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L.S. 111.02 Regolamenti dwar il-Korrimenti fil-Persuna li jiġru lil Pajżani

[ S.L.111.02 PERSONAL INJURIES OF CIVILIANS SUBSIDIARY LEGISLATION 111.02 PERSONAL INJURIES OF CIVILIANS REGULATIONS 8th June, 1941 GOVERNMENT NOTICE 386 of

  1. The title of these Regulations is Personal Injuries of Civilians Regulations. Title.
  2. In these Regulations, the following expressions have, unless the context otherwise requires, the meaning hereby assigned to them respectively - Interpretation. "allowance" means an allowance under Part III of the Scheme; "claimant", in relation to an injury allowance, pension or allowance, means the person who claims to be awarded that injury allowance, pension or allowance; "grantee", in relation to an injury allowance, pension, allowance or lump sum, means the person to whom that injury allowance, pension, allowance or lump sum has been awarded; "guardian" means the parent, guardian or person having the care of a minor who has not attained the age of fourteen years; "injury allowance" means an injury allowance under Part II of the Scheme; "lodge" means deliver by hand or by post to the Secretary of the Committee; "the Committee" means the Committee appointed by the President of Malta under the Scheme; "pension" means a pension under Part III of the Scheme; "the Scheme" means the Malta Personal Injuries of Civilians Scheme; S.L. 111.01 and all other expressions to which a meaning is assigned by the Scheme have, unless the context otherwise requires, that meaning in the Regulations. 3.

