; and
( b ) his yearly means, calculated in accordance with the
provisions of Part IV of the Second Schedule to this
Act, do not exceed the highest rate of Carer’s Pension
equivalent to 60% of the national minimum wage as is
applicable to persons of eighteen years of age or over
established by a national standard order issued under
the Employment and Industrial Relations Act, during
the period in respect of which such pension is due and
as is specified in Part IV of the Sixth Schedule to this
Act,
shall be entitled to a Carer’s Pension in accordance with sub-article
(2) if such person proves to the satisfaction of the Director that he
is taking care, all by himself, on a full-time basis and regularly of
his parent or brother, sister, grandparent, uncle, aunt, father or
mother-in-law, or brother or sister-in-law who -
(i) is living in the same household as that of such
person; and
(ii) because of infirmity is bedridden or confined to
a wheel-chair.
(2) A person who becomes entitled to a pension under sub-
article (1) shall receive such weekly rate of pension as will bring
his total weekly means calculated in accordance with the provisions
of sub-article (1) up to the highest rate of pension payable in
accordance with Part IV of the Sixth Schedule to this Act.
  52      CAP. 318. h                SOCIAL SECURITY
Orphan’s 
Allowance and 
Orphan’s 
Supplementary 
Allowance. 
Amended by: 
XVI.1990.32; 
XIII.1991.33; 
VIII.1992.26. 
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXIV.1993.11; 
XXV.1994.15; 
XXVII.1995.7;
XXI.1996.27.
69. (1) Any person who has the care of a child of another
person shall, if both parents of the child are dead and at least one of
the parents was an insured person and a citizen of Malta at the time
of his death, be entitled to an Orphan’s Allowance in accordance
with Part IV of the Third Schedule to this Act, in respect of each
such child. 
(2) Any person who has the care of the son or daughter of
another person shall, if both parents of the said son or daughter are
dead and at least one of the parents was an insured person and a
citizen of Malta at the time of his death, be entitled to an Orphan’s
Supplementary Allowance in accordance with Part V of the Third
Schedule to this Act, in respect of each such son or daughter if such
son or daughter is -
( a ) aged between 16 years and 21 years; and
Cap. 452.
( b ) not following any gainful occupation the gross
earnings of which exceed a weekly average equivalent
to the difference between the equivalent of the national
minimum wage as is applicable to persons of 18 years
of age or over established by a National Standard
Order issued under the Employment and Industrial
Relations Act during the period in respect of which
such Orphan’s Supplementary Allowance is due and
the aforesaid weekly rate of Orphan’s Supplementary
Allowance.
(3) Where the gross earnings referred to in sub-article (2)
exceed the weekly average referred to in paragraph ( b ) of the said
sub-article (2), the weekly rate of the Orphan’s Supplementary
Allowance referred to in the said sub-article (2) shall be abated by
such an amount as shall ensure that the total of such average
weekly gross earnings and any Orphan’s Supplementary Allowance
payable under this article do not exceed the equivalent of the
aforesaid national minimum wage.
(4) Where a person is in receipt of an Orphan’s Allowance
payable under sub-article (1), such person shall also be entitled to
receive the allowance which is payable in terms of article 76 in
respect of the same child, as long as he is entitled to such allowance
in terms of the articles aforesaid.
(5)   For the purposes of this article, the provisions of article
80(2) (excluding its proviso) and of articles 81 and 83 shall apply
mutatis mutandis.
Marriage Grant. 
Amended by: 
XVI.1990. 33; 
VIII.1992.27.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXVII.1995.8;
XXI.1996.28.
70.   Subject to the provisions of this Act, a person who marries
on or after the commencement date of this Act, and who was an
employed person or a self-employed or self-occupied person for at
least six months at any time prior to his marriage and is ordinarily
resident in Malta shall be entitled, by giving notice in writing to the
Director, to receive a lump sum payment in accordance with Part
III of the Fourteenth Schedule to this Act by way of a Marriage
Grant:
Provided that a person who legally contracts marriage on
more than one occasion shall be entitled to a Marriage Grant in
  SOCIAL SECURITY  g CAP. 318.        53
respect of each such marriage on condition that between one
marriage and another he was an employed person or a self-
employed or self-occupied person for at least six months.
Maternity Benefit.
Re-numbered by:
XXIV. 1993.2.
71. (1) A woman who, at any time on or after the 1st day of
January, 1981 is pregnant with child and has entered the eighth
month of pregnancy shall be entitled to Maternity Benefit under
and in accordance with the provisions of this article.
(2) A claim for Maternity Benefit shall not be accepted by the
Director unless it is made by a citizen of Malta or by a person
married to a citizen of Malta, provided the claimant is ordinarily
resident in Malta.
Cap. 452.
(3) Notwithstanding the provisions of sub-article (1), a woman
who is entitled to Maternity Leave in accordance with the
provisions of the Employment and Industrial Relations Act, and
avails herself of such leave, shall not be entitled to any Maternity
Benefit payable under this article.
Payment of 
Maternity Benefit. 
Amended by: 
XX. 1987.10; 
XVI. 1990. 34; 
VIII. 1992.28.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXV.1994.16; 
XXVII.1995.9;
XXI.1996.29.
72. (1) Maternity Benefit shall be payable in two parts as
follows:
( a ) a first payment at the rate in accordance with Part IV
of the Fourteenth Schedule to this Act for eight weeks,
upon the submission to the Director of a claim on the
form provided by the Director accompanied by a
certificate signed by a person holding the warrant to
practise the medical profession in Malta and, if the
Director so deems necessary, supported by such other
evidence as he may, in accordance with the provisions
of this Act, require showing that the claimant has
entered the eighth month of pregnancy; and 
( b ) a second payment at the rate in accordance with Part
IV of the Fourteenth Schedule to this Act for five
weeks, upon production to the Director of a certificate
from the Public Registry attesting the birth of the
child:
Provided that where a claim is made after the
birth of a child, both the first and second payments
shall be made on production of the said certificate
from the Public Registry.
(2) The periods of eight weeks and five weeks referred to in
sub-article (1) shall be deemed to cover - 
( a ) in the case of the payment referred to in paragraph ( a )
thereof, the eight weeks immediately preceding the
date of birth of the child or, if such day is not a
Saturday, the first Saturday following such day;
( b ) in the case of the payment referred to in paragraph ( b )
thereof, the five weeks commencing on the Saturday
immediately following the period referred to in
paragraph ( a ); and
( c ) in the case of a payment made in accordance with the
  54      CAP. 318. h                SOCIAL SECURITY
proviso to the said sub-article (1), the eight weeks
immediately preceding and the five weeks
commencing on the date of birth of the child, or, if
such day is not a Saturday, the first Saturday following
such day.
(3) No Maternity Benefit shall be due where the claimant has
received that benefit on three occasions before the date of the
claim, or where the claimant has, on three occasions before the date
of the claim, given birth to children other than those to whom the
claim relates, three or more of whom are living at the time of the
date of such claim:
Provided that, with effect from the 4th July, 1987, the
provisions of this sub-article shall cease to apply in respect of any
pregnancy by virtue of which the claimant enters her eighth month
of pregnancy at any time after the said date.
Supplementary 
Allowance. 
Added by: 
XIV. 1988.8. 
Amended by: 
XVI. 1989. 13; 
XVI. 1990. 35; 
XIII.1991.34; 
VIII.1992.29.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXIV.1993.12; 
XXV.1994.17; 
XXVII.1995.10;
XXI.1996.30.
Substituted by:
XXI.1996.31.
Amended by:
II. 2002.65.
73. Subject to the provisions of this Act, a head of household
who proves to the satisfaction of the Director that his yearly means,
calculated in accordance with Part VIII of the Second Schedule to
this Act, do not exceed the income limits laid down in Part V of the
Fourteenth Schedule to this Act and is not entitled to an allowance
under article 76 and 76A, shall be entitled to a supplemen-tary
allowance payable at the rates specified in the aforementioned
Fourteenth Schedule.
Limitation of 
applicability of 
Parental 
Allowance. 
Added by: 
XIV. 1988. 8.
Re-numbered by:
XXIV. 1993.2.
74. Repealed by Act XXI of 1996.
Extension of 
Parental 
Allowance to other 
persons other than 
the mother. 
Added by: 
XIV. 1988. 8.
Re-numbered by:
XXIV. 1993.2.
75. Repealed by Act XXI of 1996.
Children’s 
Allowance. 
Amended by: 
XX.1987. 11.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXV.1994.18;
XXI.1996.33;
XI.2000.15.
76. Subject to the provisions of this Act, it shall be the right of
every child in any household to have an allowance paid out in his
respect to the head of household who proves to the satisfaction of
the Director that his total yearly means, calculated in accordance
with Part VII of the Second Schedule to this Act, do not exceed the
scale rate as applicable for that household, and as determined by
Part VI of the Fourteenth Schedule to this Act, and who has the
care and custody of such child, as long as such child is the son or
  SOCIAL SECURITY  g CAP. 318.        55
daughter of the head of household or his wife, and where neither
the head of household nor his wife are the parents of such child, the
Director is satisfied that it is in the best interest of the child to
accept such head of household as being the effective custodian of
such child, and for such purpose the Director may request from the
Director General (Social and Family Affairs), who is to submit the
same within a month, a situation report as to whether such child is
best considered to form part of the relative household.
Allowance in 
respect of foster 
child, etc.
Added by:
II. 2002.66.
76A. Subject to the provisions of this Act it shall be the right of
every child who is certified by a competent authority, either as a
fostered child, or is certified as being under care in an institution,
to have an allowance paid out in his respect to the head of the
household or the head of the institution, as the case may be, at the
rates specified in Part VIII of the Fourteenth Schedule to this Act.
When an allowance under this article is due, no allowance under
article 76 shall be payable.
Disabled Child 
Allowance.  
Added by:
XIV. 1988. 9. 
Amended by:
XVI. 1989. 14; 
VIII.1992.30.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXV.1994.2,19;
XXI.1996.34;
II. 1999.12;
II. 2002.67.
77. Subject to the provisions of this Act, a child in any
household, in respect of whom an allowance under article 76 or
76A is being paid, shall also become eligible to a Disabled Child
Allowance at the rate payable in accordance with Part VII of the
Fourteenth Schedule to this Act, if that child is certified to be
suffering from cerebral palsy or from a mental severe subnormality
or to be a severely disabled person or a visually impaired person in
accordance with the provisions of this Act. So however, that such
child shall only remain eligible to an allowance under this article if
the yearly means of the head of household, calculated in
accordance with Part VII of the Second Schedule to this Act, do not
exceed the income limits as laid down in the aforementioned Part
VII of the Fourteenth Schedule, and as long as the head of
household has the care and custody of such child. For the purposes
of this article a child shall still be deemed to be a severely disabled
person if he is certified to be totally and permanently mute or
permanently deaf to a degree of no less than 70 decibels:
Provided that, where an allowance under this article is
payable in respect of a visually impaired child, that allowance shall
cease to be payable as soon as a pension under article 27 is or
becomes payable in his respect: 
Cap. 327.
Provided further that, where a child in respect of whom this
article applies reaches his 16th birthday (or his 14th birthday in the
case of a visually impaired child) and for some reason fails to
qualify for a pension under article 27, he shall remain eligible to an
allowance under this article if he is not gainfully occupied and is
still undergoing full-time education or training in an educational
institution recognized by the Government in terms of the Education
Act, and no form of remuneration or allowance (excluding any
allowance payable under this Act) is being paid to him or her
during such time.
Special Allowance. 
Re-numbered by:
XXIV. 1993.2.
Amended by: 
XXV.1994.20.
78. Repealed by Act XXI of 1996.
  56      CAP. 318. h                SOCIAL SECURITY
Entitlement to 
abandoned 
children or of 
unknown parents.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXI.1996.36.
79. Subject to the provisions of this Act, a head of household
who has the care of a child or a person whose parents are unknown
or have abandoned him shall be entitled in respect of such child or
person to the allowance payable under article 76, as a distinct and
separate entitlement to that applicable in respect of his children.
Limitation of 
applicability of 
Children’s and 
Supplementary 
Allowance.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXI.1996.37;
II. 2002.68.
80. (1) Except as may be prescribed, an allowance payable
under articles 73, 76, 76A and 79 shall not be granted unless the
head of household, or his wife - 
( a ) is a citizen of Malta; and
( b ) resides in Malta and has so resided continuously in the
three months immediately preceding the date on which
the claim for an allowance is made:
Provided that where the head of household, or his wife, is
dead, and the one who is still alive is not a citizen of Malta, the
condition set out in paragraph   ( a ) shall be deemed to have been
satisfied if the deceased was a citizen of Malta at the time of his
death.
(2) Except as may be prescribed, an allowance under articles
73, 76, 76A and 79 shall not be payable in respect of any child or
person not living in Malta:
Provided that with effect from the 1st day of November,
1974, where any person who has received the payment of an
allowance for a full thirteen week period emigrates and takes along
with him before the lapse of thirteen weeks from the date on which
payment of such an allowance was due, the children in respect of
whom such allowance was paid, the payment of such allowance for
any period not exceeding twelve weeks from the date when the
payment of such an allowance was due, shall be deemed as having
been properly received by him.
Disqualification to 
Children’s 
Allowance. 
Amended by: 
VIII.1992.31.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXI.1996.38;
II. 2002.69.
81. (1) An allowance payable under articles 76, 76A and 79
shall not be payable in respect of a person to whom a pension is
payable under article 27.
(2) Except as may be prescribed, an allowance payable under
articles 76, 76A and 79 shall neither be payable nor due outside
Malta.
Beneficiary of 
Children’s 
Allowance.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXI.1996.39;
II. 2002.70.
82. (1) An allowance due under the provisions of articles 76,
76A and 79 shall be paid to the wife, if any, of the head of
household, unless the head of household proves to the satisfaction
of the Director that, in the interest of the child or person in respect
of whom the allowance is payable, such payment is to be made to
him.
(2) For the purposes of this article and of article 80, "wife"
shall include such woman who, in the opinion of the Director, is
living with the head of household as if she were his lawful wedded
wife, and in the case where a female is, in the opinion of the
Director, the head of household, a male who in the opinion of the
  SOCIAL SECURITY  g CAP. 318.        57
Director is living with such head of household as if he were her
lawful wedded husband provided she or he is the mother or father,
as the case may be, of the child or person in respect of whom the
allowance is payable.
(3) Where, however, the husband and wife are separated  de
jure  or  de facto , or where the wife is not his lawful wedded wife but
is being treated as such in terms of sub-article (2), if such wife is
living apart from the head of household the allowances due under
articles 76 and 79 in respect of all their children shall not be taken
together as if they were living in one household but shall be
assessed separately according to the eligibility rights and the yearly
means of each respective head of household who has their effective
care and custody as provided for in articles 76 and 79.
Head of household 
to have custody of 
child. 
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXI.1996.40;
II. 2002.71.
83. An allowance paid under articles 76, 76A and 79 ceases to
be payable if the head of household no longer has the care of the
child or person in respect of whom the allowance is being paid or
where such person is eighteen years of age or over if the said
person no longer normally resides with such head of household.
Powers to make 
regulations.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXI.1996.41;
II.1999.13.
84. (1) The Minister may, from time to time, and with the
concurrence of the Minister responsible for finance make
regulations for the purposes of -
( a ) increasing the rates of benefits, grants, pensions,
assistances and allowances payable under this Act;
( b ) increasing the category of persons that may be eligible
to benefits, grants, pensions, assistances and
allowances payable in accordance with this Act;
( c ) increasing the income limits for the purpose of
establishing entitlement in assessment of means-tested
benefits, grants, pensions, assistances and allowances
payable under this Act;
Cap. 452.
( d ) increasing the basic wage, salary, income or earnings,
whenever Government awards a cost-of-living
increase in the rate of the National Minimum Wage as
is payable to persons of eighteen years of age or over
under the provisions of the Employment and Industrial
Relations Act, for the purposes of -
(i) the payment of social security contributions; and
(ii) assessing the pensionable income;
( e ) for prescribing conditions regarding nationality,
residence and place of birth to be satisfied by a
claimant, and the conditions applicable to a child or
person in respect of whom an allowance is claimed;
( f ) for prescribing circumstances in which a child or
person not living in his parent’s household may be
treated as forming part of that household or another
household;
( g ) for prescribing circumstances in which a person, other
than a parent of a child or person, may claim an
  58      CAP. 318. h                SOCIAL SECURITY
allowance in respect of such child or such person:
Provided that the Minister may not by such regulations decrease
the rate of benefit, grant, pensions, assistance or allowance payable
under this Act to any category of beneficiaries.
(2) For the purposes of sub-article (1), the Minister may by
such regulations amend or substitute any of the Schedules to this
Act or index thereto.
Subsidies to day 
care centres.
Added by:
II.1999.14.
84A. The Minister may from time to time by regulations under
this article, establish schemes, whereby subsidies may be paid by
the Director, in respect of children attending child day care centres
run by government of any other institution as may be specified in
the regulations, and may by such regulations prescribe the amount
of subsidy, the person in respect of whom such subsidy is to be
paid, and the manner in which the entitlement of such person is
assessed. Such subsidy shall in each case be paid directly to the
institution running the centre and shall not be taken into account in
calculating the income of the head of household of which the child
forms part for the purposes of this or any other law.
Bonus and 
Additional Bonus. 
Amended by: 
XX.1987. 12; 
XVI. 1990. 37; 
XIII.1991.35.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXV.1994.2,21.
85. (1) Save as provided for in article 96 and subject to the
other provisions of this Act, a person who, on any day between
January and June or between July and December is entitled to
receive any pension (excluding an Injury Pension, where this is
being paid to a person who is in insurable employment or self-
occupied), Orphan’s Allowance, Orphan’s Supplementary
Allowance, Leprosy Assistance or Social Assistance (other than
that payable by way of an allowance under the provisions of article
30(9), but including that payable under the provisions of article
30(10)) in accordance with the provisions of this Act, shall be
entitled to receive a bonus. Such bonus shall consist of a sum of
Lm58 paid every six months in June and December of each year:
Provided that notwithstanding any other provisions of this
Act, such person shall only be entitled to receive one bonus at the
same time.
(2) Save as provided for in article 96 and subject to the other
provisions of this Act, a person who becomes entitled to any
pension, assistance or allowance as is referred to in sub-article (1),
shall also be entitled to receive an Additional Bonus every four
weeks at the rate of Lm1.34 per week over and above the Bonus to
which he is entitled by virtue of sub-article (1):
Provided that notwithstanding any other provisions of this
Act, such person shall only be entitled to receive one Additional
Bonus at the same time:
Provided further that such Additional Bonus shall only
remain payable until such time as any such pension, assistance or
allowance as is referred to in the said sub-article (1) is payable.
  SOCIAL SECURITY  g CAP. 318.        59
Abatement of 
Bonus and 
Additional Bonus. 
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXV.1994.22.
Cap. 452.
86. The bonus payable to any person under article 85(1) shall
be abated by the amount of any bonus which such person is entitled
to receive from any employer in accordance with the Employment
and Industrial Relations Act, in respect of any part of the six month
period ending on the last day of June or December, as the case may
be:
Provided that where any apportionment is required under
article 87, the amount of any Bonus which the husband is entitled
to receive from any employer as aforesaid in this article and any
weekly allowance payable by any employer in terms of the Weekly
Allowance National Standard Order, 1988 shall be abated from the
Bonus and/or Additional Bonus due to the husband under article 85
before the apportionment of such Bonus and/or Additional Bonus is
made.
Apportionment of 
Bonus and 
Additional Bonus. 
Re-numbered by:
XXIV. 1993.2.
Amended by: 
XXV.1994.23.  
87. (1) Where, in the case of a married couple in respect of
whom article 96(1) and (2) do not apply, and one of the married
couple has become an inmate of an institution as is referred to in
article 93 and the provisions of the said article 93 have commenced
to apply in regards to such person, the Bonus, or part thereof, and
the Additional Bonus payable under article 85 shall each be
apportioned equally between the said couple.
(2) The provisions of sub-article (1) shall not apply where the
wife is entitled to the Bonus, or part thereof, and, or, the Additional
Bonus under this article in her own right or is in insurable
employment or self-occupied.
Benefits payable  ex 
gratia. 
Added by: 
XVI.1989. 15.
Re-numbered by:
XXIV. 1993.2.
Amended by: 
XXV.1994.24;
XXI.1996.42;
XVI. 1997.8.
88. (1) The Minister may, by order in the Gazette, provide for
the payment of an  ex gratia  benefit by way of payment of any
emergency assistance in cash or in kind by the Director General
(Social and Family Affairs) appointed by the Prime Minister to
certain categories of persons and at such rates and in such form and
manner and for such time as he may determine with the
concurrence of the Minister responsible for finance.
(2) The aforementioned Director General shall keep such
system of accounts and shall adopt such measures for the custody
of monies entrusted to him by the Director for the purposes of and
in accordance with sub-article (1)( b ) as shall be approved by the
Accountant General and all books, receipts and records kept for
this purpose shall, at all times, be open to inspection by the
Accountant General, the Auditor General and the Director.
