Legislation

Social Security Act (Cap. 318)

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• Art. 2(1) In this Act, unless the c ontext otherwise requires - "allowance" means any allowance payable under this A
• Art. 3(1) Subject to the provisions of this Act, and save as provided for in sub-article (2), every person who has p
• Art. 4Subject to the provisions of this Act, a contribution paid prior to the 3rd day of April, 1978, by a non-emplo
• Art. 5For the purposes of this Act , every employment specified in Part I of the First Schedule to this Act, unless
• Art. 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
• Art. 7(1) For every person who is employed in insurable employment, three contributions per week shall be payable, i
• Art. 8(1) The employer shall, in the first instance, be liable to pay both the contribution payable by himself and a
• Art. 9Every employer liable to pay any contribution in respect of an employed person shall, unless with the approval
• Art. 10(1) Every self-employed or se lf-occupied person, unless otherwise exempted under the pr ovisions of this Act,
• Art. 11Every self-employed or self-o ccupied person liable to pay a Class Two contribution in acco rdance with articl
• Art. 12(1) A self-employed person who satisfies the Director that he is not self-occupied and whose yearly means calc
• Art. 13(1) A person who - (a) is employed under a contract of service outside Malta in such manner that he is not in
• Art. 14A person who is liable to pay a Class One contribution under articles 7, 8 and 9 and who is also self-occupied
• Art. 15(1) A self-occupied person who is liable to pay a Class Two contribution under the provisions of this Act, oth
• Art. 16(1) When a person pays his first contribution under this Act he shall become entitled to a credited contributi
• Art. 17(1) The contribution conditions for the payment of Sickness Benefit, Unemployment Benefit and Special Unemploy
• Art. 18(1) Subject to the provisions of this Act, an insured person who has not yet reached his retirement age and wh
• Art. 19Medical Assistance shall be of the following kinds: (a) Sickness Assistance; (b) Leprosy Assistance; (c) Tuber
• Art. 20(1) Subject to the provisions of this Act, a person who is the head of household shall be e ntitled to Sicknes
• Art. 21(1) Subject to the provisions of this Act, a person who is the head of household shall be entitled to Leprosy
• Art. 22Subject to the provisions of this Act, a person who is the head of household shall be entitled to Tuberculosis
• Art. 23(1) Subject to the provisions of this Act and the provisions in the Health Act , a person who is the head of h
• Art. 25The weekly amounts payable under the provisions of this Act by way of Sickness Assistance, Leprosy Assistance,
• Art. 26(1) Subject to the provisions of this Act, a person shall be entitled to an Invalidity Pensio n or Increased I
• Art. 27(1) Save as provided for in article 96 and subject to the other provisions of this Act, a person who - (a) has
• Art. 28(1) Subject to the provisions of this Act, where an insured person who has not yet reached his retirement age
• Art. 29(1) Where the accident or industrial disease, as is referred to in article 28, results in the permanent loss o
• Art. 30(1) Subject to the provisions of this Act, a person who satisfies the relevant contribution conditions and who
• Art. 31A widow whose husband satisfies the relevant contribution conditions as provided under article 17 on the date
• Art. 32(1) Notwithstanding the provisions of article 31, a widow under pension age who is gainful ly occupied, shall
• Art. 33Where a widow is entitled to receive a Widow’s Pension under this Part, her rate of such pension shall be abat
• Art. 33A(1) With effect from January 6, 1996, the rate of widows’ pension as abated in terms of article 33 and the pro
• Art. 34Subject to the provisions of this Part, a widow whose husband at the time of his death was or would have been
• Art. 35Save as provided for in the proviso to article 37, the full rate of a Survivor’s Pension shall be five-sixths
• Art. 36Where the widow is in receipt of a pension from a former employer of the deceased pensioner which is in any wa
• Art. 37A Survivor’s Pension payable under the foregoing articles shall be reassessed annually in accordance with the
• Art. 38A widow who is in receipt of a Survivor’s Pension may not receive any Sickness, Unemployment, Special Unemploy
• Art. 39A widow who is entitled to a Survivor’s Pension and also to a Widow’s Pension under this Part, shall only be e
