Social Security Act (Cap. 318)
Social Security Act (Cap. 318), article 97
97. (1) It shall be a condition of any person’s right to any
benefit, pension, allowance, injury grant or assistance granted
under the provisions of this Act that -
(a) he makes a claim therefor o n the official form of the
Department for that benefit, pension, allowance, injury
grant or assistance or in such other manner as the
Director may otherwise determine in respect of any
particular benefit, pension, allowance, injury grant or
assistance or with respect t o any particular claim, and
that this claim is officiall y received by the Department
within the respective time limits laid down in sub-
article (2);
(b) he produces such certificates, documents, information
and evidence for the purpos e of determining his right
to such benefit, pension, allowance, injury grant or
assistance as the Director may, from time to time,
require and for that purpose attends at such office or
place as the Direct or may appoint.
SOCIAL SECURITY [CAP. 318. 99
(2) The time limits referre d to in sub-article (1)( a) shall be as
follows:
(a) in the case of Sickness Benefit and Injury Benefit, ten
days starting from the first day of incapacity for work,
and in the case of an injury grant/injury pension that
may be payable as a consequence of the after effects of
an injury, within a month of the diagnosis of such after
effects;
(b) in the case of Unemployment Benefit or Special
Unemployment Benefit, So cial Assistance, Medical
Assistance, an Age Pension, an Increased Severe
Disability Assistance, Severe Disability Assistance,
Disability Assistance, an Assistance for the Visually
Impaired, a Carer’s Allo wance, Increased Carer’s
Allowance, a Pension in respect of Invalidity or a
Supplementary Allowance, five days starting from the
day in respect of whic h the claim is made;
(c) in the case of a Marriage Gr ant, a Maternity Benefit, a
Children’s Allowance, a Disabled Child Allowance or
a Pension in respect of Retirement or Widowhood, six
months starting from -
(i) the day on which the child is born, in respect of
a Maternity Benefit, a Ch ildren’s Allowance and
a Disabled Child Allowance;
(ii) the day on which the person concerned reaches
his retirement, in the case of a Pension in respect
of Retirement;
(iii) the day on which the female concerned becomes
a widow, in the case of a Pension in respect of
Widowhood; and
(iv) the day of marriage, in the case of a Marriage
Grant:
Provided that if no claim is made for any of the aforesaid
benefits, pensions, allowances or assistance within the aforesa id
time limits, entitlement to such benefits, pensions, allowances and
assistance shall only accrue as from the date on which the rele vant
claim is accepted by the Director as having been officially rec eived
by the Department; sohowever that in the case of a Marriage Gra nt
or Maternity Benefit no entitlement to such benefit shall accru e
after the lapse of the perio d referred to in paragraph ( c):
Provided further that -
(i) for the purposes of this sub-article any such
claim as aforesaid in this sub-article shall not be
accepted as having been officially received by
the Department unless and until it bears such
official departmental stamp as may be
determined by the Director, which stamp shall
include the date on which such a claim had been
so officially received by the Department; and
(ii) where the person making a claim for such
100 CAP. 318.] SOCIAL SECURITY
benefit, pension, allowance or assistance as
aforesaid proves to th e satisfaction of the
Director that any delay in having his claim
officially received by the Department was not
du e to a ny ne g l i ge n c e on hi s pa r t , th e Di r e c to r
may, at his discretion, consider the claim as
having been officially received in good time,
either -
(a) if such a delay does not exceed a period of
one hundred and four weeks, or
(b) in the case of a Disabled Child Allowance if
the delay was due in the time taken to
process conclusive medical evidence of
such disability, or
(c) in the case of a Children’s Allowance, if
such allowance was in payment prior to the
first Saturday of July, 1996, and the
Director is satisfied tha t the beneficiary had
not been requested to submit a declaration
in accordance with the provisions of Part
VII of the Second Schedule to this Act.
(3) Where at any time prior to the 23rd February, 1990, any
person submitted to the Director a claim for Children’s Allowan ce
or Special Allowance under this Act and, for whatever reason su ch
allowance remained unpaid or suspended by the date aforesaid in
this sub-article, such person may notwithstanding that such per son
had failed to appeal to the Umpire appointed under this Act or to
take any other action competent to him at law, submit a fresh c laim
to the Director for such allowance by not later than 30th April ,
1990. The provisions of article 98(4) shall apply to the claim which
has given rise to such fresh claim, and if no such fresh claim is so
submitted as aforesaid, such all owance shall not be payable und er
this Act in relation to any period prior to the 23rd February, 1990:
Provided that the foregoing provisions of this sub-article
shall not apply in the case of a claim for Children’s Allowance
made in respect of a child born on or after the 23rd August, 19 89,
or, in the case of a claim for S pecial Allowance, made in respe ct of
a person who has reached his sixt eenth birthday on or after the 23rd
August, 1989; but in any such cases the provisions of article 9 8(4)
shall nonetheless apply:
Provided further that, the foregoing provisions of this sub-
article shall also apply to clai ms which were or iginally lodged
between the 23rd February, 1990 and the 19th April, 1990 in
respect of periods prior to the 23rd February, 1990.
(4) Unless otherwise stated in the relative provisions of this
Act, where a person is in any way disqualified from receiving
benefit, pension, allowance or assistance under this Act, he sh all
not again become entitled to such benefit, pension, allowance o r
assistance under and in accordance with the provisions of this Act
unless he makes a fresh claim th erefor in terms of the foregoin g
provisions of this article and fo r this purpose, the respective time
SOCIAL SECURITY [CAP. 318. 101
limits laid down in sub-article (2) shall, in each and every ca se,
take effect as from the date on which such disqualification as
aforesaid in this article ceases.
Payments.
Amended by:
XIV . 1988.12;
XVI. 1989.18;
XVI. 1990.41;
XIII. 1991.39;
VIII. 1992.36.
Re-numbered by:
XXIV . 1993.2.
Amended by:
XXV . 1994.2;
XXI. 1996.48;
XI. 2000.17;
II. 2002.74;
XXXII. 2007.65;
I. 2012.11;
XV . 2016.60.
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.