  60      CAP. 318. h                SOCIAL SECURITY
PART VII
MISCELLANEOUS PROVISIONS IN RESPECT OF PENSIONS, 
ALLOWANCES, BENEFITS AND ASSISTANCE PAYABLE UNDER 
THIS ACT
Certain pensions 
not to be reduced. 
Amended by: 
XIII. 1991.36;
VIII.1992.32.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXIV.1993.13;
XXV.1994.25;
XXVII.1995.11.
89. No pension payable to a person under article 26 or Parts IV
or V of this Act shall be reduced by reason of any increase taking
effect after such person becomes entitled to a pension as aforesaid,
in the amount payable to such person by way of Service Pension,
or, in the case of a widow, by way of a pension from an employer
of her late husband which is related to the employment of her late
husband; sohowever that, where any such pension as is payable
under this Act needs to be increased as a result of a revision in or a
reassessment of the rates of such pension, any increases payable to
such person by way of a Service Pension or, in the case of a widow,
by way of a pension from an employer of her late husband which is
related to the employment of her late husband, taking effect after
such person or widow becomes entitled to a pension as aforesaid
shall then be taken into account:
Provided that any such increases shall not only not adversely
affect the rate of pension as is already payable to him or her
immediately before such revision or reassessment as aforesaid in
this article, but such pensioner shall, furthermore, be entitled to an
increase in his or her rate of pension under this Act equivalent to
two-thirds of the wage increase that is required by law to be
awarded generally if such revised or re-assessed pension as is
payable under this Act would otherwise entitle such pensioner to a
lower increase.
Duplicate rights.  
Amended by: 
XX.1987.13; 
XVI.1990.38; 
XIII. 1991.37; 
VIII.1992.33.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXV.1994.2,26;
XXI.1996.43;
II. 2002.72.
90. Unless specifically provided or otherwise implied in this
Act in respect of Social Assistance, an Age Pension and a Carer’s
Pension payable under this Act, where a person would be entitled,
but for this article, to two pensions, allowances, benefits or
assistance at the same time he shall not be entitled to both, but shall
be entitled to that pension, allowance, benefit or assistance which is
more advantageous or which is payable at a higher rate:
Provided that - 
( a ) the provisions of this article shall not apply in the case
of Marriage Grant, Orphan’s Allowance, Children’s
Allowance, Care allowance, Maternity Benefit,
Medical Assistance, Supplementary Allowance, Bonus
or Additional Bonus payable under this Act;
( b ) a person shall be entitled to receive two or more injury
pensions at the same time insofar as the sum of the
weekly rates of these pensions does not exceed the rate
of pension to which he would be entitled in respect of
loss of faculty which was assessed at 90% or more;
( c ) with effect from the 1st July, 1989, a person over the
age of sixty years who is or could be barred from
receiving an Age Pension under this Act because of the
provisions of article 66( b )(ii) shall not be deemed to
qualify for a Disability Pension or a Pension for the
  SOCIAL SECURITY  g CAP. 318.        61
Visually Impaired in terms of article 27 unless such
person can prove to the satisfaction of the Director that
he had been suffering from a mental severe
subnormality or from cerebral palsy or that he had
been a severely disabled person or that he had been a
visually impaired person in terms of this Act prior to
reaching his sixtieth birthday.
Increases in 
pensions and 
Social Assistance 
rates as a result of 
cost-of-living 
increases awarded 
in wages generally. 
Added by: 
XXV.1994.27. 
Amended by: 
XXVII.1995.12.
Cap. 452.
90A .  Notwithstanding any other provisions of this Act,
whenever Government awards a cost-of-living increase in the rate
of the National Minimum Wage as is payable to persons of eighteen
years of age or over under the provisions of the Employment and
Industrial Relations Act, any Social Assistance or pension payable
under and in accordance with the foregoing provisions of this Act
(including an Orphan’s Supplementary Allowance but excluding -
(i) an Injury Pension assessed at 89% or less, and
(ii) any National Minimum Pension Additional
Allowance),
shall, as from the date of such award or the date as from which such
pension or assistance becomes due, whichever is the latter date,
automatically be increased by an amount equivalent to two-thirds
of such cost-of-living increase unless a higher increase is due under
the aforesaid provisions of this Act, in which case, but save as
provided for in the Sixth and Twelfth Schedules to this Act, the
provisions of this article shall not apply:
Provided that, in the case of a National Minimum Pension as
is payable under this Act to a married man who is maintaining his
wife, the proportion of two-thirds as aforesaid in this article shall
be upgraded to four-fifths:
Provided further that, where a person is entitled to two or
more pensions as aforesaid in this article at the same time or to a
pension or pensions as aforesaid in this article which is or are being
supplemented by Social Assistance, such person shall only be
entitled to only one such automatic increase as aforesaid in this
article in respect of the same period.
Increases in certain 
allowances and 
assistances as a 
result of
cost-of-living 
increases awarded 
in wages generally. 
Added by: 
XXI.1996.44.
Cap. 452.
90B.  Notwithstanding any other provision of this Act, whenever
Government awards a cost-of-living increase in the rate of the
national minimum wage as is payable to persons of eighteen years
of age or over under the provisions of the Employment and
Industrial Relations Act, any medical assistance paid in terms of
the provisions of articles 20, 21, 22 and 24 and any allowance paid
in lieu of a pension in terms of article 27(4), and any allowance
paid in terms of article 30(10), and any allowance paid in lieu of a
pension in terms of article 66(3), and any allowance paid in terms
of article 69(1),, shall, as from the date of such award or from the
date from which such assistance or allowance becomes due,
whichever is the later date, automatically be increased by an
amount equivalent to 20% of such cost-of-living increase.
  62      CAP. 318. h                SOCIAL SECURITY
Persons in prisons.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXI.1996.45;
II. 2002.73.
91. A person shall be disqualified from receiving a pension,
benefit, allowance or assistance payable under this Act for any
period during which he is undergoing imprisonment or detention in
pursuance of a sentence passed on conviction from an offence:
Provided that where such person would have been in receipt
of the allowances payable under articles 76, 76A and 79, such
allowances shall, during any such period, be paid to the head of
household with whom the child or person, in respect of whom such
allowance is being paid, is living:
Provided further that where such person is a married man
who would have been entitled to a pension under this Act, and who,
immediately prior to being sentenced as above, was not having the
provisions of article 96 applied to him, his wife shall be entitled to
receive half the pension which would have been payable to her
husband had he not been disqualified under the provisions of this
article, provided she is not already entitled to a pension under this
Act in her own right nor is she considered to be gainfully occupied
so as to be disqualified for the purposes of article 45.
Persons abroad. 
Amended by: 
XVI. 1989.16.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXI.1996.46.
92. (1) A person shall be disqualified from receiving - 
( a ) Sickness and Injury Benefits for any period during
which he is absent from Malta unless - 
(i) he is absent in the course of employment of the
kind described in paragraph 2 of Part I of the
First Schedule to this Act; or
(ii) he proves to the satisfaction of the Director that
his absence from Malta was in connection with
his own medical treatment abroad in respect of
that sickness or injury or industrial disease
which has caused his claim for benefit;
( b ) Sickness Assistance, Leprosy Assistance, or
Tuberculosis Assistance during any period in which
the person in respect of whom such assistance is being
paid is absent from Malta unless he proves to the
satisfaction of the Director that his absence from Malta
was in connection with his own medical treatment
abroad for that condition or disease in respect of which
such assistance is being paid.
(2) Entitlement to Social Assistance or to an Age Pension
payable under this Act shall not be extinguished in respect of any
member of the household who is abroad provided the head of such
household proves to the satisfaction of the Director that such visit
abroad is in connection with the medical treatment of such person;
sohowever that the right for such assistance shall be extinguished
after the lapse of six months starting from the first day of the
person’s absence from Malta for such treatment except where such
visit abroad was approved by Government.
  SOCIAL SECURITY  g CAP. 318.        63
Residents of state-
owned homes for 
the welfare of the 
elderly.
Amended by: 
XX.1987.14; 
XVI.1989.17.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXV.1994.28.
Substituted by:
XI.2000.16.
93. (1) Subject to the provisions of this Act, where during any
period a person is in receipt of a pension, a Widow’s Benefit or a
Supplementary Allowance paid under this Act, he shall -
( a ) if he or his spouse is a resident of such a state-owned
institution for the care and welfare of old people as is
specified by the Minister by notice in the Gazette,
cease to receive such a pension, benefit or allowance
for the whole period during which he or his spouse is
so resident; and
( b ) if he or his spouse is a resident of any other state-
owned institution as is specified by the Minister by
notice in the Gazette and has been such a resident for a
period exceeding six consecutive months, cease to
receive such a pension, benefit or allowance for any
period immediately following the said six months
during which he or his spouse is so resident,
and he or his spouse shall receive, instead, a rate of pension, benefit
or allowance as may be allowed under regulations made under
subsection (2).
(2) The Minister may, with the concurrence of the Minister
responsible for finance, make regulations providing for the form
and manner in which pensions, benefits and allowances are to be
apportioned between the beneficiary, his spouse, if any, and the
Welfare Committee established under article 130.
Payments in lieu of 
pension to married 
men and their 
wives where the 
male is a resident 
of a state-owned 
hostel for the care 
and welfare of the 
elderly. 
Added by: 
XIV. 1988.10.
Re-numbered by:
XXIV. 1993.2.
94. Where during any period a married man, whose wife is not
herself in receipt of a pension in her own right or is not an inmate
of a state-owned institution as is referred to in article 93(1), is in
receipt of a pension, he shall, if he is a resident of a hostel as is
described in article 131(1)( a )(ii), cease to receive such a pension
for the whole period during which he is such a resident and he shall
receive instead 40% of the rate of pension which would otherwise
have been applicable in his case, and his wife shall be entitled to
receive a weekly payment equivalent to the remaining 60%:
Provided that, the provisions of this article shall not apply
where the wife is also a resident of such a hostel or where the wife
and husband were already living apart from one another prior to his
becoming a resident of such a hostel and were receiving a separate
pension in accordance with the provisions of article 96.
Persons benefiting 
from home-care/
home-help services 
provided by 
Government.
Added by:
XIV. 1988.10.
Re-numbered by:
XXIV. 1993.2.
95. (1) A person who is benefiting from home-care/home-help
services provided by Government as are described in article
131(1)( a )(iii) and who is at the same time receiving any pension,
including a Widow’s Benefit, or Social Assistance payable under
this Act, shall, during the whole period within which such person is
benefiting from such services, have his pension or Social
Assistance abated by Lm1 per week or, where such services include
the preparation of meals, by Lm1.50 per week; sohowever that,
where such services are being rendered to a married couple who are
living together and of whom only one is in receipt of a pension or
Social Assistance that pension or Social Assistance shall be abated
by Lm1.50 per week or, where such services include the
  64      CAP. 318. h                SOCIAL SECURITY
preparation of meals, by Lm2.25 per week.
(2) Any abatement made by virtue of the provisions of sub-
article (1) shall be paid to the Welfare Committee established by
article 130.
Separate pensions 
and split bonus and 
split additional 
bonus. 
Re-numbered by:
XXIV. 1993.2.
Amended by: 
XXV.1994.29.  
96. (1) Subject to the provisions of sub-article (2), a married
man who is in receipt of a pension payable at the married rate under
the provisions of articles 27 and 66 shall have such pension and any
Bonus and, or, Additional Bonus payable to him under article 85
apportioned equally between him and his wife - 
( a ) where either the husband or the wife requests the
Director that such half pension and/or half Bonus and,
or, half Additional Bonus be paid direct to the wife; or
( b ) where the husband and wife are  de jure  separated and
no mention is made in the judgment or contract of
separation with regards to the apportionment or
otherwise of such pension and, or, bonus and, or,
additional bonus:
Provided that such apportionment shall only take effect from
the date when the next payment of such pension and, or, Bonus and,
or, Additional Bonus is due following a written request to this
effect from any one of the two parties concerned.
(2) The provisions of sub-article (1) shall not apply where the
wife is already in receipt of any pension and, or, Bonus and, or,
Additional Bonus under this Act in her own right or where such
pension as is referred to in the said sub-article (1) is being paid in
addition to any other pension payable under this Act.
(3) Where by any court judgment or as a result of any lawful
agreement between a married couple any pension payable under the
provisions of this Act is being paid wholly or partly to the wife of
the pensioner, the Bonus and the Additional Bonus payable under
article 85 shall be paid wholly to the husband unless there is a court
judgment to the contrary or unless the married couple otherwise
agree.
Time and manner 
of making claims. 
Amended by: 
XIV. 1988.11; 
XVI.1990.40; 
XIII.1991.38; 
VIII.1992.35.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXV.1994.2;
XXI.1996.47;
II. 1999.15.
97 . (1) It shall be a condition of any person’s right to any
benefit, pension, allowance or assistance granted under the
provisions of this Act that - 
( a ) he makes a claim therefor on the form provided by the
Director for that benefit, pension, allowance or
assistance or in such other manner as the Director may
otherwise determine in respect of any particular
benefit, pension, allowance or assistance or with
respect to any particular claim, and that this claim is
officially received by the Department within the
respective time limits laid down in sub-article (2);
( b ) he produces such certificates, documents, information
and evidence for the purpose of determining his right
to such benefit, pension, allowance or assistance as the
Director may, from time to time, require and for that
  SOCIAL SECURITY  g CAP. 318.        65
purpose attends at such office or place as the Director
may appoint.
(2) The time limits referred to in paragraph   ( a ) of sub-article
(1) shall be as follows:
( a ) in the case of Sickness Benefit and Injury Benefit, ten
days starting from the first day of incapacity for work; 
( b ) in the case of Unemployment Benefit or Special
Unemployment Benefit, Social Assistance, Medical
Assistance, an Age Pension, a Disability Pension, a
Pension for the Visually Impaired, a Carer’s Pension, a
Pension in respect of Invalidity or a Supplementary
Allowance, five days starting from the day in respect
of which the claim is made;
( c ) in the case of a Marriage Grant, a Maternity Benefit, a
Children’s Allowance, a Disabled Child Allowance or
a Pension in respect of Retirement or Widowhood, six
months starting from -
(i) the day on which the child is born, in respect of
a Maternity Benefit, a Children’s Allowance and
a Disabled Child Allowance;
(ii) the day on which the person concerned reaches
his retirement, in the case of a Pension in respect
of Retirement;
(iii) the day on which the female concerned becomes
a widow, in the case of a Pension in respect of
Widowhood; and 
(iv) the day of marriage, in the case of a Marriage
Grant:
Provided that if no claim is made for any of the aforesaid
benefits, pensions, allowances or assistance within the aforesaid
time limits, entitlement to such benefits, pensions, allowances and
assistance shall only accrue as from the date on which the relevant
claim is accepted by the Director as having been officially received
by the Department; sohowever that in the case of a Marriage Grant
or Maternity Benefit no entitlement to such benefit shall accrue
after the lapse of the period referred to in paragraph ( c ):
Provided further that - 
(i) for the purposes of this sub-article any such
claim as aforesaid in this sub-article shall not be
accepted as having been officially received by
the Department unless and until it bears such
official departmental stamp as may be
determined by the Director, which stamp shall
include the date on which such a claim had been
so officially received by the Department; and
(ii) where the person making a claim for such
benefit, pension, allowance or assistance as
aforesaid proves to the satisfaction of the
Director that any delay in having his claim
  66      CAP. 318. h                SOCIAL SECURITY
officially received by the Department was not
due to any negligence on his part, the Director
may, at his discretion, consider the claim as
having been officially received in good time,
either -
( a ) if such a delay does not exceed a period of
one hundred and four weeks, or
( b ) in the case of a Disabled Child Allowance if
the delay was due in the time taken to
process conclusive medical evidence of
such disability, or
( c ) in the case of a Children’s Allowance, if
such allowance was in payment prior to the
first Saturday of July, 1996, and the
Director is satisfied that the beneficiary had
not been requested to submit a declaration
in accordance with the provisions of Part
VII of the Second Schedule to this Act.
(3) Where at any time prior to the 23rd February, 1990, any
person submitted to the Director a claim for Children’s Allowance
or Special Allowance under this Act and, for whatever reason such
allowance remained unpaid or suspended by the date aforesaid in
this sub-article, such person may notwithstanding that such person
had failed to appeal to the Umpire appointed under this Act or to
take any other action competent to him at law, submit a fresh claim
to the Director for such allowance by not later than 30th April,
1990. The provisions of article 98(4) shall apply to the claim which
has given rise to such fresh claim, and if no such fresh claim is so
submitted as aforesaid, such allowance shall not be payable under
this Act in relation to any period prior to the 23rd February, 1990:
Provided that the foregoing provisions of this sub-article
shall not apply in the case of a claim for Children’s Allowance
made in respect of a child born on or after the 23rd August, 1989,
or, in the case of a claim for Special Allowance, made in respect of
a person who has reached his sixteenth birthday on or after the 23rd
August, 1989; but in any such cases the provisions of article 98(4)
shall nonetheless apply:
Provided further that, the foregoing provisions of this sub-
article shall also apply to claims which were originally lodged
between the 23rd February, 1990 and the 19th April, 1990 in
respect of periods prior to the 23rd February, 1990.
(4) Unless otherwise stated in the relative provisions of this
Act, where a person is in any way disqualified from receiving
benefit, pension, allowance or assistance under this Act, he shall
not again become entitled to such benefit, pension, allowance or
assistance under and in accordance with the provisions of this Act
unless he makes a fresh claim therefor in terms of the foregoing
provisions of this article and for this purpose, the respective time
limits laid down in sub-article (2) shall, in each and every case,
take effect as from the date on which such disqualification as
aforesaid in this article ceases.
  SOCIAL SECURITY  g CAP. 318.        67
Payments. 
Amended by: 
XIV.1988.12; 
XVI.1989.18; 
XVI.1990.41; 
XIII.1991.39; 
VIII.1992.36.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXV.1994.2;
XXI.1996.48;
XI.2000.17;
II. 2002.74.
98. (1) Where any person is entitled to any pension, benefit,
allowance or assistance under this Act, payment shall be made - 
( a ) at the Department or at such other place or in such
manner as the Director may from time to time
determine; and
( b ) in the case of - 
(i) a Marriage Grant, Injury Grant or Maternity
Benefit, as soon as possible after the claim has
been determined;
(ii) Sickness, Injury, Unemployment and Special
Unemployment Benefits, or social assistance in
respect of unemployment, in arrears at such
intervals as the Director may from time to time
determine; sohowever that, where a claim for
Sickness Benefit is made while the person
concerned is temporarily abroad, payment of
such benefit shall be made in arrears in one lump
sum as early as possible after the person returns
to Malta;
(iii) any pension, social or medical assistances, in
advance at such intervals (being intervals not
longer than five weeks) as the Director may
from time to time determine, but whenever the
rates are increased the difference between the
new rates and the old rates may be paid in
advance at intervals not exceeding twenty-six
weeks from the date when the rates are
increased; and
(iv) a Supplementary Allowance, Children’s
Allowances, Care allowance and a Disabled
Child Allowance, in advance at such intervals
(being intervals not longer than fourteen weeks)
as the Director may, from time to time,
determine.
(2) Where the day on which a person becomes entitled to a
pension, including Widow’s Benefit, allowance or assistance or
becomes entitled to any of them at a new rate, is not a Saturday,
with effect from the 15th October, 1977, entitlement to such
pension, allowance or assistance and/or its new rate shall,
notwithstanding the foregoing provisions of this Act, accrue only
as from the following Saturday, and, where the day on which a
person ceases to be entitled to any of them, or being so entitled,
dies, is not a Friday, payment shall be made in respect of the whole
week which ends on the following Friday.
(3) Any payments made in advance in accordance with sub-
article (1)( b )(iii) and (iv) shall still be deemed to have been due to
the beneficiary notwithstanding the fact that, during the period
falling between the date of such payment and the date on which
such payment expires in terms of sub-article (2), there has been a
change in circumstances which would otherwise have adversely
affected the rate of such payment forthwith in terms of the other
  68      CAP. 318. h                SOCIAL SECURITY
provisions of this Act.
(4) Notwithstanding any of the provisions of this Act, any
claim for the payment of any benefit, pension, assistance or
allowance under this Act shall not be paid in arrears for a period
exceeding six months, as the Director may determine, if the
assessment or re-assessment or the continued payment of such a
claim was held back as a result of the non-observance of the
provisions of article 97(1)( b ) on the part of the claimant.
(5) Where any benefit, pension, assistance or allowance under
this Act is paid following the advice of the Department’s medical
panel in accordance with the proviso to article 106, if this advice is
subsequently changed following a re-examination of the case, the
advice of the previous medical panel shall remain valid till the day
when the aforesaid advice is changed.
