Social Security Act (Cap. 318)

Social Security Act (Cap. 318), article 17

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17. (1) The contribution conditions for the payment of Sickness Benefit, Unemployment Benefit and Special Unemployment Benefit payable in accordance with articles 18 and 30 shall be as set out in the El eventh Schedule to this Act. (2) The contribution conditions for the payment of a pension under article 26, Part IV (other than a Survivor’s Pension) and Part V (other than a Two-Thirds Pensi on) of this Act shall be as set out in the Eleventh Schedule to this Act. (3) For the purposes of determining whether a person is entitled to any one of the benefits referred to in sub-article (1), inso far as contributions are concerned - (a) Class One contributions paid at any time in respect of fictitious employment and any Class One contributions credited in accordance with article 16(4)( b) in virtue of sub-article (2)( b) of the said article 16 shall not be taken into account; (b) Class Two contributions, whether paid or credited, shall not be taken into acco unt in connection with - (i) any claim for Unemploy ment Benefit, or Special Unemployment Benefit: Provided that, with effect from the 5 th January 2019, the provisions of sub-paragraph 3(b)(i) shall cease to apply; and (ii) any claim for Sickness Benefit, unless the Director is satisfied that such contributions had been paid in respect of periods during which the person concerned was self-occupied; (c) C l a s s O n e a n d C l a s s T w o c o n t r i b u t i o n s p a i d , f o r a n y period following January 7, 2008, by any person in receipt of a pension under Part V of this Act shall not be taken into account. (4) For the purpose of determining whether a person is entitled to any one of the pensions referred to in sub-article (2), inso far as contributions are concerned - (a) Class Two contributions deemed to be so by virtue of article 4 and of article 16(5), Class Two contributions which have not been paid from a gainful activity, Class One contributions credited in accordance with article 16(4)( b) in virtue of sub-article (2)( b) of the said article 16 and Class Two contributions credited in accordance with article 16(4)( a)(i) shall not be taken into account in connectio n with any claim for a pension under article 26; (b) Class One contributions paid at any time in respect of fictitious employment shall not be taken into account in connection with any claim for a pension (other than a pension payable under Part IV of this Act) referred to in sub-article (2) save as provided for in article 55; (c) Class One and Class Two contributions paid for any SOCIAL SECURITY [CAP. 318. 29 period following January 7, 2008 by any person in receipt of a pension under Part V of this Act shall not be taken into account for the reassessment of any pension under Part IV and Part V of this Act. (5) Where a person would be entitled to a pension payable under the articles referred to in sub-article (2) but for the f act that the relevant contribution conditions are not satisfied as regar ds the yearly average of contributions paid or credited, that person s hall nevertheless be entitled, if the said yearly average is not les s than 20, to a pension of that kind at the reduced rate specified for a pension of that kind in the Twelfth Schedule to this Act. (6) For the purposes of this article, insofar as contributions a re concerned, any Class One contributions paid by an insured perso n in any contribution year under the proviso to article 7(2)( a) shall be multiplied by: (a) the proportion of the actual total value of contributions paid by the employee and the employer during a contribution year, in acco rdance with Category B of Part 1 in the Tenth Schedule to this Act, bears to the full value of contributions that would have been due under the provisions of this Act during the said contribution year, had the employee concerned not opted to pay his contributions according to article 7(2)( a); and (b) for the purposes of determining entitlement to any benefit, pension, grant or allowance, the resulting number of such weighted contributions for that contribution year as calculated in terms of paragraph (a) of this sub-article, shall be considered as the actual number of contributions paid by and in respect of the employee during the said contribution year for such benefit, pension, grant or allowance under this Act. (7) For the purposes of this article, insofar as contributions a re concerned, any Class Two contributions paid by an insured part- time female self-occupied pers on in any contribution year after the 3rd January 2011 at a rate which is below the maximum rate for category SA established in Part III of the Tenth Schedule, shal l be multiplied: (a) by the proportion of the actual total value of pro-rata SA contributions paid by the part-time self-occupied person during a contribution year, in accordance with Part III in the Tenth Schedule, bears to the full value of contributions that would have been due under the provisions of this Act during the said contribution year, had the self-occupied person concerned not opted to pay a pro-rata contribution accord ing to the Tenth Schedule; and (b) for the purposes of determining entitlement to any benefit, pension, grant or allowance, by the resulting number of such weighted contributions for that contribution year as calculated in terms of paragraph 30 CAP. 318.] SOCIAL SECURITY (a), and shall be considered as the actual number of contributions paid by and in respect of the self- occupied person during the said contribution year for such benefit, pension, grant or allowance under this Act. PART III BENEFITS, ALLOWANCES AND PARTICULAR PENSIONS Sickness Benefit. Amended by: XX. 1987.5; XVI. 1989.4; XIII. 1991.7; VIII. 1992.7; XXV . 1994.2; XXVII. 1995.2; XXI. 1996.11; VI. 2006.3; I. 2012.2; VII.2018.34; VIII.2020.28; XII.2023.25; XIII.2024.18.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.