Social Security Act (Cap. 318)
Social Security Act (Cap. 318), article 98
98. (1) Where any person is entitled to any pension, benefit,
allowance or assistance under thi s Act, payment shall be made -
(a) at the Department or at such other place or in such
manner as the Director may from time to time
determine; and
(b) in the case of -
(i) a Marriage Grant, Inj ury Grant or Maternity
Benefit, as soon as possible after the claim has
been determined;
(ii) Sickness, Injury, Unemployment and Special
Unemployment Benefits, o r social assistance in
respect of unemployment, in arrears at such
intervals as the Director may from time to time
determine; sohowever that, where a claim for
Sickness Benefit is made while the person
concerned is temporarily abroad, payment of
such benefit shall be made in arrears in one lump
sum as early as possible after the person returns
to Malta;
(iii) any pension, social or medical assistances, in
advance at such intervals (being intervals not
longer than five weeks) as the Director may
from time to time determine, but whenever the
rates are increased the difference between the
new rates and the old rates may be paid in
advance at intervals not exceeding twenty-six
weeks from the date when the rates are
increased; and
(iv) a Supplementary Allowance, Children’s
Allowances, Care allowance and a Disabled
Child Allowance, in advance at such intervals
(being intervals not longer than fourteen weeks)
as the Director may, from time to time,
determine:
Provided that, subject to the provisions of article
90, with effect from the 5th January 2008, in the
case of the Fixed Children’s Allowance, in advance
at such intervals, being intervals of not longer than
53 weeks, as the Director may from time to time
determine.
(2) Where the day on which a person becomes entitled to a
pension, including Widow’s Benefit, allowance or assistance or
becomes entitled to any of them at a new rate, is not a Saturday,
with effect from the 15th October, 1977, entitlement to such
pension, allowance or assistance and/or its new rate shall,
notwithstanding the foregoing provisions of this Act, accrue only
as from the following Saturday, and, where the day on which a
102 CAP. 318.] SOCIAL SECURITY
person ceases to be entitled to a ny of them, or being so entitl ed,
dies, is not a Friday, payment s hall be made in respect of the whole
week which ends on the following Friday:
Provided that, notwithstanding the provisions of this sub-
article, with effect from the 1s t January 2016, entitlement to a
Pension under Part V shall accrue as from the day following the
day on which a person retires, and entitlement to a Pension und er
Part IV shall accrue as from the d ay following the date of the death
of the spouse who is entitled to a Pension under Part V .
(3) Any payments made in adva nce in accordance with sub-
article (1)( b)(iii) and (iv) shall still be deemed to have been due to
the beneficiary notwithstanding the fact that, during the perio d
falling between the date of such payment and the date on which
such payment expires in terms of sub-article (2), there has bee n a
change in circumstances which would otherwise have adversely
affected the rate of such payment forthwith in terms of the oth er
provisions of this Act.
(4) Notwithstanding any of the provisions of this Act, any
claim for the payment of any benefit, pension, assistance or
allowance under this Act shall not be paid in arrears for a per iod
exceeding six months, as the D irector may determine, if the
assessment or re-assessment or t he continued payment of such a
claim was held back as a result of the non-observance of the
provisions of article 97(1)( b) on the part of the claimant.
(5) Where any benefit, pension, assistance or allowance under
this Act is paid following the advice of the Department’s medic al
panel and multi-disciplinary pan el, where applicable, in accord ance
with the proviso to article 106, if this advice is subsequently
changed following a advice of the previous medical panel and
multi-disciplinary panel, where applicable, shall remain valid till
the day when the aforesaid advice is changed.
(6) Where payment for any benefit, pension, assistance or
allowance under this Act is not obtained by the beneficiary wit hin 2
years from the date of the issue of the original cheque, the ri ght for
such benefit, pensi on, assistance or allo wance shall be lost.
Non-payment of
arrears of any
benefits, pensions,
assistance or
allowance to
persons with dual
citizenship.
Added by:
XVI. 1990.42.
Re-numbered by:
XXIV . 1993.2.
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.