(6) Where payment for any benefit, pension, assistance or
allowance under this Act is not obtained by the beneficiary within 2
years from the date of the issue of the original cheque, the right for
such benefit, pension, assistance or allowance shall be lost.
Non-payment of 
arrears of any 
benefits, pensions, 
assistance or 
allowance to 
persons with dual 
citizenship. 
Added by: 
XVI. 1990.42.
Re-numbered by:
XXIV. 1993.2.
99. Where any benefit, pension, assistance or allowance
payable under this Act requires either specifically or by implication
or inference that the claimant or the person in respect of whom such
benefit, pension, assistance or allowance is payable should be a
citizen of Malta, claims for such benefits, pensions, assistance or
allowances by persons holding dual citizenship in virtue of article
27 of the Constitution of Malta shall not be allowed for periods
prior to the 1st August, 1989.
Representation of 
deceased persons, 
and persons unable 
to act.
Re-numbered by:
XXIV. 1993.2.
100.   Subject to the provisions of this Act, where a person who
has made a claim for benefit, pension, assistance or allowance or
who is alleged to be or to have been entitled to a benefit, pension,
assistance or allowance, or to whom any benefit, pension,
assistance or allowance is payable is unable to act or dies, the
Director may appoint such person as he may think fit to proceed
with, or to make, a claim or to receive payment of such benefit,
pension, assistance or allowance on behalf of or as representative
of that person. Any person so appointed shall, for all the purposes
of this article, be conclusively deemed to be the lawful
representative of that other person or his estate.
Benefit, pension, 
allowance or 
assistance to be 
inalienable.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XI. 2000.18.
Cap. 372.
101. (1) Subject to the provisions of this Act, every
assignment of or charge on, and every agreement to assign or
charge any benefit, pension, allowance or assistance, shall be void:
Provided that nothing in this subsection shall be construed
as limiting the provisions of the Income Tax Management Act, with
regard to the withholding of tax at source, and provided further that
the Director may at the request of the Director of the Department
for the Welfare of the Elderly withhold from any pension, benefit,
allowance, bonus or additional bonus paid under this Act, any sum
due to the Welfare Committee established in terms of article 130
which is in accordance with the regulations issued in terms of the
provisions of articles 93 and 131. Any sum so deducted shall be
paid directly, on behalf of any resident referred to in those articles,
  SOCIAL SECURITY  g CAP. 318.        69
to the said Welfare Committee.
Cap. 12.
(2) Any benefit, pension, allowance or assistance may not be
subjected to a garnishee order or otherwise attached nor may any
judgment be executed thereon; but the provisions of article 381(3)
of the Code of Organization and Civil Procedure shall  mutatis
mutandis  apply.
Repayment of 
benefit, pension, 
allowance or 
assistance 
improperly 
received. 
Substituted by: 
XVI. 1990.43. 
Amended by: 
XIII. 1991.40; 
VIII.1992.37.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXI.1996.49;
II.1999.16.
102. (1) Save as provided for in article 98(3), with effect from
the 1st of April 1978, any person who has received any sum by way
of benefit, pension, allowance or assistance under this Act to which
he was not entitled in terms of the provisions of this Act shall be
liable to repay to the Director the sum so received by him, and the
Director shall, without prejudice to any other right competent to
him at law, recover such sum by means of deductions from any
benefit, pension, allowance or assistance to which he thereafter
becomes entitled: 
Provided that, with effect from the 6th January 1990 - 
(i) where such overpayment occurs as a result of the
non-disclosure or misrepresentation of a
material fact (whether the non-disclosure or
misrepresentation was or was not fraudulent) the
rate of recovery by means of deductions from
any benefit, pension, allowance or assistance to
which he thereafter becomes entitled shall be
determined by the Director but shall in no case
be less than the equivalent of 10% of the rate of
benefit, pension, allowance or assistance to
which he thereafter becomes entitled; and
(ii) where such overpayment occurs as a result of
any eventuality other than those mentioned in
paragraph (i) of this proviso, the rate of recovery
by means of deductions from any benefit,
pension, allowance or assistance to which he
thereafter becomes entitled shall also be
determined by the Director but shall in no case
exceed the equivalent of 5% of the rate of
benefit, pension, allowance or assistance to
which he thereafter becomes entitled unless the
beneficiary or pensioner concerned, as the case
may be, requests that a higher rate of such
deduction be effected; so however that, in any
case the Director shall have no right to effect
any such deductions as are referred to in this
paragraph in respect of overpayments which
have been made prior to the period of two years
going back from the date when the Director
became aware of such overpayment irrespective
of the period to which the overpayment refers:
Provided further that, with the exclusion of the provisions of
paragraph (i) of the foregoing proviso of this sub-article and the
provisions relating to the period of years in respect of which
overpayments shall be refunded as are referred to in paragraph (ii)
  70      CAP. 318. h                SOCIAL SECURITY
of the said proviso, the foregoing proviso of this sub-article shall,
with effect from the 6th January, 1990, also apply to cases wherein
such overpayment was discovered by the Department at any time
before the 6th January, 1990, and such overpayment or part thereof
was still due to the Department after the aforesaid date.
(2) Where any person received any Unemployment Benefit,
Special Unemployment Benefit or Social Assistance under this Act
under false pretences, and between the 1st November, 1990, and
the 31st December, 1990, both dates inclusive, voluntarily came
forward and informed the Employment and Training Corporation of
his abuse in this respect, such person shall, for the purposes of this
article, not be deemed liable to repay to the Director any benefit or
assistance as aforesaid in this sub-article so paid to him in respect
of any period up to the date when he so informed the above-
mentioned Corporation.
(3)Where any person is in receipt of any benefit, pension,
allowance or assistance payable under this Act, and has failed to
pay any Class Two contribution due in terms of the provisions of
this Act, or has paid a contribution at a rate, or at a category, or of a
class which is not in accordance with the provisions of this Act, the
Director may recover any amount due in respect of such
contributions by means of deductions from any benefit, pension,
allowance or assistance to which such person thereafter becomes
entitled, and the rate of recovery for such deductions shall be as
provided for in terms of paragraph (i) of the first proviso to sub-
article (1).
(4) Where any person who is in receipt of any benefit, pension,
allowance or assistance payable under this Act has received any
sum by way of benefit, pension, allowance or assistance under this
Act to which he was not entitled in terms of the provisions of this
Act, and subsequently becomes entitled to a lump sum by way of
any arrears of benefit, pension, allowance or assistance payable
under this Act as a result of any revision, re-assessment or
entitlement to new benefit, pension or allowance under this Act,
then any sum still due to be refunded in terms of sub-article (1)
shall, to the extent that such sum can be so deducted, be deducted
from any arrears to which he may subsequently become entitled as
aforesaid.
Recovery of 
benefits in respect 
of injury caused by 
wilful act or 
negligence. 
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXI.1996.50 .
Cap. 16. 
103. (1) The Director shall have the right to claim by civil
action the amount of any benefit paid or payable under this Act - 
( a ) from any person, other than the beneficiary, where an
injury in respect of which benefit is paid or payable
was caused by wilful act or the negligence of such
person or of any other person for whom under the Civil
Code the first mentioned person is responsible;
Cap. 367.
( b ) without prejudice to the generality of paragraph ( a )
above, from any employer, where the injury was
caused on account of or through the non-compliance
by himself, or by any other person for whom under the
Civil Code he is responsible, with any obligations
imposed by the Occupational Health and Safety
  SOCIAL SECURITY  g CAP. 318.        71
(Promotion) Act, or by any regulations made
thereunder.
Cap. 16.
(2) Nothing in this article shall prejudicially affect any right to
compensation or damages which the injured person or those
claiming under him may have under the provisions of the Civil
Code against the person through whose wilful act or negligence the
injury was caused; but in assessing the amount of such
compensation or damages the court shall take into account the
amount of benefit recovered by the Director as provided in sub-
article (1).
(3) Any amount recovered under this article or under the last
preceding article shall be carried to the credit of the Consolidated
Fund.
Contributions 
under the Widows’ 
and Orphans’
Pensions Act.
Re-numbered by:
XXIV. 1993.2.
Cap. 58.
104.   Notwithstanding any provision of the Widows’ and
Orphans’ Pensions Act no contribution is payable under that Act,
but all the provisions of that Act shall continue to have effect as if
all the contributions which, but for the provisions of this article,
would have been payable under that Act, had in fact been paid.
PART VIII 
DETERMINATION OF CLAIMS AND QUESTIONS 
Determination of 
questions as to 
insurability and 
contributions.
Re-numbered by:
XXIV. 1993.2.
Amended by: 
XXI.1996.51.
105.   If any question arises as to - 
( a ) whether any employment is insurable employment;
( b ) whether a person is or was an employed person or a
self-employed person or a self-occupied person;
( c ) who is or was the employer of an employed person; 
( d ) whether contributions are payable by or in respect of
any person;
( e ) whether a contribution has been paid by or in respect
of any person,
that question shall be determined by the Director after such inquiry
as he may deem necessary, or, if the Director deems it expedient, it
shall be referred by him, after giving notice to any person
appearing to him to be interested, to the Umpire appointed under
article 107.
Determination of 
claim. 
Amended by: 
XIV. 1988.13; 
XVI. 1989.19; 
XVI. 1990.44; 
VIII.1992.38.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXV.1994.2;
XXI.1996.52.
106.   Subject to the provisions of article 97, every claim for
benefit, pension, allowance or assistance shall be considered by the
Director who may - 
( a ) allow the claim; or 
( b ) disallow the claim; or
( c ) after giving notice to the claimant, refer the claim to
the Umpire appointed under article 107: 
Provided that - 
( a ) if the claim is for Injury Grant, Injury Pension, a
  72      CAP. 318. h                SOCIAL SECURITY
Pension for Invalidity, Medical Assistance, or Social
Assistance payable under the provisions of article
30(4) and (8), a Carer’s Pension, a Pension for the
Visually Impaired, a Disability Pension or a Disabled
Child Allowance, the Director shall, before giving his
decision, unless the claim falls on other statutory
conditions, consult on the medical aspects of the claim
one or more persons holding the warrant to practise the
medical profession drawn from a panel of persons
appointed by the Minister for the purpose of advising
on such cases, as the nature of the claim may require;
( b ) if the claim is for Injury Benefit and the resultant
period of incapacity for work exceeds ten benefit days
the provisions of paragraph ( a ) of this proviso shall
apply and where the resultant period of incapacity of
work does not exceed ten benefit days the provisions
of paragraph ( c ) of this proviso shall apply;
( c ) if the claim is for Maternity Benefit, the Director may,
if he so deems fit, before giving his decisions, unless
the claim falls on other statutory conditions, consult on
the medical aspects of the claim one or more persons
holding the warrant to practise the medical profession,
appointed by the Minister for this purpose; and
( d ) if the claim is for Sickness Benefit, with effect from
the day as the Minister may determine by notice in the
Gazette, the Director shall not accept any such claim
in respect of the fourth and subsequent day of each
spell of incapacity for work unless the medical
certificate confirming the person’s incapacity for work
is drawn and signed by a person holding the warrant to
practise the medical profession appointed by the
Minister for this purpose; sohowever that, where the
Director is satisfied that the person making a claim for
such benefit is ordinarily resident in Malta but is, on
the date of such claim, temporarily abroad, the
Director may, notwithstanding the aforesaid
provisions of this paragraph, accept such a claim as
valid for the purposes of this Act as long as it is
supported by a medical certificate in such form and
manner as the Director may deem fit in the
circumstances of the case and provided the person
concerned proves to the satisfaction of the Director
that he is not entitled to any form of benefits as may be
payable by any authority that is responsible for the
payment of social security benefits in the country
where that person is temporarily living during the
period of such incapacity for work:
Provided further that, in any claim for Sickness
Benefit, the Director may, if he so deems fit, consult
on the medical aspects of the claim one or more
persons holding the warrant to practise the medical
profession, appointed by the Minister for this purpose.
  SOCIAL SECURITY  g CAP. 318.        73
Appointment of 
Umpire and 
Deputy Umpire.
Re-numbered by:
XXIV. 1993.2.
107.   (1) For the purposes of this Act, the Minister may appoint
an Umpire and a Deputy Umpire, being in either case a person who
has held a warrant to practise the profession of advocate in Malta
for at least seven years.
(2) The Umpire shall, before entering upon his duties, take an
oath of office before the Attorney General in the form approved by
the Minister.
(3) The Umpire shall have the power to take expert advice
when necessary at his discretion, and to summon any person to
appear before him to give evidence on oath and/or to produce
documents; and for these purposes he shall have the powers which
are conferred by law on the First Hall of the Civil Court.
Every summons shall be signed by him and shall be served
either personally or by registered post, and in the latter case, in
proving service, it shall be sufficient to prove that the summons
was properly addressed and posted.
(4) The Director shall be entitled to appear and be heard on any
appeal or reference to the Umpire.
(5) All appeals and references to the Umpire shall be heard and
determined by the Umpire, and, in the case of absence or other
lawful impediment of the Umpire, by the Deputy Umpire.
Cap. 12.
(6) The Umpire shall abstain from taking cognizance of a case
or may be challenged in any of the circumstances in which a judge
would abstain or can be challenged in accordance with the
provisions of article 734 of the Code of Organization and Civil
Procedure and in every such case the provisions of Sub-Title II of
Title II of Book Third of that Code shall apply so far as applicable.
Appeal to the 
Umpire. 
Amended by: 
XVI. 1989.20.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXIV.1993.14; 
XXV.1994.2,30.
108.   (1) An Appeal shall lie to the Umpire from any decision
of the Director on any question of law or principle of importance
arising in connection with -
(i) the determination of any question under article
105; or
(ii) any claim under article 106; or
(iii) any decision of the Director given under the
proviso to article 35 and under article 58.
Such appeal may be made -
( a ) at the instance of any person aggrieved by the
determination or decision of the Director; or
( b ) by the widow or widower as the case may be, or by the
heirs of any person so aggrieved; or
( c ) at the instance of a trade union if the person so
aggrieved is or at the time of his death was a member
of that trade union.
(2) Subject to the provisions of sub-article (1), an appeal from
any decision of the Director under article 105 may be made to the
Umpire in writing not later than ten years from that decision.
(3) Subject to the provisions of sub-article (1), an appeal from
  74      CAP. 318. h                SOCIAL SECURITY
a decision of the Director given under the proviso to article 35 and
under articles 58 and 106 may be made to the Umpire in writing
within thirty days from the date on which the Director
communicates his decision in writing to the claimant or beneficiary
as the case may be.
(4) In considering any appeal, the Umpire shall have the
assistance of - 
(i) one or more persons appointed by the Minister
to act as assessors from the appropriate panel of
those referred to in article 106, if the claim is for
Injury Benefit, Injury Grant, Injury Pension, a
Pension for Invalidity, a Pension for the
Visually Impaired or a Disability Pension and
the Umpire feels that a medical advice is
required; and
(ii) an assessor chosen from a panel of persons to
represent employers and an assessor chosen
from a panel of persons to represent employed
persons.
(5) The assessors referred to in sub-article (4)(ii) shall be
appointed by the Minister after consultation with organizations
concerned with the interests of employers and employed persons
respectively.
(6) No assessor referred to in sub-article (4) shall serve during
the consideration of a case - 
(i) in which he appears as a representative of the
claimant; or
(ii) by which he is or may be directly affected; or 
(iii) in which he has taken or may take any part as an
employer or as an official of a trade union or as a
witness.
(7) In any case where the Umpire decides to hear an appeal or
reference orally, reasonable notice of the time and place of the
hearing shall be given to the claimant or beneficiary, as the case
may be, and to any other person who appears to the Umpire to be
interested in the case, and at such hearing the claimant or person to
whom notice of hearing has been duly given may appear personally
or through a duly appointed representative.
(8) If, in any case of an appeal, the claimant, or beneficiary, as
the case may be, to whom notice of hearing has been duly given,
fails to appear at the hearing and does not give reasonable
explanation for his absence, the Umpire may proceed to determine
the case, notwithstanding his absence, or may dismiss the appeal.
(9) Subject to the provisions of this Act, the procedure for the
consideration and determination of any reference or appeal to the
Umpire shall be such as he shall determine, due regard being had to
the principles of justice and fairness.
  SOCIAL SECURITY  g CAP. 318.        75
Appeal from the 
decision of the 
Umpire.
Re-numbered by:
XXIV. 1993.2.
Substituted by: 
XXV.1994.31.
Amended by:
VI. 2001.17.
109.   (1) Subject to the provisions of this Act, an appeal from
the decision of the Umpire shall lie to the Court of Appeal
(Inferiour Jurisdiction) at the instance of any person, including the
Director, who was a party to the proceedings before the Umpire:
Provided that, where a person dies between the date of the
delivery of the decision of the Umpire and the time within which an
appeal may be entered in accordance with sub-article (2), an appeal
may also be made at the instance of the widow or widower, or the
heirs of such person.
(2) An appeal as aforesaid in this article shall be brought by an
application within thirty days from the day on which the decision of
the Umpire is communicated in writing by registered post to the
claimant or beneficiary or the Director, as the case may be.
(3) The Minister responsible for justice may by regulations
under this subarticle establish the fees payable in the registry of the
courts relative to the filing of judicial acts in connection with
appeals to the Court of Appeal under this Act:
Cap. 12.
Provided that until such fees are so established by the
Minister, the fees contained in Schedule A to the Code of
Organization and Civil Procedure shall apply.
(4)  The board established under article 29 of the Code of
Organization and Civil Procedure may make rules governing
appeals to the Court of Appeal (Inferior Jurisdiction) under this
Act.
Power to revise 
decision.
Re-numbered by:
XXIV. 1993.2.
110.   The Director or the Umpire, having given a decision on
any claim or question, may review that decision if he is satisfied
that - 
( a ) it was given in ignorance of or was based on a mistake
as to some material fact; or
( b ) since the date of the decision there has been a relevant
change of circumstances,
and may give a revised decision to have effect from such date as he
may determine.
Umpire’s decision 
to be conclusive 
for the purpose of 
proceedings.
Re-numbered by:
XXIV. 1993.2.
111.   In any proceedings before any court - 
( a ) for an offence under this Act; or
( b ) involving any question as to the payment of any
contribution under this Act; or
( c ) for the recovery of any sums due under this Act,
the decision of the Umpire on any question specified in article 105
shall be conclusive for the purpose of those proceedings. 
  76      CAP. 318. h                SOCIAL SECURITY
PART IX
ADMINISTRATION AND FINANCE
Appointment of 
inspectors.
Re-numbered by:
XXIV. 1993.2.
112.   The Director may appoint such public officers as he may
determine to be inspectors for the purposes of this Act.
Powers of 
inspectors.
Re-numbered by:
XXIV. 1993.2.
Amended by: 
XXI.1996.53.
113.   (1) An inspector appointed under the foregoing article
shall, for the purposes of the execution of this Act, have the power
to do all or any of the following things, namely:
( a ) to enter without previous notice at all reasonable times
any premises or place where he has reasonable
grounds for supposing that there are persons who are
in insurable employment or self-occupied;
( b ) to make such examination and inquiry as may be
expedient for ascertaining whether the provisions of
this Act are being or have been complied with in any
such premises or place, or for investigating the
circumstances in which any injury or disease which
has given rise to a claim for benefit, pension,
allowance or assistance, was or may have been
received or contracted;
( c ) to examine, either alone or in the presence of any other
person, as he thinks fit, with respect to any matters
under this Act on which he may reasonably require
information, any person whom he finds in any such
premises or place, or whom he has reasonable cause to
believe to be or to have been an employed person or a
self-occupied person, and to require every such person
to be so examined;
( d ) to exercise such other powers as may be necessary for
carrying this Act into effect.
(2) Where any premises or place is under the control of a
government department, the Director may make special
arrangements with that department regarding inspections as to meet
the circumstances of the case.
(3) The occupier of any such premises or place, and any other
person who is or has been employing any person, and the servants
and agents of any such occupier or other person, and any employed
person shall furnish to an inspector all such information and shall
produce for inspection all such documents as the inspector may
reasonably require.
(4) If any person - 
( a ) wilfully delays or obstructs an inspector in the
exercise of any power under this article; or
( b ) refuses or neglects to answer any question or to furnish
any information or to produce any document when
required to do so under this article; or
( c ) conceals or tries to conceal any person or prevents or
tries to prevent any person from appearing before or
  SOCIAL SECURITY  g CAP. 318.        77
being examined by an inspector,
shall on conviction, without prejudice to any higher punishment to
which he may be liable under any other law, be liable to a fine
( multa ) of not less than one hundred liri.
(5) Every inspector shall be furnished with a certificate of his
appointment signed by the Director and in carrying out any of his
functions under this Act shall, if so required, produce the said
certificate.
