L.S. 111.01 Skema dwar il-Korrimenti fil-Persuna li jiġru lil Pajżani

(1)In this Scheme the following expressions have the meanings hereby assigned to them respectively, that is to say - Interpretation. Amended by: G.N. 391 of 1944. the "Ordinance" means the Personal Injuries (Emergency Provisions) Ordinance; Cap. 111. "apprentice" means a person who has attained the age of fourteen years but has not attained the age of twenty-four years and who, not being a gainfully occupied person, is undergoing full time training for any trade, business, profession, office, employment or vocation; "civil defence organization" means an organisation which is declared by article 3 of this Scheme to be a civil defence organisation for the purpose of the Ordinance and of this Scheme; "civil defence worker" in relation to an injury, means a person certified by a responsible officer of a civil defence organisation to have been a member of that organisation at the time when the injury was sustained; " t h e C o m m i t t e e " m ea ns t he C om m i t te e a p p oi n t e d b y t h e President of Malta for the purposes of administering this Scheme; "disablement" means loss of physical or mental capacity; "degree of disablement" in Part III means degree of disablement as assessed and certified under Article 5 of this Scheme; "dependent minor", in relation to a person who has sustained an injury means any minor, born at any time not later than three hundred days after the date (in this paragraph referred to as "the material date") on which that injury was sustained, who has not attained the age of fourteen years and who, if born before the material date, was at that date either residing with or being wholly or mainly maintained by the injured person, and who is (

1. a)a legitimate minor of the injured person; or (
2. b)a minor of the injured person who was legitimated before the material date; (
3. c)where the injured person is a male person, a step-child 2 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS whose mother was married to the injured person before the material date; or (
4. d)a minor adopted in terms of law before the material date. Provided that a minor who (
5. aa)had on the material date attained the age of fourteen years and was on that date a minor receiving full time instruction at a school; or (
6. bb)is, on the date when he attains the age of fourteen years, a minor receiving such instruction, may be treated, for the purpose of this paragraph, as a minor who has not attained the age of fourteen years until the date on which he ceases to be a minor receiving such instruction or the thirty-first day of July next following the day on which he attains the age of sixteen years, whichever is the earlier date; "gainfully occupied person" means a person who is engaged in any trade, business, profession, office, employment or vocation and is wholly or substantially dependent thereon for a livelihood, or a person who, though temporarily unemployed, is normally so engaged and dependent; "injury which may be compensated on the higher scale" means an injury which is (
7. a)a war service injury sustained by a civil defence worker; or (
8. b)a war injury sustained by a gainfully occupied person; "period of the present emergency" means the period beginning on the third day of September, 1939, and ending with such date as the President of Malta may proclaim to be the end of such emergency; "prescribe" means prescribe by the President of Malta by regulations made under the Ordinance for the purposes of this Scheme; "public funds" means monies provided by the Government of Malta, or by Her Majesty’s Government in the United Kingdom; "qualifying injury", in relation to a person means an injury sustained by that person in respect of which an award under this Scheme may be made; "qualifying injury", in relation to an award of an allowance to or in respect of the wife, or of a pension to the widow, of a person, means a qualifying injury sustained by that person after he was married to that wife or widow, and, in relation to an award of an allowance in respect of, or of a pension to, a dependent minor of a person, means a qualifying injury sustained by that person in relation to which that minor falls to be treated for the purposes of this Scheme as a dependent minor of that person; "student" means a person who has attained the age of fourteen years but has not attained the age of twenty-four years and who is receiving full time instruction at a university, college, school or PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 3 other educational establishment; "war injury" means a physical injury caused by(
9. a)the discharge of any missile including liquids and gas; or (
10. b)the use of any weapon, explosive or other noxious thing; or (
11. c)the doing of any other injurious act; either by the enemy or in combating the enemy or in repelling an imagined attack by the enemy; or (
12. d)caused by the impact on any person or property of any enemy aircraft, or any aircraft belonging to Her Majesty or any allied power, or any part of, or anything dropped from, any such aircraft; "war service injury", in relation to a civil defence worker, means any physical injury which the Committee certifies that it is satisfied that it has arisen out of and in the course of the performance of his duties as a member of the civil defence organisation to which he belonged at the time when the injury was sustained and to have been either a war injury or an injury arising directly or indirectly from conditions caused by an enemy air raid or other attack and sustained in the performance of work in which the risk of injury was materially increased by the necessity to perform it either during or immediately after an enemy air raid or other attack.

(2)For the purposes of this Scheme a person shall be treated as being incapable of self-support only if he is suffering from physical or mental infirmity of a permanent or prolonged nature whereby he is rendered incapable of self-support.

(3)For the purposes of this Scheme, disablement caused by a qualifying injury or by any two or more qualifying injuries shall be treated as being serious and prolonged only if it is assessed and certified under article 5 of this Scheme to be of a degree of not less than twenty per cent, or if it could have been so assessed and certified but for any such direction as is mentioned in sub-article

(3)of that article.

(4)A person who is at any date prevented for any reason from wholly or mainly maintaining a minor or from contributing to a reasonable extent to the support of his wife may, if the Committee think fit having regard to the circumstances of the case, be treated for the purposes of this Scheme as if he were at that date wholly or mainly maintaining that minor or contributing to a reasonable extent to the support of his wife, as the case may be.

1. Any organisation established in these Islands for civil defence purposes which is described or named in the Schedule to this Scheme shall be a civil defence organisation for the purposes of the Ordinance and this Scheme. Civil defence organisations for purposes of Ordinance and Scheme.
2. Subject to the provisions of this Scheme, an award under this Scheme may be made in respect of an injury sustained during the period of the present emergency which - Injuries in respect of which awards may be made under the Scheme. 4 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS (a) is a war service injury sustained by a civil defence worker; or (b) is a war injury sustained by a gainfully occupied person; or (c) not being an injury as aforesaid, is a war injury sustained by a person who either had attained the age of fourteen years at the date of the injury or has attained that age since that date. Ascertainment of degree of disablement. 5.

(1)The degree of disablement caused to a person by one or m o r e q u a l i f yi n g in j u r ie s s h a l l be a s s e s s e d a n d c e r t i f ie d i n accordance with the following provisions of this article by a m e d i c a l o ff i c e r o r b o a r d o f m e d i c a l o ff i c e r s a p p o i n t e d o r recognised by the Committee with the approval of the President of Malta.

