PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 1
SUBSIDIARY LEGISLATION 111.01
PERSONAL INJURIES OF CIVILIANS SCHEME
8th June, 1941
GOVERNMENT NOTICE 372 of 1941, as amended by Government
Notices 393 of 1941, 465 of 1942 and 391 of 1944; Ordinance XXXII of
1946; Government Notices 424 of 1946 and 284 of 1948; Acts III of 1955,
XXXVIII of 1965, X of 1971, XXXVI of 1973, XXIX of 1974 and XLV of
1975; Legal Notices 49 of 1976, 32 and 145 of 1977, 115 of 1981, 3 of
1987, 19 of 1991 and 194 of 1999.
PART I
GENERAL
Title.
Scheme.
Interpretation.
Amended by:
G.N. 391 of 1944.
2. (1) In this Scheme the following expressions have the
meanings hereby assigned to them respectively, that is to say -
Cap. 111.
Provisions) Ordinance;
"apprentice" means a person who has attained the age of fourteen
years but has not attained the age of twenty-four years and who, not
being a gainfully occupied person, is undergoing full time training
for any trade, business, profession, office, employment or vocation;
"civil defence organization" means an organisation which is
declared by article 3 of this Scheme to be a civil defence
organisation for the purpose of the Ordinance and of this Scheme;
"civil defence worker" in relation to an injury, means a person
certified by a responsible officer of a civil defence organisation to
have been a member of that organisation at the time when the
injury was sustained; 
"the Committee" means the Committee appointed by the
President of Malta for the purposes of administering this Scheme;
"disablement" means loss of physical or mental capacity;
"degree of disablement" in Part III means degree of disablement
as assessed and certified under Article 5 of this Scheme;
"dependent minor", in relation to a person who has sustained an
injury means any minor, born at any time not later than three
hundred days after the date (in this paragraph referred to as "the
material date") on which that injury was sustained, who has not
attained the age of fourteen years and who, if born before the
material date, was at that date either residing with or being wholly
or mainly maintained by the injured person, and who is -
( a ) a legitimate minor of the injured person; or
( b ) a minor of the injured person who was legitimated
before the material date;
( c ) where the injured person is a male person, a step-child
2 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS
whose mother was married to the injured person before
the material date; or
( d ) a minor adopted in terms of law before the material
date. 
Provided that a minor who -
( aa ) had on the material date attained the age of
fourteen years and was on that date a minor
receiving full time instruction at a school; or
( bb ) is, on the date when he attains the age of
fourteen years, a minor receiving such
instruction,
may be treated, for the purpose of this paragraph, as a minor who
has not attained the age of fourteen years until the date on which he
ceases to be a minor receiving such instruction or the thirty-first
day of July next following the day on which he attains the age of
sixteen years, whichever is the earlier date;
"gainfully occupied person" means a person who is engaged in
any trade, business, profession, office, employment or vocation and
is wholly or substantially dependent thereon for a livelihood, or a
person who, though temporarily unemployed, is normally so
engaged and dependent;
"injury which may be compensated on the higher scale" means an
injury which is -
( a ) a war service injury sustained by a civil defence
worker; or
( b ) a war injury sustained by a gainfully occupied person; 
"period of the present emergency" means the period beginning on
the third day of September, 1939, and ending with such date as the
President of Malta may proclaim to be the end of such emergency;
"prescribe" means prescribe by the President of Malta by
regulations made under the Ordinance for the purposes of this
Scheme;
"public funds" means monies provided by the Government of
Malta, or by Her Majesty’s Government in the United Kingdom;
"qualifying injury", in relation to a person means an injury
sustained by that person in respect of which an award under this
Scheme may be made;
"qualifying injury", in relation to an award of an allowance to or
in respect of the wife, or of a pension to the widow, of a person,
means a qualifying injury sustained by that person after he was
married to that wife or widow, and, in relation to an award of an
allowance in respect of, or of a pension to, a dependent minor of a
person, means a qualifying injury sustained by that person in
relation to which that minor falls to be treated for the purposes of
this Scheme as a dependent minor of that person;
"student" means a person who has attained the age of fourteen
years but has not attained the age of twenty-four years and who is
receiving full time instruction at a university, college, school or
PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 3
other educational establishment;
"war injury" means a physical injury caused by- 
( a ) the discharge of any missile including liquids and gas;
or 
( b ) the use of any weapon, explosive or other noxious
thing; or 
( c ) the doing of any other injurious act;
either by the enemy or in combating the enemy or in
repelling an imagined attack by the enemy; or 
( d ) caused by the impact on any person or property of any
enemy aircraft, or any aircraft belonging to Her
Majesty or any allied power, or any part of, or
anything dropped from, any such aircraft;
"war service injury", in relation to a civil defence worker, means
any physical injury which the Committee certifies that it is satisfied
that it has arisen out of and in the course of the performance of his
duties as a member of the civil defence organisation to which he
belonged at the time when the injury was sustained and to have
been either a war injury or an injury arising directly or indirectly
from conditions caused by an enemy air raid or other attack and
sustained in the performance of work in which the risk of injury
was materially increased by the necessity to perform it either
during or immediately after an enemy air raid or other attack.
(2) For the purposes of this Scheme a person shall be treated as
being incapable of self-support only if he is suffering from physical
or mental infirmity of a permanent or prolonged nature whereby he
is rendered incapable of self-support.
(3) For the purposes of this Scheme, disablement caused by a
qualifying injury or by any two or more qualifying injuries shall be
treated as being serious and prolonged only if it is assessed and
certified under article 5 of this Scheme to be of a degree of not less
than twenty per cent, or if it could have been so assessed and
certified but for any such direction as is mentioned in sub-article
(3) of that article.
(4) A person who is at any date prevented for any reason from
wholly or mainly maintaining a minor or from contributing to a
reasonable extent to the support of his wife may, if the Committee
think fit having regard to the circumstances of the case, be treated
for the purposes of this Scheme as if he were at that date wholly or
mainly maintaining that minor or contributing to a reasonable
extent to the support of his wife, as the case may be.
Civil defence 
organisations for 
purposes of 
Ordinance and 
Scheme.
3. Any organisation established in these Islands for civil
defence purposes which is described or named in the Schedule to
this Scheme shall be a civil defence organisation for the purposes
of the Ordinance and this Scheme.
Injuries in respect 
of which awards 
may be made under 
the Scheme.
4. Subject to the provisions of this Scheme, an award under
this Scheme may be made in respect of an injury sustained during
the period of the present emergency which -
4 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS
( a ) is a war service injury sustained by a civil defence
worker; or 
( b ) is a war injury sustained by a gainfully occupied
person; or
( c ) not being an injury as aforesaid, is a war injury
sustained by a person who either had attained the age
of fourteen years at the date of the injury or has
attained that age since that date.