(6) An inspector shall not have any direct or indirect interest in
any undertaking which may be subject to inspection by him; shall
not reveal at any time, even after ceasing to be an inspector, any
manufacturing or commercial information or working processes
which come to his knowledge in the course of his duties; shall not
divulge the source of any complaint bringing to his notice a default
under, or a breach of, the provisions of this Act; and shall not in
any case inform the employer or the self-employed or self-occupied
person concerned or their representatives that a visit of inspection
was made as a consequence of the receipt of such a complaint.
Cap. 9.
(7) Any inspector who contravenes the provisions of the
foregoing sub-article shall, in addition to the punishment to which
he may be liable under article 133 of the Criminal Code, be also
liable to dismissal  ipso facto  from his employment with
Government.
Social Security 
Account. 
Amended by: 
XVI. 1989.21; 
XVI. 1990.45.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXI.1996.54;
XVI. 1997.8.
Cap. 174.
114.   (1) All benefits, allowances, pensions and assistance
payable under this Act shall be a charge on the Consolidated Fund
without any further appropriation other than this Act.
(2) Subject to the provisions of the Financial Administration
and Audit Act, and in accordance with the provisions of article 132,
the Director shall keep proper records of all disbursements and
receipts (including any fines or penalties imposed in terms of
articles 113, 117, 119 and 125) under this Act, and any expense
incurred in carrying this Act into effect, and to this end shall keep a
separate Social Security Account, hereinafter referred to as "the
Account", as he shall, with the approval of the Accountant General,
determine.
Cap. 174. 
(3) A statement showing the receipts and payments of the
Account shall, as soon as possible after the close of each financial
year and in any case not later than three months after the close of
such year, be forwarded by the Accountant General to the Auditor
General, and article 65(2) of the Financial Administration and
Audit Act, shall apply to such statements.
Expenses of 
administration.
Re-numbered by:
XXIV. 1993.2.
115.   Any expense incurred in carrying this Act into effect shall
be defrayed out of the Consolidated Fund.
  78      CAP. 318. h                SOCIAL SECURITY
PART X 
ENFORCEMENT AND NON-COMPLIANCE
Failure by 
employer or self-
employed person 
to pay 
contributions. 
Amended by: 
XVI. 1989.22. 
Substituted by: 
XVI. 1990.46.
Re-numbered by:
XXIV. 1993.2.
Amended by: 
XXI.1996.55;
XI.2000.19.
116.   (1) If any employer or a self-employed or self-occupied
person or a person in respect of whom the provisions of article 13
apply fails or neglects to pay within the prescribed time any Class
One or Class Two contributions, as the case may be, which he is
liable under this Act to pay, a further contribution equivalent to -
( a ) 10% of the total value of such unpaid contributions, in
respect of contributions due under this Act at any time
prior to the 3rd July, 1989; and
( b ) 5% of the total value of such unpaid contributions,
being contributions due under this Act in respect of
any period after the 2nd July, 1989, but prior to the 3rd
January, 2000; and
( c ) 1% per month of the total value of such unpaid
contributions being contributions due under this Act in
respect of any period after the 2nd January, 2000; and
( d )  1% per month of the total difference obtaining from
the rate at which such contributions were paid and the
applicable rate due at the time when such contributions
were due in accordance with the provisions of this Act,
in respect of any period after the 2nd January, 2000,
shall be due and payable to the Director:
Provided that, where the period of such unpaid contributions
falls between the 7th May, 1956 and the 1st January, 1989, if such
unpaid contributions are effectively paid at any time between the
1st April, 1989 and the 30th April, 1990, both days inclusive, any
such further contributions as aforesaid as may be paid by him to the
Director in terms of this sub-article shall subsequently be refunded
to the employer or the self-employed or self-occupied person, as
the case may be, if all such unpaid contributions are in fact paid by
and including the 30th April, 1990 and any contributions due under
and in accordance with the provisions of this Act for the period 2nd
January, 1989 to 30th April, 1990, both days inclusive, are also
duly paid in accordance with the provisions of this Act on the date
when any unpaid contributions as aforesaid in this proviso are
effectively paid in accordance with this proviso:
Provided further that, in the case of a self-employed or self-
occupied person, or a person in respect of whom the provisions of
article 13 apply, who proves to the satisfaction of the Director that
at the time when such contributions were due he was abroad or
hospitalised, the aforesaid prescribed time shall be extended to the
31st day of his return to Malta or discharge from hospital, as the
case may be.
  SOCIAL SECURITY  g CAP. 318.        79
Cap. 12.
(2) Where any such employer or person as is referred to in sub-
article (1) fails to settle his contribution dues together with the
aforesaid further contribution within three months of the aforesaid
prescribed time the Director may, without prejudice to any other
right competent to him, by means of a judicial letter served on the
person by whom such contributions or further contributions are
due, claim such payment, and upon the service of such a judicial
letter, the claim of the Director contained in such judicial letter
shall, after the lapse of ten days from such service, constitute an
executive title for the purpose of Title VII of Part I of Book Second
of the Code of Organization and Civil Procedure, unless the person
against whom it is served shall, within the said period of ten days
or such further period being not more than thirty days, as the
competent civil court may on just cause being shown determine, by
means of an application against the Director before the competent
civil court, challenge such claim, to which the following provisions
of this sub-article apply:
( a ) the application shall, under pain of nullity, state
clearly and concisely the nature of the complaint, the
facts out of which the complaint arises, and the
reasons why such complaint should be upheld;
( b ) the applicant shall attach to the application all such
documents in support of his claim as it may be in his
power to produce and shall indicate in his application
the names of all the witnesses he intends to produce
stating, in respect of each, the proof which he intends
to make;
( c ) the court shall, without delay, set down the application
for hearing at an early date, which date shall in no case
be later than thirty days from the date of the filing of
the application;
( d ) the application, and the notice of the date fixed for
hearing, shall be served on the Director without delay,
and the said Director shall file his reply thereto within
fifteen days after the date of the service of the
application;
( e ) the Director shall, in his reply, state clearly and
concisely whether he agrees to the facts set out in the
application, and the reasons why he objects to the
claim; he shall moreover state in his reply the names of
the witnesses in support of his reasons and shall attach
thereto all the documents in support thereof; 
( f ) on the day fixed for the hearing of the application, the
court shall consider the issues of fact and of law as are
ascertainable only from the application, reply or
documents filed, by either of the parties, or from the
evidence indicated by either of the parties in the
application or reply, as the case may be, or from the
oral pleading of either of the parties;
( g ) the court shall hear the application to a conclusion
within five working days from the date fixed for the
  80      CAP. 318. h                SOCIAL SECURITY
original hearing of the application, and no
adjournment shall be granted except either with the
consent of both parties or for an exceptional reason to
be recorded by the court, and such adjourned date shall
not be later than that justified by any such reason;
Cap. 12.
( h ) saving the preceding provisions of this sub-article, the
provisions of the Code of Organization and Civil
Procedure relating to proceedings before the First Hall
of the Civil Court shall apply in relation to any such
application.
(3) Notwithstanding the provisions of any other law, the claim
of the Director of any amount due by way of any Class One or
Class Two contribution under this article shall constitute a
privileged claim in the case of a Class One contribution, ranking
equally with wages of employees over the assets of the employer,
and, in the case of a Class Two contribution, over the estate of the
self- employed or self-occupied person concerned and shall be paid
in preference to all other claims (excluding wages) whether
privileged or hypothecary.
(4) For the purposes of this article, a notice by the Director to
any employer or a self-employed or self-occupied person showing
the number and the amount of contributions which such employer
or self-employed or self-occupied person has failed or neglected to
pay shall, unless the contrary is proved, be sufficient evidence that
the amount in the said notice is the amount due to be paid to the
Director by the employer or the self-employed or self-occupied
person concerned.
(5) Without any prejudice to the foregoing provisions of this
article, where a self-employed or self-occupied person fails to pay
any contribution due in accordance with the provisions of this Act,
or pays a contribution at a rate, or at a category, or of a class which
is not in accordance with the provisions of this Act: 
(i) any claim by the Director for the payment of
such unpaid contributions, or for the payment of
any difference due by way of adjustment in the
rate, category or class of contributions, shall be
barred by the lapse of thirty years; and
(ii) any request by the self-employed or self-
occupied person to pay such contributions, or
any request for any refund that may result as a
result of an adjustment in the class or category
paid shall be deemed null and void if submitted
after attainment of pension age or after the lapse
of five years from the time when the proper rate
of contribution was due, whichever is the earlier.
Exemption.
Added by:
VII. 1998.2.
116A.  Notwithstanding the provisions of article 116, the further
contribution payable in accordance with that article shall not be due
by an employer or a self-employed or self-occupied person with
regard to Class One or Class Two contributions payable by them, as
the case may be, and which are paid by the 31st December, 1997,
and in the case of any Class One contribution payable by an
  SOCIAL SECURITY  g CAP. 318.        81
employer in respect of the month of December, 1997, this has been
paid by the 10th January, 1998:
Provided that nothing in this article shall be construed as -
( a ) detracting from the provisions of article 116(5)(ii); or
( b ) giving any person the right to claim a refund of any
further contribution paid by him in accordance with
the said article 116 prior to the 29th September, 1997.
Misuse of 
documents and 
failure to report 
changes.
Amended by: 
XIII.1991.41.
Re-numbered by:
XXIV. 1993.2.
117.   (1) If any person, for the purposes of obtaining any
payment under this Act, whether for himself or for some other
person, or for any other purpose connected with this Act - 
(i) knowingly or recklessly makes any false
statement or false representation; or
(ii) produces or furnishes, or causes or knowingly
allows to be produced or furnished, any
document or information which he knows to be
false in a material particular; or
(iii) fraudulently fails or omits to report to the
Director, before receiving any payment, any
change of circumstances which has or may have
a material bearing on the amount, or mode of
giving such payment,
shall, on conviction, be liable to a fine ( multa ) of not less than
twenty liri but not exceeding one and a half times the amount of
benefit, pension, allowance or assistance unlawfully received or
five hundred liri, whichever shall be higher, or to imprisonment for
a term of not less than three months but not exceeding twelve
months or to both such fine and imprisonment.
(2) Where for the purpose of paying a Class Two contribution,
at a rate that is lower than that properly due, a self-employed
person - 
(i) knowingly or recklessly makes any false
statement or false representation; or
(ii) produces or furnishes, or causes or knowingly
allows to be produced or furnished, any
document or information which he knows to be
false in a material particular,
shall be liable, on conviction, to a fine ( multa ) of not less than five
hundred liri but not more than one thousand liri.
(3) Where an employer fails to comply with the provisions of
the Work Books Order, 1974 insofar as this applies to the
engagement or recruitment of employees, and as a result such
person unlawfully receives any benefit, pension, allowance or
assistance under this Act to which he would otherwise not have
been entitled under the provisions of this Act, such employer shall
be liable to pay to the Director damages equivalent to the amount
so received by such person by way of such benefit, pension,
allowance or assistance within one week of a request by the
Director for the payment of such damages; and, for the purposes of
  82      CAP. 318. h                SOCIAL SECURITY
this sub-article, unless the contrary is proved by the employer to
the satisfaction of the Director, the amount so requested by the
Director shall constitute a lawful claim on such employer.
Forgery of 
National 
Insurance Stamps. 
Re-numbered by:
XXIV. 1993.2.
Cap. 147 - 
Repealed.
118.   (1) Notwithstanding the provisions of article 136, any
stamp purporting to have been an insurance stamp which was
prepared, printed or made otherwise than in accordance with
directions given by the Minister under article 8(2) of the National
Insurance Act, as in force up to the 31st day of March, 1978, shall
be deemed to be forged.
(2) If, any person - 
( a ) forges an insurance stamp issued under the provisions
and for the purposes of the National Insurance Act † ; 
( b ) makes or, without lawful excuse, has in his possession
any dye, plate, instrument or material for forging an
insurance stamp;
( c ) knowingly utters, sells, deals in, hawks, distributes or
uses a forged insurance stamp;
( d ) causes or procures to be done, or knowingly aids, abets
or assists in doing, any of the acts mentioned in
paragraphs ( a ), ( b ) and ( c ),
he shall, on conviction, be liable to imprisonment for a period of
not less than three years but not exceeding seven years.
General penalty.
Re-numbered by:
XXIV. 1993.2.
119.   If any person contravenes or fails to comply with any of
the requirements of this Act, in respect of which no special
punishment is provided, he shall be guilty of an offence and shall
for each offence be liable, on conviction, to a fine ( ammenda ) of
not less than five liri.
Nature of offences 
under this Act.  
Amended by: 
XVI.1990.47.
Re-numbered by:
XXIV. 1993.2.
120.   All offences under this Act except those under article
113(6) and under articles 117 and 118 shall be deemed to be
contraventions.
Criminal 
proceedings.  
Amended by: 
VIII.1990.3.
Re-numbered by:
XXIV. 1993.2.
121.   (1) In criminal proceedings instituted by the Police
before the Court of Magistrates for an offence against the
provisions of this Act, the Director or any officer deputed by him
may, notwithstanding the provisions of any law to the contrary, lay
the charge before the court, produce the evidence, plead and
otherwise conduct the prosecution instead of the Police.
(2) The sworn statement of any officer mentioned in the last
preceding sub-article to the effect that he has been deputed by the
Director for the purpose therein stated, shall be conclusive
evidence of such fact, should the proof thereof be required by the
accused.
(3) The Director or the officer deputed by him may,
nevertheless, be produced as a witness at the request of the
accused, but should his evidence be required as part of the case for
the prosecution, he shall be heard in evidence before assuming the
duties of prosecuting officer (other than that of stating the facts
  SOCIAL SECURITY  g CAP. 318.        83
constituting the offence) unless the necessity of his evidence arises
subsequently.
Limitation of 
action.
Re-numbered by:
XXIV. 1993.2.
122.   (1) Notwithstanding any provision in any other law,
proceedings for an offence under this Act may be begun at any time
within the period of twelve months from the date on which
evidence, sufficient in the opinion of the Director to justify a
prosecution for the offence, comes to his knowledge or within the
period of ten years, after the commission of the offence, whichever
period last expires.
(2) For the purposes of sub-article (1) a certificate purporting
to be signed by or on behalf of the Director as to the date on which
such evidence as aforesaid came to his knowledge shall be
conclusive evidence thereof.
Liability of 
manager and other 
principal officer or 
body of persons. 
Re-numbered by:
XXIV. 1993.2.
Cap. 249.
123.   (1) Without prejudice to article 13 of the Interpretation
Act, where any act, matter or thing required to be done or to be
omitted to be done by or under this Act is to be done or to be
omitted by a body or other association of persons, such act, matter
or thing shall also be required to be done or to be omitted
personally by the manager or other principal officer of such body or
association; and the provisions of this Act and of any regulations
made thereunder shall apply accordingly.
(2) Where in application of sub-article (1) any payment is due
to be made by a body or association of persons and by the manager
or other principal officer thereof, such obligation shall be due
jointly and severally.
Proceedings 
against employer 
for benefit lost 
through 
employer’s default.
Re-numbered by:
XXIV. 1993.2.
124.   (1) Where any employer has failed or neglected - 
( a ) to pay any contributions which under this Act he is
liable to pay in respect of any employed person in his
employment; or
( b ) to comply, in relation to any such person, with the
requirements of this Act relating to the payment and
collection of contributions, 
and by reason thereof a person has lost, in whole or in part, any
benefit, pension or allowance to which he would have been
entitled, that person shall be entitled to recover from the employer
as a civil debt a sum equal to the amount of the benefit, pension or
allowance so lost, or such sum as the court, may, having regard to
the circumstances of the case, determine.
(2) Proceedings may be taken under this article
notwithstanding that proceedings have been taken under any other
article of this Act in respect of the same failure or neglect.
(3) Proceedings under this article may notwithstanding the
provisions of any law to the contrary, be brought at any time within
two years after the date on which the person is informed in writing
by the Director of this entitlement to any benefit, pension or
allowance claimed by him under his Act.
  84      CAP. 318. h                SOCIAL SECURITY
Information 
required by the 
Director.
Re-numbered by:
XXIV. 1993.2.
Amended by:
II.1999.17.
125.   (1) Any person who at any time has or has had in his
employment any employed person, shall furnish to the Director
such information concerning such employed person as the Director
may require for the purposes of this Act and within such time as
may be indicated in the request.
(2) If any person fails to provide any such information in whole
or in part within the time indicated in the request or knowingly or
recklessly provides incorrect information he shall be liable, on
conviction, to a fine ( multa ) of not less than fifty liri for each such
offence and to a further fine ( multa ) of not less than one lira for
every day during which the said offence continues:
Provided that no proceedings shall be taken against him if,
after an intimation in writing of the charge against him has been
given to him, he agrees to pay and in fact pays to the Director
within such time as may be fixed by the latter a penalty not
exceeding twenty five liri for every such failure as aforesaid and a
further penalty not exceeding fifty cents for every day during which
such failure continues.
Unpaid 
contributions 
deemed as paid in 
cases where 
employee has no 
blame. 
Amended by: 
XVI. 1990.49.
Re-numbered by:
XXIV. 1993.2.
126.   Where a claim for benefit, pension or allowance is made
by an employed person under this Act, for the purposes of
establishing whether he has been in insurable employment during
any period prior to his claim, any contributions due but not paid in
his respect, under article 7, may be deemed by the Director to have
been paid if he is satisfied that such non-payment was not due to
any fault or connivance on the part of the employed person
concerned; but such contributions shall, for all other purposes, be
treated as unpaid:
Provided that where an employed person fails to pay any
contributions in accordance with article 8(5), such non-payment
shall, where such employed person has received the wages due to
him, always be deemed to be due to the fault on the part of the
employed person.
Appeals at the 
instance of the 
Attorney General. 
Amended by: 
VIII. 1990.3. 
Re-numbered by:
XXIV. 1993.2.
Cap. 9.
127.   Notwithstanding the provisions of the Criminal Code, the
Attorney General shall always have a right to appeal to the Court of
Criminal Appeal from any judgment given by the Court of
Magistrates in respect of criminal proceedings arising out of the
provisions of this Act.
PART XI
ESTABLISHMENT OF A SOCIAL ASSISTANCE BOARD AND A 
WELFARE COMMITTEE
Social Assistance 
Board.
Re-numbered by:
XXIV. 1993.2.
128.  (1) There shall be established a Board, to be known as the
Social Assistance Board, consisting of the Director or his
representative as Chairman and not less than three other members
appointed by the Minister. Among the members so appointed, two
shall be Members of the House of Representatives, one from each
side, and one representing the organization of workers in Malta
having the largest number of members.
  SOCIAL SECURITY  g CAP. 318.        85
(2) The members appointed by the Minister shall hold office
for a period not exceeding one year, but shall be eligible for
reappointment.
(3) The Minister shall also appoint a Secretary to the Board
who will not be a member.
(4) The quorum shall be half the total number of the persons
comprising the Board.
(5) Subject to sub-article (4), the Board may act
notwithstanding any vacancy amongst its members.
(6) Subject to the provisions of this article, the Board shall
regulate its own procedure.
Functions of the 
Social Assistance 
Board. 
Amended by: 
XVI. 1989.24.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXV.1994.32.
129.   (1) The functions of the Board shall be to examine the
cases referred to it by the Director under article 30(5), and to
determine whether, in the particular circumstances of each case,
Social Assistance should be paid in respect of the household
concerned, and where the Board has determined that such
assistance is payable, to establish the amount of such assistance and
to designate the person to whom, in the best interests of the
household, payment of such assistance shall be made.
(2) In addition to the functions referred to in sub-article (1), the
Board shall also examine cases wherein in terms of paragraphs 3
and/or 4 of the Emergency Assistance Order 1989, the Director
General (Social and Family Affairs) appointed by the Prime
Minister is of the opinion that the limits laid down therein need to
be exceeded.
(3) It shall be the duty of the Board to treat each case with the
utmost urgency and to arrive at a decision in the shortest possible
time.
(4) For the discharge of its functions under this Act the Board
shall be empowered - 
( a ) to require any person to appear before it to give
information under oath or affirmation;
( b ) to require any person to produce before it any books or
other documents.
The oath shall be administered by the Chairman.
Cap. 141 - 
Repealed.
(5) The weekly amount of Social Assistance which the Board
may authorise under sub-article (1) shall not exceed the amount to
which the head of household would, but for the fact that he is not
registered under Part I of the Employment Register kept in
accordance with the provisions of the Employment Service Act,
have been entitled under this Act, sohowever that no account shall
be taken of the head of household in determining the number of
persons in that household for the purposes of Part I of the Sixth
Schedule to this Act.
(6) The maximum amount of Emergency Assistance in cash
which the Board may authorize under sub-article (2) shall not
exceed Lm14.50 in any period of 7 consecutive days but may
  86      CAP. 318. h                SOCIAL SECURITY
nonetheless continue to be paid for any such period of time as the
Board may determine in the circumstances of the case.
(7) The amount of Emergency Assistance in kind which the
Board may authorize under sub-article (2) shall not be subjected to
any limit but the Board shall ensure, as far as possible, that the
items that need to be purchased beyond the limit laid down in
paragraph 4 of the Emergency Assistance Order, 1989 are
absolutely necessary and that the expenditure thereon will be
contained within justified reasonable limits.
