Social Security Act (Cap. 318), article 69

69. (1) Any person who has the care of a child of another person shall, if both parents of the child are dead and at leas t one of the parents was an insured perso n and a citizen of Malta at the time of his death, be entitled to an O rphan’s Allowance in accordanc e with Part IV of the Third Schedule to this Act, in respect of e ach such child. (2) Any person who has the care of the son or daughter of another person shall, if both parents of the said son or daught er are dead and at least one of the parents was an insured person and a citizen of Malta at the time of his death, be entitled to an Or phan’s Supplementary Allowance in acco rdance with Part V of the Third Schedule to this Act, in respect of each such son or daughter i f such son or daughter is - (a) aged between 16 years and 21 years; and SOCIAL SECURITY [CAP. 318. 79 Cap. 452. (b) not following any gainful occupation the gross earnings of which exceed a w eekly average equivalent to the difference between the equivalent of the national minimum wage as is applicable to persons of 18 years o f a g e o r o v e r e s t a b l i s h e d by a National Standard Order issued under the Employment and Industrial Relations Act during the period in respect of which such Orphan’s Supplementary Allowance is due and the aforesaid weekly rate of Orphan’s Supplementary Allowance. (3) Where the gross earnings referred to in sub-article (2) exceed the weekly average referred to in paragraph ( b) of the said sub-article (2), the weekly rate of the Orphan’s Supplementary Allowance referred to in the said sub-article (2) shall be abat ed by such an amount as shall ensure t hat the total of such average weekly gross earnings and any Orphan’s Supplementary Allowance payable under this article do not exceed the equivalent of the aforesaid national minimum wage , sohowever that with effect fro m 1st January 2018, the provisions of sub-article (3) shall cease to be applicable. (4) Where a person is in receipt of an Orphan’s Allowance payable under sub-article (1), su ch person shall also be entitl ed to receive the allowance which is payable in terms of article 76 i n respect of the same child, as long as he is entitled to such al lowance in terms of the articles aforesaid. (5) For the purposes of this article, the provisions of article 80(2) (excluding its proviso) and of articles 81 and 83 shall a pply mutatis mutandis. Marriage Grant. Amended by: XVI.1990. 33; VIII.1992.27. Re-numbered by: XXIV . 1993.2. Amended by: XXVII.1995.8; XXI.1996.28.