Ascertainment of 
degree of 
disablement.
5. (1) The degree of disablement caused to a person by one or
more qualifying injuries shall be assessed and certified in
accordance with the following provisions of this article by a
medical officer or board of medical officers appointed or
recognised by the Committee with the approval of the President of
Malta. 
(2) The degree of disablement caused to a person by a
qualifying injury or by any two or more qualifying injuries shall be
assessed by making a comparison between the condition of
disablement which has been caused to that person by that injury or
by the combined effect of those injuries and the condition of a
normal healthy person of the same age and sex without taking into
account the earning capacity of the disabled person in his own or in
any other specific trade or occupation, and so that the extent to
which that condition of disablement has been aggravated by
individual factors or extraneous circumstances shall not be
included in the degree at which that disablement is assessed.
(3) Where a person whose degree of disablement falls to be
assessed has been awarded a pension or other grant payable out of
public funds (not being a pension awarded under this Scheme) in
respect of another disablement suffered by him, that degree of
disablement shall he assessed in accordance with any direction
which may be given by the Committee for the purpose of securing
that in the assessment thereof account shall be taken of that other
disablement in such manner and to such extent as may be specified
in the direction.
(4) The degree of disablement assessed under this article shall
be certified by way of a percentage, total disablement being
represented by one hundred per cent, and a lesser degree of
disablement being represented by such lesser percentage as, being a
multiple of ten, bears to one hundred per cent the same proportion
as that lesser degree of disablement bears to total disablement.
PART II
I N J U R Y   A L L O W A N C E S
Scope of Part II. 6. (1) The provisions of this Part of this Scheme shall have
effect for the purpose of enabling the Committee to make, in
accordance with such arrangements as may from time to time
appear to them best suited for the purpose, temporary and
provisional payments to or in respect of persons who have
sustained qualifying injuries.
(2)  No decision of the Committee upon an application made
PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 5
under this Part of this Scheme in respect of an injury shall be
deemed to prejudice or affect any decision which they may have to
make in respect of that injury under Part III of this Scheme.
Awards of injury 
allowances.
Amended by:
G.N. 393 of 1941.
7. Where a qualifying injury has incapacitated a person for
work for a period of not less than seven consecutive days, that
person shall be entitled to be awarded in respect of that injury an
injury allowance in accordance with the following provisions of
this Part of this Scheme:
Provided that an injury allowance shall not be awarded in
respect of an injury sustained by any person -
( a ) if, at the date of that injury, that person was a member
of any of the armed forces of the Crown, or a person
employed in the nursing service or other auxiliary
service of any of those forces, and was required to give
whole time service as such a member or as an
employed person; or 
( b ) if, at the date of that injury, that person was a member
of any of the armed forces of the Crown, or a, person
employed in the nursing service or other auxiliary
service of any of those forces, and was not required to
give whole time service as such a member or as an
employed person, and that injury was directly
attributable to his service as such a member or as an
employed person; or
( c ) if, at the date of that injury, that person was a civilian
employed by any one of the armed forces of the
Crown, and that injury was directly attributable to his
service as an employed person; or 
( d ) if an award can be made to that person in respect of
that injury by virtue of a scheme under the Pensions
(Navy, Army, Air Force and Mercantile Marine) Act,
1939, or under any Navy, Army, Air Force and
Mercantile Marine scheme as adopted or made for
these Islands.
Nothing in this proviso shall disentitle from award of
injury allowance any civilian employee of the armed forces of the
Crown, in respect of any war injury suffered while he is off duty,
provided that no such civilian employee shall at one and the same
time be eligible for benefits under this Scheme and for any service
benefit in respect of that injury.
Conditions of 
payment of injury 
allowances.
8. (1) An injury allowance shall be payable only for so long
as the person to whom it has been awarded is incapacitated for
work by the injury in respect of which it has been awarded and,
unless the Committee in the circumstances of any particular case
otherwise determine, shall be payable only in respect of a period
which falls within a period of twenty-six weeks computed from the
commencement of the first period of incapacity in respect of which
a payment of injury allowance in respect of that injury was made.
(2) An injury allowance awarded to a person shall not be
payable in respect of any period in respect of which a pension
6 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS
awarded to that person under article 11 of this Scheme has been or
will be paid. 
(3) An injury allowance shall be payable weekly or at such
other intervals of time as the Committee may direct.
Rates of injury 
allowances.
Amended by:
L.N. 391 of 1944;
III. 1955.3.
9. (1) Subject to the provisions of this Part of this Scheme an
injury allowance awarded to a person shall be payable at whichever
of the weekly rates specified in the Table set out at the end of this
article in relation to the class of injury sustained by that person is
from time to time appropriate in the case of that person.
(2) Where a person to whom an injury allowance has been
awarded in respect of an injury which is not an injury which may be
compensated on the higher scale, is a widow who is detained in
hospital and who was, at the date of the commencement of such
detention, maintaining in her home a dependent minor of hers that
injury allowance may be paid at the rate which would be
appropriate if that widow were not in hospital.
(3) Where a male person to whom an injury allowance has
been awarded is married and that person -
( a ) has married since the date on which he sustained the
injury in respect of which that injury allowance was
awarded; or
( b ) was not at that date, or is not, residing with his wife or
contributing to a reasonable extent to her support, 
that person shall, for the purposes of the foregoing provisions of
this article and of the Table set out at the end thereof, be treated as
if he were not married. 
(4) Where a person to whom an injury allowance has been
awarded has not attained the age of eighteen years, that injury
allowance shall, unless he was married at the date on which he
sustained the injury in respect of which it was awarded, be payable
until he has attained that age at half the rate which would be
appropriate in his case.
(5) In this article and in the Table set out at the end thereof "in
hospital" means in hospital, as an in-patient for the purpose of
receiving treatment for a qualifying injury. 
TABLE
Weekly rates of injury allowances
Class of 
injury
Male person who is 
married
Male person who is 
not married Female person
Not in 
hospital
In 
hospital
Not in 
hospital
In 
hospital
Not in 
hospital
In 
hospital
Injuries 
which may 
be compen-
sated on the 
higher scale 200c 200c 160c 104c2 110c 65c8
Other 
injuries 120c 60c 95c8 47c9 69c2 39c6
PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 7
Increases in 
injury allowances 
in respect of 
dependent minors..
Amended by:
G.N. 391 of 1944;
III. 1955.4.
10. (1) Where a person to whom an injury allowance has been
awarded in respect of an injury which may be compensated at the
higher scale has a dependent minor, the rate of that injury
allowance may be increased in respect of that minor in accordance
with the following provisions of this article.
(2) The weekly amount by which the rate of an injury
allowance may be increased in respect of a dependent minor shall
be twenty-five cents in respect of the first minor, fifteen cents in
respect of the second minor and ten cents in respect of each
additional minor.