(8) Any decision taken by the Board under this article shall be
final and conclusive.
Welfare 
Committee. 
Amended by: 
XIV. 1988.14.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XI.2000.20.
130.   (1) There shall be established a Committee, to be known
as Welfare Committee consisting of a Chairman and of not less
than eight other members appointed by the Minister, of whom two
shall be medical practitioners, one from each side of the House of
Representatives, one from the Department for the Welfare of the
Elderly, one from the Department of Welfare and one from the
Department of Health. The other members shall be chosen from
among the inmates of institutions referred to in article 93, members
of their families, members of workers’ committees, or other
persons who, in the opinion of the Minister, are qualified to serve
on the Committee.
(2) The Minister shall also appoint a Secretary to the
Committee, who will not be a member.
(3) The Chairman and the other members of the Committee
shall be appointed for a period not exceeding one year, but shall be
eligible for re-appointment.
(4) The quorum shall be half the total number of the members
comprising the Committee.
(5) Subject to sub-article (4), the Committee may act
notwithstanding any vacancy amongst its members.
(6) Subject to the provisions of this article the Committee may
regulate its own procedure.
Functions of the 
Welfare 
Committee. 
Amended by:
XIV. 1988.15.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XVI. 1997.8.
131.   (1) The functions of the Welfare Committee shall be - 
( a ) to administer the funds entrusted to it in terms of this
Act or otherwise, for the benefit of - 
(i) such inmates as are referred to in article 93 and
of such other inmates as are designated for the
purpose by the Minister;
(ii) residents of state-owned hostels for the care and
welfare of the elderly as are specified by the
Minister by notice in the Gazette; and
(iii) recipients of home-care/home-help services that
are provided by Government for the elderly
comprising mainly their daily shopping needs
and personal errands, bed-making, laundering,
drying and ironing of clothes, limited personal
  SOCIAL SECURITY  g CAP. 318.        87
attention, such as dressing-up and washing, as
may be required in the circumstances of the
case, general household cleaning, and, where
specifically requested by the recipient of such
service, cooking and feeding;
( b ) to receive the rates that are payable by any resident of
such a hostel for his upkeep as the Minister, with the
concurrence of the Minister responsible for finance,
may prescribe in the Gazette; and, for this purpose, the
Committee shall, notwithstanding the provisions of
article 101, have the right to retrieve the aforesaid
rates, or part thereof, from the Director by way of
deductions from any pension, or any payment due or
payable to such a resident in terms of article 93 or 94,
as the case may be;
( c ) where no pension or payment as is referred to in
paragraph ( b ) is due to a resident, or where the rate of
such pension or other payment is not enough to cover
the payments due to the Committee by virtue of the
said paragraph ( b ), to enter into a contract with such
resident and/or any other party, as the case may
require, for any payment that may be due to the
Committee for the upkeep of that resident which
cannot be retrieved in the manner described in the said
paragraph ( b );
( d ) where no pension or Social Assistance as are referred
to in article 95 is due to a beneficiary of any of the
home-care/home-help services referred to in sub-
article (1)( a )(iii), or where such pension or Social
Assistance is less than the amount that has to be abated
therefrom in terms of the said article 95, to enter into a
contract with such beneficiary and/or any other party,
as the case may require, for any payment that may be
due to the Committee in accordance with the rates of
abatement provided for in the said article 95 which
cannot be made good in the manner described therein;
( e ) to advise the Minister on any matter referred to in the
foregoing paragraphs of this sub-article, and on any
other matter concerning the welfare of the categories
of persons referred to in paragraph ( a ) as the Minister
may refer to it.
(2) In exercising its functions the Committee may establish
subsidiary committees, and such committees shall, as far as
possible, include persons representative of the categories referred
to in article 130(1), provided that such subsidiary committees shall
be chaired by a member of the Committee.
(3) In administering funds entrusted to it, the Committee shall
keep such system of accounts and shall adopt such procedures for
the custody and disbursement of moneys entrusted to it as shall be
approved by the Accountant General and all books, receipts and
records kept for this purpose shall, at all times, be open to
  88      CAP. 318. h                SOCIAL SECURITY
inspection by the Director, the Accountant General, the Auditor
General and any other public officer whom the Minister appoints
for this purpose.
(4) The Committee shall utilize all funds entrusted to it for the
care, welfare and benefit of the categories of persons referred to in
sub-article (1)( a ):
Provided that -
(i) such part of such funds as may be approved by
the Minister may be utilized by the Committee
for its own expenses; and
(ii) such part of such funds as may be directed by the
Minister from time to time may be utilized for
such purpose or class of purposes as the Minister
may, for the benefit of the aforesaid categories,
determine.
(5) The Minister may give to the Committee directives of a
general nature on the policy to be adopted by it.
(6) The Committee shall, not later than two months after the 1st
day of January of any one year, submit to the Minister a report on
its activities for the previous calendar year, together with a
statement showing details of the expenditure incurred during that
year, together with a statement showing details of the funds
entrusted and made available to the Committee and any balance of
such funds remaining at the end of the said year.
PART XII
DUTIES, FUNCTIONS AND SPECIAL POWERS OF THE DIRECTOR 
Duties and 
functions of the 
Director.
Re-numbered by:
XXIV. 1993.2.
Substituted by:
II.1999.18.
132.   (1) The administration of this Act is vested in the
Director (Social Security) or, as the case may require, in the
Commissioner of Inland Revenue. 
(2) In addition to any other functions or duties assigned to him,
by or under any other law, the Director (Social Security) shall,
subject to the supervision and control of the Minister, carry out and
perform such functions and duties as may, from time to time, be
assigned to him by the Government.
Special powers of 
the Director. 
Amended by: 
XVI.1989.25.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXI.1996.56.;
II.1999.19.
133.  In addition to the powers conferred on him by any or all of
the foregoing provisions of this Act or by the provisions of any
other law, the Director shall also have the power - 
( a ) to administer oaths for the purpose of the proper
performance of his functions, as well as for the proper
administration and execution of this Act, which power
he may also delegate to any other officer of his
Department;
( b ) to require any person, including any public officer in
the service of the Government and any Bank or of any
firm, partnership, company or corporation to furnish to
  SOCIAL SECURITY  g CAP. 318.        89
him all the information that he may require in order to
be able to arrive at any decision or to revise any
decision, which he may take under the foregoing
provisions of this Act; and notwithstanding the
provisions of any other law enjoining secrecy passed
before, on or after the commencement of this Act, such
officers as are mentioned in this paragraph are hereby
authorised to furnish to the Director any such
information that he may require:
Cap. 9.
Provided that, except so far as may be necessary
for the proper discharge of his functions and duties or
for the purpose of a prosecution, the Director shall be
bound to observe secrecy in regard to any information
furnished to him under this paragraph, which apart
from this paragraph, ought to be treated as secret, and
the provisions of article 133 of the Criminal Code shall
apply to any wilful breach of such duty:
Provided further that, the provisions of the
immediately foregoing proviso shall also apply to any
officer or other employee of the Department concerned
who for any reason whatsoever becomes aware of such
information during the proper discharge of his duties;
( c ) to require any person to produce his income tax returns
and/or assessments for the purpose of establishing his
net income, or earnings.
PART XIII 
GENERAL PROVISIONS
Reciprocal 
agreements.
Re-numbered by:
XXIV. 1993.2.
Amended by:
XXV.1994.2.
134.   (1) For the purposes of giving effect to any agreement
with the Government of any country, being an agreement which
provides for reciprocity in matters of social security, the Minister
may make an order modifying or adapting this Act in its application
to cases affected by the agreement.
(2) The Minister may, by order, extend the application of this
Act, insofar as Social and Medical Assistance, or the grant of an
Age Pension, a Disability Pension or a Pension for the Visually
Impaired are concerned, to persons who are not citizens of Malta in
order to give effect to any convention, agreement or arrangement to
which Malta is a party, and which provides for reciprocity in Social
and Medical Assistance or in the grant of such pensions.
Free postage.
Re-numbered by:
XXIV. 1993.2.
135.   Certificates and other documents which may be required
by the Director for the proper administration and execution of this
Act, may be sent free of postage to the Director in envelopes
marked "Social Security".
  90      CAP. 318. h                SOCIAL SECURITY
Savings. 
Cap. 120, 
Cap. 136, 
Cap. 147, 
Cap. 148 - 
Repealed.
136.   (1) All regulations and orders in force under the Old Age
Pensions Act, the Director of Social Services Act, the National
Insurance Act, and the National Assistance Act shall, with the
necessary modifications, adaptations and limitations, and insofar as
they are not inconsistent with the provisions of this Act, continue in
force and have effect as if they had been made under this Act and
may be revoked, amended or suspended accordingly.
(2) Any references in any other enactment to the enactments
mentioned in sub-article (1), being references of a general nature,
shall be substituted by references to the title of this Act.
Amended by:
XVI. 1989.26;
VIII.1992.39;
XXI.1996.57.
FIRST SCHEDULE  
g A R T I C L E  5h
INSURABLE EMPLOYMENT 
PART I
EMPLOYMENTS
Cap. 134 - 
Repealed.
1. Employment in Malta under any contract of service or
apprenticeship, written or oral, and whether expressed or implied,
including employment by or under the Government of Malta. For
the purposes of this Schedule "apprenticeship" shall have the same
meaning assigned to it under article 2 of the Industrial Training
Act:
Provided that, saving the provisions of any agreement with any
other country, employment as aforesaid outside Malta shall be
treated as employment in Malta if the employee concerned is
ordinarily resident in Malta and the employer is the Government of
Malta or has a place of business in Malta.
2. Employment as aforesaid outside Malta - 
( a ) as master or a member of the crew of any ship or
vessel registered in Malta;
( b ) as pilot, commander, navigator or a member of the
crew of any aircraft licensed in Malta;
( c ) on board any ship or vessel, otherwise than as master
or a member of the crew:
 Provided that - 
(i) this employment is for the purposes of the ship
or vessel or her crew or of any passengers or
cargo or mails carried thereon;
(ii) where the employee concerned is not a citizen of
Malta, the contract is entered into in Malta, and,
in all cases, irrespective of the employee’s
nationality, with a view of its performance (in
whole or in part) while the ship or vessel is on
her voyage; and 
(iii) the employer has a place of business in Malta; 
  SOCIAL SECURITY  g CAP. 318.        91
( d ) on board any aircraft, otherwise than as pilot,
commander, navigator or a member of the crew:
 Provided that - 
(i) this employment is for the purposes of the
aircraft or its crew or of any passengers or cargo
or mails carried thereon;
(ii) where the employee concerned is not a citizen of
Malta, the contract is entered into in Malta, and,
in all cases, irrespective of the employee’s
nationality, with a view to its performance (in
whole or in part) while the aircraft is on its
flight; and
(iii) the employer has a place of business in Malta.
3. Services after the l4th August, 1979, in any of the offices
specified in articles 48, 59(1), 80 and 88 of the Constitution.
4. Service after the 5th January, 1981, as a member of the
House of Representatives, other than service in any offices
specified in articles 59(1), 80 and 88 of the Constitution, except
where the person concerned is self-occupied.
5. Any period after the 1st April, 1978, during which a person
is following a full-time course of studies or instruction under the
Worker-Student or Pupil-Worker Scheme or other similar schemes,
involving distinct work and study periods, for which he is receiving
remuneration.
Cap. 278.
6. Government employees who have been released on unpaid
leave from performing duty with Government in order to become
members of a co-operative primary society in terms of the Co-
operative Societies Act.
PART II
EXCEPTED EMPLOYMENTS
l. Employment of a casual nature otherwise than for the
purposes of the employer’s trade or business.
2. Employment of a person who is not ordinarily resident in
Malta if the employer of that person is not resident in Malta and has
no place of business there.
3. Employment by any one employer for less than eight hours
in a calendar week.
4. Employment as secretary or clerk of a society, club,
philanthropic institution, school or other similar body or
institution, where personal service is ordinarily required only
occasionally and outside the ordinary hours of work, provided the
hours referred to in paragraph 3 of this Part are not exceeded.
5. Employment of a person who is not ordinarily resident in
Malta if the employer of that person is paying contributions in
respect of that person under a scheme of social insurance in another
  92      CAP. 318. h                SOCIAL SECURITY
country.
6. Employment of any of the directors in any partnership, for
the purposes of that partnership, wherein such partnership has been
entered into between or among persons that are related to one
another, up to and including cousins of the first degree and/or their
spouses, provided any such directors are themselves such partners
or the spouses of such partners.
7. Employment of any majority shareholder in any
partnership, for the purposes of that partnership; and for this
purpose any shareholder shall still be deemed to be a majority
shareholder if, notwithstanding the fact that the number of his
shares do not constitute the majority, the value or powers attached
to his holding exceed the aggregate total value or powers attached
to the holding of the other shareholders in that partnership.
Cap. 452.
8. With effect from the 6th January, 1992, employment of a
person who has reached pension age, provided his weekly wage or
salary does not exceed the national minimum wage, or its monthly
equivalent, as is applicable to persons of 18 years of age or over
established by a National Standard Order issued under the
Employment and Industrial Relations Act.
9. With effect from the 4th July, 1988, employment of a
person as a Casual Social Assistant by the Department for the Care
of the Elderly of the Government of Malta.
Amended by: 
XIV. 1988.17;
XVI.1989.27; 
XVI.1990.50;
XIII.1991.42;
VIII.1992.40; 
XXIV.1993.15;
XXV.1994.2,33;
XXVII.1995.13;
XXI.1996.58;
II. 1999.20;
L.N. 21 of 2001;
L.N. 4 of 2001;
II. 2002.75, 76, 77.
Substituted by:
L.N. 422 of 2002;
L.N. 436 of 2003.
SECOND SCHEDULE
gARTICLES 12, 20, 23, 27, 30, 66, 68, 73, 76 and 76Ah
Calculation of means for the purposes of an exemption from the
payment of Class Two contributions and for the award of Social
Assistance, Sickness Assistance, Free Medical Aid, an Age
Pension, a Disability Pension, a Pension for the Visually Impaired,
a Carer’s Pension, Children’s Allowance, a Supplementary
Allowance, and a Disabled Child Allowance.
PART I
EXEMPTION FROM THE PAYMENT OF CLASS TWO 
CONTRIBUTIONS
1. In calculating means for the purposes of article 12, account
shall be taken of - 
( a ) the value of any property (excluding the house of
residence) belonging to that person which is, or could
be, invested or put to profitable use, excluding
furniture, jewellery and other personal effects:
   Provided that, where the cash at bank and in hand
(including any liquid assets, time deposits, bonds,
stocks, shares or other securities) and the capital value
  SOCIAL SECURITY  g CAP. 318.        93
of any urban immovable property (excluding the house
of residence) which is not being put to profitable use,
together exceed Lm4,000 in the case of a single or
widowed person or Lm7,000 in the case of a married
man, the person requesting an exemption from the
payment of a Class Two contribution shall be deemed
not to be entitled to such an exemption; and
( b ) save as provided for in paragraph 3 of this Part, any
income or privilege which is or could be received or
enjoyed by that person.
2. Where the total capital resources referred to in paragraph
1( a ) of this Part do not exceed the limits laid down therein - 
( a ) the first Lm250 of such capital resources shall be
ignored; and
( b ) the value of any urban immovable property as is
referred to in the proviso to the aforesaid sub-
paragraph ( a ) shall be treated as producing an annual
income equivalent to 5.5% of its capital value.
3. In calculating the income or privilege which is or could be
received or enjoyed by the person requesting an exemption from
the payment of a Class Two contribution, no account shall be taken
of - 
( a ) any assistance, pension, benefit or allowance payable
under this Act;
( b ) any sickness benefit from a friendly society or a trade
union;
( c ) any sum paid out of a charitable fund;
Cap. 207.
( d ) any other pension other than a pension payable in
virtue of article 16A of the Malta Dockyard Act paid
apart from this Act; and
( e ) the first Lm200 by way of earnings derived by any
person from the carrying out of hand knitting, lace
making, crochet and embroidery activities, at home,
and the manufacture of which does not involve any
mechanical processes.
PART II 
SICKNESS ASSISTANCE
1. In calculating means for the purposes of article 20, account
shall be taken of - 
( a ) save as provided for in paragraph 3 of this Part, the
value of any property (excluding the house of
residence) belonging to all the members of the
household, who are neither employed persons nor self-
employed or self-occupied persons in terms of this
Act, which is or could be, invested or put to profitable
  94      CAP. 318. h                SOCIAL SECURITY
use excluding furniture, jewellery or other personal
effects:
    Provided that, where the cash at bank and in hand
(including liquid assets, time deposits, bonds, stocks,
shares and other securities) and the capital value of
any urban immovable property (excluding the house of
residence) which is not being put to profitable use,
together exceed -
 (i) Lm6,000 in the case of a household consisting of
one member only or a number of members
headed by a single person or a single parent; or
(ii) Lm10,000 in the case of a household consisting
of at least the head of household and his wife;
the person claiming sickness assistance shall not be
deemed to be entitled to such assistance; and
( b ) save as provided for in paragraph 4 of this Part, any
income or privilege which is or could be received or
enjoyed by any member of the household who are
neither employed persons nor self-employed or self-
occupied persons in terms of this Act:
Provided that any such property or income that has to be
taken into account for the purposes of this Part in accordance with
the foregoing provisions of this paragraph shall include any
property or income which any member of the household as
aforesaid in this Part had directly or indirectly deprived himself in
order to become entitled to Sickness Assistance or to become so
entitled at a more advantageous rate:
Cap. 452.
Provided further that, where a member, not being the head of
household and his wife, is an employed person or a self-employed
or self-occupied person, if his gross wage or gross income, as the
case may be, does not exceed 35% of the national minimum wage
as is applicable to persons of eighteen years of age or over
established by a National Standard Order issued under the
Employment and Industrial Relations Act during the period in
respect of which such assistance is due, such a member shall, for
the purpose of this paragraph, not be deemed to be an employed
person or a self-employed or self-occupied person.
2. Where the total capital resources referred to in paragraph
1( a ) of this Part do not exceed the limit laid down therein - 
( a ) the first Lm250 of such capital resources shall be
ignored; and
( b ) the value of any urban immovable property as is
referred to in the proviso to the aforesaid sub-
paragraph ( a ) shall be treated as producing an annual
income equivalent to 5.5% of its capital value.
3. Where any member, as aforesaid in this Part, of the
household, other than the head of household and his wife, is in
possession of any property as is referred to in paragraph 1( a ) of this
Part - 
  SOCIAL SECURITY  g CAP. 318.        95
( a ) the entire value of any future house of residence or
part thereof belonging to such member in view of
marriage shall be ignored;
( b ) one-half of the value of any other such property shall
be disregarded unless such property had been
transferred or donated to him by the head of household
or his wife within the twelve months immediately
preceding the claim for Sickness Assistance.
4. In calculating the income or privilege which is or could be
received or enjoyed by any member, as aforesaid in this Part, of the
household, no account shall be taken of - 
( a ) the first Lm40 arising out of the use of property;
( b ) any Social Assistance, Leprosy Assistance,
Tuberculosis Assistance, Milk Grant and Sickness
Assistance payable under this Act and any pension or
pensions (whether paid under this Act or not) up to a
maximum aggregate amount equivalent to the
aggregate of the highest rate of the National Minimum
Pension, inclusive of the Additional Allowance
payable, according to the claimant’s marital status as
is specified in the Twelfth Schedule to this Act;
( c ) any Supplementary Allowance, Children’s Allowance,
Care Allowance, Disabled Child Allowance or
Maternity Benefit payable under this Act; 
Cap. 123.
( d ) 81.6% of the total net income or of any privilege,
benefit or allowance or of any excess pension which is
being or could be received or enjoyed by such member
of the household, other than the head of household or
his wife, and, for this purpose, the total net income,
privilege, benefit, allowance or excess pension shall be
reduced by any income tax payments made by the
person concerned in accordance with the Income Tax
Act, and the term "excess pension" means any pension
over the National Minimum Pension as indicated in
subparagraph ( b );
( e ) any amounts as are referred to in paragraph 3( b ) and
( c ) of Part I of this Schedule;
( f )  any stipend received by any member of the household,
other than the head of household or the spouse of such
head of household during a full-time course of studies
or instruction under any scheme which is run by
Government, whether involving or not distinct work
and study periods; and, for this purpose, "stipend"
does not include any wage or other remuneration
which may be payable to the person concerned during
any work phase which may form part of such a
scheme;
( g ) the first Lm200 by way of earnings derived by any
person from the carrying out of hand knitting, lace
making, crochet and embroidery activities, at home,
  96      CAP. 318. h                SOCIAL SECURITY
and the manufacture of which does not involve any
mechanical processes.
