PERSONAL INJURIES OF CIVILIANS ġ S.L.111.02 1
SUBSIDIARY LEGISLATION 111.02
PERSONAL INJURIES OF CIVILIANS 
REGULATIONS
8th June, 1941
GOVERNMENT NOTICE 386 of 1941.
Title.
Civilians Regulations.
Interpretation.
unless the context otherwise requires, the meaning hereby assigned
to them respectively -
"allowance" means an allowance under Part III of the Scheme;
"claimant", in relation to an injury allowance, pension or
allowance, means the person who claims to be awarded that injury
allowance, pension or allowance;
"grantee", in relation to an injury allowance, pension, allowance
or lump sum, means the person to whom that injury allowance,
pension, allowance or lump sum has been awarded;
"guardian" means the parent, guardian or person having the care
of a minor who has not attained the age of fourteen years;
"injury allowance" means an injury allowance under Part II of
the Scheme;
"lodge" means deliver by hand or by post to the Secretary of the
Committee;
"the Committee" means the Committee appointed by the
President of Malta under the Scheme; 
"pension" means a pension under Part III of the Scheme;
S.L. 111.01
Scheme;
and all other expressions to which a meaning is assigned by the
Scheme have, unless the context otherwise requires, that meaning
in the Regulations.
Completion of 
forms.
3. (1) Where a form has been issued or authorised by the
Committee for any purpose in connection with the Scheme or these
Regulations, hereinafter called "the form", that form only shall be
used for that purpose unless the Committee otherwise determines.
(2) The form shall be completed before it is lodged and shall
not be deemed to be completed until all the information required by
the form has been furnished and any instructions given as to the
manner of its completion have been complied with.
Persons to make 
applications.
4. (1) An application for an award of an injury allowance,
pension or allowance shall be made by the claimant.
(2) An application for an award of an injury allowance may be
made by a person authorised by the claimant in writing to make that
application on his behalf.
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(3) An application for an award of a pension to a claimant who
has not attained the age of fourteen years shall be made by the
guardian of the claimant.
(4) Where the Committee is satisfied that the claimant is
incapable of making an application or, in the case of an application
for an award of an injury allowance, of authorising some person in
writing to make an application on his behalf, they may permit an
application to be made on behalf of the claimant by the wife or
husband or some other person as they may consider to be a proper
person to act, and to be in fact acting, on behalf of the claimant.
General provisions 
as to applications.
5. An application for an award of an injury allowance,
pension or allowance shall be made by lodging the application form
therefor, and shall be deemed to be made on the date on which that
form is lodged.
Certificates of 
incapacity, 
discharge from 
hospital, etc.
6. (1) An application for an award of an injury allowance in
respect of an injury shall be made on the form and shall include a
certificate which shall - 
( a ) where the claimant is receiving treatment for that
injury as an in-patient in a hospital, be a certificate
signed by a responsible officer of that hospital
certifying that the claimant is receiving such
treatment;
( b ) in any other case, be a certificate signed by a
government medical officer certifying that the
claimant is incapable of work by reason of that injury.
(2) An application for an award of a pension or allowance in
respect of an injury which is claimed to be causing a person serious
and prolonged disablement shall be on the form and shall be
accompanied by a certificate which shall -
( a ) in a case where the disabled person has received
treatment in a hospital for that injury, be a certificate
by a medical officer of that hospital as to the nature
and effects of that injury;
( b ) in any other case be a certificate on the form by a
government medical officer as to the nature and effects
of that injury.
(3) An application for an award of a pension or an allowance
in respect of an injury of which the death of a person is claimed to
have been the direct result shall be on the form and shall be
accompanied -
( a ) where that person has died in these Islands, by a duly
certified copy or extract under the hand of the Director
of the Public Registry of the certificate of the death of
that person or by a duly certified copy of the entry in
the parish register of the death of that person or, if
such certificates are not available and if the Committee
so directs, such certificate or other evidence as the
Committee may require for the purpose of satisfying
themselves that that person has died;
PERSONAL INJURIES OF CIVILIANS ġ S.L.111.02 3
( b ) where that person has died elsewhere, by such
certificate or other evidence as the Committee may
require for the purpose of satisfying themselves that
that person has died.
Certificates of 
continued 
incapacity.