(3) Where payment of an injury allowance has once been made
at a rate increased in respect of a dependent minor, payment of that
injury allowance shall continue to be made at that increased rate
only so long as the minor is residing with the person to whom that
injury allowance has been awarded or that person is contributing to
a reasonable extent to the support of the minor.
(4) An injury allowance awarded to a female person shall be
payable at a rate increased in respect of a dependant minor of hers
only so long as -
( a ) she is not in receipt of any periodical payment in
respect of that minor from some individual liable to
contribute to the support of the minor, and 
( b ) where she is a married woman residing with her
husband, her husband is incapable of self-support or is
not less than sixty years of age.
PART III 
Pensions and Allowances in respect of Injuries causing serious and 
prolonged disablement or death
Pensions to 
disabled persons.
Amended by:
G.N. 391 of 1944;
III. 1955.5;
XXXVIII.1965.3;
X. 1971.3;
XXXVI. 1973.3;
XXIX. 1974.3;
XLV. 1975.4;
L.N. 19 of 1991;
L.N. 194 of 1999.
11. (1) Where a qualifying injury sustained by a person is
causing him serious and prolonged disablement, that person may be
awarded under this article in respect of that injury a pension in
accordance with the following provisions of this article.
(2) A pension under this article in respect of an injury shall be
at weekly rate not exceeding - 
( a ) where the degree of disablement caused by that injury
is one hundred per cent, the maximum rate; or
( b ) where the degree of disablement caused by that injury
is less than one hundred per cent, the rate which bears
to the maximum rate the same proportion as the degree
of disablement caused by that injury bears to one
hundred per cent, or the rate of eight cents three mils,
whichever is the greater:
Provided that where a beneficiary is in receipt of a greater
pension which exceeds the amount provided for in paragraph ( b ) of
this article, he shall continue to receive such greater rate of
pension.
(3) Where a person to whom a pension has been or may be
awarded under this article in respect of an injury is a person to
8 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS
whom a pension, or in respect of whom an allowance, is payable
out of public funds in respect of the death of any person (not being
a pension or allowance payable only in a case of need), the weekly
rate of the pension under this article shall not exceed:
( a ) where the degree of disablement caused by that injury
is one hundred per cent, the rate which is arrived at by
deducting from the maximum rate a sum equal to two-
thirds of the weekly rate of the pension or allowance
payable out of public funds; or
( b ) where the degree of disablement caused by that injury
is less than one hundred per cent, the rate which bears
to the rate calculated in accordance with paragraph ( a )
of this sub-article the same proportion as the degree of
disablement caused by that injury bears to one hundred
per cent:
Provided that where the weekly rate of pension calculated
in accordance with the foregoing provisions of this sub-article is
less than eight cents three mils, the weekly rate of that pension
shall be eight cents three mils.
(4) In this article the expression "maximum rate", in relation to
a pension which may be awarded to a person under this article
means whichever, of the weekly rates specified in the table set out
at the end of this article in relation to the class of injury sustained
by that person is from time to time appropriate in the case of that
person:
Provided that, for the purposes of that table -
( a ) where a qualifying injury which is not an injury which
may be compensated on the higher scale has been
sustained by a person before he has attained the age of
fourteen years or at a time when he was a student or an
apprentice, that injury shall be treated as if it were an
injury which may be compensated on the higher scale
unless that person was, immediately before he
sustained the injury, suffering from physical or mental
infirmity to such an extent as to preclude the
likelihood of his ever being able to earn his own
living; and
( b ) a person who was married at the date on which he
sustained the qualifying injury in respect of which a
pension under this article is awarded, shall,
notwithstanding that he has not attained the age of
eighteen years, be treated as if he had attained that age.
(5) A pension shall not be awarded in respect of an injury
which may not be compensated on the higher scale, except in case
of need.
PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 9
TABLE
Cap. 318.
The maximum weekly rate of pension for one hundred per cent 
disablement shall be at the rate applicable in terms of the Highest 
Rate of Injury Pension in Part III of the Third Schedule to the 
Social Security Act
Provided that any rate of pension payable under this article
shall, as from the 14th day of April, 1975, be increased by the
amount of ninety cents per week.
Allowances to 
disabled persons in 
respect of wives.
Amended by:
G.N. 391 of 1944;
III. 1955.6;
XXXVIII. 1965.4;
X. 1971.4;
XXXVI. 1973.4;
XXIX. 1974.4;
XLV. 1975.5;
L.N. 49 of 1976;
L.N. 32 of 1977;
L.N. 145 of 1977;
L.N. 115 of 1981;
L.N. 3 of 1987.
12. (1) Where an injury in respect of which a pension may be
awarded under article 11 of this Scheme is a qualifying injury
which may be compensated on the higher scale and the person who
sustained the injury has a wife, there may be awarded under this
article in respect of that injury an allowance in respect of that
injury in accordance with the following provisions of this article.
(2) Where the person who sustained the injury is residing with
his wife, an allowance may be awarded to him at a weekly rate not
exceeding the sum which bears to the sum of fourteen liri and fifty
cents the same proportion as the degree of disablement caused by
that injury bears to one hundred per cent.
(3) Where the person who sustained the injury is not residing
with his wife, an allowance may be awarded to him or to his wife as
the Committee may determine at such rate (not exceeding the rate
calculated in accordance with sub-article (2)) as the Committee
may think fit:
Provided that, unless the Committee in the special
circumstances of any particular case otherwise directs, an
allowance shall not be awarded unless the person who sustained the
injury is contributing to a reasonable extent to the support of his
wife.
Allowances to 
disabled persons in 
respect of 
dependent minors.
Amended by:
III. 1955.7;
XXXVIII. 1965.5;
X. 1971.5.
13. (1) Where an injury in respect of which a pension may be
awarded under article 11 of this Scheme is a qualifying injury
which may be compensated on the higher scale and the person who
sustained that injury has a dependent minor, that person may be
awarded in respect of that injury an allowance in respect of that
minor in accordance with the following provisions of this article.
(2) An allowance under this article in respect of a dependent
minor shall be at a weekly rate not exceeding the sum which bears
to the weekly rate specified in the table set out at the end of this
article the same proportion as the degree of disablement caused by
the relevant qualifying injury bears to one hundred per cent.
(3) An allowance under this article in respect of a dependent
minor of a married woman residing with her husband shall not be
awarded to her unless her husband is in need and either incapable
of self-support or not less than sixty years of age.
(4) An allowance under this article in respect of a dependent
minor of a widow or of a married woman who is not residing with
her husband, shall be reduced by an amount equal to the weekly
value of any periodical payments which are received by her from an
10 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS
individual liable to contribute to the support of that minor or which
it is reasonably practicable for her to obtain from any such
individual.
