Social Security Act (Cap. 318), article 68

68. (1) (a) Subject to the provisions of this Act, a single person o r a married person or a person who proves to the satisfaction of the Director, by providing the necessary documentation, that they h ave been cohabiting in similar circu mstances to marriage, civil uni on or registered cohabitation for at least ten (10) years immediately prior to the application and that such co habitation was not registered d ue to pending legal proceedings who has not yet reached pension age i n accordance with the provisions of this Act and who proves to th e satisfaction of the Director th at he is a citizen of Malta or o f the European Union and is regularly residing in Malta, shall be ent itled to a Carer’s Allowance in accordanc e with sub-article (2)(a), if s uch person proves to the satisfaction of the Director that he is ta king care, all by himself, on a full-time basis and regularly of his spous e or parent, brother, sister, grandparent, uncle, aunt, father or mo ther-in- law, or brother or sister-in-law and who is living in the same household as that of such person. (b) Subject to the provisions of this Act, a single or a married person or a person who proves to the satisfaction of the Director, by providing the necessary documentation, that they have been cohabiting in similar circumstances to marriage, civil union or registered cohabitation for at least ten (10) years immediately prior to the application and that such cohabitation was not registered due to pending legal proceedings who has not yet reached pension age in accordance with the provisions of this Act and who proves to the 76 CAP. 318.] SOCIAL SECURITY satisfaction of the Director t hat he is a citizen of Malta or of the European Union and is regularly residing in Malta, shall be entitled to an Increased Carer’s Allowance in accordance with sub-article (2)(b), if such person proves to the satisfaction of the Director that he is taking care, all by himself, on a full-time basis and regularly of his spouse or parent, brother, sister, grandparent, uncle, aunt, father or mother-in- law, or brother or sister-in -law and who is living in the same household as that of such person. (c) Subject to the provisions of this Act, with effect from 1st January 2021, a single or a married person who has reached pension age and not in receipt of a pension, benefit, assistance or allowance under the provisions of this Act, and certified medically fit and who proves to the satisfaction of the Director that he is a citizen of Malta or of the European Union and is regularly residing in Malta, shall be entitled to a Carer’s Allowance or an Increased Carer’s Allowance in accordance with paragraphs (a) and (b) of sub-article (2), if such person proves to the satisfaction of the Director that he is taking care, all by himself, on a full- time basis and regularly of his parent, brother, sister, grandparent, uncle, aunt, fa ther or mother-in-law, or brother or sister-in-law and who is living in the same household as that of such person. (d) Subject to the provisions of this Act, with effect from 1st January 2021, a parent who is not in employment or self- occupation and has not yet reached pensionable age and who proves to the satisfaction of the Director that he is a citizen of Malta or of the European Union and is regularly residing in Malta, shall be entitled to a Carer’s Grant of three hundred euro (€300) annually, if such parent proves to the satisfaction of the Director that he is taking care, all by himself, on a full-time basis and regularly of a child in receipt of an Increased Severe Disability Assistance under t he provisions of this Act; (e) Subject to the provisions of this Act, with effect from 1st January 2022, a parent who is not in employment or self- occupation and has not yet reached pensionable age and who proves to the satisfaction of the Director that he is a citizen of Malta or of country of the European Union and is regularly residing in Malta, shall be entitled to a Carer’s Grant of five hundred euro (€500) annually, if such parent proves to the satisfaction of the Director that he is taking care, all by himself, on a full-time basis and regularly of a child in receipt of an Increased Severe Disability Assistance under the provisions of this Act. (f) Subject to the provisions of this Act, with effect from 1st January 2023, a parent who is not in employment or self- occupation and has not yet reached pensionable age and who proves to the satisfaction of the Director that he is a SOCIAL SECURITY [CAP. 318. 77 citizen of Malta or of a country of the European Union and is permanently residing in Malta, shall be entitled to a Carer’s Grant equivalent t o fifty percent (50%) of the net National Minimum Wage annually, where such parent proves to the satisfaction of t he Director that he is taking care, all by himself, on a fu ll-time basis and regularly of a child who is in receipt of or children who are in receipt of the Increased Severe Disab ility Assistance, under the provisions of this Act. (g) Subject to the provisions of this Act, with effect from 1st January 2025, a parent who is unemployed or self- occupied and has not yet reached pensionable age and who proves to the satisfaction of the Director that he is a citizen of Malta or of a country of the European Union and is permanently residing in Malta, shall be entitled to a Carer’s Grant equivalent t o fifty percent (50%) of the net National Minimum Wage annually, where such parent proves to the satisfaction of t he Director that he is taking care by himself, on a full-time basis and regularly of a child or children who are in receipt of the Disabled Child Allowance and the result of the evaluation based on the model of the World Health Organisation International Classification of Functioning, Disability, and Health (ICF), in claims further to the provisions of article 77, is equal to, or exceeds seventy-five percent (75%) in accordance with the provisions of the Fifteenth Schedule. (2) A person becomes entitled to - (a) a Carer’s Allowance, as specified in Part IV of the Sixth Schedule and according to the points referred to in sub-article (3)(i) after the Director will have acted on the advice given by the multi- disciplinary panel appointed under article 106( f); (b) an Increased Carer’s Allowance, as specified in Part IV of the Sixth Schedule and according to the points referred to in sub-article (3)(ii) after the Director will have acted in accordance with the advice given by the multi-disciplinary panel appointed under article 106(f): Provided further to this sub-paragraph (b) and without prejudice to the provisions of article 90, with effect from 1st January 2018, where a person is in receipt of Social Assistance in accordance with the provisions of article 30, and ceases to be so entitled due to becoming entitled to an Increased Carer’s Allowance, such person shall be entitled for the weekly payment of an additional €8.15 for every other member of household as Social Assistance: Provided further and without prejudice to the provisions of article 90, with effect from 1st January 2023, where a person is in receipt of 78 CAP. 318.] SOCIAL SECURITY Social Assistance in accordance with the provisions of article 30, and ceases to be so entitled due to becoming entitled to a Carer’s Allowance because he goes to live with any one (1) of the persons mentioned in sub-article 1(b) to care for said person, such person shall still be entitled to the payment of the difference in rate between the Social Assistance which he was receiving and the Carers Allowance which he becomes entitled to receive, if the rate of the Carers Allowance is lower: Provided that such a pers on shall be entitled to a Carers Allowance or the Increased Carers Allowance equivalent to one hundred and fifty percent (150%) of the highe st rate that such person is entitled to as specified in Part IV of the Sixth Schedule, in accordance with the provisions of sub-articles (1)(a) and (b), if such person is taking care by himself, on a full-time basis and regularly of more than one relative. (3) The Allowance referred to in sub-article (2) shall be paid in the following manner: (i) Carer’s Allowance Barthel Index 9 - 12 (Medium Dependency) Mini-Mental State Examination 10 - 19 (Medium Weakening) (ii) Increased Carer’s Allowance Barthel Index 0 - 8 (High Dependency) Mini-Mental State Examination 0 - 9 (High Weakening). Orphan’s Allowance and Orphan’s Supplementary Allowance. Amended by: XVI. 1990.32; XIII. 1991.33; VIII. 1992.26. Re-numbered by: XXIV . 1993.2. Amended by: XXIV . 1993.11; XXV . 1994.15; XXVII. 1995.7; XXI. 1996.27; VII.2018.41.