• Art. 40(1) Subject to the provisions of sub-article (3), a widow who is in receipt of any pension under this Part sha
• Art. 41Notwithstanding any other provisions of this Act, a widow who on the 1st day of June, 1979, was in receipt of
• Art. 42A widow who receives any pension or benefit under this Part of this Act and who is a resident of a State Finan
• Art. 42A(1) Where the deceased insured person, as a consequence of having been divorced, has one widow or more, the pe
• Art. 42BIn case of widows entitled to receive more than one pension in respect of widowhood by virtue of this Part, th
• Art. 43The foregoing provisions of this Part shall also apply, mutatis mutandis , in the case of a widower. PART V PE
• Art. 44Subject to the other provisions of this Act, a person shall be entitled to a Retirement Pension, or Increased
• Art. 45(Deleted by XXXII. 2007.51 ) Option of widow claiming a pension in respect of retirement. Amended by: XVI.1990
• Art. 46When the person applying for a pension under this Part is a widow, she shall be entitled to elect that, in cal
• Art. 47(1) Subject to the provisions of this Act, where a person is entitled to a Service Pension - (i) with effect f
• Art. 48If the date of first entry in insurance of a person falls on or after the 16th day of January, 1979, such a pe
• Art. 49For the purposes of article 47, where a person has been in employment for less than thirty years in the aggreg
• Art. 50Subject to the provisions of this Act, a person born on or before the 31st December 1961 who is not entitled t
• Art. 50ASubject to the provisions of this Act, a person born on or after the 1st January 1962, who reaches pensionable
• Art. 51Notwithstanding the provisions of articles 47 and 49, where a person is entitled to a Service Pension and his
• Art. 52A person - (a) who has been an employed or self-employed or self- occupied person for not less than ten years
• Art. 53(1) The full rate of the Two-Thirds Pension mentioned under article 52 shall be two-thirds of the pensionable
• Art. 54Where a person qualifies for the full Two-Thirds Pension under article 53, then, notwithstanding the provision
• Art. 55Where a person would be entitled to the full rate of a Two- Thirds Pension but for the fact that the yearly av
• Art. 56Where a person is entitled to a Service Pension, other than a Service Pension which has been commuted, at any
• Art. 57Where a person qualifies for a pension under article 26 and under Part IV of this Act and for a pension under
• Art. 58For the purposes of this Part, in calculating the pensionable income, the Director shall ignore any increase i
• Art. 59(1) In respect of persons born on or before the 31st December 1961, any pension issu ed under this Part shall
• Art. 60A person who during the last ten calendar years immediately preceding his retirement was not liable to pay a c
• Art. 61The pensionable income of a person who becomes entitled to a Two-Thirds Pension under this Part and who immedi
• Art. 61AThe pensionable income of a person born before the 1st January, 1962 who becomes entitled to a pension in resp
• Art. 62Where a married person becomes invalid or suffers any permanent loss of physical or mental faculty arising out
• Art. 63(1) A person who is entitled to a National Minimum Pension in virtue of the provisi ons of articles 50 and 51
• Art. 64Any person who is entitled to a National Minimum Pension in virtue of the provisions of articles 50 and 51 sha
• Art. 64ANotwithstanding the provisions of this Part, a person who has attained the age of sixty-one years but has not
• Art. 64B(1) The Minister shall within intervals not exceeding the period of five years lay on the Table of the House a
• Art. 64C(1) It shall be lawful for the Minister, in concurrence with the Minister responsible for fin ance, from time
• Art. 64D(1) The Minister may, with the concurrence of the Minister responsible for finance, provide for exemptions, de
• Art. 65A pensioner who receives any pension under this Part of the Act and who or whose spouse, as the case may be, b
• Art. 66(1) Save as provided for in article 96 and subject to the other provisions of this Act, a person who - (a) has
• Art. 67The parent of a person who dies as a result of a personal injury caused by an accident arising out of or in th
• Art. 68(1) (a) Subject to the provisions of this Act, a single person o r a married person or a person who proves to
• Art. 69(1) Any person who has the care of a child of another person shall, if both parents of the child are dead and