(5) Where the weekly value of the contribution which is being
made to the maintenance of a minor by a person to whom an
allowance in respect of that minor has been or may be awarded
under this article is less than the amount of that allowance, the
amount of that allowance may be reduced to an amount equal to
that weekly value.
TABLE
Maximum weekly rates in respect of dependent minors 
Pensions to 
widows of 
deceased persons.
Amended by:
G.N. 391 of 1944;
III. 1955.8;
XXXVIII.1965.6;
X. 1971.6;
XXV. 1971.5;
XXXVI. 1973.5;
XXIX. 1974.5;
XLV. 1975.6;
L.N. 49 of 1976;
L.N. 32 of 1977;
L.N. 145 of 1977;
L.N. 115 of 1981;
L.N. 3 of 1987.
14. (1) Where a person has died as the direct result of a
qualifying injury which may be compensated on the higher scale
and there is a widow of that person, that widow may be awarded in
respect of that injury a pension in accordance with the following
provisions of this article.
(2) The pension which may be awarded to the widow shall be at
a weekly rate not exceeding -
( a ) in a case where she has attained the age of forty years,
or an allowance may be awarded to her in respect of a
dependent minor of her husband under article 15 of
this Scheme, or she is incapable of self-support
fourteen liri and fifty cents;
( b ) in any other case, fourteen liri and fifty cents. 
(3) Where at the date of the death of the deceased person his
widow was separated from him, a pension may only be awarded to
her under this article -
( a ) if she was entitled to periodical payments from him
under a maintenance or separation order or a judgment
awarding maintenance, and was, during the period of
six months expiring on the date of his death or during
such other period as the Committee may in any special
case determine, either receiving payments to which
she was so entitled or taking reasonable steps to obtain
them; or
( b ) in any other case, if the deceased person was during
any such period contributing to a reasonable extent to
her support;
Description of minor First minor Second  minor Third minor
Each 
additional 
minor
Dependent minor of:
( a ) a male person in respect
of whose wife no
allowance is being paid;
or
( b ) a female person 53c7 25c 17c5 15c
Dependent minor of a male
person in respect of whose
wife an allowance is being paid 36c3 22c5 15c 15c
PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 11
and the weekly rate of the pension shall be such as the Committee
may determine, being a weekly rate which does not exceed - 
(i) in the case mentioned in paragraph ( a ) of this
sub-article, the rate (calculated on a weekly
basis) of the periodical payments; or
(ii) in the case mentioned in paragraph ( b ) of this
paragraph, the average weekly amount that the
deceased person had been contributing to the
support of the widow during any such period as
is mentioned in that paragraph;
and does not in any case exceed fourteen liri and fifty cents.
(4) For the purposes of this article, a widow who at the date of
the death of her husband was separated from him may be treated as
if she were not then separated from him if the separation was, in the
opinion of the Committee, caused by his mental instability, being
mental instability due to a qualifying injury sustained by him.
Allowances to 
widows of 
deceased persons 
in respect of 
dependent minors.
Amended by:
G.N. 391 of 1944;
XXXVIII. 1965.7;
X. 1971.7.
15. (1) Where a person has died as the direct result of a
qualifying injury which may be compensated on the higher scale
and there is a dependent minor of that person residing with or in the
custody of his widow, being a widow who was on his death eligible
for a widow’s pension under article 14 of this Scheme, that widow
may be awarded under this article in respect of that injury an
allowance in respect of that minor in accordance with the
provisions of this article.
(2) Subject to the provisions of article 16(4), an allowance
under this article shall be at a weekly rate not exceeding thirty-six
cents three mils in respect of the first minor, thirty cents in respect
of the second minor and twenty-two cents five mils in respect of
each additional minor. 
(3) Where the weekly value of the contribution which is being
made to the maintenance of a minor by a widow to whom an
allowance in respect of that minor has been or may be awarded
under this article is less than the amount of that allowance, the
amount of that allowance may be reduced to an amount equal to
that weekly value.
Pensions to 
dependent minors 
of deceased 
persons.
Amended by:
G.N. 391 of 1944;
XXXII. 1946.3;
III. 1955.9;
XXXVIII. 1965.8;
X. 1971.8.
16. (1) Where a person has died as the direct result of a
relevant qualifying injury which may be compensated on the higher
scale, and there is a dependent minor dependent of that person, that
minor may be awarded under this article in respect of that injury a
pension in accordance with the following provisions of this article:
Provided that -
( a ) where the deceased person was a male person, a
pension may only be awarded to his dependent minor
if that minor is neither residing with nor in the custody
of the widow, being a widow who was on his death
eligible for a widow’s pension under article 14 of this
Scheme;
( b ) where the deceased person was a female person, a
pension may only be awarded to her dependent minor
12 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS
if it is not possible, or not reasonably practicable, for
means of support for that minor to be obtained from
any individual liable to contribute to the support of
that minor.
(2) A pension under this article awarded to a dependent minor
of a male person shall be at a weekly rate not exceeding thirty-six
cents three mils in the case of the first minor, thirty cents in the
case of the second minor and twenty-two cents five mils in respect
of each additional minor.
(3) Where a widow’s pension under article 14 of this Scheme
is not being paid or applied to or for the benefit of the widow of a
deceased person, a pension awarded under this article to a
dependent minor of that person may, if the Committee think fit
having regard to the fact that the minor is motherless or has been
removed from the custody of his mother or to any other
circumstances of the case, be at a weekly rate not exceeding one
hundred and forty-three cents seven mils or, where there is more
than one dependent minor of the deceased person residing in the
same household one hundred and forty-three cents seven mils in the
case of the first minor in that household, and thirty-six cents three
mils in the case of each additional minor in that household.
(4) Where there is more than one dependent minor of a
deceased male person and there is a widow of that person who was
on his death eligible for a widow’s pension under article 14 of this
Scheme, the aggregate of the rates of any pensions under this
article, or of the rates of any such pensions together with the rates
of any allowances under article 15 of this Scheme, which may be
paid to or in respect of the dependent minors of that deceased
person shall not exceed -
( a ) in a case where a widow’s pension is being paid the
aggregate of the rates of the allowances which could
be awarded under article 15 of this Scheme in respect
of all the dependent minors of that person if they were
all minors in respect of whom allowances under that
article might be awarded; and
( b ) in a case where a widow’s pension is not being paid by
reason of any provision of this Scheme the aggregate
of the rate at which that pension could be paid to her
but for the provision by reason of which it is not being
paid and the rates of the allowances which could be
awarded under article 15 of this scheme in respect of
all the dependent minors of that person if they were all
minors in respect of whom allowances under that
article might be awarded.
