Social Security Act (Cap. 318)
Social Security Act (Cap. 318), article 82
82. (1) An allowance due under the provisions of articles 76,
76A and 79 shall be paid to the spouse, if any, of the head of
household, unless the head of household proves to the satisfaction
of the Director that, in the interest of the child or person in respect
of whom the allowance is payable , such payment is to be made to
him.
(2) For the purposes of this artic le and of article 80, "spouse"
shall include such person who, in the opinion of the Director, is
living with the head of household as if such person were the la wful
SOCIAL SECURITY [CAP. 318. 85
spouse, provided such person is the mother or father, as the ca se may
be, of the child or person in respect of whom the allowance is
payable.
(3) Where, however, the husband and wife are separated de jure
or de facto , or where the person is not the lawful wedded spouse but is
being treated as such in terms of sub-article (2), if such spou se is
living apart from the head of household the allowances due unde r
articles 76 and 79 in respect of all their children shall not b e taken
together as if they were living in one household but shall be
assessed separately according to the eligibility rights and the yearly
means of each respectiv e head of household who has their effect ive
care and custody as provided for in articles 76 and 79.
Head of household
to have custody of
child.
Re-numbered by:
XXIV . 1993.2.
Amended by:
XXI.1996.40;
II. 2002.71.
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.