(2)The degree of disablement caused to a person by a qualifying injury or by any two or more qualifying injuries shall be assessed by making a comparison between the condition of disablement which has been caused to that person by that injury or by the combined effect of those injuries and the condition of a normal healthy person of the same age and sex without taking into account the earning capacity of the disabled person in his own or in any other specific trade or occupation, and so that the extent to which that condition of disablement has been aggravated by individual factors or extraneous circumstances shall not be included in the degree at which that disablement is assessed.

(3)Where a person whose degree of disablement falls to be assessed has been awarded a pension or other grant payable out of public funds (not being a pension awarded under this Scheme) in respect of another disablement suffered by him, that degree of disablement shall he assessed in accordance with any direction which may be given by the Committee for the purpose of securing that in the assessment thereof account shall be taken of that other disablement in such manner and to such extent as may be specified in the direction.

(4)The degree of disablement assessed under this article shall be certified by way of a percentage, total disablement being represented by one hundred per cent, and a lesser degree of disablement being represented by such lesser percentage as, being a multiple of ten, bears to one hundred per cent the same proportion as that lesser degree of disablement bears to total disablement. PART II INJURY ALLOWANCES Scope of Part II. 6.

(1)The provisions of this Part of this Scheme shall have effect for the purpose of enabling the Committee to make, in accordance with such arrangements as may from time to time appear to them best suited for the purpose, temporary and provisio nal paym ents to or i n respect of persons w ho have sustained qualifying injuries.

(2)No decision of the Committee upon an application made PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 5 under this Part of this Scheme in respect of an injury shall be deemed to prejudice or affect any decision which they may have to make in respect of that injury under Part III of this Scheme. 7. Where a qualifying injury has incapacitated a person for work for a period of not less than seven consecutive days, that person shall be entitled to be awarded in respect of that injury an injury allowance in accordance with the following provisions of this Part of this Scheme: Awards of injury allowances. Amended by: G.N. 393 of 1941. Provided that an injury allowance shall not be awarded in respect of an injury sustained by any person (

1. a)if, at the date of that injury, that person was a member of any of the armed forces of the Crown, or a person employed in the nursing service or other auxiliary service of any of those forces, and was required to give whole time service as such a member or as an employed person; or (
2. b)if, at the date of that injury, that person was a member of any of the armed forces of the Crown, or a, person employed in the nursing service or other auxiliary service of any of those forces, and was not required to give whole time service as such a member or as an employed person, and that injury was directly attributable to his service as such a member or as an employed person; or (
3. c)if, at the date of that injury, that person was a civilian employed by any one of the armed forces of the Crown, and that injury was directly attributable to his service as an employed person; or (
4. d)if an award can be made to that person in respect of that injury by virtue of a scheme under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act, 1939, or under any Navy, Army, Air Force and Mercantile Marine scheme as adopted or made for these Islands. Nothing in this proviso shall disentitle from award of injury allowance any civilian employee of the armed forces of the Crown, in respect of any war injury suffered while he is off duty, provided that no such civilian employee shall at one and the same time be eligible for benefits under this Scheme and for any service benefit in respect of that injury. 8.

(1)An injury allowance shall be payable only for so long as the person to whom it has been awarded is incapacitated for work by the injury in respect of which it has been awarded and, unless the Committee in the circumstances of any particular case otherwise determine, shall be payable only in respect of a period which falls within a period of twenty-six weeks computed from the commencement of the first period of incapacity in respect of which a payment of injury allowance in respect of that injury was made.

(2)An injury allowance awarded to a person shall not be payable in respect of any period in respect of which a pension Conditions of payment of injury allowances. 6 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS awarded to that person under article 11 of this Scheme has been or will be paid.

(3)An injury allowance shall be payable weekly or at such other intervals of time as the Committee may direct. Rates of injury allowances. Amended by: L.N. 391 of 1944; III. 1955.3; L.N. 409 of 2007. 9.

(1)Subject to the provisions of this Part of this Scheme an injury allowance awarded to a person shall be payable at whichever of the weekly rates specified in the Table set out at the end of this article in relation to the class of injury sustained by that person is from time to time appropriate in the case of that person.

(2)Where a person to whom an injury allowance has been awarded in respect of an injury which is not an injury which may be compensated on the higher scale, is a widow who is detained in hospital and who was, at the date of the commencement of such detention, maintaining in her home a dependent minor of hers that injury allowance may be paid at the rate which would be appropriate if that widow were not in hospital.

(3)Where a male person to whom an injury allowance has been awarded is married and that person (

1. a)has married since the date on which he sustained the injury in respect of which that injury allowance was awarded; or (
2. b)was not at that date, or is not, residing with his wife or contributing to a reasonable extent to her support, that person shall, for the purposes of the foregoing provisions of this article and of the Table set out at the end thereof, be treated as if he were not married.

(4)Where a person to whom an injury allowance has been awarded has not attained the age of eighteen years, that injury allowance shall, unless he was married at the date on which he sustained the injury in respect of which it was awarded, be payable until he has attained that age at half the rate which would be appropriate in his case.

(5)In this article and in the Table set out at the end thereof "in hospital" means in hospital, as an in-patient for the purpose of receiving treatment for a qualifying injury. TABLE Weekly rates of injury allowances Class of injury Injuries which may be compensated on the higher scale Other injuries Male person who is Male person who is married not married Not in In Not in In hospital hospital hospital hospital Female person Not in hospital In hospital €4.66 €4.66 €3.73 €2.43 €2.56 €1.53 €2.80 €1.40 €2.23 €1.12 €1.61 €0.92 PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 10.

(1)Where a person to whom an injury allowance has been awarded in respect of an injury which may be compensated at the higher scale has a dependent min or, t he rate o f th at in ju ry allowance may be increased in respect of that minor in accordance with the following provisions of this article.

(2)The weekly amount by which the rate of an injury allowance may be increased in respect of a dependent minor shall be fifty-eight cents (0.58) in respect of the first minor, thirty-five cents (0.35) in respect of the second minor and twenty-three cents (0.23) in respect of each additional minor. 7 Increases in injury allowances in respect of dependent minors.. Amended by: G.N. 391 of 1944; III. 1955.4; L.N. 409 of 2007.

(3)Where payment of an injury allowance has once been made at a rate increased in respect of a dependent minor, payment of that injury allowance shall continue to be made at that increased rate only so long as the minor is residing with the person to whom that injury allowance has been awarded or that person is contributing to a reasonable extent to the support of the minor.

