Social Security Act (Cap. 318), article 85

85. (1) Save as provided for in article 96 and subject to the other provisions of this Act, a person who, on any day between January and June or between July and December is entitled to receive any pension (excluding an Injury Pension, where this is being paid to a person who is in insurable employment or self- occupied), Orphan’s Allowance, Orphan’s Supplementary Allowance, Leprosy Assistance or Social Assistance (other than that payable by way of an allowance under the provisions of art icle 30(9), but including that payable under the provisions of artic le 30(10)) in accordance with the provisions of this Act, shall be entitled to receive a bonus. Such bonus shall consist of a sum of €135.10 paid every six months in Jun e and December of each year : Provided that notwithstanding any other provisions of this Act, such person shall only be entitled to receive one bonus at the same time. (2) Save as provided for in article 96 and subject to the other provisions of this Act, a person who becomes entitled to any pension, assistance or allowance as is referred to in sub-artic le (1), shall also be entitled to receive an Additional Bonus every fou r weeks at the rate of €3.12 per week over and above the bonuses to which he is entitled by vi rtue of this article: Provided that notwithstanding any other provisions of this Act, such person shall only be e ntitled to receive one Addition al Bonus at the same time: Provided further that such Additional Bonus shall only remain payable until such time a s any such pension, assistance or allowance as is referred to in t he said sub-arti cle (1) is paya ble. (3) Save as provided for in article 96 and subject to the other provisions of this Act, a pers on who is entitled to receive any pension (excluding an Injury Pension where this is being paid t o a person who is in insurable employment or who is self-occupied), shall also be entitled to receive a Cost of Living Bonus. Such bonus shall be payable at the rate specified in Part J of the Twelfth Schedule over and above the bonuses to which such person may be entitled to by virtue of this article: Provided that, notwithstanding any other provisions of this Act, such person shall only be entitled to receive one Cost of Living Bonus at the same time for any pension payable under thi s Act: Provided further that where a pension is being paid under an agreement in terms of article 134, the Cost of Living Bonus shall be paid pro rata as applicable to the assessment of the pension rate under such agreement. (4) With effect from 1st January, 2015, residing in Malta or an EU member State persons who have reached pension age according to article 2, but have not yet reached the age of 75, who have ret ired from employment and are not in receipt of a Contributory Pension, bu t have paid between 50 and 259 social security contributions will be p aid the sum of €100 per year whereas persons who paid more than 260 soc ial security contributions will receive a payment of €200 per year. 88 CAP. 318.] SOCIAL SECURITY (5) Notwithstanding the provisions of sub-article (4), with eff ect from January 2017, the rate due to persons who have reached pen sion age according to the definition ''pension age'' in article 2, b ut have not yet reached the age of 75, who h ave retired from employment and are not in receipt of a Contributory Pension, but have paid between 50 and 259 social security contributions shall be €150 per year wherea s the rate due to persons who have reached pension age according to t he definition ''pension age'' in article 2, but have not yet reach ed the age of 75, who have retired from em ployment and are not in receipt of a Contributory Pension, but have paid more than 260 social securi ty contributions shall be €250 per year. Added by: VII.2019.35. (6) Notwithstanding the provisions of sub-articles (4) and (5), with effect from 1st January 2019, the rate due to persons who have reached pension age according to the definition ''pension age'' in arti cle 2, but have not yet reached the age of seventy-five (75), who have retired from employment and are not entitled to a Contributory Pension, but have paid between fifty (50) and two hundred and fifty-nine (259) so cial security contributions shall be two hundred euro (€200) per yea r whereas the rate due to persons who have reached pension age according to the definition ''pension age'' in article 2, but have not ye t reached the age of seventy-five (75), who have retired from employment and are not entitled to a Contributory Pension, but have paid more than two hundred and sixty (260) social security contributions shall be three hu ndred euro (€300) per year: Notwithstanding the provisions of sub-article (6), with effect from 1st January 2020, the rate due as provided for in sub-article ( 6) shall not cease to be paid even when the person reaches the age of se venty- five (75) years. (7) Notwithstanding the provision s of sub-articles (4), (5) and (6), with effect from 1st January 2021, the rate due to persons who have reached pension age according to the definition ''pension age'' in article 2, who have retired from employment and are not entitled to a Contributory Pension, but have paid between fifty (50) and two- hundred and fifty-nine (259) social security contributions shall be two- hundred and fifty euro (€250) per year, whereas the rate due to persons who have reached pension age according to the definition ''pens ion age'' in article 2, who have retired from employment and are no t entitled to a Contributory Pension, but have paid more than two - hundred and sixty (260) social security contributions shall be three- hundred and fifty euro (€350) per year: Notwithstanding the provisions of sub-article (6), with effect from 1st January 2020, the rate due as provided for in sub-arti cle (6) shall not cease to be paid even when the person reaches the age of seventy-five (75) years. (8) Notwithstanding the provision s of sub-articles (4), (5), (6 ) and (7), with effect from 1st January 2022, the rate due to persons who have reached pension age according to the definition ''pension age'' in article 2, who have retired from employment and are not entitle d to a Contributory Pension, but have paid between fifty (50) and two- SOCIAL SECURITY [CAP. 318. 