7. In connection with an injury allowance which may be or
has been awarded, there shall be lodged at such times as the
Committee may direct, a certificate on the form by a government
medical officer that the person to whom that injury allowance may
be or has been awarded has, throughout the period in respect of
which payment of that injury allowance is claimed, been incapable
of work by reason of the injury in respect of which it may be or has
been awarded.
Evidence of 
gainful occupation.
8. There shall be lodged in connection with an application for
an award of an injury allowance, pension or allowance in respect of
a war injury which is claimed to be an injury which may be
compensated on the higher scale on the ground that the person who
sustained the injury was a gainfully occupied person, such
documentary evidence as the Committee may require for the
purpose of satisfying themselves that that person was a gainfully
occupied person.
Certificates and 
reports in cases of 
war service injury
9. (1) An application for an award of an injury allowance,
pension or allowance in respect of an injury which is claimed to
have been a war service injury sustained by a civil defence worker
shall be on the form and shall be accompanied by -
Cap. 111.
( a ) a certificate that the person who sustained that injury
was a member of a civil defence organization at the
time when the injury was sustained and that the injury
was a war service injury in accordance with the
definition of "war service injury" contained in article 9
of the Personal Injuries (Emergency Provisions)
Ordinance;
( b ) a report about the injury in question.
(2) Such a certificate and report shall be on the form signed by
a responsible officer of the civil defence organisation of which the
person who sustained the injury was a member at the time when the
injury was sustained.
Evidence of 
incapacity for self-
support, etc.
10. Where in connection with an application for, or the
continuance of, an award of an injury allowance, pension or
allowance the Committee require evidence that a person is
incapable of self-support, there shall be lodged at such times as the
Committee may direct a certificate on the form signed by a
government medical officer with respect to the physical or mental
infirmity which renders that person incapable of self-support.
Evidence of 
contributions to the 
support or 
maintenance of a 
person.
11. Where in connection with an application for an award of an
injury allowance, pension or allowance the Committee require
evidence that contributions have been or are being made to the
support or maintenance of a person, there shall be lodged at such
times as the Committee may direct such documentary evidence as
the Committee may require for the purpose of satisfying themselves
as to the contributions which have been or are being made to the
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support or maintenance of that person.
Evidence that a 
child over fourteen 
is at school.
12. Where in connection with an application for, or the
continuance of an award of an injury allowance, pension or
allowance the Committee require evidence that a child who has
attained the age of fourteen years is a child receiving full-time
instruction at a school, there shall be lodged at such times as the
Committee may direct a statement in writing signed by a principal
officer of a school setting out such particulars as the Committee
may require as to the attendance of the child at that school.
Evidence of birth, 
marriage, death, 
etc.
13. There shall be lodged in connection with an application for
an award of a pension or allowance such documentary evidence as
the Committee may require for the purpose of satisfying themselves
with respect to -
( a ) the date of birth, parentage, marriage or death of any
person with respect to whom the Committee require
such evidence for the purpose of the Scheme;
( b ) the legitimation or adoption of any child with respect
to whom the Committee require such evidence for the
purpose of the Scheme;
( c ) the fact that the applicant is the guardian of the
claimant.
Evidence of need. 14. Where in connection with an application for, or the
continuance of, an award of a pension or allowance the Committee
require evidence that the claimant or grantee or some other person
is in need, there shall be lodged at such times as the Committee
may direct a statement in writing on the form setting out the
financial circumstances of the person who is claimed to be in need,
and such documentary evidence with respect to those financial
circumstances as the Committee may require for the purpose of
satisfying themselves that that person is in need.
Certificates in 
respect of injured 
students and 
applications.
15. There shall be lodged in connection with an application for
an award of a pension in respect of a war injury which it is claimed
may be treated as if it were an injury which may be compensated on
the higher scale on the ground that it was sustained by the claimant
at a time when he was a student or an apprentice, a statement in
writing signed by a principal officer of a university, college, school
or other educational establishment, or by a person responsible for
giving the claimant training for any trade, business, profession,
office, employment or vocation, being a statement setting out such
particulars as the Committee may require as to the attendance of the
claimant at that educational establishment or for that training, as
the case may be.
Notice of injury in 
cases of injured 
children.
16. Where a war injury is sustained by a person who has not
attained the age of fourteen years, the notice and particulars
required by article 20 of the Scheme shall be given by lodging a
notice in writing on the form signed by the guardian of that person
setting out such particulars with respect to the injured person, the
nature of his injury, the circumstances in which the injury was
sustained and otherwise as the Committee may require.