(4)An injury allowance awarded to a female person shall be payable at a rate increased in respect of a dependant minor of hers only so long as (

1. a)she is not in receipt of any periodical payment in respect of that minor from some individual liable to contribute to the support of the minor, and (
2. b)where she is a married woman residing with her husband, her husband is incapable of self-support or is not less than sixty years of age. PART III Pensions and Allowances in respect of Injuries causing serious and prolonged disablement or death 11.

(1)Where a qualifying injury sustained by a person is causing him serious and prolonged disablement, that person may be awarded under this article in respect of that injury a pension in accordance with the following provisions of this article.

(2)A pension under this article in respect of an injury shall be at weekly rate not exceeding (

1. a)where the degree of disablement caused by that injury is one hundred per cent, the maximum rate; or (
2. b)where the degree of disablement caused by that injury is less than one hundred per cent, the rate which bears to the maximum rate the same proportion as the degree of disablement caused by that injury bears to one hundred per cent, or the rate of nineteen cents (0.19), whichever is the greater: Provided that where a beneficiary is in receipt of a greater pension which exceeds the amount provided for in paragraph (
3. b)of this article, he shall continue to receive such greater rate of pension.

(3)Where a person to whom a pension has been or may be awarded under this article in respect of an injury is a person to Pensions to disabled persons. Amended by: G.N. 391 of 1944; III. 1955.5; XXXVIII.1965.3; X. 1971.3; XXXVI. 1973.3; XXIX. 1974.3; XLV. 1975.4; L.N. 19 of 1991; L.N. 194 of 1999; L.N. 409 of 2007. 8 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS whom a pension, or in respect of whom an allowance, is payable out of public funds in respect of the death of any person (not being a pension or allowance payable only in a case of need), the weekly rate of the pension under this article shall not exceed: (

1. a)where the degree of disablement caused by that injury is one hundred per cent, the rate which is arrived at by deducting from the maximum rate a sum equal to twothirds of the weekly rate of the pension or allowance payable out of public funds; or (
2. b)where the degree of disablement caused by that injury is less than one hundred per cent, the rate which bears to the rate calculated in accordance with paragraph (
3. a)of this sub-article the same proportion as the degree of disablement caused by that injury bears to one hundred per cent: Provided that where the weekly rate of pension calculated in accordance with the foregoing provisions of this sub-article is less than nineteen cents (0.19), the weekly rate of that pension shall be nineteen cents (0.19).

(4)In this article the expression "maximum rate", in relation to a pension which may be awarded to a person under this article means whichever, of the weekly rates specified in the table set out at the end of this article in relation to the class of injury sustained by that person is from time to time appropriate in the case of that person: Provided that, for the purposes of that table (

1. a)where a qualifying injury which is not an injury which may be compensated on the higher scale has been sustained by a person before he has attained the age of fourteen years or at a time when he was a student or an apprentice, that injury shall be treated as if it were an injury which may be compensated on the higher scale unless that person was, immediately before he sustained the injury, suffering from physical or mental infirmity to such an extent as to preclude the likelihood of his ever being able to earn his own living; and (
2. b)a person who was married at the date on which he sustained the qualifying injury in respect of which a pension under this article is awarded, shall, notwithstanding that he has not attained the age of eighteen years, be treated as if he had attained that age.

(5)A pension shall not be awarded in respect of an injury which may not be compensated on the higher scale, except in case of need. PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 9 TABLE The maximum weekly rate of pension for one hundred per cent disablement shall be at the rate applicable in terms of the Highest Rate of Injury Pension in Part III of the Third Schedule to the Social Security Act Cap. 318. Provided that any rate of pension payable under this article shall, as from the 14th day of April, 1975, be increased by the amount of two euros and ten cents (2.10) per week. 12.

(1)Where an injury in respect of which a pension may be awarded under article 11 of this Scheme is a qualifying injury which may be compensated on the higher scale and the person who sustained the injury has a wife, there may be awarded under this article in respect of that injury an allowance in respect of that injury in accordance with the following provisions of this article.

(2)Where the person who sustained the injury is residing with his wife, an allowance may be awarded to him at a weekly rate not exceeding the sum which bears to the sum of thirty-three euros and seventy-eight cents (33.78) the same proportion as the degree of disablement caused by that injury bears to one hundred per cent.

(3)Where the person who sustained the injury is not residing with his wife, an allowance may be awarded to him or to his wife as the Committee may determine at such rate (not exceeding the rate calculated in accordance with sub-article

(2)) as the Committee may think fit: Allowances to disabled persons in respect of wives. Amended by: G.N. 391 of 1944; III. 1955.6; XXXVIII. 1965.4; X. 1971.4; XXXVI. 1973.4; XXIX. 1974.4; XLV. 1975.5; L.N. 49 of 1976; L.N. 32 of 1977; L.N. 145 of 1977; L.N. 115 of 1981; L.N. 3 of 1987; L.N. 409 of 2007. Provided that, unless the Committee in the special circumstances of any particular case otherwise directs, an allowance shall not be awarded unless the person who sustained the injury is contributing to a reasonable extent to the support of his wife. 13.

(1)Where an injury in respect of which a pension may be awarded under article 11 of this Scheme is a qualifying injury which may be compensated on the higher scale and the person who sustained that injury has a dependent minor, that person may be awarded in respect of that injury an allowance in respect of that minor in accordance with the following provisions of this article.

(2)An allowance under this article in respect of a dependent minor shall be at a weekly rate not exceeding the sum which bears to the weekly rate specified in the table set out at the end of this article the same proportion as the degree of disablement caused by the relevant qualifying injury bears to one hundred per cent.

(3)An allowance under this article in respect of a dependent minor of a married woman residing with her husband shall not be awarded to her unless her husband is in need and either incapable of self-support or not less than sixty years of age.

(4)An allowance under this article in respect of a dependent minor of a widow or of a married woman who is not residing with her husband, shall be reduced by an amount equal to the weekly value of any periodical payments which are received by her from an Allowances to disabled persons in respect of dependent minors. Amended by: III. 1955.7; XXXVIII. 1965.5; X. 1971.5; L.N. 409 of 2007. 10 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS individual liable to contribute to the support of that minor or which it is reasonably practicable for her to obtain from any such individual.