(5) A pension under this article awarded to a dependent minor
of a female person shall be at a weekly rate not exceeding one
hundred and forty-three cents seven mils, or where there is more
than one dependent minor of that person residing in that same
household one hundred and forty-three cents seven mils in the case
of the first minor in that household and thirty-six cents and three
mils in the case of each additional minor in that household.
PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 13
Pensions to parents 
of deceased 
persons.
Amended by:
G.N. 391 of 1944;
G.N. 284 of 1948;
III. 1955.10;
XXXVIII.1965.9;
X. 1971.9;
XXV. 1971.6;
XXXVI. 1973.6;
XXIX. 1974.6;
XLV. 1975.7;
L.N. 49 of 1976;
L.N. 32 of 1977;
L.N. 145 of 1977;
L.N. 115 of 1981;
L.N. 3 of 1987.
17. (1) Where a person has died as the direct result of a
qualifying injury which may be compensated on the higher scale,
and there is a parent of that person -
( a ) who at the time of the qualifying injury is in need, or
at any time thereafter becomes in need, in either case
the need ensuing from the fact that he is not less than
sixty years of age or, in the case of a female parent,
that she is not less than fifty-five years of age, or from
some infirmity or other adverse condition which is not
of a temporary character; or 
( b ) to whose support that person had been regularly
contributing during the year immediately preceding
the date of his death, or during such other period as the
Committee may in any special case determine,
that parent may be awarded under this article in respect of that
injury a pension in accordance with the following provisions of this
article.
(2) ( a ) In determining whether and to what extent a parent is
in need, the Committee shall take into account the
amount of the contribution to the support of that parent
which the deceased person had been making before his
death and which he would, in the opinion of the
Committee, have been likely to continue to make if he
had not died.
( b ) Notwithstanding the provisions of the following sub-
articles of this article, a female parent may be awarded
a pension in accordance with the provisions of this
article, if she is a widow and if the Committee is
satisfied that she was substantially dependent on the
deceased person and that she is in genuine need.
(3) Where an award to a parent may be made under this article
in respect of qualifying injuries sustained by two or more deceased
persons -
( a ) one pension only may be awarded under this article in
respect of those injuries; and
( b ) sub-article (2) of this article shall have effect as if it
referred to the contributions of all those deceased
persons.
(4) Where the conditions for the award of a pension under this
article are fulfilled in the case of both the parents of a deceased
person or of two or more deceased persons, one pension only may
be awarded under this article and that pension may be awarded to
whichever of those parents the Committee may select:
Provided that where those parents are separated a pension
may, if the Committee thinks fit, be awarded to each of them, so,
however, that the aggregate weekly rate of those pensions do not
exceed the maximum weekly rate at which a pension under this
article could have been awarded if those parents were not
separated.
(5) The pension awarded under this article shall be at such
14 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS
weekly rate as the Committee may determine, being a weekly rate
which is not less than fifteen cents and, where there is only one
parent, is not more than fourteen liri and fifty cents and, where
there are two parents, is not more than fourteen liri and fifty cents:
Provided that where by reason of exceptional
circumstances the Committee thinks fit, a pension may be awarded
at a weekly rate which exceeds fourteen liri and fifty cents by an
amount which does not exceed fourteen liri and fifty cents.
(6) For the purpose of this article, a person shall be deemed to
be a parent of a deceased person if that deceased person was a
minor whom he had adopted according to law.
Pensions to orphan 
brothers and sisters 
of deceased 
persons.
Amended by:
XXXII. 1946.4;
III. 1955.11;
XXXVIII. 1965.10;
X. 1971.10.
18. (1) Where a person has died as the direct result of a
qualifying injury which may be compensated on the higher scale
and there is an orphan brother or sister of that person who is in need
and to whose support that person had been regularly contributing
during the year immediately preceding the date of his death or
during such other period as the Committee may in any special case
determine, that brother or sister may be awarded under this article
in respect of that injury a pension at such weekly rates (not
exceeding thirty-two cents five mils) as the Committee may, after
taking into consideration the financial resources of that brother or
sister, consider appropriate in the circumstances of the case:
Provided that - 
( a ) a pension under this article shall not be awarded in
respect of an injury if a pension or allowance under
any of the foregoing provisions of this Part of this
Scheme is being paid in respect of that injury; and
( b ) where more than one pension awarded under this
article in respect of the same injury is being paid, the
aggregate of those pensions shall not at any time
exceeds fifty-seven cents five mils.
(2) Not more than one pension may be paid at the same time
under this article to the same person.
(3) In this article the expression "orphan brother or sister", in
relation to a deceased person, means a brother or sister of that
person whose parents are both dead and who has not attained the
age of fourteen years, and includes a half-brother or half-sister:
Provided that a brother or sister of that person who -
(i) had on the date of the death of the deceased
person attained the age of fourteen years and
was on that date a person receiving full time
instruction at a school; or
(ii) is, on the date when he or she attains the age of
fourteen years, a person receiving such
instruction,
may be treated, for the purposes of this sub-article, as a brother or
sister of that person who has not attained the age of fourteen years
until the date on which he or she ceases to be a person receiving
such instruction or the thirty-first day of July next following the
PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 15
day on which he or she attains the age of fifteen years, whichever is
the earlier date.
Pensions to 
widows and 
dependent minors 
of deceased 
pensioners, etc.
19. (1) Where a person has died as the direct result of a
relevant qualifying injury which is not an injury which may be
compensated on the higher scale and there is -
( a ) a widow of that person with whom that person was at
the date of his death residing or to whose support that
person was at that date contributing to a reasonable
extent; or
( b ) where there is no such widow, a dependent minor of
that person,
that widow or dependent minor may, if in need, be awarded under
this article in respect of that injury a pension in accordance with the
following provisions.
(2) A pension under this article shall only be awarded if the
need of the widow or dependent minor arises solely from the fact
that, by reason of the death of the deceased person, a pension,
superannuation allowance, annuity or other income of which the
deceased person was in receipt at the date of his death is no longer
available (otherwise than by virtue of a disposition made by the
deceased person) for the support of the widow or dependent minor.
(3) A pension under this article shall be at such weekly rate as
may appear to the Committee to be appropriate to the
circumstances of the widow or dependent minor but shall not
exceed-
( a ) in the case of the widow, the rate of the pension and of
any allowances in respect of dependent minors of the
deceased person; 
( b ) in the case of the dependent minor, the rate of the
pension,
which could have been awarded under this Scheme to that widow or
that dependent minor, as the case may be, if the injury sustained by
the deceased person had been an injury which may be compensated
on a higher scale. 
PART IV
General Provisions relating to Injury Allowances, Pensions and 
Allowances
Notice of injuries 
sustained by 
minors.