• Art. 70Subject to the provisions of this Act, a person who marries on or after the commencement date of this Act, and
• Art. 71(1) A woman who, at any time on or after the 1st day of January, 1981 is pregnant with child and has entered t
• Art. 72(1) Maternity Benefit shall b e payable in two parts as follows: (a) a first payment at the rate in accordance
• Art. 73Subject to the provisions of this Act, a head of household who proves to the satisfaction of the Director that
• Art. 74Repealed by Act XXI of 1996. Extension of Parental Allowance to other persons other than the mother. Added by:
• Art. 75Repealed by Act XXI of 1996. Children’s Allowance. Amended by: XX.1987. 11. Re-numbered by: XXIV . 1993.2. Ame
• Art. 76(1) Subject to the provisions of this Act, it shall be the right of every child in any household to have an al
• Art. 76ASubject to the provisions of this Act it shall be the right of every child who is certified by a competent aut
• Art. 77Subject to the provisions o f this Act, a child in any household, in respect of whom an allowance under articl
• Art. 77AWith effect from the 1st of January 2024 and without prejudice to the provisions of this Act, it shall be the
• Art. 78Repealed by Act XXI of 1996. Entitlement to abandoned children or of unknown parents. Re-numbered by: XXIV . 1
• Art. 79Subject to the provisions of this Act, a head of household who has the care of a child or a person whose paren
• Art. 80(1) Except as may be prescr ibed, an allowance payable under articles 73, 76, 76A and 79 shall not be granted
• Art. 81(1) An allowance payable under articles 76, 76A and 79 shall not be payable in respect of a person to whom a p
• Art. 82(1) An allowance due under the provisions of articles 76, 76A and 79 shall be paid to the spouse, if any, of t
• Art. 83An allowance paid under articles 76, 76A and 79 ceases to be payable if the head of househo ld no longer has t
• Art. 84(1) The Minister may, from time to time, and with the concurrence of the Minister responsible for finance make
• Art. 84AThe Minister may from time to time by regulations under this article, establish schemes, whereby subsidies may
• Art. 85(1) Save as provided for in article 96 and subject to the other provisions of this Act, a person who, on any d
• Art. 86The bonus payable to any person under article 85(1) and, or article 85(2) shall be abated by the amount of any
• Art. 87( 1 ) W h e r e , i n t h e c a s e o f a m a r r i e d c o u p l e i n r e s p e c t o f whom article 96(1) a
• Art. 88(1) The Minister may, by order in the Gazette, provide for the payment of an ex gratia benefit by way of payme
• Art. 89No pension payable to a person under article 26 or Parts IV or V of this Act shall be reduced by reason of any
• Art. 90Unless specifically provided or otherwise implied in this Act in respect of Social Assistance, an Age Pension,
• Art. 90ANotwithstanding any other provisions of this Act, whenever Government awards a cos t-of-living increase in the
• Art. 90B(1) Notwithstanding any other provision of this Act, whenever Government awards a cost-of-living increase in t
• Art. 91A person shall be disqualifie d from receiving a pension, benefit, allowance or assistanc e payable under this
• Art. 92(1) A person shall be dis qualified fr om receiving - (a) Sickness and Injury Benefits for any period during w
• Art. 93(1) Subject to the provisions o f this Act, wh ere during any period a person is receiving a State Financed Re
• Art. 94(1) Subject to the provisions of this Act, where during any period a person is receiving a State Financed Resi
• Art. 95(1) A person who is benefitin g from home-care/home-help services provided by Government as are described in a
• Art. 96(1) Subject to the provisions o f sub-article (2), a married person who is in receipt of a pension payable at
• Art. 97(1) It shall be a condition of any person’s right to any benefit, pension, allowance, injury grant or assistan
• Art. 98(1) Where any person is entitled to any pension, benefit, allowance or assistance under thi s Act, payment sha
• Art. 99Where any benefit, pension, assistance or allowance payable under this Act requires either specifically or by
• Art. 100Subject to the provisions of th is Act, where a person who has made a claim for benefit, pension, assistance o
• Art. 101(1) Subject to the provisions of this Act, every assignment of or charge on, and every agreement to assign or
• Art. 102(1) Save as provided for in article 98(3), with effect from the 1st of April 1978, any pers on who has receive