(5)Where the weekly value of the contribution which is being made to the maintenance of a minor by a person to whom an allowance in respect of that minor has been or may be awarded under this article is less than the amount of that allowance, the amount of that allowance may be reduced to an amount equal to that weekly value. TABLE Maximum weekly rates in respect of dependent minors Description of minor Dependent minor of: (

1. a)a male person in respect of whose wife no allowance is being paid; or (
2. b)a female person De pende nt minor of a mal e p e r s o n i n r e s p e c t o f wh o s e wife an allowance is being paid Pensions to widows of deceased persons. Amended by: G.N. 391 of 1944; III. 1955.8; XXXVIII.1965.6; X. 1971.6; XXV. 1971.5; XXXVI. 1973.5; XXIX. 1974.5; XLV. 1975.6; L.N. 49 of 1976; L.N. 32 of 1977; L.N. 145 of 1977; L.N. 115 of 1981; L.N. 3 of 1987; L.N. 409 of 2007. First minor Second minor Third minor Each additional minor €1.25 €0.58 €0.41 €0.35 €0.85 €0.52 €0.35 €0.35 14.

(1)Where a person has died as the direct result of a qualifying injury which may be compensated on the higher scale and there is a widow of that person, that widow may be awarded in respect of that injury a pension in accordance with the following provisions of this article.

(2)The pension which may be awarded to the widow shall be at a weekly rate not exceeding (

1. a)in a case where she has attained the age of forty years, or an allowance may be awarded to her in respect of a dependent minor of her husband under article 15 of this Scheme, or she is incapable of self-support thirtythree euros and seventy-eight cents (33.78); (
2. b)in any other case, thirty-three euros and seventy-eight cents (33.78).

(3)Where at the date of the death of the deceased person his widow was separated from him, a pension may only be awarded to her under this article (

1. a)if she was entitled to periodical payments from him under a maintenance or separation order or a judgment awarding maintenance, and was, during the period of six months expiring on the date of his death or during such other period as the Committee may in any special case determine, either receiving payments to which she was so entitled or taking reasonable steps to obtain them; or (
2. b)in any other case, if the deceased person was during any such period contributing to a reasonable extent to PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 11 her support; and the weekly rate of the pension shall be such as the Committee may determine, being a weekly rate which does not exceed (
3. i)in the case mentioned in paragraph (
4. a)of this sub-article, the rate (calculated on a weekly basis) of the periodical payments; or (
5. ii)in the case mentioned in paragraph (
6. b)of this paragraph, the average weekly amount that the deceased person had been contributing to the support of the widow during any such period as is mentioned in that paragraph; and does not in any case exceed thirty-three euros and seventyeight cents (33.78).

(4)For the purposes of this article, a widow who at the date of the death of her husband was separated from him may be treated as if she were not then separated from him if the separation was, in the opinion of the Committee, caused by his mental instability, being mental instability due to a qualifying injury sustained by him. 15.

(1)Where a person has died as the direct result of a qualifying injury which may be compensated on the higher scale and there is a dependent minor of that person residing with or in the custody of his widow, being a widow who was on his death eligible for a widow’s pension under article 14 of this Scheme, that widow may be awarded under this article in respect of that injury an a l l o w a n c e i n r e sp e c t o f t h a t m i n o r i n a c c o r d a n c e w i t h t h e provisions of this article. Allowances to widows of deceased persons in respect of dependent minors. Amended by: G.N. 391 of 1944; XXXVIII. 1965.7; X. 1971.7; L.N. 409 of 2007.

(2)Subject to the provisions of article 16

(4), an allowance under this article shall be at a weekly rate not exceeding eighty-five cents (0.85) in respect of the first minor, seventy cents (0.70) in respect of the second minor and fifty-two cents (0.52) in respect of each additional minor.

(3)Where the weekly value of the contribution which is being made to the maintenance of a minor by a widow to whom an allowance in respect of that minor has been or may be awarded under this article is less than the amount of that allowance, the amount of that allowance may be reduced to an amount equal to that weekly value. 16.

(1)Where a person has died as the direct result of a relevant qualifying injury which may be compensated on the higher scale, and there is a dependent minor dependent of that person, that minor may be awarded under this article in respect of that injury a pension in accordance with the following provisions of this article: Provided that (

1. a)where the deceased person was a male person, a pension may only be awarded to his dependent minor if that minor is neither residing with nor in the custody of the widow, being a widow who was on his death eligible for a widow’s pension under article 14 of this Scheme; Pensions to dependent minors of deceased persons. Amended by: G.N. 391 of 1944; XXXII. 1946.3; III. 1955.9; XXXVIII. 1965.8; X. 1971.8; L.N. 409 of 2007. 12 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS (
2. b)where the deceased person was a female person, a pension may only be awarded to her dependent minor if it is not possible, or not reasonably practicable, for means of support for that minor to be obtained from any individual liable to contribute to the support of that minor.

(2)A pension under this article awarded to a dependent minor of a male person shall be at a weekly rate not exceeding eighty-five cents (0.85) in the case of the first minor, seventy cents (0.70) in the case of the second minor and fifty-two cents (0.52) in respect of each additional minor.

(3)Where a widow’s pension under article 14 of this Scheme is not being paid or applied to or for the benefit of the widow of a deceased person, a pension awarded under this article to a dependent minor of that person may, if the Committee think fit having regard to the fact that the minor is motherless or has been removed from the custody of his mother or to any other circumstances of the case, be at a weekly rate not exceeding three euros and thirty-five cents (3.35) or, where there is more than one dependent minor of the deceased person residing in the same household three euros and thirty-five cents (3.35) in the case of the first minor in that household, and eighty-five cents (0.85) in the case of each additional minor in that household.

(4)Where there is more than one dependent minor of a deceased male person and there is a widow of that person who was on his death eligible for a widow’s pension under article 14 of this Scheme, the aggregate of the rates of any pensions under this article, or of the rates of any such pensions together with the rates of any allowances under article 15 of this Scheme, which may be paid to or in respect of the dependent minors of that deceased person shall not exceed (

1. a)in a case where a widow’s pension is being paid the aggregate of the rates of the allowances which could be awarded under article 15 of this Scheme in respect of all the dependent minors of that person if they were all minors in respect of whom allowances under that article might be awarded; and (
2. b)in a case where a widow’s pension is not being paid by reason of any provision of this Scheme the aggregate of the rate at which that pension could be paid to her but for the provision by reason of which it is not being paid and the rates of the allowances which could be awarded under article 15 of this scheme in respect of all the dependent minors of that person if they were all minors in respect of whom allowances under that article might be awarded.

(5)A pension under this article awarded to a dependent minor of a female person shall be at a weekly rate not exceeding three euros and thirty-five cents (3.35), or where there is more than one dependent minor of that person residing in that same household three euros and thirty-five cents (3.35) in the case of the first minor in that household and eighty-five cents (0.85) in the case of each PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 13 additional minor in that household. 17.