89 hundred and fifty-nine (259) socia l security contributions shal l be four hundred euro (€400) per year, wh ereas the rate due to persons w ho have reached pension age accordin g to the definition ''pension age'' in article 2, who have retired from employment and are not entitle d to a Contributory Pension, but have paid at least two-hundred and si xty (260) social security contributions shall be five hundred euro (€500) per year. (8A) Notwithstanding the provisions of sub-articles (4), (5), (6), (7) and (8), with effect from 1st January 2023, the rate due to per sons who have reached pension age accordin g to the definition ''pension age'' in article 2, who have retired from employment and who shall not b e entitled to a Contributory Pension, and however have paid betwe en fifty (50) and two hundred and fifty-nine (259) social security contributions shall be four hundred and fifty euro (€450) per y ear, whereas the rate due to persons who have reached pension age according to the definition ''pension age'' in article 2, who h ave retired from employment and who shall not be entitled to a Contributory Pension, and however have paid at least two hundred and sixty (260) social security contributions shall be five hundred and fifty e uro (€550) per year. (8B) Notwithstanding the provi sions of sub-articles (4), (5), (6), (7), (8) and (8A), with effect from 1st January 2024, the rate due to persons who have reached pensio n age according to the definitio n ''pension age'' in article 2, who have retired from employment and are not entitled to a Contributory Pension, but have paid between f ifty (50) and two-hundred and fifty-nine (259) social security contributi ons shall be five hundred euro (€500) per year, whereas the rate du e to persons who have reached pensio n age according to the definitio n ''pension age'' in article 2, who have retired from employment and are not entitled to a Contributory Pension, but have paid at least two- hundred and sixty (260) social security contributions shall be six hundred euro ( €600) per year. (8C) Notwithstanding the provisions of sub-articles (4), (5), ( 6), (7), (8), (8A) and (8B), with effect from 1st January 2025, the rates due to persons who have reached pension age according to the definition "pension age'' in article 2, who have retired from employment and are not entitled to a Contributory Pension, but have paid between fifty (50) and five-hundred and nineteen (519) soc ial security contributions shall be the rates explained in Item M o f the Twelfth Schedule. (9) Subject to the provisions of this Act, with effect from 1 st January 2020, it shall be the right of a parent to be paid a on e-time child birth or adoption bonus of three hundred euro (€300) upon the birth of a child or in the case of an adoption for such births or adoptions registered with the Malta Public Registry: Provided that, subject to the provisions of this Act, with effect from 1st January 2022, it shall be the right of a parent to be paid a one-time child birth or adoption bonus of four hundred euro ( €400) 90 CAP. 318.] SOCIAL SECURITY upon the birth of a child or in the case of an adoption, for su ch births or adoptions registered with t he Malta Public Registry: Provided further that, subject to the provisions of this Act, with effect from 1st January 2024, it shall be the right of a p arent to be paid a one-time child birth or adoption bonus of five hundred e uro (€500) upon the birth of a child or in the case of an adoption, for such births or adoptions registered w ith the Malta Public Registry, and a one-time bonus of one thousand euro (€1,000) for every subseque nt birth or adopted children that p arent has and who are registere d with the Malta Public Registry: Provided further that subject to the provisions of this Act, with effect from 1st January 2025, it shall be the right of a p arent to be paid a one-time child birth or adoption bonus of five hundred e uro (€500) upon the birth of a child or in the case of an adoption, or for such births or adoptions registered with the Public Registry, a one-time bonus of one thousand euro (€1,00 0) for the second birth or ado ption registered with the Public Registry, and a one-time bonus of on e thousand and five hundred euro (€1,500) for every subsequent bi rth or adopted children that parent has and who are registered with th e Public Registry: Provided further that subject to the provisions of this Act, with effect from 1st January 2026, it shall be the right of a p arent to be paid a one-time child birth or adoption bonus of one thousand e uro (€1,000) upon the registration in t he Public Registry of the bi rth of the first child or an adoption, a one-time bonus of one thousand an d five hundred euro (€1,500) for the second birth or subsequent adopti on registered at the Public Registry, and a one-time bonus of two thousand euro (€2,000) for every subsequent birth or the adopti on of subsequent children of that pare nt registered at the Public Reg istry: Provided further that, any claim for child birth or adoption bonus shall not be accepted by the Director unless it is made b y a citizen of Malta or of the European Union or by a person marrie d to a citizen of Malta, provided that the parent has been an ordinari ly resident of Malta for a period o f at least ten (10) years immed iately prior to the claim. Abatement of Bonus and Additional Bonus. Re-numbered by: XXIV . 1993.2. Amended by: XXV . 1994.22; I. 2012.8. Cap. 452. S.L. 452.62