• Art. 103(1) The Director shall have the right to claim by civil action the amount of any benefit paid or payable under
• Art. 104Notwithstanding any provision of the Widows’ and Orphans’ Pensions Act no contribution is payable under that A
• Art. 105If any question arises as to - (a) whether any employment is insurable employment; (b) whether a person is or
• Art. 106Subject to the provisions of ar ticle 97, ever y claim for benefit, pension, allowance or a ssistance shall be
• Art. 107(1) For the purposes of this Act, the Minister may appoint one or more persons to serve as Umpires in cases th
• Art. 108(1) An Appeal shall lie to th e Umpire from any decision of the Director on any question of law or principle o
• Art. 109(1) Subject to the provisions of this Act, an appeal from the decision of the Um pire shall lie to the Court o
• Art. 110The Director or the Umpire , having given a decision on any claim or question, may review that decision if he
• Art. 111In any proceedings b efore any court - (a) for an offence under this Act; or (b) involving any question as to
• Art. 112The Director may appoint such public officers as he may determine to be inspectors for the purposes of this Ac
• Art. 113(1) An inspector appointed under the foregoing article shall, for the purposes of the execution of this Act, h
• Art. 114(1) All benefits, allowances, pensions and assistance payable under this Act shall be a charge on the Consolid
• Art. 115Any expense incurred in carryin g this Act into effect shall be defrayed out of the Consolidated Fund. 114 CAP
• Art. 116(1) If any employer or a self -employed or self-occupied person or a person in respect of whom the provisions
• Art. 116AThe Minister may, with the concurrence of the Minister responsible for finance, exempt any person or category
• Art. 116B(1) Without prejudice to the provisions of this Act, and with effect from the 3rd January, 2005, any arrears d
• Art. 117(1) If any person, for the purposes of obtaining any payment under this Act, whether for himself or for some o
• Art. 118(1) Notwithstanding the provisions of article 136, any stamp purporting to have been an insurance stamp which
• Art. 119If any person contravenes or fails to comply with any of the requirements of this Act, in respect of which no
• Art. 120All offences under this Ac t except those under article 113(6) and under articles 117 and 118 shall be deemed
• Art. 121(1) In criminal proceedings instituted by the Police b e f o r e t h e C o u r t o f M a g i s t r a t e s f o
• Art. 122(1) Notwithstanding any provision in any other law, proceedings for an offence under this Act may be begun at
• Art. 123(1) Without prejudice to article 13 of the Interpretation Act, where any act, matter or thing required to be d
• Art. 124(1) Where any employer has failed or neglected - (a) to pay any contributions which under this Act he is liabl
• Art. 125(1) Any person who at any time has or has had in his employment any employed person, shall furnish to the Dire
• Art. 126Where a claim for benefit, p ension or allowance is made by an employed person under this Act, for the purpose
• Art. 127Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right to appeal
• Art. 127A(1) Notwithstanding any other provision of this Act or of any other law, upon the conclusion of an agreement m
• Art. 128(1) There shall be established a Board, to be known as the Social Assistance Board, consisting of the Director
• Art. 129(1) The functions of the Board shall be to examine the cases referred to it by the Director under article 30(5
• Art. 130(1) There shall be established a Committee, to be known as Welfare Committee consisting of a Chairman and of n
• Art. 131(1) The functions of the Wel fare Committee shall be - (a) to administer the funds entrusted to it by Governme
• Art. 131A(1) The competent authority responsible for State- Financed Residential Services tha t are state-owned hostels
• Art. 132(1) The administration of this Act is vested in the Director General (Social Security) or, as the case may req
• Art. 133In addition to the powers conferred on him by any or all of the foregoing provisions of this Act or by the pro
• Art. 134(1) For the purposes of giving effect to any agreement with the Government of any country, being an agreement
• Art. 135Certificates and other documents which may be required by the Director for the proper administration and execu
• Art. 136(1) All regulations and orders in force under the Old Age Pensions Act, the Director of So cial Services Act,

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