(1)Where a person has died as the direct result of a qualifying injury which may be compensated on the higher scale, and there is a parent of that person (

1. a)who at the time of the qualifying injury is in need, or at any time thereafter becomes in need, in either case the need ensuing from the fact that he is not less than sixty years of age or, in the case of a female parent, that she is not less than fifty-five years of age, or from some infirmity or other adverse condition which is not of a temporary character; or (
2. b)to whose support that person had been regularly contributing during the year immediately preceding the date of his death, or during such other period as the Committee may in any special case determine, that parent may be awarded under this article in respect of that injury a pension in accordance with the following provisions of this article.

(2)(

1. a)In determining whether and to what extent a parent is in need, the Committee shall take into account the amount of the contribution to the support of that parent which the deceased person had been making before his death and which he would, in the opinion of the Committee, have been likely to continue to make if he had not died. (
2. b)Notwithstanding the provisions of the following subarticles of this article, a female parent may be awarded a pension in accordance with the provisions of this article, if she is a widow and if the Committee is satisfied that she was substantially dependent on the deceased person and that she is in genuine need.

(3)Where an award to a parent may be made under this article in respect of qualifying injuries sustained by two or more deceased persons (

1. a)one pension only may be awarded under this article in respect of those injuries; and (
2. b)sub-article

(2)of this article shall have effect as if it referred to the contributions of all those deceased persons.

(4)Where the conditions for the award of a pension under this article are fulfilled in the case of both the parents of a deceased person or of two or more deceased persons, one pension only may be awarded under this article and that pension may be awarded to whichever of those parents the Committee may select: Provided that where those parents are separated a pension may, if the Committee thinks fit, be awarded to each of them, so, however, that the aggregate weekly rate of those pensions do not exceed the maximum weekly rate at which a pension under this article could have been awarded if those parents were not Pensions to parents of deceased persons. Amended by: G.N. 391 of 1944; G.N. 284 of 1948; III. 1955.10; XXXVIII.1965.9; X. 1971.9; XXV. 1971.6; XXXVI. 1973.6; XXIX. 1974.6; XLV. 1975.7; L.N. 49 of 1976; L.N. 32 of 1977; L.N. 145 of 1977; L.N. 115 of 1981; L.N. 3 of 1987; L.N. 409 of 2007. 14 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS separated.

(5)The pension awarded under this article shall be at such weekly rate as the Committee may determine, being a weekly rate which is not less than thirty-five cents (0.35) and, where there is only one parent, is not more than thirty-three euros and seventyeight cents (33.78) and, where there are two parents, is not more than thirty-three euros and seventy-eight cents (33.78): Provided that where by reason of exceptional circumstances the Committee thinks fit, a pension may be awarded at a weekly rate which exceeds thirty-three euros and seventy-eight cents (33.78) by an amount which does not exceed thirty-three euros and seventy-eight cents (33.78).

(6)For the purpose of this article, a person shall be deemed to be a parent of a deceased person if that deceased person was a minor whom he had adopted according to law. Pensions to orphan brothers and sisters of deceased persons. Amended by: XXXII. 1946.4; III. 1955.11; XXXVIII. 1965.10; X. 1971.10; L.N. 409 of 2007. 18.

(1)Where a person has died as the direct result of a qualifying injury which may be compensated on the higher scale and there is an orphan brother or sister of that person who is in need and to whose support that person had been regularly contributing during the year immediately preceding the date of his death or during such other period as the Committee may in any special case determine, that brother or sister may be awarded under this article in respect of that injury a pension at such weekly rates (not exceeding not exceeding seventy-six cents (0.76)) as the Committee may, after taking into consideration the financial resources of that brother or sister, consider appropriate in the circumstances of the case: Provided that (a) a pension under this article shall not be awarded in respect of an injury if a pension or allowance under any of the foregoing provisions of this Part of this Scheme is being paid in respect of that injury; and (b) where more than one pension awarded under this article in respect of the same injury is being paid, the aggregate of those pensions shall not at any time exceeds one euro and thirty-four cents (1.34).

(2)Not more than one pension may be paid at the same time under this article to the same person.

(3)In this article the expression "orphan brother or sister", in relation to a deceased person, means a brother or sister of that person whose parents are both dead and who has not attained the age of fourteen years, and includes a half-brother or half-sister: Provided that a brother or sister of that person who (

1. i)had on the date of the death of the deceased person attained the age of fourteen years and was on that date a person receiving full time instruction at a school; or (
2. ii)is, on the date when he or she attains the age of fourteen years, a person receiving such PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 15 instruction, may be treated, for the purposes of this sub-article, as a brother or sister of that person who has not attained the age of fourteen years until the date on which he or she ceases to be a person receiving such instruction or the thirty-first day of July next following the day on which he or she attains the age of fifteen years, whichever is the earlier date. 19.

(1)Where a person has died as the direct result of a relevant qualifying injury which is not an injury which may be compensated on the higher scale and there is (

1. a)a widow of that person with whom that person was at the date of his death residing or to whose support that person was at that date contributing to a reasonable extent; or Pensions to widows and dependent minors of deceased pensioners, etc. (
2. b)where there is no such widow, a dependent minor of that person, that widow or dependent minor may, if in need, be awarded under this article in respect of that injury a pension in accordance with the following provisions.

(2)A pension under this article shall only be awarded if the need of the widow or dependent minor arises solely from the fact that, by reason of the death of the deceased person, a pension, superannuation allowance, annuity or other income of which the deceased person was in receipt at the date of his death is no longer available (otherwise than by virtue of a disposition made by the deceased person) for the support of the widow or dependent minor.

(3)A pension under this article shall be at such weekly rate as may appear to the Committee to be appropriate to the circumstances of the widow or dependent minor but shall not exceed (

