Social Security Act (Cap. 318)
Social Security Act (Cap. 318), article 90
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.
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.