Social Security Act (Cap. 318)

Social Security Act (Cap. 318), article 29

Official PDF on legislation.mt

29. (1) Where the accident or industrial disease, as is referred to in article 28, results in the permanent loss of physical or mental faculty, the person concerned sh all be entitled to Injury Grant or Injury Pension in acco rdance with the follo wing sub-articles of this article: Provided that a person shall not be entitled to receive an Injury Grant or Injury Benefit u nder this article and Injury Be nefit under article 28 at the same time: Provided further that for the purposes of this article there shall be deemed not to be any loss of faculty at any time when the extent of the resulting bodily or mental impairment would be assessed in accordance with the f ollowing provisions of this ar ticle at less than 1%. (2) In assessing the extent of the bodily or mental impairment aforesaid in this article, the medical panel or the medical off icer appointed by the Minist er for this purpose, from time to time, shall take account of all such bodily or mental impairments (whether or not involving loss of earning power or additional expense) to w hich the claimant may be expected to be subject as compared with a person of the same age whose physical and mental condition is normal, but excluding any other particular circumstances with regard to his financial means or resources. (3) An assessment shall state th e degree of bodily or mental impairment in the form of a percentage which shall be determine d by the aforesaid medical panel o r the medical officer, and wher e the extent of such bodily or mental i mpairment is assessed at less than 20%, the insured person concerned shall be entitled to Injury G rant in accordance with Part II of the Third Schedule to this Act, a nd where the extent of such bodily o r mental impairment is assesse d at 20% or more, but not exceeding 89%, the insured person concerne d shall be entitled to Injury Pens ion, the highest rate of which shall be paid in accordance with Part III of the said Third Schedule to this Act; sohowever that, for any extent of such bodily or ment al impairment between 20% and 89% the rate of pension payable shal l be calculated in a proportionate manner, to the nearest whole c ent, as the degree of such bodily or me ntal impairment bears to 89%: Provided that with effect from 6th January, 2015 persons certified to be suffering from mesothelioma in accordance with the SOCIAL SECURITY [CAP. 318. 45 provisions of the Fourth Schedule and who have reached pensiona ble age or are in receipt of a pension by virtue of article 26, are entitled to a Disablement Grant in accordance with the highest percentage deg ree of disability according to the provisions of Part II of the Third Schedule. (4) Where the degree of bodily or mental impairment as is referred to in sub-article (3) is assessed at 90% or more the p erson concerned shall neither be entitle d to an Injury Grant nor to a n Injury Pension but shall instead be automatically entitled to t he full rate of Invalidity Pension or Increased Invalidity Pension or National Minimum Pension, as th e case may be, in accordance wit h the Twelfth Schedule to this Act. (5) A person shall be disqualified from receiving any pension under this article for any period as may be deemed fit in the circumstances of the case by the Director for the same reason indicated in article 18(6)( a) and (b). Unemployment Benefit, Special Unemployment Benefit and Social Assistance. Amended by: XVI. 1989.7; XVI. 1990.10; XIII. 1991.11; VIII. 1992.10; XXIV . 1993.5; XXV . 1994.2,8; XXVII. 1995.4; XXI. 1996.14; II. 2002.64; II. 2004.21; III. 2005.7; XIII. 2005.32; XIX. 2006.5; II. 2009.23; I. 2012.4; L.N. 218 of 2012; XII. 2014.35; XIII. 2015.84; XV . 2016.51. Cap. 594; XVI. 2017.29; VII. 2018.37; VII. 2019.32; XII.2023.27; IX.2025.23.

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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.