Social Security Act (Cap. 318)

Social Security Act (Cap. 318), article 20

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20. (1) Subject to the provisions of this Act, a person who is the head of household shall be e ntitled to Sickness Assistance under this article if he proves to the satisfaction of the Dire ctor that - (a) he, or a member of his household, is suffering from a disease, or is in a condition, mentioned in Part I of the Fifth Schedule to this Act, which could be alleviated or cured by a special diet or regimen which requires an expenditure not normally incurred by the household, and the person in respect of whom such assistance is claimed is neither an empl oyed person nor a self- occupied person; sohowev er that, in the case of a person who on the date of claim for such assistance is suffering from chronic schizophrenia, whether or not this condition could be alleviated or cured by a special diet or regimen, entitlement to Sickness Assistance would still accrue if the person who is suffering from such a condition proves to the satisfaction of the Director that he has been u ndergoing regular treatment for such a condition for at least 3 years and that within the 3 months immediately prior to his claim for such assistance his condition had been investigated by a psychiatrist who is or was a consultant psychiatrist in Government employment and certified by the said psychiatrist to be suffering from such a condition; (b) with effect from 1st Januar y 2016 an unmarried person who lives with his or her parents, where none of the parents is gainfully occupied and one of the parents is in receipt of a pension unde r Parts IV and V and under articles 26 and 66, who on the date of the claim for such assistance is medically certified: (i) as suffering from a terminal disease, or (ii) as suffering from a bi-polar disorder or psychotic depression, entitlement to Sickness Assistance shall still accrue, provided that in the case of the condition referred to in sub-paragraph (ii), the person suffering from that condition proves to the satisf action of the Director that he or she has been undergoing regular treatment for such a condition for at least three years and that within the three months immediately prior to his or her claim for such assistance his or her condition had been investigated by a psychia t r i s t w h o i s o r w a s a consultant psychiatrist in Government employment and certified by the said psychiatrist to be suffering from such a condition: Provided that, with effect from 1 st January 2019, a person who is the head of household shall be entitled to Sickness Assistance under this ar ticle if he proves to the satisfaction of the Director that he or a member of his household who on the date of the claim for such 34 CAP. 318.] SOCIAL SECURITY assistance is medically certified as suffering from a terminal disease, bi-polar disorder or psychotic depression, provided that the person suffering from that condition proves to the satisfaction of the Director that he has been undergoing regular treatment for such a condition for at least three (3) years and that within the three (3) months immediately prior to his claim for such assistance his condition had been investigated by a psychiatrist who is or was a consultant psychiatrist in Government employment and certified by the said psychiatrist to be suffering from such a condition: Provided further that, with effect from 1st January 2022, an unmarried person who lives with his parents, who on the date of the claim for such assistance is in receipt of an Invalidity Pension under the provisions of article 26, shall not be considered as a member of that household, but is to be considered as forming a household of his own for the purposes of the provisions of Part II of the Second Schedule; (c) t h e t o t a l w e e k l y m e a n s o f a l l t h e m e m b e r s o f h i s household calculated in accordance with the provisions of Part II of the Second Schedule to this Act do not exceed the scale rate for that household as determined by the Seventh Schedule to this Act. (2) A head of household who is i n receipt of Social Assistance or an Age Pension or a Carer’s Allowance under this Act, shall be deemed not to have means exceeding the scale rate for that household as aforesaid. (3) The right of any member in respect of whom Sickness Assistance is payable s hall be extinguished: (i) from the first day of admission to a State Financed Residential service, wherein the resident is being provided with level 2 care as specified by the Minister by notice in t he Gazette; and (ii) from the first day following the day on which, notwithstanding the fact that he has been medically discharged from such an inst itution as specified by the Minister in the Gazette, he becomes a resident of any other state financed institution. Leprosy Assistance.

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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.