5. For the purposes of this Part, "wife" shall include such
woman who, in the opinion of the Director, is living with the head
of household as if she were his lawful wedded wife, and in the case
where a female is, in the opinion of the Director, the head of
household, a male who in the opinion of the Director is living with
such head of household as if he were her lawful wedded husband,
during any period in which Sickness Assistance is being, or could
be, paid to the head of household under the provisions of this Act.
6. Where a head of household is in receipt of Sickness
Assistance under this Act, any increase, taking effect at any time
after the 6th January, 1989, to which he or any member, as
aforesaid in this Part, of his household may become entitled in
respect of any pension, benefit, assistance or allowance as is
payable to him or to any member of his household under this Act
during the same period within which he is in receipt of the
aforesaid Sickness Assistance, shall not be taken into account in
calculating the means of that household for the purposes of
establishing the continued right or otherwise to such Sickness
Assistance.
PART III 
FREE MEDICAL AID
1. In calculating means for the purposes of article 23, account
shall be taken of - 
( a ) save as provided for in paragraph 3 of this Part, the
value of any property (excluding the house of
residence) belonging to all the members of the
household, which is or could be, invested or put to a
profitable use excluding furniture, jewellery or other
personal effects:
Provided that, where the cash at bank and in hand
(including liquid assets, time deposits, bonds, stocks,
shares and other securities) and the capital value of
any urban immovable property (excluding the house of
residence) which is not being put to profitable use,
together exceed - 
(i) Lm4,000 in the case of a household consisting of
one member only or a number of members
headed by a single person or a single parent; or
(ii) Lm7,000 in the case of a household consisting of
at least the head of household and his wife;
the person claiming Free Medical Aid shall not be
deemed to be entitled to such aid; and
( b ) save as provided for in paragraph 4 of this Part, any
income or privilege which is or could be received or
  SOCIAL SECURITY  g CAP. 318.        97
enjoyed by any member of the household:
Provided that any such property or income that has to be
taken into account for the purposes of this Part in accordance with
the foregoing provisions of this paragraph shall include any
property or income which any member of the household had
directly or indirectly deprived himself of in order to become
entitled to Free Medical Aid.
2. Where the total capital resources referred to in paragraph
1( a ) of this Part do not exceed the limit laid down therein - 
( a ) the first Lm250 of such capital resources shall be
ignored; and
( b ) the value of any urban immovable property as is
referred to in the proviso to the aforesaid sub-
paragraph ( a ) shall be treated as producing an annual
income equivalent to 5.5% of its capital value.
3. Where any member of the household, other than the head
of household and his wife, is in possession of any property as is
referred to in paragraph 1( a ) of this Part - 
( a ) the entire value of any future house of residence or
part thereof belonging to such member in view of
marriage shall be ignored;
( b ) one-half of the value of any other such property shall
be disregarded unless such property had been
transferred or donated to him by the head of household
or his wife within the twelve months immediately
preceding the claim for Free Medical Aid.
4. In calculating the income or privilege which is or could be
received or enjoyed by any member of the household, no account
shall be taken of - 
( a ) the first Lm40 arising out of the use of property;
( b ) any Social Assistance, Leprosy Assistance,
Tuberculosis Assistance, Milk Grant and Sickness
Assistance payable under this Act and any pension or
pensions (whether paid under this Act or not) up to a
maximum aggregate amount equivalent to the
aggregate of the highest rate of the National Minimum
Pension, inclusive of the Additional Allowance
payable, according to the claimant’s marital status as
is specified in the Twelfth Schedule to this Act; 
( c ) any Supplementary Allowance, Children’s Allowance,
Disabled Child Allowance or Maternity Benefit
payable under this Act; 
( d ) 81.6% of the total net income, or of any wage or salary
or of any privilege, benefit or allowance or of any
excess pension which is being or could be received or
enjoyed by any member of the household, other than
the head of household or his wife; and for this purpose,
the total net income, wage, salary or pension shall be
taken as the total gross income, wage, salary or
  98      CAP. 318. h                SOCIAL SECURITY
pension less any payment made by the person
concerned by way of - 
Cap. 123. (i) income tax under the Income Tax Act;
(ii) expenses incurred for travelling by public
transport, or by any other form of transport as
may be provided by the employer of the person
concerned, to and from the place of work; and
(iii) any expenses incurred by the person concerned
in generating that income,
and the term "excess pension" means any pension over
the National Minimum Pension as indicated in sub-
paragraph ( b ) of this paragraph;
( e ) any amounts as are referred to in paragraph 3( b ) and
( c ) of Part I of this Schedule;
S.L.452.62
( f ) any weekly allowance payable by any employer in
terms of the Weekly Allowance National Standard
Order;
( g ) any benefit, income, privilege or grant accruing to any
member of the household under and in accordance
with the provisions of any of the Manpower Incentive
Schemes announced by Government, for the first 12
weeks of entitlement;
( h ) any stipend received by any member of the household,
other than the head of household or the spouse of such
head of household during a full-time course of studies
or instruction under any scheme which is run by
Government, whether involving or not distinct work
and study periods; and, for this purpose, "stipend"
does not include any wage or other remuneration
which may be payable to the person concerned during
any work phase which may form part of such a
scheme;
( i ) contributions under this Act; and 
( j ) the first Lm200 by way of earnings derived by any
person from the carrying out of hand knitting, lace
making, crochet and embroidery activities, at home,
and the manufacture of which does not involve any
mechanical processes.
5. For the purposes of this Part, "wife" shall include such
woman who, in the opinion of the Director, is living with the head
of household as if she were his lawful wedded wife, and in the case
where a female is, in the opinion of the Director, the head of
household, a male who in the opinion of the Director is living with
such head of household as if he were her lawful wedded husband,
during any period in which Free Medical Aid is being, or would be,
accorded to the head of household under the provisions of this Act.
  SOCIAL SECURITY  g CAP. 318.        99
PART IV
AGE PENSION AND CARER’S PENSION
1. In calculating means for the purposes of articles 66 and 68,
account shall be taken of any property (excluding the house of
residence), income or privilege as is indicated in paragraph 1 of
Part I of this Schedule; and, save as provided for in paragraph 3 of
this Part, where the limits laid down in the proviso to paragraph
1( a ) of Part I of this Schedule are exceeded, the person making a
claim for an Age Pension or a Carer’s Pension, as the case may be,
shall be deemed not to be entitled to such pension:
Provided that in calculating the means in terms of this
paragraph, in lieu of the limits laid down in the proviso to
paragraph 1( a ) of Part I of this Schedule, Lm6,000 in the case of a
single or widowed person or Lm10,000 in the case of a married
man shall instead be taken in the calculation of means.
2. The means accruing, or which could accrue, from any
property, income or privilege as is described under Part I of this
Schedule shall be calculated in the manner laid down in paragraphs
2 and 3 (with the exclusion of paragraph 3( a ) and ( d ) of the said
Part I); sohowever that, no account shall be taken of - 
( a ) the first Lm165 of such means, in the case of a married
couple; or
( b ) the first Lm115 of such means, in the case of a single
or widowed person; and
( c ) any Medical Assistance, any Supplementary
Allowance, Children’s Allowance, Care Allowance,
Disabled Child Allowance or Maternity Benefit
payable under this Act; 
( d ) the first Lm200 by way of earnings derived by any
person from the carrying out of hand knitting, lace
making, crochet and embroidery activities, at home,
and the manufacture of which does not involve any
mechanical processes.
3. Any such property or income that has to be taken into
account for the purposes of this Part in accordance with the
foregoing provisions of this Part shall include any property or
income which the person concerned had directly or indirectly
deprived himself of in order to become entitled to an Age Pension
or a Carer’s Pension, as the case may be, or to become so entitled at
a more advantageous rate; sohowever that, where the income that
the person concerned had directly or indirectly deprived himself of
is connected with some other scheme of financial aid or subsidy for
pensioners that is run by the Government of Malta or on its behalf,
the provisions of this paragraph shall not apply in respect of such
aid or subsidy.
4. In calculating the means of a married couple for the
purposes of awarding an Age Pension, account shall be taken of the
property (excluding the house of residence) belonging to the couple
or the income that is being received or that could be received, by
  100      CAP. 318. h                SOCIAL SECURITY
each of the couple:
Provided that, where there is no community of acquests
between them either because such community of acquests was
excluded by contract or because it was dissolved as a result of their
legal separation, account shall only be taken of the property
belonging to, or the income that is being received or that could be
received by each of the couple, so however that in the case where
such married couple is  de facto  separated, account shall be taken of
( a ) the property belonging to the community of acquests, and ( b )
only the income that is being received or that could be received by
the claimant:
Provided further that each of the couple in respect of whom
the foregoing proviso applies shall be entitled to receive the rate
applicable to a single or widowed person in accordance with Part II
of the Sixth Schedule to this Act as abated by the weekly means
attributable to each one of them.
5. Where a married man who is legally or  de facto  separated
from his wife proves to the satisfaction of the Director that he is
paying any sum to his wife as an integral condition of their
separation, that sum shall be deducted when calculating his means.
PART V
DISABILITY PENSION AND PENSION FOR THE VISUALLY 
IMPAIRED
1. In calculating the means for the purposes of article 27,
account shall be taken of - 
( a ) the value of any property (excluding the house of
residence) belonging to that person which is, or could
be, invested or put to profitable use, excluding
furniture, jewellery and other personal effects; and
( b ) save as provided for in paragraph 3 of this Part, any
income or privilege which is or could be received or
enjoyed by that person, calculated on a weekly basis.
2. The means which could accrue from any property as is
described under paragraph 1( a ) of this Part, which is not being put
to profitable use shall be calculated as follows:
( a ) the first Lm250 of such property shall be ignored; and 
( b ) the value of any such property in excess of Lm250
shall be deemed as producing a weekly income
equivalent to 0.11% of its capital value.
3. In calculating the income or privilege as is described under
paragraph 1( b ) of this Part, no account shall be taken of - 
( a ) any sickness benefit from a friendly society or a trade
union;
( b ) any sum paid out of a charitable fund; 
  SOCIAL SECURITY  g CAP. 318.        101
( c ) any Medical Assistance, Children’s Allowance,
Disabled Child Allowance or Maternity Benefit
payable under this Act;
( d ) the first Lm200 by way of earnings derived by any
person from the carrying out of hand knitting, lace
making, crochet and embroidery activities, at home,
and the manufacture of which does not involve any
mechanical processes.
4. In calculating the means of a married couple for the
purposes of awarding a Disability Pension or a Pension for the
Visually Impaired, account shall be taken of the property
(excluding the house of residence) belonging to the couple or the
income that is being received or that could be received, by each of
the couple:
Provided that, where there is no community of acquests
between them either because such community of acquests was
excluded by contract or because it was dissolved as a result of their
legal separation, account shall only be taken of the property
belonging to, or the income that is being received or that could be
received by each of the couple, sohowever that in the case where
such married couple is  de facto  separated, account shall be taken of
( a ) the community of acquests, and ( b )   only the income that is
being received or that could be received by the claimant:
Provided further that each of the couple in respect of whom
the foregoing proviso applies shall be entitled to receive the rate
applicable to a single or widowed person in accordance with Part
III of the Sixth Schedule to this Act as abated by the weekly means
attributable to each one of them.
5. Where a married man who is legally or  de facto  separated
from his wife proves to the satisfaction of the Director that he is
paying any sum to his wife as an integral condition of their
separation, that sum shall be deducted when calculating his means.
PART VI 
SOCIAL ASSISTANCE
1. In calculating means for the purposes of article 30, account
shall be taken of any property, income or privilege as is indicated
in paragraph 1 of Part II of this Schedule; sohowever that, no
account shall be taken of the first Lm200 by way of earnings
derived by any person from the carrying out of hand knitting, lace
making, crochet and embroidery activities, at home, and the
manufacture of which does not involve any mechanical processes;
and where the limit laid down in the proviso to paragraph 1( a ) of
Part II of this Schedule is exceeded, the person making a claim for
Social Assistance shall be deemed not to be entitled to such
assistance.
2. The means accruing or which accrue from any property,
income or privilege as is described under Part II of this Schedule
  102      CAP. 318. h                SOCIAL SECURITY
shall be calculated in the manner laid down in paragraphs 2 to 5 of
the said Part II; sohowever that, notwithstanding the provisions of
paragraph 4( b ) thereof, account shall be taken of any social
assistance and/or pension, if any, already being paid under this Act
to the same head of household and his wife, if any, at the time when
the claim for such assistance is made.
PART VII
CHILDREN’S ALLOWANCE AND DISABLED CHILD ALLOWANCE
1.  ( a )  In calculating the means for the purposes of article 76,
account shall be taken of the income derived from any
property, which is invested or put to profitable use,
excluding furniture, jewellery and other personal effects,
and any income or privilege, which is or could be
received or enjoyed by the head of household and his or
her spouse. And for this purpose such privilege shall
include any pre-tax profits, whether distributed or not,
held in any company or other commercial enterprise of
which the head of household and his or her spouse are
shareholders or owners, unless the Director is satisfied
that such pre-tax profits could not reasonably be made
available or enjoyed by the head of household and his or
her spouse.
( b ) In calculating the means for the purposes of article 77,
account shall be taken of the income derived from any
property, which is invested or put to profitable use,
excluding furniture, jewellery and other personal effects,
and any income or privilege, which is or could be
received or enjoyed by the head of household or his or
her spouse whichever is the greater income. And for this
purpose such income shall include any pre-tax profits,
whether distributed or not, held by any company or other
commercial enterprise of which the head of household or
his or her spouse are shareholders or owners, unless the
Director is satisfied that such pre-tax profits could not
reasonably be made available or enjoyed by the head of
household or his or her spouse:
Provided that any such income that has to be taken into
account for the purposes of this Part in accordance with the
foregoing provisions of this paragraph, shall include any income or
privilege which the head of household and his or her spouse, as the
case may be, and as aforesaid in this Part, had directly or indirectly
deprived himself or deprived themselves in order to become
entitled to an allowance or to become so entitled at a more
advantageous rate.
2. In calculating the income or privilege which is or could be
received or enjoyed by the head of household and his wife, no
account shall be taken of -
( a ) an allowance paid under articles 69, 76 and 77;
  SOCIAL SECURITY  g CAP. 318.        103
( b ) any medical assistance paid under articles 20, 21 and
22;
( c ) any injury grant or any injury pension paid under
article 29;
( d ) an allowance paid to a widow or widower in terms of
the provisions of article 31;
( e ) contributions paid under this Act as from the 1st
January, 1996;
( f ) in the case of a first child any income or privilege
which is received or enjoyed prior to the date of
marriage or the date of co-habitation, so however that,
in the case of single parents the period of assessment
shall commence as from the first day of the month
preceding the date of birth of the child by nine months.
3. A head of household who is in receipt of social assistance
or of an age pension under this Act, shall be deemed not to have
any means for the purposes of calculating any income in terms of
this Part.
4. ( a ) For the purposes of this Part the means taken for
income assessment purposes shall be those accruing
during the calendar year preceding the first Saturday in
July of the year in which the claim is made; and
( b ) Notwithstanding any change in circumstances, such
means shall be deemed to satisfy the conditions of the
applicable scale rates in accordance with the
Fourteenth Schedule to this Act, up to the last Friday
preceding the first Saturday in July of the year
following the calendar year in respect of which such
means were taken for assessment purposes:
Provided that, in the event of the demise of the head of
household or his spouse, the surviving spouse, or the person
deemed to be so in terms of article 82(2), shall be entitled to elect if
it is more beneficial to him or her that for the purposes of this Part,
his or her entitlement to an allowance is re-assessed with effect
from the first Saturday following the demise of such spouse, and
that such re-assessment shall take into consideration only the
current means and income. So however that, such request for a re-
assessment may only be made within six months from the date of
the demise of the spouse:
Provided further that in the case of a person who is in receipt
of a pension (whether paid under this Act or not) and who is not
gainfully occupied, the yearly means taken for the purposes of this
Part shall be the current yearly means accruing to him and to his
wife, if any:
Provided further that in the case of a married couple, where
any of the spouses is no longer gainfully occupied, the head of
household shall be entitled to elect, if it is more beneficial to him or
her, that for the purposes of this Part, his or her entitlement to an
allowance is re-assessed with effect from the first Saturday
following the cessation from a gainful occupation of the other
  104      CAP. 318. h                SOCIAL SECURITY
spouse, and that such re-assessment shall take into consideration
only the current means and income of such household. So however
that such request for a re-assessment may only be made within six
months from the date of the cessation from such gainful occupation
by the spouse.
5. For the purpose of this Part "spouse" includes such woman
who, in the opinion of the Director, is living with the head of
household as if she were his lawful wedded wife and, in the case
where a female is, in the opinion of the Director, the head of
household, a male who, in the opinion of the Director, is living with
such head of household as if he were her lawful wedded husband,
during any period in which an allowance under this Part is being, or
could be, paid to the head of household under the provisions of this
Act.
PART VIII
SUPPLEMENTARY ALLOWANCE
1. In calculating the means for the purposes of article 73,
account shall be taken of the income derived from any property
which is invested or put to profitable use, excluding furniture,
jewellery and other personal effects, and any income or privilege
which is received or enjoyed by the head of household and his wife,
if any.
2. In calculating the income or privilege which is or could be
received or enjoyed by the head of household and his wife, no
account shall be taken of - 
( a ) any medical assistance paid under articles 20, 21 and
22;
( b ) any injury grant or any injury pension paid under
article 29;
( c ) contributions paid under this Act;
Cap. 123.
( d ) 81.6% of the total net income or of any privilege,
benefit or allowance or of any excess pension which is
being or could be received or enjoyed by a member of
the household, other than the head of household or his
wife, and for this purpose, the total net income,
privilege, benefit, allowance or excess pension shall be
reduced by any income tax payments made by the
person concerned in accordance with the Income Tax
Act, and the term "excess pension" means any pension
over the national minimum pension, inclusive of the
additional allowance, according to claimant’s marital
status as is specified in the Twelfth Schedule to this
Act.
3. A head of household who is in receipt of social assistance
or of an age pension under this Act, shall be deemed not to have
any means for the purposes of calculating any income in terms of
  SOCIAL SECURITY  g CAP. 318.        105
this Part.
4. For purposes of this Part, in the case of a head of
household who is in receipt of a pension (whether paid under this
Act or not), any income, or any privilege, benefit or allowance
derived by any member, not being the head of household or his
wife, shall not be taken into account.
5. ( a )  For the purposes of this Part the means taken for income
assessment purposes shall be those accruing during the
calendar year preceding the first Saturday in July of the
year in which the claim is made; and
 ( b )  Notwithstanding any change in circumstances, such means
shall be deemed to continue to satisfy the conditions of
the applicable scale rates in accordance with the
Fourteenth Schedule to this Act, up to the last Friday
preceding the first Saturday in July of the year following
the calendar year in respect of which such means were
taken for assessment purposes:
Provided that, in the event of the demise of the head of
household, the surviving spouse, or the person deemed to be so in
terms of article 82(2), shall be entitled to elect, if it is more
beneficial to him or to her, that for the purposes of this Part,
entitlement to an allowance is re-assessed with effect from the first
Saturday following the spouse’s demise, and that such re-
assessment shall take into consideration only the current means and
income, so however that such request for a re-assessment may only
be made within six months from the date of the demise of the
spouse:
Provided further that in the case of a person who is in receipt
of a pension (whether paid under this Act or not), and who is not
gainfully occupied, the yearly means taken for the purposes of this
Part shall be the current yearly means accruing to him and to his
wife, if any.
  106      CAP. 318. h                SOCIAL SECURITY
Part II
Amounts of Injury Grant
Substituted by:
XVI.1990.51.
Amended by:
XIII.1991.43. 
Substituted by:
VIII.1992.41. 
Amended by:
XXIV.1993.16;
XXV.1994.2,34.
Substituted by:
XXVII.1995.14;
XXI.1996.59;
XXII.1997.7;
L.N. 56 of 1999;
L.N. 84 of 1999;
L.N. 10 of 2000;
L.N. 21 of 2001;
L.N. 4 of 2002;
L.N. 422 of 2002;
L.N. 436 of 2003.
THIRD SCHEDULE
gARTICLES 18, 28, 29, 30h
PART I
Rates of Sickness, Unemployment, Special Unemployment, and 
Injury Benefits; Injury Grant and Injury Pension
Daily Rate of Benefit
Type of Benefit
A Single person or a married person 
maintaining a spouse who is not 
employed on a full-time basis
Any other person
Lm c Lm c
Sickness Benefit 
Injury Benefit
Unemployment
Benefit 
Special
Unemployment
Benefit
6.32
9.49
3.84
6.44
4.09
7.14
2.50
4.20
Degree of Disablement Amount of Grant
% Lm c 
1 77.56
2 155.11
3 232.67
4 310.23
5 387.77
6 465.33
7 542.88
8 620.44
9 698.00
10 775.55
11 853.11
12 930.67
13 1008.22
14 1085.78
15 1163.33
16 1240.87
  SOCIAL SECURITY  g CAP. 318.        107
Part III
Highest Rate of Injury Pension
Part IV
Orphan’s Allowance
Part V
Orphan’s Supplementary Allowance
17 1318.43
18 1395.98
19 1473.54
Weekly Rate
Lm c
22.35
Weekly Rate
Lm c
13.98
Weekly Rate
Lm c
30.99
  108      CAP. 318. h                SOCIAL SECURITY
FOURTH SCHEDULE 
( A R T I C L E  28 )
INDUSTRIAL DISEASES OR INJURIES
Description of disease or injury
  Poisoning by:
Nature of Occupation
Any occupation involving:
1. Lead or a compound of lead The use or handling of, or exposure to the
fumes, dust or vapour of, lead or a
compound of lead, or a substance
containing lead.
