Social Security Act (Cap. 318)

Social Security Act (Cap. 318), article 90

Official PDF on legislation.mt

90. Unless specifically provided or otherwise implied in this Act in respect of Social Assistance, an Age Pension, a Carer’s Allowance and an Increased Carer ’s Allowance payable under this Act', where a person would be entitled, but for this article, t o two pensions, allowances, benefits o r assistance at the same time h e shall not be entitled to both, but shall be entitled to that pe nsion, allowance, benefit or assistance which is more advantageous or which is payable at a higher rate: Provided that - (a) the provisions of this article shall not apply in the case of Marriage Grant, Orphan’s Allowance, Children’s Allowance, Care allowan ce, Maternity Benefit, Medical Assistance, Supplementary Allowance, Injury Grant or Injury Pension, Bonus or Additional Bonus payable under this Act; (b) a person shall be entitled t o receive two or more injury p e n s i o n s a t t h e s a m e t i m e i n s o f a r a s t h e s u m o f t h e weekly rates of these pensions does not exceed the rate of pension to which he would be entitled in respect of loss of faculty which was assessed at 90% or more; (c) with effect from the 1st July, 1989, a person over the age of sixty years who is or could be barred from receiving an Age Pension under this Act because of the provisions of article 66( b)(ii) shall not be deemed to qualify for an Assistance in terms of article 27 unless such person can prove to the satisfaction of the Director that he had been suffering from a mental severe subnormality or from cerebral palsy or that he SOCIAL SECURITY [CAP. 318. 93 had been a severely disabled person or that he had been a visually impaired person in terms of this Act prior to reaching his sixtieth birthday; (d) with effect from 1st January 2025, in the case of a person eligible for the payment of a pension in respect of retirement under the provisions of Part V and immediately before his retir ement was in receipt of an assistance under the provisions of article 27 or an Injury Pension in accordance with the provisions of article 29, the retirement pension shall be increased up to the National Minimum Wage, provided that the increase is not less than 10% of the rate of the Assistance or Injury Pension paid to the person under the provisions of articles 27 and 29 prior to retirement: Provided further that, with effect from the 5th January 2008, where in a calendar year a head of household becomes entitled t o Children’s Allowance in terms of this Act, such head of househo ld shall not be entitled to more than one rate of Children’s Allow ance for the same period. Increases in pensions and Social Assistance rates as a result of cost-of-living increases awarded in wages generally. Added by: XXV . 1994.27. Amended by: XXVII. 1995.12; XXXIX. 2015.8. Cap. 452. Amended by: VII.2018.43; VII.2022.39.

Have a question about the law?

The assistant answers from the same library and names the article it relies on.

Ask Margos AI →

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.