Social Security Act (Cap. 318)
Social Security Act (Cap. 318), article 96
96. (1) Subject to the provisions o f sub-article (2), a married
person who is in receipt of a pension payable at the married ra te
under the provisions of articles 27 and 66 shall have such pens ion
and any Bonus and, or, Additional Bonus payable to him/her unde r
article 85 apportioned equa lly between both spouses -
(a) where either one of the spouses requests the Director
that such half pension and/or half Bonus and, or, half
Additional Bonus be paid direct to the other spouse; or
(b) where the spouses are de jure separated and no
m e n t i o n i s m a d e i n t h e j u d g m e n t o r c o n t r a c t o f
separation with regard to the apportionment or
otherwise of such pension and, or, Bonus and, or,
Additional Bonus:
Provided that such apportionment shall only take effect
from the date when the next payment of such pension and, or,
Bonus and, or, Additional Bonus is due following a written request
to this effect from any one of the two parties concerned.
(2) The provisions of sub-article (1) shall not apply where
either one of the spouses is alr eady in receipt of any pension and,
or, Bonus and, or, Additional Bonus under this Act in his/her o wn
right or where such pension as i s referred to in the said sub-a rticle
(1) is being paid in addition to any other pension payable unde r this
Act.
(3) Where by any court judgment or as a result of any lawful
agreement between a married coup le any pension payable under th e
provisions of this Act is being paid wholly or partly to the sp ouse
of the pensioner, the Bonus and the Additional Bonus payable
under article 85 shall be paid wholly to the pensioner unless t here is
a court judgment to the contrary or unless the married couple
otherwise agree.
Time and manner
of making claims.
Amended by:
XIV . 1988.11;
XVI. 1990.40;
XIII. 1991.38;
VIII. 1992.35.
Re-numbered by:
XXIV . 1993.2.
Amended by:
XXV . 1994.2;
XXI. 1996.47;
II. 1999.15;
II. 2002.29;
XXXII. 2007.64;
XVI. 2017. 35.
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.