20. Except where the Committee in any special case otherwise
directs, an award under this Scheme in respect of a qualifying
injury (not being an injury which may be compensated on the
higher scale) sustained by a person before attaining the age of
fourteen years shall not be made unless, within three months from
the date on which the injury was sustained, such notice of the fact
that he has sustained that injury and such other particulars have
been given as prescribed.
16 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS
Provisions with 
respect to 
applications under 
this Scheme.
21. Except where the Committee in any special case otherwise
directs, an award under this Scheme in respect of an injury shall not
be made unless an application for that award is made in the
prescribed manner and within the following period, that is to say - 
( a ) where the injury is claimed to have incapacitated the
injured person for work, a period of three months from
the date on which he sustained the injury, or, if he was
not incapacitated for work by the injury until after that
date on which he was first so incapacitated;
( b ) where the injury is claimed to have caused the injured
person serious and prolonged disablement a period of
three months from whichever is the latest of the
following dates, that is to say -
(i) the date on which he sustained the injury;
(ii) in a case where the injury necessitated his
immediate treatment as an in-patient in hospital,
the date of his discharge from such treatment;
(iii) in a case where the application is made in
respect of an injury (not being an injury which
may be compensated on the higher scale)
sustained by him before attaining the age of
fourteen years, the date on which he attained that
age;
(iv) in a case where he was, on the date on which he
sustained the injury, a member of any of the
armed forces of the Government of the United
Kingdom, or a person employed in the nursing
service or other auxiliary service of any of those
forces, and was required to give whole time
service as a member or as a person so employed;
( c ) where the application is made in respect of an injury
sustained by a person whose death is claimed to have
been the direct result of that injury, a period of three
months from the date on which the death occurred.
Determination of 
medical question.
22. When in connection with an application for an award under
this Scheme any medical question arises, that question shall not be
determined except upon the certificate of a medical officer or board
of medical officers appointed or recognised by the Committee, with
the approval of the President of Malta.
Provision as to 
members of the 
armed forces.
23. (1)  When a person in respect of whom an award may be
made under this Scheme was, at the date on which he sustained the
injury in respect of which the award may be made, a member of any
of the armed forces of the Government of the United Kingdom, or a
person employed in the nursing service or other auxiliary service of
any of those forces, and was required to give whole time service as
such a member or as a person so employed, no pension or
allowance under this Scheme in respect of that injury shall be paid -
( a ) when the injury is causing him serious and prolonged
disablement, in respect of any period during which he
continues to be such a member or to be so employed,
or
PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 17
( b ) when his death is the direct result of the injury, in
respect of any period during which any war service
allowances are paid:
Provided that where the aggregate amount of any pension
and allowances in respect of dependent minors which might, but for
the foregoing provisions of this article, have been paid under this
Scheme in respect of the period mentioned in paragraph ( b ) of this
article are in excess of the aggregate amount of those war service
allowances, an amount equal to that excess may be paid.
(2) In this article the expression "war service allowances", in
relation to a deceased person, means any pension, allowance, grant
or other payment made out of moneys provided by the Government
of the United Kingdom or by the Government of Malta at weekly or
other periodical intervals to any person after the death of the
deceased person in continuation of any payments made during the
lifetime of the deceased person in respect of his service in any of
the armed forces of the Government of the United Kingdom or in
the nursing service or other auxiliary service of any of those forces.
Provision as to 
negligence or 
misconduct.
24.  Where an injury, or where incapacity for work, disablement
or death arising from an injury, is attributable to the serious
negligence or misconduct of the person sustaining the injury, the
Committee may withhold or cancel any award which may be or has
been made under this Scheme in respect of that injury, or may
reduce the amount thereof.
Provision as to 
application of 
Scheme.
25. An award under this Scheme shall not be made in respect
of an injury sustained outside these Islands by -
( a ) a person ordinarily resident outside these Islands; or
( b ) a person ordinarily resident in these Islands while
absent from these Islands for personal, domestic or
pleasure purposes.
Provision as to 
persons ordinarily 
resident outside 
these Islands.
26. The Committee may withhold or cancel an award of an
injury allowance, pension or allowance to persons under this
Scheme if they are satisfied that the person to or in respect of
whom the injury allowance, pension or allowance might be or has
been awarded is or has become ordinarily resident outside these
Islands.
Provision as to 
awards on death.
27. Where on an application for the award of a pension or
allowance under Part III of this Scheme the death of a person is
claimed to be the direct result of an injury, no award shall be made
on that application in respect of that injury if it was sustained more
than seven years before the death of that person.
Provision for 
prevention of 
double payments.
28. (1) Where the Committee is satisfied that a payment has
been or will be made under an appropriate provision in respect of
an injury (whether resulting in disablement or death), no award of a
pension or allowance in respect of that injury shall be made under
Part III of this Scheme and any such award which has been made
shall be cancelled.
(2) Where periodical payments are being made under an
appropriate provision or under this Scheme to or in respect of a
person in respect of an injury by whomsoever sustained, the
18 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS
Committee may take the weekly value of those payments into
account against the amount of any pension or allowance to or in
respect of that person which has been or may be awarded under Part
III of this Scheme in respect of any other injury (not being an injury
by the person who sustained the injury first mentioned in this sub-
article), and may, for the purpose of securing that only so much, if
any, of that amount as exceeds that value shall be or shall have been
paid to or in respect of that person, withhold or cancel the award of
that pension or allowance or reduce the amount thereof.
(3) Where -
( a ) periodical payments out of public funds, not being
payments under an appropriate provision or under this
Scheme, are being made to or in respect of a minor; or
( b ) a minor is being maintained in any institution wholly
or mainly supported out of public funds,
the amount of any pension or allowance which may be or has been
awarded under Part III of this Scheme in respect of that minor as a
dependent minor may be reduced by an amount equal to the weekly
value of those payments or by such amounts as the Committee may
think fit having regard to the fact that the minor is being so
maintained.
(4) Nothing in this article shall prevent the Committee from
making an award in accordance with the provisions of article 11(3)
of this Scheme.
(5) References in sub-articles (2) and (3) of this article to
periodical payments or to a pension or allowance shall not include
references to periodical payments or to a pension or allowance
payable only in a case of need, and references in those sub-articles
to periodical payments made to a person shall include references to
any periodical payments which would have been made to that
person if they had not been commuted, and to any periodical
payments granted to that person and applied for benefit.
(6) In this article the expression "an appropriate provision"
means any of the following enactments, provisions or instruments,
that is to say -
( a ) any Scheme made under the United Kingdom Personal
Injuries (Emergency Provision) Act, 1939; 
( b ) any United Kingdom enactment mentioned in
paragraphs ( a ), ( b ), ( f ), ( g ) and ( i ) of sub-article (6) of
article 30 of the United Kingdom Personal Injuries
(Civilians) Scheme.
Provision for 
taking damages 
into account.
