Social Security Act (Cap. 318)

Social Security Act (Cap. 318), article 27

Official PDF on legislation.mt

27. (1) Save as provided for in article 96 and subject to the other provisions of this Act, a person who - (a) has attained the age of sixteen years; and (b) is certified to be suffering from a mental severe subnormality or to be a severely disabled person in accordance with the provisi ons of this Act, or to be suffering from cerebral palsy; and (c) shows to the satisfaction of the Director that he is a citizen of Malta and normally resides in Malta, shall be entitled to a Severe Disability Assistance under this Act and the highest rate of which, including any increases in terms of the provisions of article 90, shall be such in accordance with Part III of the Sixth Schedule and with the provisions of sub-article (5). (2) Subject to the provisions of this Act, a visually impaired person who - (a) has attained the age of fourteen years; and (b) produces such certificates regarding his visual impairment, as the Director may, in particular cases, require; and (c) shows to the satisfaction of the Director that he is a citizen of Malta and normally resides in Malta, shall be entitled to an Assistan ce for the Visually Impaired un der this Act in accordance with Part III of the Sixth Schedule and and w ith the provisions of sub-article (5). (3) Save as provided for in article 96 and subject to the other provisions of this Act, a person who - (a) has attained the age of sixteen years; and (b) is certified to be suffering from a mental severe sub- normality or to be a sev erely disabled person in accordance with the provisi ons of this Act, or to be suffering from cerebral palsy and absolutely cannot work; and (c) satisfies the Barthel Index score 0 - 4, after the SOCIAL SECURITY [CAP. 318. 41 Director will have acted i n accordance with the advice given by the multi-disciplinary panel appointedunder article 106(f): Provided that, notwithstanding the provisions of this paragraph (c), with effect from 1st January 2018, a person who satisfies the Barthel Index score 0 - 8, after the Director will have act ed in accordance with the advice given by the multi-disciplinary panel appointed under article 106(f): or S.L. 318.21. Provided that the person achieves a score of fourteen (14) or more in accordance with Table 10 of the Impairment Tables Regulations , after the Director will have acted in accordan ce with the advice given by the multi-disciplinary panel appointed under article 106(f): or Provided further that, notwithstanding the provisions of this paragraph (c), with effect from 1st January 2021, a person who satisfies the Barthel Index score 0 - 9, after the Director sha ll have acted in accordance with the advice given by the multi-disciplinary panel appointed under article 106(f): or S.L. 318.21. Provided further that, with effect from 1st January 2021, if the person achieves a score of thirteen (13) or more in accordance with Table 10 of the Impairment Tables Regulations , after the Director shall have acted in accordance with the advice given by the multi- disciplinary panel appointed under article 106(f); and (d) shows to the satisfaction of the Director that he is a citizen of Malta and normally resides in Malta, shall be entitled to an Increas ed Severe Disability Assistance under this Act in accordance with Part III of the Sixth Schedul e. (4) Save as provided for in article 96 and subject to the other provisions of this A ct, a person who - (a) has attained the age of sixteen years; and (b) is certified to be suffering from a permanent total paralysis or permanent total severe malfunction or permanent total disease, whether through amputation or otherwise of one of the upper or lower limbs; or (c) is certified to be totally and permanently mute or permanently deaf to a degree of no less than seventy (70) decibels; and (d) shows to the satisfaction of the Director that he is a citizen of Malta and normally resides in Malta, shall be entitled to a Disability Assistance under this Act in accordance with Part III of the Sixth Schedule and with the provisions of sub-article (5). (5) ( a) The rate of assistance of a person who becomes entitled to such under sub-articles (1) or (2) or (4) shall be such weekly amount as will bring the total weekly means of the person with the 42 CAP. 318.] SOCIAL SECURITY disability, calculated in accord ance with Part V of the Second Schedule, up to the scale rate applicable to that person, as determined by Part III of the Sixth Schedule. (b) Saving the provisions of article 96 and of the second proviso to paragraph 4 of Part V of the Second Schedule, where a married person and the spouse both qualify for an assistance under the provisions of this a r t i c l e o r o f a r t i c l e 6 6 , a n y s u c h a s s i s t a n c e a s i s payable to one of the spouses shall cease to be payable. (c) With effect from the 1st January 2005, where a married person qualifies for an assistance under the provisions of this article, the applicable rate shall be that payable in accordance wi th Part III of the Sixth Schedule. (d) With effect from the 1st January 2016, when a person who qualifies for an assistance under sub-articles (1) and (2) reaches the age of sixty years, the applicable weekly rate shall be that indicated in Part II of the Sixth Schedule. Injury Benefit. Amended by: II. 1999.8; III. 2005.6; XII.2023.26. XXXIII.2024. First Schedule.

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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.