PERSONAL INJURIES OF CIVILIANS ġ S.L.111.02 5
Lodging of further 
documents, etc.
17. There shall be lodged in addition to or in lieu of any
document which is or may be required to be lodged by or under
these Regulations, any such statement, certificate, report, form or
other documentary evidence or information as the Committee may
require for any purpose of the Scheme or of these Regulations.
Second lodgment 
of documents 
dispensed with.
18. Where any document has once been lodged in connection
with any application, it shall not be necessary, unless the
Committee otherwise direct, to lodge that document in connection
with any subsequent application.
Medical 
examinations.
19. Any person who has sustained an injury in respect of which
an award may be or has been made or a notice has been lodged
pursuant to regulation 16, and any person who is or has been
claimed in any application to be incapable of self-support, shall, if
and when the Committee require him so to do, submit himself at
such time and place as the Committee may direct for medical
examination by a medical officer or board of medical officers
appointed or recognised by the Committee for the purpose.
Lodging of 
declarations, etc.
20. (1) The provisions of this regulation shall have effect with
respect to the declaration which may be required by the Committee
to be subscribed, and the certificate which may be required by the
Committee to be furnished, in accordance with the provisions of
article 42 of the Scheme.
(2) The declaration shall be on the form and shall state that the
declarant is entitled to receive the amount of the pension,
allowance or lump sum which has been awarded, and shall set out -
( a ) the full name, age or date of birth and place of
residence of the grantee and, if the declarant is not the
grantee, the full name and place of residence of the
declarant;
( b ) such particulars with respect to any person in respect
of whom the allowance has been awarded as may be
required by the Committee;
( c ) in a case where the award of the pension or allowance
ceases to have effect on the marriage of any person,
whether or not that person has married; and
( d ) such further particulars as may be required by the
Committee.
(3) The declaration shall be signed by the declarant in the
presence of an attestor who shall -
( a ) be a person possessing such qualifications as may be
specified in the form of declaration;
( b ) state fully the qualification entitling him to attest; and 
( c ) certify that the declaration was signed in his presence
and that he believes the declarant to be the person he
represents himself to be:
Provided that an attestor shall not be the grantee or the
person to whom payment of the pension, allowance or lump sum is
to be made or a relative of the grantee or of that person.
(4) The declaration shall, if so required by the Committee, be
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signed in the presence of an attestor selected by the Committee for
the purpose or an attestor possessing such qualification as may be
specified by the Committee, being in either case a person
possessing a qualification specified in the form of declaration.
(5) The certificate shall be signed by a person possessing a
qualification entitling him to attest a declaration in accordance with
the provisions of sub-regulation (3) of this regulation, and shall
certify when that person last saw the grantee alive.
Payment. 21. (1) Payment of an injury allowance, pension or allowance
shall, subject to the provisions of the Scheme and of these
Regulations, be made to the grantee.
(2)  Where the person to whom, pursuant to the provisions of
the Scheme or of these Regulations, any payment of an injury
allowance, pension or allowance would, but for the provisions of
this sub-regulation be made, authorises some other person in
writing to receive that payment on his behalf, that payment may, if
the Committee think fit, be made to that other person:
Provided that -
( a ) any payment of an injury, allowance awarded to a male
person who is married may, while that male person is
in hospital, be made to his wife without his written
authority;
( b ) where the Committee are satisfied that the person to
whom a payment would, but for the provisions of this
sub-regulation, be made is unable, by reason of
physical or mental infirmity, to give a written authority
to receive payment on his behalf, that payment may be
made to such person as the Committee may consider to
be an appropriate person to receive that payment on
behalf of the person suffering from that infirmity.
(3) Where any payment of an injury allowance, pension or
allowance is made in accordance with the provisions of the Scheme
or of these Regulations to some person other than the grantee, the
receipt of that person shall be a good discharge to the Committee
for that payment.
Power to 
administer oaths.
22. The Committee or any member thereof, is hereby
empowered to administer oaths to any person for the purpose of
confirming the truth of any statement required under these
Regulations.
Power to dispense 
with compliance 
with regulations.
23. The Committee may dispense with compliance with any
requirement contained in these Regulations if they are satisfied that
such compliance ought to be dispensed with.