29.  (1) When a person in respect of whom an injury
allowance, pension or allowance may be or has been awarded under
this Scheme in respect of an injury he has received or recovered
damages in respect of that injury, or has been paid any sum in
settlement or composition of his claim to any such damages, the
Committee may take the weekly value of the whole or such part as
the Committee may think fit of those damages or of that sum into
account against the amount of that injury allowance, pension or
PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 19
allowance, and may, for the purpose of securing that only the
excess, if any, of that amount over that value shall be or shall have
been paid to or in respect of that person, withhold or cancel the
award of that injury allowance, pension or allowance or reduce the
amount thereof.
(2) Where a person -
( a ) refuses or neglects to claim, or to take or prosecute
proceedings to recover damages in respect of an injury
in respect of which an award of an injury allowance,
pension or allowance may be or has been made in
respect of that person; or
( b ) continues proceedings to recover any such damages; or
( c ) accepts any sum in settlement or composition of his
claim to any such damages,
and the Committee considers that such refusal, neglect continuance
or acceptance is unreasonable, the Committee may withhold or
cancel the award of that injury allowance, pension or allowance or
reduce the amount thereof.
Provisions as to 
persons refusing 
treatment.
30. Where it is certified by a medical officer or board of
medical officers appointed by the Committee for this purpose that a
person who has sustained a qualifying injury should in his own
interests undergo medical treatment for the injury, and that person
refuses or neglects to undergo that treatment, the Committee may,
if it considers that such refusal or neglect is unreasonable, withhold
or cancel any award of any injury allowance, pension or allowance
which has been or may be made under this Scheme in respect of
that injury, or may reduce the amount of any such award.
Power to award 
lump sum in lieu of 
pension or 
allowance.
31. Where the Committee is satisfied in the case of any person
to whom a pension or allowance has been or may be awarded under
Part III of this Scheme that the payment of a lump sum in lieu of
that pension or allowance is justified by the circumstances of the
case, the Committee shall award to that person such a lump sum as
aforesaid, to be determined according to such principles as may be
prescribed.
Provision as to 
awards and 
payment of 
pensions, etc.
32. Any pension or allowance under Part III of this Scheme
may be awarded provisionally or upon any other basis, and for such
period as the Committee may think fit, and may be paid weekly in
advance, and any fraction of one cent shall be reckoned one cent.
Review of awards.
them under this Scheme and, if it appears to them that by reason of
any mistake of fact, any change in the condition or circumstances
of the person to whom the award was made, or for any other reason
whatsoever, it is expedient so to do, they may increase or reduce
the rate of any pension or allowance awarded, cancel an award, or
make a fresh award, so, however, that no pension or allowance
shall be increased to a rate exceeding the appropriate rate specified
in the article under which it was awarded.
Provisions as to 
persons admitted to 
hospitals, etc.
34.   (1) Where a person to whom a pension may be or has been
awarded under this Scheme in respect of an injury is being
maintained in an institution to which this article applies for the
20 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS
purpose of receiving medical treatment for that injury, the
Committee may reduce that pension by such an amount as they may
think fit, having regard to the fact that the person is being so
maintained.
(2) Where a person to whom a pension may be or has been
awarded under this scheme is being maintained in an institution to
which this article applies otherwise than for the purpose of
receiving medical treatment for a qualifying injury, or where a wife
to whom an allowance may be or has been awarded under article
12(3) of this Scheme is being maintained in such an institution
otherwise than for the purpose of receiving such treatment the
Committee may deduct from that pension or allowance, as the case
may be, such an amount in respect of the maintenance of that
person or wife in that institution as the Committee may think fit
having regard to all the circumstances of the case, and may pay the
amount so deducted to the body or person having the management
of that institution.
(3) This article applies to any institution which is supported
wholly or partly out of public funds and is a port-house, hospital,
convalescent home, mental hospital, asylum, infirmary or other
similar institution.
Payment of public 
claims out of 
pensions, etc.
35. Where the Committee is satisfied that any sum is due to the
Government of the United Kingdom or a Government Department
from a person in respect of whom an injury allowance, pension or
allowance has been awarded under this Scheme or that any
overpayment has been made in respect of any such person by the
Government of the United Kingdom, or a Government Department,
the Committee may deduct from that injury allowance, pension or
allowance such amounts and at such times as they may think fit in
respect of that sum or overpayment and may apply the amount so
deducted towards paying or repaying that sum or overpayment.
Administration of 
pensions and 
allowances.
36. (1) Any injury allowance, pension or allowance, or any
lump sum in lieu thereof awarded under this Scheme, may be
administered in accordance with the following provisions of this
article if the person in respect of whom it has been awarded -
( a ) has not attained the age of twenty-one years; or
( b ) is, in the opinion of the Committee, suffering from
mental infirmity to such an extent as to be incapable of
managing his own affairs; or 
( c ) is being maintained in an institution to which article
34 of this Scheme applies; or
( d ) is a person in whose case an injury allowance, pension
or allowance can be forfeited or has been restored
under article 37 of this Scheme,
or in any other case the Committee considers that it is in the
interest of that person that it should be so administered.
(2) Any injury allowance, pension, or allowance or lump sum
awarded to or in respect of any person which is being administered
under this Article may, as to the whole or such part thereof as the
Committee think fit and at such times as they thing fit, be paid or
PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 21
applied by the Committee to or for the benefit of that person, or to
or for the benefit of the wife or husband or any minor or dependant
of that person, or be paid by the Committee to any person whom
they consider to be a fit and proper person so to pay or apply the
whole or any part of that injury allowance, pension, allowance or
lump sum.
(3) Where part of an injury allowance, pension or allowance
which has been administered under this article has not, when that
injury allowance, pension or allowance ceases to be so
administered, been paid or applied, payment in respect of that part
may be made either in a lump sum by instalments of such amounts
and at such intervals as the Committee think fit, so, however, that
the lump sum or the aggregate of the instalments, as the case may
be, shall not exceed the sum of thirty-five liri.
Forfeiture of 
pensions and 
restoration of 
forfeited pension, 
etc.
37. (1) Where a person in respect of whom an injury
allowance, pension or allowance may be or has been awarded under
this Scheme - 
( a ) is, in pursuance of a sentence or order of a court upon
his being found guilty of an offence, serving a term of
imprisonment or detained in a reformatory or approved
school; or
( b ) is an enemy alien who, as such, has been interned or
detained or has been expelled from these Islands or the
United Kingdom; or
( c ) is a person who, under the Aliens Restriction Act,
1914, or under the Prevention of Violence (Temporary
Provisions) Act, 1939, or under any regulations made
under the Emergency Powers (Defence) Acts, 1939
and 1940, or under the Civil Authorities (Special
Powers) Acts (Northern Ireland), 1922 and 1923, is
detained, or has been deported from, required to leave
or prohibited from entering the United Kingdom, Great
Britain or Northern Ireland, or is detained, or has been
deported from, required to leave, or prohibited from
entering these Islands under any similar enactment in
force in Malta,
the Committee may withhold the award of that injury allowance,
pension or allowance, or, if that injury allowance, pension or
allowance has been awarded and is not already forfeited, direct that
that injury allowance, pension or allowance shall be forfeited as
from such date as the Committee may think fit.