1. a)in the case of the widow, the rate of the pension and of any allowances in respect of dependent minors of the deceased person; (
2. b)in the case of the dependent minor, the rate of the pension, which could have been awarded under this Scheme to that widow or that dependent minor, as the case may be, if the injury sustained by the deceased person had been an injury which may be compensated on a higher scale. PART IV General Provisions relating to Injury Allowances, Pensions and Allowances 20. Except where the Committee in any special case otherwise directs, an award under this Scheme in respect of a qualifying injury (not being an injury which may be compensated on the higher scale) sustained by a person before attaining the age of fourteen years shall not be made unless, within three months from Notice of injuries sustained by minors. 16 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS the date on which the injury was sustained, such notice of the fact that he has sustained that injury and such other particulars have been given as prescribed. Provisions with respect to applications under this Scheme. 21. Except where the Committee in any special case otherwise directs, an award under this Scheme in respect of an injury shall not be made unless an application for that award is made in the prescribed manner and within the following period, that is to say (
3. a)where the injury is claimed to have incapacitated the injured person for work, a period of three months from the date on which he sustained the injury, or, if he was not incapacitated for work by the injury until after that date on which he was first so incapacitated; (
4. b)where the injury is claimed to have caused the injured person serious and prolonged disablement a period of three months from whichever is the latest of the following dates, that is to say (
5. i)the date on which he sustained the injury; (
6. ii)in a case where the injury necessitated his immediate treatment as an in-patient in hospital, the date of his discharge from such treatment; (iii) in a case where the application is made in respect of an injury (not being an injury which may be compensated on the higher scale) sustained by him before attaining the age of fourteen years, the date on which he attained that age; (
7. iv)in a case where he was, on the date on which he sustained the injury, a member of any of the armed forces of the Government of the United Kingdom, or a person employed in the nursing service or other auxiliary service of any of those forces, and was required to give whole time service as a member or as a person so employed; (
8. c)where the application is made in respect of an injury sustained by a person whose death is claimed to have been the direct result of that injury, a period of three months from the date on which the death occurred. Determination of medical question. 22. When in connection with an application for an award under this Scheme any medical question arises, that question shall not be determined except upon the certificate of a medical officer or board of medical officers appointed or recognised by the Committee, with the approval of the President of Malta. Provision as to members of the armed forces. 23.

(1)When a person in respect of whom an award may be made under this Scheme was, at the date on which he sustained the injury in respect of which the award may be made, a member of any of the armed forces of the Government of the United Kingdom, or a person employed in the nursing service or other auxiliary service of any of those forces, and was required to give whole time service as such a member or as a person so employed, no pension or allowance under this Scheme in respect of that injury shall be paid - PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 17 (

1. a)when the injury is causing him serious and prolonged disablement, in respect of any period during which he continues to be such a member or to be so employed, or (
2. b)when his death is the direct result of the injury, in respect of any period during which any war service allowances are paid: Provided that where the aggregate amount of any pension and allowances in respect of dependent minors which might, but for the foregoing provisions of this article, have been paid under this Scheme in respect of the period mentioned in paragraph (
3. b)of this article are in excess of the aggregate amount of those war service allowances, an amount equal to that excess may be paid.

(2)In this article the expression "war service allowances", in relation to a deceased person, means any pension, allowance, grant or other payment made out of moneys provided by the Government of the United Kingdom or by the Government of Malta at weekly or other periodical intervals to any person after the death of the deceased person in continuation of any payments made during the lifetime of the deceased person in respect of his service in any of the armed forces of the Government of the United Kingdom or in the nursing service or other auxiliary service of any of those forces. 24. Where an injury, or where incapacity for work, disablement or death arising from an injury, is attributable to the serious negligence or misconduct of the person sustaining the injury, the Committee may withhold or cancel any award which may be or has been made under this Scheme in respect of that injury, or may reduce the amount thereof. Provision as to negligence or misconduct. 25. An award under this Scheme shall not be made in respect of an injury sustained outside these Islands by - Provision as to application of Scheme. (

1. a)a person ordinarily resident outside these Islands; or (
2. b)a person ordinarily resident in these Islands while absent from these Islands for personal, domestic or pleasure purposes. 26. The Committee may withhold or cancel an award of an injury allowance, pension or allowance to persons under this Scheme if they are satisfied that the person to or in respect of whom the injury allowance, pension or allowance might be or has been awarded is or has become ordinarily resident outside these Islands. Provision as to persons ordinarily resident outside these Islands. 27. Where on an application for the award of a pension or allowance under Part III of this Scheme the death of a person is claimed to be the direct result of an injury, no award shall be made on that application in respect of that injury if it was sustained more than seven years before the death of that person. Provision as to awards on death. 28.

(1)Where the Committee is satisfied that a payment has been or will be made under an appropriate provision in respect of an injury (whether resulting in disablement or death), no award of a pension or allowance in respect of that injury shall be made under Part III of this Scheme and any such award which has been made Provision for prevention of double payments. 18 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS shall be cancelled.

(2)Where periodical payments are being made under an appropriate provision or under this Scheme to or in respect of a person in respect of an injury by whomsoever sustained, the Committee may take the weekly value of those payments into account against the amount of any pension or allowance to or in respect of that person which has been or may be awarded under Part III of this Scheme in respect of any other injury (not being an injury by the person who sustained the injury first mentioned in this subarticle), and may, for the purpose of securing that only so much, if any, of that amount as exceeds that value shall be or shall have been paid to or in respect of that person, withhold or cancel the award of that pension or allowance or reduce the amount thereof.

(3)Where (

1. a)periodical payments out of public funds, not being payments under an appropriate provision or under this Scheme, are being made to or in respect of a minor; or (
2. b)a minor is being maintained in any institution wholly or mainly supported out of public funds, the amount of any pension or allowance which may be or has been awarded under Part III of this Scheme in respect of that minor as a dependent minor may be reduced by an amount equal to the weekly value of those payments or by such amounts as the Committee may think fit having regard to the fact that the minor is being so maintained.

(4)Nothing in this article shall prevent the Committee from making an award in accordance with the provisions of article 11

(3)of this Scheme.

(5)References in sub-articles

(2)and

(3)of this article to periodical payments or to a pension or allowance shall not include references to periodical payments or to a pension or allowance payable only in a case of need, and references in those sub-articles to periodical payments made to a person shall include references to any periodical payments which would have been made to that person if they had not been commuted, and to any periodical payments granted to that person and applied for benefit.

(6)In this article the expression "an appropriate provision" means any of the following enactments, provisions or instruments, that is to say (

1. a)any Scheme made under the United Kingdom Personal Injuries (Emergency Provision) Act, 1939; (
2. b)any United Kingdom enactment mentioned in paragraphs (a), (b), (f), (
3. g)and (
4. i)of sub-article

(6)of article 30 of the United Kingdom Personal Injuries (Civilians) Scheme. Provision for taking damages into account. 29.

(1)When a person in respect of whom an injury allowance, pension or allowance may be or has been awarded under this Scheme in respect of an injury he has received or recovered damages in respect of that injury, or has been paid any sum in PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 19 settlement or composition of his claim to any such damages, the Committee may take the weekly value of the whole or such part as the Committee may think fit of those damages or of that sum into account against the amount of that injury allowance, pension or allowance, and may, for the purpose of securing that only the excess, if any, of that amount over that value shall be or shall have been paid to or in respect of that person, withhold or cancel the award of that injury allowance, pension or allowance or reduce the amount thereof.