2. Manganese or a compound of
manganese
The use or handling of, or exposure to the
fumes, dust or vapour of, manganese or a
compound of manganese, or a substance
containing manganese. 
3. Phosphorus or phosphine or
poisoning due to the anti-
cholinesterase action of organic
phosphorus compounds
The use or handling of, or exposure to the
fumes, dust or vapour of, phosphorus, or a
compound of phosphorus, or a substance
containing phosphorus. 
4. Arsenic or a compound of arsenic The use or handling of, or exposure to the
fumes, dust or vapour of, arsenic or a
compound of arsenic, or a substance
containing arsenic.
5. Mercury or a compound of mercury  The use or handling of, or exposure to the
fumes, dust or vapour of, mercury or a
compound of mercury, or a substance
containing mercury.
6. Carbon bisulphide The use or handling of, or exposure to the
fumes, or vapour of carbon bisulphide, or
a compound of carbon bisulphide, or a
substance containing carbon bisulphide.
7. Benzene or a homologue The use or handling of, or exposure to the
fumes of, dust or vapour containing
benzene or any of its homologues.
8. A nitro- or amino- or chloro-
derivative of benzene, or of a
homologue of benzene, or poisoning
by nitrochlorobenzene
The use or handling of, or exposure to the
fumes of, dust or vapour containing, a
nitro- or amino- or chloro-derivative of
benzene or homologue of benzene or
nitrochlorobenzene.
9. Dinitrophenol or a homologue or by
substituted dinitrophenols or by the
salts of such substances
The use or handling of, or exposure to the
fumes of, or vapour containing,
dinitrophenol or a homologue or
substituted denitrophenols or the salts of
such substances.
  SOCIAL SECURITY  g CAP. 318.        109
10. A halogen derivative of a
hydrocarbon of the aliphatic series
The use or handling of, or exposure to the
fumes of, or vapour containing, a halogen
derivative of a hydrocarbon of the
aliphatic series.
11. Tri-cresyl phosphate  The use or handling of, or exposure to the
fumes of, or vapour containing, tricresyl
phosphate.
12. Tri-phenyl phosphate The use or handling of, or exposure to the
fumes of, or vapour containing, triphenyl
phosphate.
13. Diethylene dioxide (dioxan)  The use or handling of, or exposure to the
fumes of, or vapour containing,
diethylene dioxide (dioxan).
14. Chlorinated naphthalene The use or handling of, or exposure to the
fumes of, dust or vapour containing,
chlorinated naphthalene. 
15. Nickel carbonyl Exposure to nickel carbonyl gas.
16. Nitrous fumes The use or handling of nitric acid or
exposure to nitrous fumes.
17. Beryllium or a compound of
beryllium
The use or handling of, or exposure to the
fumes, dust or vapour of, beryllium or a
compound of beryllium, or a substance
containing beryllium.
18. Cadmium Exposure to cadmium fumes.
19. Gonioma kamassi (African boxwood) The manipulation of gonioma kamassi or
any process in or incidental to the
manufacture of articles therefrom.
20. Anthrax  The handling of wool, hair, bristles, hides
or skins or other animal produces or
residues, or contact with animals infected
with anthrax, or the loading, unloading or
transport of merchandise. 
21. Glanders Contact with equine animals or their
carcasses.
22. ( a ) Infection by Leptospira
ictorohaemorrhagiae 
( b ) Infection by Leptospira canicola 
Work in places which are, or are liable to
be, infested by rats.
Work at dog kennels or the care or
handling of dogs.
23. Tuberculosis Close and frequent contact with a source
or sources of tuberculosis infection by
reason of employment -
  110      CAP. 318. h                SOCIAL SECURITY
( a ) in the medical treatment or nursing of
a person or persons suffering from
tuberculosis, or in a service ancillary
to such treatment or nursing;
( b ) in attendance upon a person or
persons suffering from tuberculosis,
where the need for such attendance
arises by reason of physical or mental
infirmity;
( c ) as a research worker engaged in
research in connection with tuber-
culosis;
( d ) as a laboratory worker, pathologist or
person taking part in or assisting at
postmortem examinations of human
remains where the occupation
involves working with material which
is a source of tuberculosis infection.
24. Brucellosis  Contact with bovine animals, sheep and
goats infected by brucella organisms,
their carcasses or parts thereof or their
untreated products, or with laboratory
specimens or vaccines of or containing
brucella organisms, by reason of
employment -
( a ) as a farm worker;
( b )  as a veterinary worker;
( c ) as a slaughterhouse worker; 
( d ) as a laboratory worker; or
( e ) in any other work relating to the care,
treatment, examination or handling of
such animals, carcasses or parts
thereof, or products including
untreated milk.
25. Heat cataract Frequent or prolonged exposure to rays
from molten or red-hot material. 
26. Decompression sickness Subjection to compressed or rarefied air.
27. Subcutaneous cellulitis of the hand
(Beat Hand)
Manual labour causing severe or
prolonged friction or pressure on the
hand. 
28. Bursitis or subcutaneous cellulitis
arising at or about the knee due to
severe or prolonged external friction
or pressure at or about the knee (Beat
Knee)
Manual labour causing severe or
prolonged external friction or pressure at
or about the knee.
  SOCIAL SECURITY  g CAP. 318.        111
29. Bursitis or subcutaneous cellulitis
arising at or about the elbow due to
severe or prolonged external friction
or pressure at or about the elbow
(Beat Elbow)
Manual labour causing severe or
prolonged external friction or pressure at
or about the elbow.
30. Traumatic inflammation of the ten-
dons of the hand or forearm, or of the
associated tendon sheaths
Manual labour, or frequent or repeated
movements of the hand or wrist. 
31. Inflammation or ulceration of the
mucuous membrane of the upper
respiratory passages or mouth
produced by dust, liquid or vapour
Exposure to dust, liquid or vapour.
32. Non-infective dermatitis of external
origin (including chrome ulceration
of the skin but excluding dermatitis
due to ionising particles or
electromagnetic radiations other than
radiant heat)
Exposure to dust, liquid or vapour or any
other external agent capable of irritating
the skin (including friction or heat but
excluding ionising particles or
electromagnetic radiations other than
radiant heat).
33. ( a ) Dystrophy of the cornea
(including ulceration of the
corneal surface) of the eye;
( b ) localised new growth of the skin,
papillomatous of keratotic;
( c ) squamous-celled carcinoma of
the skin,
due in any case to arsenic, tar, pitch,
bitumen, mineral oil (including
parafin), soot or any compound,
product (including quinone or
hydroquinone) or residue of any of
these substances
The use or handling of, or exposure to,
arsenic, tar, pitch, bitumen, mineral oil
(including parafin), soot or any
compound, product (including quinone or
hydroquinone), or residue of any of these
substances.
34. Inflammation, ulceration or
malignant disease of the skin or
subcutaneous tissues or of the bones,
or blood dyscrastia, or cataract, due
to electromagnetic radiation (other
than radiant heat), or to ionising
particles
Exposure to electromagnetic radiations
other than radiant heat, or to ionising
particles.
35. ( a ) Carcinoma of the mucuous
membrane of the nose or
associated air sinuses;
( b ) primary carcinoma of a bronchus
or of a lung
Work in a factory where nickel is
produced by decomposition of a gaseous
nickel compound which necessitates
working in or about a building or
buildings where that process or any other
industrial process ancillary or incidental
thereto is carried on.
  112      CAP. 318. h                SOCIAL SECURITY
36. Primary neoplasm of the epithelial
lining of the urinary bladder
(Papilloma of the bladder), or of the
epithelial lining of the renal pelvis or
of the epithelial lining of the ureter
( a ) Work in a building in which any of
the following substances is produced
for commercial purposes:
(i) alpha-naphthylamineor betana-
phthylamine; 
(ii) diphenyl substituted by at least
one nitro or primary amino group
or by at least one micro and
primary amino group;
(iii) any of the substances mentioned
in sub-paragraph (ii) above if
further ring substituted by
halogeno, methyl or methoxy
groups, but not by other groups;
(iv) the salts of any of the substances
mentioned in sub-paragraphs (i)
to (iii) above;
(v) auramine or magenta;
( b ) the use or handling of any of the
substances mentioned in sub-
paragraphs (i) to (iv) of paragraph ( a ),
or work in a process in which any
such substance is used or handled or
is liberated;
( c ) the maintenance or cleaning of any
plant or machinery used in any such
process as is mentioned in paragraph
( b ), or the cleaning of clothing used in
any such building as is mentioned in
paragraph ( a ) if such clothing is
cleaned within the works of which the
building forms a part or in a laundry
maintained and used solely in
connection with such works.
37. Primary malignant neoplasm of the
mesothollum (diffuse mesothelioma)
of the pleura or of the peritoneum
( a ) The working or handling of asbestos
or any admixture of asbestos; 
( b ) the manufacture or repair of asbestos
textiles or other articles containing or
composed of asbestos; 
( c ) the cleaning of any machinery or
plant used in any of the foregoing
operations and of any chambers,
fixtures and appliances for the
collection of asbestos dust;
( d ) substantial exposure of the dust
arising from any of the foregoing
operations.
  SOCIAL SECURITY  g CAP. 318.        113
38. Pulmonary disease due to the
inhalation of the dust of mouldy hay
or of other mouldy vegetable
produce, and characterised by
symptoms and signs attributable to
reaction in the peripheral part of the
broncho-pulmonary system, and
giving rise to a defect in gas
exchange (Farmer’s lung)
Exposure to the dust of mouldy hay or
other mouldy vegetable produce by
reasons of employment:
( a ) in agriculture or horticulture; or 
( b ) in loading or unloading or handling in
storage such hay or other vegetable
produce; or
( c ) in handling bagasse.
39. Byssinosis Work in any room where any process up
to and including the carding process is
performed in factories in which the
spinning or manipulation of raw or waste
cotton or flax is carried on. 
40. Fibrosis of the lungs due to silica
dust, asbestos dust or other
fibrogenic dust, including the
condition of the lungs known as dust
reticulation (Pneumoconiosis); and
silicotuberculosis provided that
silicosis is an essential factor in
causing the resultant incapacity or
death
Exposure to fibrogenic dust.
41. Telegraphist’s cramp The use of Morse key telegraphic
instruments for prolonged periods. 
42. Writer’s cramp  Handwriting for prolonged periods. 
43. Twister’s cramp The twisting of cotton or woollen
(including worsted) yarn.
44. Typhoid Close and frequent contact with a source
or sources of typhoid infection by reason
of employment - 
( a ) as a research worker engaged in
research in connection with typhoid;
( b ) as a laboratory worker where the
occupation involves working with
material which is a source of typhoid
infection.
45. Brachial Neuralgia Prolonged operation of industrial
machinery involving the lifting, pushing
and retracting of heavy, thick or bulky
clothing material.
  114      CAP. 318. h                SOCIAL SECURITY
1.  Malignant Diseases
2. Cardiovascular Diseases:
( a ) congestive cardiac failure
( b ) persistent hypertension with a diastolic reading above 110 if left untreated
3. Endocrine:
( a ) Addison’s Disease
( b ) Juvenile Diabetes Mellitus 
( c ) Enzyme deficiency disorders 
4. Renal:
( a ) nephrotic syndrome 
( b ) chronic renal failure
5. Digestive system:
( a ) chronic peptic ulcer
( b ) coeliac disease and idopathic steatorrhea 
( c ) Crohn’s Disease and ulcerative colitis
6. Diseases of the liver:
( a ) hepatic cirrhosis associated with ascites or neurological symptoms 
( b ) Wilson’s Disease
7. Chronic Schizophrenia 
8. Infectious diseases:
( a )  H.I.V. positive.
9. Miscellaneous:
( a ) serious bodily or mental impairment arising from Diabetes Mellitus
whether congenital or acquired
( b ) all cases of diabetes.
Amended by: 
XVI. 1990. 52; 
XIII.1991.44;
XXV.1994.2,35.
Substituted by:
L.N. 56 of 1999;
L.N. 84 of 1999.
FIFTH SCHEDULE
gARTICLES 20 AND 23h
PART I
DISEASES AND CONDITIONS IN RESPECT OF WHICH SICKNESS 
ASSISTANCE MAY BE PAYABLE
  SOCIAL SECURITY  g CAP. 318.        115
PART II
DISEASES AND CONDITIONS IN RESPECT OF WHICH FREE 
MEDICAL AID MAY BE ACCORDED
1. Malignant Diseases
2. Cardiovascular Diseases:
( a ) congestive cardiac failure
( b ) persistent hypertension with a diastolic reading above 110 if left untreated
(c) Ischaemic Heart Disease
3.  Respiratory Diseases:
( a ) chronic respiratory failure 
( b ) chronic asthma
4.  Collagen Disease:
( a ) chronic rheumatoid arthritis 
( b ) systemic Lupus Erythematosus 
( c ) systemic sclerosis
( d ) dermatomyositis 
( e ) polyarteritis nodosa 
5.  Endocrine:
( a ) Addison’s Disease
( b ) hypopituitarism including Diabetes Insipidus 
( c ) enzyme deficiency disorders
( d ) endomitriosis
6.  Renal:
( a ) nephrotic syndrome 
( b ) chronic renal failure 
7.  Digestive system:
( a ) chronic peptic ulcer
( b ) coeliac disease and idopathic stearorrhea 
( c ) Crohn’s Disease and ulcerative colitis
8.  Disease of the liver:
( a ) hepatic cirrhosis associated with ascites or neurological symptoms 
( b ) Wilson’s Disease
9.  Diseases of the Central Nervous System: 
( a ) epilepsy
( b ) incapacitating Parkinsons’s Disease
( c ) myasthenia gravis
( d )multiple sclerosis
  116      CAP. 318. h                SOCIAL SECURITY
( e )motor neurone disease
10.  Schizophrenia
11.  Haemophilia 
12.  Paget’s Disease:
( a ) generalised Paget’s Disease showing activity as manifested by an alkaline
phosphatase level of not less than 100 King Armstrong Units
( b ) spinal Paget’s Disease producing neurological symptoms 
13.  Glaucoma
14.  Extensive Psoriasis
15.  Huntington’s Chorea
16.  Auto-Immune Enteropathy
17. H.I.V positive
18. Congenital indifference to pain
  SOCIAL SECURITY  g CAP. 318.        117
Where the number of eligible members in the household exceeds the number
indicated in the above column, the respective weekly rates indicated therein shall be
increased by Lm3.50 per week in respect of every other eligible member in that
household.
Part II
Highest Rate of Age Pension per week, inclusive of any increases
under the provisions of article 90A 
  SIXTH SCHEDULE
gARTICLES 27, 30, 66, 68h
PART I
Scale Rates of Social Assistance per week,
inclusive of any measures under the provisions of article 90A 
Substituted by: 
XIV.1988.18. 
Amended by:
XVI. 1989.28. 
Substituted by: 
XVI.1990.53. 
Amended by:
XIII.1991.45.
Substituted by:
VIII.1992.42.
Amended by:
XXIV.1993.17;
XXV.1994.2,36;
XXVII.1995.15.
Substituted by:
XXI.1996.60;
XXII.1997.8;
L.N. 56 of 1999;
L.N. 84 of 1999;
L.N. 10 of 2000;
L.N. 21 of 2001;
L.N. 4 of 2002;
L.N. 422 of 2002;
L.N. 436 of 2003. 
A household of ONE eligible member only
Lm c
31.47
Category of Pensioner  Highest Rate of Age Pension 
per week
Lm c
1. A married man whose wife:-
(i) also qualifies for a pension in her
own right under articles 27 or 66  43.10
(ii) does not qualify for a pension in
her own right under articles 27 or 66  25.65
2. A married woman whose husband
does not qualify for a pension in his own
right under articles 27 or 66  25.65
3. Widowed or single persons 33.21
  118      CAP. 318. h                SOCIAL SECURITY
Part III
Highest Rate of Disability Pension and Pension for the Visually Impaired per week, 
inclusive of any increase under the provisions of article 90A 
Part IV
Highest Rate of Carer’s Pension per week inclusive of any increases under the 
provisions of article 90A 
Part V
House Rent
The rates in Parts I, II, III, and IV of this Schedule shall be increased by 50c per
week if the household is paying rent for its normal place of habitation:
Provided that, where more than one household live within the same
premises, the rent allowance shall be paid only once, and shall be paid to the head of
household responsible for the payment of such rent to third parties.
The groundrent payable by the household in respect of premises which are held in
emphyteusis for a period not exceeding twenty-five years shall be deemed to be the
house rent for the purposes of this paragraph if such premises are used exclusively
by the household and solely as residence.
Part VI
Rate per week of Allowance in lieu of an Age Pension, 
a Disability Pension and a Pension for the Visually Impaired
Category of Pensioner  Highest Rate of Disability Pension or 
Pension for the Visually Impaired per 
week
Lm c
1. A married man whose wife:-
(i) also qualifies for a pension in her
own right under articles 27 or 66  40.13
(ii) does not qualify for a pension in
her own right under articles 27 or 66  25.55
2. A married woman whose husband
does not qualify for a pension in his own
right under articles 27 or 66  25.55
3. Widowed or single persons 30.99
Highest Rate of Carer’s Pension per week
Lm c
33.61
Lm c
5.52
  SOCIAL SECURITY  g CAP. 318.        119
Scale rates of means governing Sickness Assistance
Where the number of members in the household exceeds 1, the weekly rate
indicated above shall be increased by Lm3.50 per week in respect of every other
member in that household.
SEVENTH  SCHEDULE
gARTICLE 20h
Amended by:
XVI.1989.29.
Substituted by:
VIII. 1992.43;
XXI.1996.61;
XXII.1997.9;
L.N. 56 of 1999;
L.N. 84 of 1999.
Number of Persons in household Scale Rate
One person only Lm9.30
  120      CAP. 318. h                SOCIAL SECURITY
Scale rates of means governing Free Medical Aid where the head of household is in 
insurable employment or self-occupied
Where the number of members in the household exceeds 1, the weekly rate
indicated above shall be increased by Lm3.50 per week in respect of every other
member in that household.
Part II
Scale rates of means governing Free Medical Aid where the head of household is 
neither in insurable employment nor self-occupied
Where the number of members in the household exceeds 1, the weekly rate
indicated above shall be increased by Lm3.50 per week in respect of every other
member in that household.
Amended by:
XVI.1989.30;
XVI.1990.54.
Substituted by: 
XIII.1991.46;
VIII.1992.44.
Amended by:
XXIV.1993.18;
XXV.1994.37;
XXVII.1995.16.
Substituted by:
XXI.1996.62;
XXII.1997.10;
L.N. 56 of 1999;
L.N. 84 of 1999;
L.N. 10 of 2000;
L.N. 21 of 2001;
L.N. 4 of 2002;
L.N. 422 of 2002;
L.N. 436 of 2003.
EIGHTH SCHEDULE
gARTICLE 23h
PART I
Number of Persons in household Scale Rate
Lm c
One person only 45.88
Number of Persons in household Scale Rate
One person only Lm11.75
  SOCIAL SECURITY  g CAP. 318.        121
Amounts of Sickness Assistance, Milk Grant, Leprosy Assistance and 
Tuberculosis Assistance 
NINTH SCHEDULE
gARTICLE 25h 
Amended by: 
XIV. 1988.19. 
Substituted by: 
XVI. 1990.55;
XIII.1991.47;
VIII.1992.45;
XXVII.1995.17.
XXI.1996.63.
Substituted by:
XXII.1997.11;
L.N. 56 of 1999;
L.N. 84 of 1999;
L.N. 10 of 2000;
L.N. 21 of 2001;
L.N. 4 of 2002;
L.N. 422 of 2002;
L.N. 436 of 2003.
Type of Assistance Weekly Rate
Lm c
1. Sickness Assistance:-
(i)   in respect of the first member of
the household 7.20
(ii)   in respect of any other member of
the same household 5.00
2.   Milk Grant 5.45
3.   Leprosy Assistance: -
(i)   in respect of the head of household
who is a leper
(ii)   in respect of any other member of
the household who is a leper and not
gainfully occupied:
( a )   if under 16 years of age
( b )   if 16 years of age or over
(iii)   in respect of any other member of
the household who is not gainfully occupied
11.55
5.40
11.55
5.40
4. Tuberculosis Assistance:-
(i)   basic amount of tuberculosis
assistance payable in respect of a household
one member of which is affected by
tuberculosis
(ii)   allowance payable in respect of
each additional member of the household
affected by or particularly vulnerable to
tuberculosis
8.40
4.00
  122      CAP. 318. h                SOCIAL SECURITY
Amended by:
XX.1987.16. 
