Social Security Act (Cap. 318)
Social Security Act (Cap. 318), article 29
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.
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.