(2)Where a person (

1. a)refuses or neglects to claim, or to take or prosecute proceedings to recover damages in respect of an injury in respect of which an award of an injury allowance, pension or allowance may be or has been made in respect of that person; or (
2. b)continues proceedings to recover any such damages; or (
3. c)accepts any sum in settlement or composition of his claim to any such damages, and the Committee considers that such refusal, neglect continuance or acceptance is unreasonable, the Committee may withhold or cancel the award of that injury allowance, pension or allowance or reduce the amount thereof. 30. Where it is certified by a medical officer or board of medical officers appointed by the Committee for this purpose that a person who has sustained a qualifying injury should in his own interests undergo medical treatment for the injury, and that person refuses or neglects to undergo that treatment, the Committee may, if it considers that such refusal or neglect is unreasonable, withhold or cancel any award of any injury allowance, pension or allowance which has been or may be made under this Scheme in respect of that injury, or may reduce the amount of any such award. Provisions as to persons refusing treatment. 31. Where the Committee is satisfied in the case of any person to whom a pension or allowance has been or may be awarded under Part III of this Scheme that the payment of a lump sum in lieu of that pension or allowance is justified by the circumstances of the case, the Committee shall award to that person such a lump sum as aforesaid, to be determined according to such principles as may be prescribed. Power to award lump sum in lieu of pension or allowance. 32. Any pension or allowance under Part III of this Scheme may be awarded provisionally or upon any other basis, and for such period as the Committee may think fit, and may be paid weekly in advance, and any fraction of two cents (0.02) shall be reckoned two cents (0.02). Provision as to awards and payment of pensions, etc. Amended by: L.N. 409 of 2007. 33. The Committee may at any time review any award made by them under this Scheme and, if it appears to them that by reason of any mistake of fact, any change in the condition or circumstances of the person to whom the award was made, or for any other reason whatsoever, it is expedient so to do, they may increase or reduce the rate of any pension or allowance awarded, cancel an award, or make a fresh award, so, however, that no pension or allowance Review of awards. 20 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS shall be increased to a rate exceeding the appropriate rate specified in the article under which it was awarded. Provisions as to persons admitted to hospitals, etc. 34.

(1)Where a person to whom a pension may be or has been awarded under this Scheme in respect of an injury is being maintained in an institution to which this article applies for the purpose of receiving medical treatment for that injury, the Committee may reduce that pension by such an amount as they may think fit, having regard to the fact that the person is being so maintained.

(2)Where a person to whom a pension may be or has been awarded under this scheme is being maintained in an institution to which this article applies otherwise than for the purpose of receiving medical treatment for a qualifying injury, or where a wife to whom an allowance may be or has been awarded under article 12

(3)of this Scheme is being maintained in such an institution otherwise than for the purpose of receiving such treatment the Committee may deduct from that pension or allowance, as the case may be, such an amount in respect of the maintenance of that person or wife in that institution as the Committee may think fit having regard to all the circumstances of the case, and may pay the amount so deducted to the body or person having the management of that institution.

(3)This article applies to any institution which is supported wholly or partly out of public funds and is a port-house, hospital, convalescent home, mental hospital, asylum, infirmary or other similar institution. Payment of public claims out of pensions, etc.

1. Where the Committee is satisfied that any sum is due to the Government of the United Kingdom or a Government Department from a person in respect of whom an injury allowance, pension or allowance has been awarded under this Scheme or that any overpayment has been made in respect of any such person by the Government of the United Kingdom, or a Government Department, the Committee may deduct from that injury allowance, pension or allowance such amounts and at such times as they may think fit in respect of that sum or overpayment and may apply the amount so deducted towards paying or repaying that sum or overpayment. Administration of pensions and allowances. Amended by: L.N. 409 of
2. 36.

(1)Any injury allowance, pension or allowance, or any lump sum in lieu thereof awarded under this Scheme, may be administered in accordance with the following provisions of this article if the person in respect of whom it has been awarded (

1. a)has not attained the age of twenty-one years; or (
2. b)is, in the opinion of the Committee, suffering from mental infirmity to such an extent as to be incapable of managing his own affairs; or (
3. c)is being maintained in an institution to which article 34 of this Scheme applies; or (
4. d)is a person in whose case an injury allowance, pension or allowance can be forfeited or has been restored under article 37 of this Scheme, or in any other case the Committee considers that it is in the PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 21 interest of that person that it should be so administered.

(2)Any injury allowance, pension, or allowance or lump sum awarded to or in respect of any person which is being administered under this Article may, as to the whole or such part thereof as the Committee think fit and at such times as they thing fit, be paid or applied by the Committee to or for the benefit of that person, or to or for the benefit of the wife or husband or any minor or dependant of that person, or be paid by the Committee to any person whom they consider to be a fit and proper person so to pay or apply the whole or any part of that injury allowance, pension, allowance or lump sum.

(3)Where part of an injury allowance, pension or allowance which has been administered under this article has not, when that injury allowance, pension or allowance ceases to be so administered, been paid or applied, payment in respect of that part may be made either in a lump sum by instalments of such amounts and at such intervals as the Committee think fit, so, however, that the lump sum or the aggregate of the instalments, as the case may be, shall not exceed the sum of eighty-one euros and fifty-three cents (81.53). 37.

(1)Where a person in respect of whom an injury allowance, pension or allowance may be or has been awarded under this Scheme (

1. a)is, in pursuance of a sentence or order of a court upon his being found guilty of an offence, serving a term of imprisonment or detained in a reformatory or approved school; or (
2. b)is an enemy alien who, as such, has been interned or detained or has been expelled from these Islands or the United Kingdom; or (
3. c)is a person who, under the Aliens Restriction Act, 1914, or under the Prevention of Violence (Temporary Provisions) Act, 1939, or under any regulations made under the Emergency Powers (Defence) Acts, 1939 and 1940, or under the Civil Authorities (Special Powers) Acts (Northern Ireland), 1922 and 1923, is detained, or has been deported from, required to leave or prohibited from entering the United Kingdom, Great Britain or Northern Ireland, or is detained, or has been deported from, required to leave, or prohibited from entering these Islands under any similar enactment in force in Malta, the Committee may withhold the award of that injury allowance, pension or allowance, or, if that injury allowance, pension or allowance has been awarded and is not already forfeited, direct that that injury allowance, pension or allowance shall be forfeited as from such date as the Committee may think fit.