Substituted by:
XVI.1989.31; 
XVI.1990.56;
XIII.1991.48;
VIII.1992.46;
XXIV.1993.19;
XXV.1994.38;
XXVII.1995.18;
XXI.1996.64.
Substituted by:
XXII.1997.12;
L.N. 56 of 1999;
L.N. 84 of 1999;
L.N. 10 of 2000;
L.N. 21 of 2001;
L.N. 4 of 2002;
L.N. 422 of 2002;
L.N. 436 of 2003.
TENTH SCHEDULE
gARTICLES 7 and 10h
RATES OF CONTRIBUTIONS
Part I 
Class One Contributions 
( Employed Persons )
Cate-
gory
Type of Employed Person Weekly Rate of 
Contribution 
payable by employed 
person
Weekly Rate of 
Contribution 
payable by the 
employer
A
Persons under 18 years of age
(other than those falling under
Category ‘E’ below of this Part)
whose basic weekly wage or the
weekly equivalent of their basic
monthly salary does not exceed
Lm53.88.
Lm2.84 Lm2.84
B
Persons over 18 years of age
(other than those falling under
Category ‘F’ of this Part) whose
basic weekly wage or the weekly
equivalent of their basic monthly
salary does not exceed Lm53.88.
Lm5.39 Lm5.39
C
Persons (other than those falling
under Categories ‘E’ and ‘F’ of
this Part) whose basic weekly
wage or the weekly equivalent of
their basic monthly salary
exceeds Lm53.88 but does not
exceed Lm129.77.
10%, calculated to
the nearest cent, of
their basic weekly
wage or the weekly
equivalent of their
basic monthly
salary.
10%, calculated to
the nearest cent, of
their basic weekly
wage or the
equivalent of their
basic monthly
salary.
D
Persons (other than those falling
under Categories ‘E’ and ‘F’ of
this Part) whose basic weekly
wage or the weekly equivalent of
their basic monthly salary ex-
ceeds Lm129.77.
Lm12.98 Lm12.98
  SOCIAL SECURITY  g CAP. 318.        123
Part II
Class Two Contributions
( Self-Employed Persons )
 
E
Persons under 18 years of age
who are following a full-time
course of studies or instruction
under the Student-Worker
Scheme or other similar schemes,
(including the Extended Skills
Training Schemes, but excluding
the Worker-Student Schemes)
involving distinct work and study
periods for which they are
receiving remuneration
10%, calculated to
the nearest cent, of
the basic weekly
remuneration or the
weekly equivalent of
their basic monthly
remuneration up to
the maximum rate of
contribution of
Lm1.88
10%, calculated to
the nearest cent, of
the basic weekly
remuneration or the
weekly equivalent
of their basic
monthly remuner-
ation up to the
maximum rate of
contribution of
Lm1.88
F
Persons over 18 years of age who
are following a full-time course
of studies or instruction under the
Student-Worker Scheme or other
similar schemes (including the
Extended Skills Training
Schemes, but excluding the
Worker-Student Schemes)
involving distinct work and study
periods for which they are
receiving remuneration.
10%, calculated to
the nearest cent of
the basic weekly
remuneration or the
weekly equivalent of
their basic monthly
remuneration up to
the maximum rate of
contribution of
Lm3.41
10%, calculated to
the nearest cent, of
the basic weekly
remuneration or the
weekly equivalent
of their basic
monthly remuner-
ation up to the
maximum rate of
contribution of
Lm3.41.
Cate-
gory
Type of Self-Employed Person Weekly Rate of 
Contributions payable 
by a Self-Employed 
Person 
Persons whose annual net income (excluding
Maternity Benefit, Children’s Allowance and any  ex
gratia  Benefit payable under article 88) during the
calendar year immediately preceding the contribution
year in which the contribution is being paid:- 
SP exceeds Lm430 but does not exceed Lm2700 (this
category is applicable ONLY to single persons who
are not self-occupied) Lm7.79
SA is less than Lm3327 Lm9.61
SB exceeds Lm3327 but does not exceed Lm6748 The weekly equivalent 
of 15% of their annual 
income calculated to the 
nearest cent.
SC exceeds Lm6748 Lm19.47
  124      CAP. 318. h                SOCIAL SECURITY
Part III
Class Two Contributions
( Self-Occupied Persons )
Cate-
gory
Type of Self-Occupied Person Weekly Rate of 
Contributions 
payable by a Self-
Occupied person 
Persons whose annual net earnings (excluding
Maternity Benefit, Children’s Allowance and any  ex
gratia  Benefit payable under article 88) during the
calendar year immediately preceding the contribution
year in which the contribution is being paid:- 
SA is less than Lm3327 Lm9.61
SB exceeds Lm3327 but does not exceed Lm6748 The weekly 
equivalent of 15% of 
their annual earnings 
calculated to the 
nearest cent.
SC exceeds Lm6748 Lm19.47
  SOCIAL SECURITY  g CAP. 318.        125
Contribution Conditions
1. The contribution conditions for Sickness Benefit or Unemployment Benefit
or Special Unemployment Benefit are - 
( a ) that the person concerned has paid not less than 50 contributions; and
( b ) that he has paid or had credited to him not less than 20 contributions for
his last two consecutive complete contribution years before the
beginning of his benefit year which includes the date on which the
conditions are required to be satisfied.
2. The contribution conditions for a Widow’s Pension, a Retirement Pension,
an Increased Retirement Pension, a National Minimum Pension, or an Increased
National Minimum Pension are - 
( a ) that the person has paid not less than 156 contributions; and
( b ) that the yearly average of contributions paid by or credited to him for
the period - 
(i) ( a ) beginning on the first day of his contribution year in which the
7th May, 1956, falls, or on the first day of his contribution year in
which he reaches the age of nineteen, whichever is the later; or
( b ) in respect of any person born on or after the 4th day of April,
1958, beginning on the first day of his contribution year in which
the 3rd day of April, 1977, falls, or on the first day of his
contribution year in which he reaches the age of eighteen,
whichever is the later; and
(ii) ending on the last day of his last complete contribution year
before the beginning of his benefit year which includes the day on
which the conditions are required to be satisfied,
is not less than 50: 
Provided that - 
( a ) a widow whose husband dies on or after the 22nd day of January, 1968,
shall be entitled to elect that, in determining whether her husband
satisfied the relevant contribution conditions at the date of his death, the
date 1st February, 1965, shall be substituted for the date 7th May, 1956;
and, if she so elects, no account shall be taken of any contributions paid
by her husband before the 1st day of February, 1965;
( b ) a person who claims a Retirement Pension on or after the l8th day of
October 1971, or an Increased Retirement Pension or a National
Minimum Pension or an Increased National Minimum Pension on or
after the 1st April, 1978 shall be entitled to elect that, in determining
whether he satisfies the relevant contribution conditions, the date 1st
February, 1965 shall be substituted for the date 7th May, 1956; and if he
so elects, no account shall be taken of any contribution paid by him or,
if the claimant is a widow, paid by her husband before the 1st day of
February, 1965;
ELEVENTH SCHEDULE
g A R T I C L E  17h 
Amended by: 
XVI. 1990.57;
VIII.1992.47;
XXI.1996.65.
  126      CAP. 318. h                SOCIAL SECURITY
( c ) where a person is in receipt of a Retirement Pension, an Increased
Retirement Pension or a National Minimum Pension or an Increased
National Minimum Pension in accordance with the provisions of this
Act, no account shall be taken on any subsequent claim of any
contribution which is paid in respect of any contribution week after the
date on which he started receiving the Retirement Pension, an Increased
Retirement Pension or a National Minimum Pension or an Increased
National Minimum Pension.
3. The contribution conditions for an Invalidity Pension or an Increased
Invalidity Pension or a National Minimum Pension prior to reaching pension age
are-
( a ) that the person has paid not less than 250 contributions; and
( b ) that the yearly average of contributions paid by or credited to him for
the period - 
(i)( a ) beginning on the first day of his contribution year in which the 1st
day of February, 1965, falls, or on the first day of his contribution
year in which he reaches the age of nineteen, whichever is the
later; or
( b) in respect of any person born on or after the 4th day of April,
1958, beginning on the first day of his contribution year in which
the 3rd day of April, 1977, falls, or on the first day of his
contribution year in which he reaches the age of eighteen,
whichever is the later; and
(ii) ending on the last day of his last complete contribution year
before the beginning of his benefit year which includes the day on
which the conditions are required to be satisfied,
is not less than 50.
  SOCIAL SECURITY  g CAP. 318.        127
A. Full Rates of Retirement Pension per week, inclusive of any increases under the 
provisions of article 90A, where the yearly average of contributions paid or credited 
is 50 or more
B. Full Rates of Increased Retirement Pension, Invalidity Pension, Increased
Invalidity Pension, National Minimum Pension and Increased National Minimum
Pension per week, inclusive of any increases under the provisions of article 90A,
where the yearly average of contributions paid or credited is 50 or more
* N.B. The full rates of National Minimum Pension are calculated at four-fifths (to
the nearest whole cent) of the National Minimum Wage in the case of a married man
who is maintaining his wife and at two-thirds (to the nearest whole cent of the
National Minimum Wage) in the case of any other person, as provided for in article
50.
C.Full Rate of Widow’s Pension per week and inclusive of any increases under
the provisions of article 90A, where the yearly average of contribution paid or
TWELFTH SCHEDULE 
gARTICLES 26, 31, 44, 50, 54, 63, 64, 67h 
Rates of several kinds of pension
Amended by: 
XX. 1987. 17;
XVI. 1989. 32. 
Substituted by:
XVI. 1990. 58;
XIII.1991.49;
VIII.1992.48;
XXIV.1993.20;
XXV.1994.39;
XXVII.1995.19;
XXI.1996.66.
Substituted by:
XXII.1997.13;
L.N. 56 of 1999;
L.N. 84 of 1999;
L.N. 10 of 2000;
L.N. 21 of 2001;
L.N. 4 of 2002;
L.N. 422 of 2002;
L.N. 436 of 2003.
Persons who are also in receipt of a Service 
Pension that is payable by or on behalf of 
the Government of the United Kingdom 
Persons who are also in receipt of a Service 
Pension that is NOT payable by or on 
behalf of the Government of the United 
Kingdom 
Married man who is 
maintaining his 
wife
Any other person
Married man who is 
maintaining his 
wife
Any other person
Lm c Lm c Lm c Lm c
36.29 27.60 33.83 26.48
Type of Pension Married man who is 
maintaining his wife 
Any other person 
Lm c Lm c
Increased Retirement Pension 51.12 40.63
Invalidity Pension 28.58 22.93
Increased Invalidity Pension 43.29 33.29
National Minimum Pension* 43.10 35.92
Increased National Minimum Pension 51.12 40.63
  128      CAP. 318. h                SOCIAL SECURITY
credited is 50 or more
D.Reduced Rates of Retirement Pension, Increased Retirement Pension,
Invalidity Pension, Increased Invalidity Pension, National Minimum Pension and
Increased National Minimum Pension per week, inclusive of any increases under the
provisions of article 90A, where the yearly average of contributions paid or credited
is between 20 and 49
For the purposes of the above table, ‘FAP’ means the full rate of the applicable
weekly rate of pension in accordance with tables A or B, as the case may be, of this
Schedule, and ‘INC’ means all increases granted in terms of article 90A taking effect
from January 1, 1994, and subsequent years.
E.Rates of National Minimum Pension Additional Allowance per week
F.Reduced Rates of Widow’s Pension per week, inclusive of any increases under
the provisions of article 90A, where the yearly average contributions paid or credited
is between 20 and 49.
For the purposes of the above table, ‘FWP’ means the full rate of Widow’s
Pension in accordance with Table C of this Schedule, and ‘INC’ means all increases
granted in terms of article 90A taking effect from January 1, 1994, and subsequent
years; whilst the amount of Lm7.63 represents the weekly rate of Widow’s
Supplementary Pension which up to the year 1990 was payable to widows who were
in receipt of a Widow’s Pension irrespective of the yearly average of contributions
paid or credited, which weekly amount was, with effect from the year 1991,
incorporated with the rates payable by way of a Widow’s Pension.
Lm c
39.11
Yearly average of 
contributions paid 
or credited 
Rate of pension payable per week 
( calculated to the nearest whole cent )
40 - 49 gGFAP - INCH x 0.89h + INC
30 - 39 gGFAP - INCH x 0.69h + INC
20 - 29 gGFAP - INCH x 0.49h + INC
Yearly average of contributions paid or 
credited
Married man who 
is maintaining his 
wife
Any other person
Lm c  Lm c 
50 (full rate) 2.05 3.19
40 - 49  1.83 3.68
30 - 39  1.42 4.60
20 - 29  2.42 5.50
Yearly average of 
contributions paid 
or credited 
Rate of pension payable per week 
( calculated to the nearest whole cent )
40 - 49 gGFWP - (INC + 7.63)H x 0.89h + INC + 7.63
30 - 39 gGFWP - (INC + 7.63)H x 0.69h + INC + 7.63
20 - 29 gGFWP - (INC + 7.63)H x 0.49h + INC + 7.63
  SOCIAL SECURITY  g CAP. 318.        129
G.Rate of Parent’s Pension per week, inclusive of any increases under the
provision of article 90A 
H.Rate of Widows’ and Survivors’ Pensions Additional Allowance per week.
I.Highest Rate per week of a Two-Thirds pension
Married man who is maintaining his wife  Any other person
Lm c Lm c
43.10 35.92
Where Widow or Survivor is entitled to an 
Allowance under article 31( a )
Where Widow or Survivor is entitled to an 
Allowance under article 31( b )
Lm c Lm c
1.95 4.00
Lm c
86.53
  130      CAP. 318. h                SOCIAL SECURITY
Calculation of the Pensionable Income
(1) In the case of a person who is to be treated as an employed person, the
yearly average of the basic wage or salary during the best three consecutive calendar
years within the last ten consecutive calendar years immediately preceding his
retirement or invalidity in terms of this Act, as the case may be, on which the
required contribution had been paid or deemed to have been paid in terms of this Act
or, if he has been in employment for less than three consecutive calendar years
within the said last ten calendar years, during any such number of consecutive
calendar months as may be the best in his case within the said last ten calendar years,
as may be increased by the applicable wage increases required by law to be awarded
generally in respect of each subsequent year of each of the said last ten calendar
years.
(2) In the case of a person who is to be treated as a self employed person, the
yearly average of his net income on which the required contribution had been paid
during the last ten calendar years, or part thereof if he has not been in self-
employment for the whole said ten year period, immediately preceding his
retirement or invalidity in terms of this Act, as the case may be, as may be increased
by the applicable wage increases required by law to be awarded generally, as long as
each such increase is less than the net increase obtaining from year to year between
one net income and another in respect of each subsequent year of each of the said
last ten calendar years or part thereof during which he was in self employment;
sohowever that, where during the said last ten calendar years he had paid a
contribution on a net income that was higher than that actually received, the net
income taken for the purposes of this calculation in respect of any such particular
calendar year shall be the higher of such net income.
(3)In the case of a person who is to be treated as a self-occupied person, the
yearly average of his net earnings on which the required contribution had been paid
during the last ten calendar years, or part thereof if he has not been in self-
occupation for the whole said ten-year period immediately preceding his retirement
or invalidity in terms of this Act, as the case may be, as may be increased by the
applicable wage increase required by law to be awarded generally as long as each
such increase is less than the net increase obtaining from year to year between one
net earning and another in respect of each subsequent year of each of the said ten
calendar years or part thereof during which he was in self-occupation. So however,
that for the purposes of this paragraph, in the case of a person who prior to the 1st
January 1996, was a gainfully occupied self-employed person, his annual net income
for each calendar year prior to the aforementioned date shall be deemed to be as if it
were his net earnings.
(4) For the purposes of the foregoing paragraphs of this Schedule, the basic
wage or salary or the net income or the net earnings as the case may be, and the
resultant pensionable income or any amount substituted therefor under the
provisions of this Act shall not exceed such amount as the Minister may, with the
concurrence of the Minister responsible for finance, by order in the Gazette from
time to time determine.
Amended by:  
XX.1987.18;
XXVII.1995.20;
XXI.1996.67.
 THIRTEENTH SCHEDULE
g A R T I C L E  2h
  SOCIAL SECURITY  g CAP. 318.        131
A. PART I
Rate per week of Allowance paid to residents of a therapeutic community in terms 
of article 30 ( 9 )
B. PART II
Rate per week of Allowance paid to residents of a State owned Institution in terms of 
article 30 ( 10 )
C.  PART III
Lump sum paid by way of a Marriage Grant in terms of article 70
D.  PART IV
Rate per week of Maternity Benefit paid in terms of 
article 72 ( 1 )
FOURTEENTH  SCHEDULE
g ARTICLES  30, 70, 72, 73, 76, 76A, 77h
Rates of several kinds of Allowances, Maternity Benefit and a 
Marriage Grant
Added by:
XXI.1996.68.
Substituted by:
XXII.1997.14;
L.N. 56 of 1999;
L.N. 84 of 1999;
L.N. 10 of 2000;
L.N. 21 of 2001;
L.N. 4 of 2002;
II. 2002.78;
L.N. 422 of 2002;
L.N. 436 of 2003.
Lm c
10.00
Lm c
5.52
Lm c
88.50
Lm c
20.00
  132      CAP. 318. h                SOCIAL SECURITY
E.  PART V
Supplementary Allowance
No entitlement to an Allowance under this Part is acquired where the annual
reckonable income exceeds the maximums indicated above, as the case may be.
F.  PART VI
Children’s Allowance
STATUS
Maximum annual reckonable 
income that can be taken for 
entitlement purposes.  ( So however 
that any reckonable income below 
Lm2,270 shall be deemed to be 
equivalent to Lm2,270 )
Allowance 
payable
Maximum 
amount of 
annual allowance 
payable
Married man who is
maintaining his wife
and is not entitled to
an allowance under
article 76 or single
parent who is not
entitled to an
allowance under
article 76 
Lm4,200 Lm140
Equivalent to 
1.75% of the 
difference 
obtaining between 
Lm10,270 and 
actual reckonable 
income
Single person Lm3,270 Lm75
Equivalent to 
1.25% of the 
difference 
obtaining between 
Lm8,270 and 
actual reckonable 
income
Maximum annual reckonable income that can be taken for entitlement purposes - 
Lm10,270.  ( So however any reckonable income below Lm2,770 shall be accepted to be 
equivalent to Lm2,770 )
Number of children in household under 
16 years of age
Percentage rate payable, by way of an 
Allowance, on difference obtaining 
between reckonable annual income and 
Lm10,270 
1 6%
2 9%
3 12%
4 14%
5th. and other subsequent child 2% for each such child
Over 16 years but under 21 years and still
undergoing full-time education or training
in an educational institution recognised by
the government in terms of the Education
Act and who is not receiving any form of
remuneration or allowance or is registered
unemployed under the Part I register and
has never been gainfully occupied.
2% for each such child
  SOCIAL SECURITY  g CAP. 318.        133
An allowance payable to a household under this Part shall in no case be less than
Lm52  per annum . No entitlement to an allowance under this Part is acquired where
the annual reckonable income exceeds the maximum annual reckonable income
indicated above. So however that, where in a household there are four or more
children, entitlement to an allowance is still acquired by such household,
notwithstanding that the income of such household exceeds the maximum annual
reckonable income indicated, as long as such reckonable income does not exceed
Lm13,270.
G.  PART VII
Disabled Child Allowance
When annual reckonable income exceeds Lm9,270 but does not exceed Lm13,270,
the weekly rate of Lm5, by way of an allowance, is to be deducted by 6.5% of the
difference obtaining between the reckonable income and Lm13,270.
An allowance payable to a household under this Part shall in no case be less than
Lm52  per annum . No entitlement to an allowance under this Part is acquired where
the annual reckonable income exceeds the maximum annual reckonable income
indicated above.
H.  PART VIII
Rate per week per child, of Care Allowance paid in terms of 
article 76A
An allowance payable under this Part shall continue in payment when the child is
over 16 years but under 18 years and still not gainfully occupied.
Over 16 years but under 21 years and is
registered as unemployed under Part I of the
employment register kept in accordance
with the provisions of the Employment and
Training Services Act and who has never
been gainfully occupied, and who is not in
receipt of any benefit, pension or assistance
payable under this Act.
2% for each such child
Maximum annual reckonable income that can be taken for entitlement purposes - 
Lm 13,270
Rate of disabled Child Allowance 
per week
Lm c
Where annual reckonable income does 
not exceed Lm 9,270 5.00
Lm c
12.00