(2) Where a person to or in respect of whom a pension or
allowance may be or has been awarded under Part III of this
Scheme in respect of an injury sustained by a person who has died
is, in the opinion of the Committee, unworthy of a grant from
public funds, the Committee may withhold the award of that
pension or allowance or direct that it shall be forfeited as from such
date as the Committee may think fit.
(3) The Committee may, in its discretion and upon such terms
and as from such date as it thinks fit, restore, either in whole or in
part, any injury allowance, pension or allowance forfeited under
22 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS
this article.
Provisions with 
respect to failure to 
obtain payment of 
pensions, etc.
38. (1) No sum shall be paid under an award made under this
Scheme where the person to whom payment thereof might have
been made fails to obtain such payment within three months from
the date on which he might have first obtained such payment.
(2) Where a person to whom a pension or allowance awarded
under Part III of this Scheme may be paid fails to draw that pension
or allowance for a continuous period of not less than six months,
the Committee shall cancel the award of that pension or allowance,
and no payment of the arrears of that pension or allowance shall be
made.
(3) Notwithstanding anything contained in the foregoing
provisions of this article, where the failure of any person to obtain
payment of a sum within three, or as the case may be, six months
from the date on which he might first have obtained payment
thereof, or to draw a pension or allowance for a continuous period
of not less than six months, is due to circumstances for which that
person cannot in the opinion of the Committee justly be held
responsible, the Committee may cause to be paid that sum or may
order that the award of that pension or allowance is not cancelled,
or if it has already been cancelled, order the restoration of that
award and may cause to be paid the whole or such part as it may
think fit of the arrears of any such pension or allowance:
Provided that the amount which may be paid in respect of
any sums payment whereof has not been obtained within the
aforesaid period of three or as the case may be six months or in
respect of any such arrears shall not exceed thirty-five liri.
Re-marriage of 
widows, etc.
39.  Where an award under this Scheme has been made to a
female person as being the widow or parent of a deceased person,
the award shall cease to have effect on the date on which that
widow remarries, or on which that parent remarries, or on which
that widow and any person, or that parent and any person other than
the male parent of the deceased person, begin to live together as
man and wife:
Provided that where an award to the widow of a deceased
person ceases to have effect by virtue of this article and there is a
dependent minor of that deceased person in respect of whom an
allowance has been awarded to the widow, the Committee may
continue the award of that allowance for such period as it may think
fit, not exceeding the period for which that allowance could have
been paid if that award had not ceased to have effect.
Provisions as to 
conditions on 
which awards are 
made.
40. Where an award has been made under any Part of this
Scheme which could only have been made if some condition
specified in that part of this Scheme were fulfilled, that award shall
cease to have effect if and when that condition ceases to be
fulfilled.
PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 23
Provisions for 
dispensing with 
opening of 
succession.
Cap. 364.
41. Where a person to whom any payment could have been
made under this Scheme before his death dies before that payment
is made, and the amount so unpaid does not exceed thirty-five liri,
the opening of succession or other proof of title of the personal
representative of the deceased person and any suspension of
payment under the provisions of the Duty on Documents and
Transfers Act may be dispensed with, and the amount so unpaid
may be paid or distributed to or among persons appearing to the
Committee to be the persons beneficially entitled to the personal
estate of the deceased person or to or among any one or more of
those persons and, in determining the persons to whom or the
proportions in which the amount so unpaid shall be paid or
distributed, the Committee may have regard to any payments made
or incurred by any such person for or on account of the funeral
expenses of the deceased person.
Declarations and 
certificates which 
may be required.
42. (1) Any person to whom a pension or allowance under
Part III of this Scheme, or a lump sum in lieu thereof, has been
awarded and any person to whom payment of that pension,
allowance or lump sum is to be made shall, if and when required by
the Committee so to do, subscribe such declaration as the
Committee may prescribe.
(2) Where a declaration is subscribed under sub-article (1) of
this article by a person who is not the person to whom the pension,
allowance or lump sum has been awarded, there shall be furnished,
if and when required by the Committee, such certificate as the
Committee may prescribe.
(3) If such a declaration or certificate as may have been
required by the Committee under this article to be subscribed or
furnished is not subscribed or furnished, payment of the pension,
allowance or lump sum shall be withheld until the requirements of
the Committee have been complied with.
Regulations.
Malta may make regulations for the purpose generally of carrying
this Scheme into effect, and such regulations may in particular
make provision for prescribing -
( a ) the persons by whom, and the form and manner in
which applications for awards of injury allowances,
pensions and allowances under this Scheme may be
made;
( b ) the records, documents and other information, which
must be furnished to the Committee by applicants in
connection with such applications as aforesaid or in
connection with any injury allowance, pension or
allowance, which has been awarded under this
Scheme;
( c ) anything which by this Scheme is to be prescribed.
Commencement of 
Scheme.
44. (1) This scheme shall be deemed to have come into
operation on the 8th June, 1941, and that date is herein referred to
as the commencement of the scheme.
(2) Payments under this scheme may be made in respect of
24 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS
injuries sustained before the commencement of the scheme
provided that, except as allowed by sub-article (3) of this article, no
payment shall be made in respect of any period prior to that date.
(3) In the case of an injury sustained before the
commencement of the scheme, if, as a result of that injury, any
person has died or has suffered serious and prolonged disablement
continuing after the commencement, the Committee may, in its
discretion, make a payment not exceeding half the amount which
would have been payable during the period from the date of that
injury to the commencement of the Scheme had the Scheme been in
operation during that period:
Provided that no such payment shall be made unless it is
shown to the satisfaction of the Committee that the person to or for
whose benefit the payment may be made has suffered serious
financial hardship as a result of that injury and continues to suffer
such financial hardship after the commencement of the Scheme.
(4) In respect of injuries sustained before the commencement
of the Scheme any time limits laid down in articles 8(1), 20 and 21
of this Scheme shall be deemed to be extended until 8th November,
1941.
SCHEDULE
1. Air Raid Precautions Department.
2. Police (including Police Reserve and Special Constabulary).
3. The Emergency Medical Service of the Department of Health.
4. Demolition and Clearance Service. 
5. The Emergency Repair Service of the Telephone Department.
6. The Emergency Repair Service of the Water and Electricity
Department.
7. Regional Protection Officers, Protection Officers, District
Commissioners and their authorised staffs.