(2)Where a person to or in respect of whom a pension or allowance may be or has been awarded under Part III of this Scheme in respect of an injury sustained by a person who has died is, in the opinion of the Committee, unworthy of a grant from Forfeiture of pensions and restoration of forfeited pension, etc. 22 [ S.L.111.01 PERSONAL INJURIES OF CIVILIANS public funds, the Committee may withhold the award of that pension or allowance or direct that it shall be forfeited as from such date as the Committee may think fit.

(3)The Committee may, in its discretion and upon such terms and as from such date as it thinks fit, restore, either in whole or in part, any injury allowance, pension or allowance forfeited under this article. Provisions with respect to failure to obtain payment of pensions, etc. Amended by: L.N. 409 of 2007. 38.

(1)No sum shall be paid under an award made under this Scheme where the person to whom payment thereof might have been made fails to obtain such payment within three months from the date on which he might have first obtained such payment.

(2)Where a person to whom a pension or allowance awarded under Part III of this Scheme may be paid fails to draw that pension or allowance for a continuous period of not less than six months, the Committee shall cancel the award of that pension or allowance, and no payment of the arrears of that pension or allowance shall be made.

(3)Notwithstanding anything contained in the foregoing provisions of this article, where the failure of any person to obtain payment of a sum within three, or as the case may be, six months from the date on which he might first have obtained payment thereof, or to draw a pension or allowance for a continuous period of not less than six months, is due to circumstances for which that person cannot in the opinion of the Committee justly be held responsible, the Committee may cause to be paid that sum or may order that the award of that pension or allowance is not cancelled, or if it has already been cancelled, order the restoration of that award and may cause to be paid the whole or such part as it may think fit of the arrears of any such pension or allowance: Provided that the amount which may be paid in respect of any sums payment whereof has not been obtained within the aforesaid period of three or as the case may be six months or in respect of any such arrears shall not exceed eighty-one euros and fifty-three cents (81.53). Re-marriage of widows, etc.

1. Where an award under this Scheme has been made to a female person as being the widow or parent of a deceased person, the award shall cease to have effect on the date on which that widow remarries, or on which that parent remarries, or on which that widow and any person, or that parent and any person other than the male parent of the deceased person, begin to live together as man and wife: Provided that where an award to the widow of a deceased person ceases to have effect by virtue of this article and there is a dependent minor of that deceased person in respect of whom an allowance has been awarded to the widow, the Committee may continue the award of that allowance for such period as it may think fit, not exceeding the period for which that allowance could have been paid if that award had not ceased to have effect. PERSONAL INJURIES OF CIVILIANS [ S.L.111.01 23
2. Where an award has been made under any Part of this Scheme which could only have been made if some condition specified in that part of this Scheme were fulfilled, that award shall cease to have effect if and when that condition ceases to be fulfilled. Provisions as to conditions on which awards are made.
3. Where a person to whom any payment could have been made under this Scheme before his death dies before that payment is made, and the amount so unpaid does not exceed eighty-one euros and fifty-three cents (81.53), the opening of succession or other proof of title of the personal representative of the deceased person and any suspension of payment under the provisions of the Duty on Documents and Transfers Act may be dispensed with, and the amount so unpaid may be paid or distributed to or among persons appearing to the Committee to be the persons beneficially entitled to the personal estate of the deceased person or to or among any one or more of those persons and, in determining the persons to whom or the proportions in which the amount so unpaid shall be paid or distributed, the Com mittee may have regard to any payments made or incurred by any such person for or on account of the funeral expenses of the deceased person. Provisions for dispensing with opening of succession. Amended by: L.N. 409 of
4. 42.

(1)Any person to whom a pension or allowance under Part III of this Scheme, or a lump sum in lieu thereof, has been awarded and any person to whom payment of that pension, allowance or lump sum is to be made shall, if and when required by t h e C o m m i t t e e s o t o d o , s u b sc r i b e su c h d e c l ar a t i o n a s t h e Committee may prescribe. Declarations and certificates which may be required. Cap. 364.

(2)Where a declaration is subscribed under sub-article

(1)of this article by a person who is not the person to whom the pension, allowance or lump sum has been awarded, there shall be furnished, if and when required by the Committee, such certificate as the Committee may prescribe.

(3)If such a declaration or certificate as may have been required by the Committee under this article to be subscribed or furnished is not subscribed or furnished, payment of the pension, allowance or lump sum shall be withheld until the requirements of the Committee have been complied with. 43. Subject to the provisions of the Ordinance, the President of Malta may make regulations for the purpose generally of carrying this Scheme into effect, and such regulations may in particular make provision for prescribing (

1. a)the persons by whom, and the form and manner in which applications for awards of injury allowances, pensions and allowances under this Scheme may be made; (
2. b)the records, documents and other information, which must be furnished to the Committee by applicants in connection with such applications as aforesaid or in connection with any injury allowance, pension or allowance, which has been awarded under this Scheme; (
3. c)anything which by this Scheme is to be prescribed. Regulations. 24 [ S.L.111.01 Commencement of Scheme. PERSONAL INJURIES OF CIVILIANS 44.

(1)This scheme shall be deemed to have come into operation on the 8th June, 1941, and that date is herein referred to as the commencement of the scheme.

(2)Payments under this scheme may be made in respect of injuries sustained before the commencement of the scheme provided that, except as allowed by sub-article

(3)of this article, no payment shall be made in respect of any period prior to that date.

(3)In the case of an injury sustained before the commencement of the scheme, if, as a result of that injury, any person has died or has suffered serious and prolonged disablement continuing after the commencement, the Committee may, in its discretion, make a payment not exceeding half the amount which would have been payable during the period from the date of that injury to the commencement of the Scheme had the Scheme been in operation during that period: Provided that no such payment shall be made unless it is shown to the satisfaction of the Committee that the person to or for whose benefit the payment may be made has suffered serious financial hardship as a result of that injury and continues to suffer such financial hardship after the commencement of the Scheme.

(4)In respect of injuries sustained before the commencement of the Scheme any time limits laid down in articles 8

(1), 20 and 21 of this Scheme shall be deemed to be extended until 8th November,

1. SCHEDULE
2. Air Raid Precautions Department.
3. Police (including Police Reserve and Special Constabulary).
4. The Emergency Medical Service of the Department of Health.
5. Demolition and Clearance Service.
6. The Emergency Repair Service of the Telephone Department.
7. The Emergency Repair Service of the Water and Electricity Department.
8. Regional Protection Officers, Protection Officers, District Commissioners and their authorised staffs.