(1)Where a form has been issued or authorised by the Committee for any purpose in connection with the Scheme or these Regulations, hereinafter called "the form", that form only shall be used for that purpose unless the Committee otherwise determines. Completion of forms.
(2)The form shall be completed before it is lodged and shall not be deemed to be completed until all the information required by the form has been furnished and any instructions given as to the manner of its completion have been complied with. 4.
(1)An application for an award of an injury allowance, pension or allowance shall be made by the claimant.
(2)An application for an award of an injury allowance may be made by a person authorised by the claimant in writing to make that application on his behalf. Persons to make applications. 1 2 [ S.L.111.02 PERSONAL INJURIES OF CIVILIANS
(3)An application for an award of a pension to a claimant who has not attained the age of fourteen years shall be made by the guardian of the claimant.
(4)Where the Committee is satisfied that the claimant is incapable of making an application or, in the case of an application for an award of an injury allowance, of authorising some person in writing to make an application on his behalf, they may permit an application to be made on behalf of the claimant by the wife or husband or some other person as they may consider to be a proper person to act, and to be in fact acting, on behalf of the claimant. General provisions as to applications. 5. An application for an award of an injury allowance, pension or allowance shall be made by lodging the application form therefor, and shall be deemed to be made on the date on which that form is lodged. Certificates of incapacity, discharge from hospital, etc. 6.
(1)An application for an award of an injury allowance in respect of an injury shall be made on the form and shall include a certificate which shall (
  1. a)where the claimant is receiving treatment for that injury as an in-patient in a hospital, be a certificate signed by a responsible officer of that hospital certifying that the claimant is receiving such treatment; (
  2. b)in any other case, be a certificate signed by a government medical officer certifying that the claimant is incapable of work by reason of that injury.
(2)An application for an award of a pension or allowance in respect of an injury which is claimed to be causing a person serious and prolonged disablement shall be on the form and shall be accompanied by a certificate which shall (
  1. a)in a case where the disabled person has received treatment in a hospital for that injury, be a certificate by a medical officer of that hospital as to the nature and effects of that injury; (
  2. b)in any other case be a certificate on the form by a government medical officer as to the nature and effects of that injury.
(3)An application for an award of a pension or an allowance in respect of an injury of which the death of a person is claimed to have been the direct result shall be on the form and shall be accompanied (
  1. a)where that person has died in these Islands, by a duly certified copy or extract under the hand of the Director of the Public Registry of the certificate of the death of that person or by a duly certified copy of the entry in the parish register of the death of that person or, if such certificates are not available and if the Committee so directs, such certificate or other evidence as the Committee may require for the purpose of satisfying themselves that that person has died; PERSONAL INJURIES OF CIVILIANS [ S.L.111.02 3 (
  2. b)where that person has died elsewhere, by such certificate or other evidence as the Committee may require for the purpose of satisfying themselves that that person has died. 7. In connection with an injury allowance which may be or has been awarded, there shall be lodged at such times as the Committee may direct, a certificate on the form by a government medical officer that the person to whom that injury allowance may be or has been awarded has, throughout the period in respect of which payment of that injury allowance is claimed, been incapable of work by reason of the injury in respect of which it may be or has been awarded. Certificates of continued incapacity. 8. There shall be lodged in connection with an application for an award of an injury allowance, pension or allowance in respect of a war injury which is claimed to be an injury which may be compensated on the higher scale on the ground that the person who sustained the injury was a gainfully occupied person, such documentary evidence as the Committee may require for the purpose of satisfying themselves that that person was a gainfully occupied person. Evidence of gainful occupation. 9.
(1)An application for an award of an injury allowance, pension or allowance in respect of an injury which is claimed to have been a war service injury sustained by a civil defence worker shall be on the form and shall be accompanied by - Certificates and reports in cases of war service injury (
  1. a)a certificate that the person who sustained that injury was a member of a civil defence organization at the time when the injury was sustained and that the injury was a war service injury in accordance with the definition of "war service injury" contained in article 9 of the Personal Injuries (Emergency Provisions) Ordinance; Cap. 111. (
  2. b)a report about the injury in question.
(2)Such a certificate and report shall be on the form signed by a responsible officer of the civil defence organisation of which the person who sustained the injury was a member at the time when the injury was sustained. 10. Where in connection with an application for, or the continuance of, an award of an injury allowance, pension or allowance the Committee require evidence that a person is incapable of self-support, there shall be lodged at such times as the Committee may direct a certificate on the form signed by a government medical officer with respect to the physical or mental infirmity which renders that person incapable of self-support. Evidence of incapacity for selfsupport, etc. 11. Where in connection with an application for an award of an injury allowance, pension or allowance the Committee require evidence that contributions have been or are being made to the support or maintenance of a person, there shall be lodged at such times as the Committee may direct such documentary evidence as the Committee may require for the purpose of satisfying themselves as to the contributions which have been or are being made to the Evidence of contributions to the support or maintenance of a person. 4 [ S.L.111.02 PERSONAL INJURIES OF CIVILIANS support or maintenance of that person. Evidence that a child over fourteen is at school. 12. Where in connection with an application for, or the continuance of an award of an injury allowance, pension or allowance the Committee require evidence that a child who has attained the age of fourteen years is a child receiving full-time instruction at a school, there shall be lodged at such times as the Committee may direct a statement in writing signed by a principal officer of a school setting out such particulars as the Committee may require as to the attendance of the child at that school. Evidence of birth, marriage, death, etc. 13. There shall be lodged in connection with an application for an award of a pension or allowance such documentary evidence as the Committee may require for the purpose of satisfying themselves with respect to (
  1. a)the date of birth, parentage, marriage or death of any person with respect to whom the Committee require such evidence for the purpose of the Scheme; (
  2. b)the legitimation or adoption of any child with respect to whom the Committee require such evidence for the purpose of the Scheme; (
  3. c)the fact that the applicant is the guardian of the claimant. Evidence of need. 14. Where in connection with an application for, or the continuance of, an award of a pension or allowance the Committee require evidence that the claimant or grantee or some other person is in need, there shall be lodged at such times as the Committee may direct a statement in writing on the form setting out the financial circumstances of the person who is claimed to be in need, and such documentary evidence with respect to those financial circumstances as the Committee may require for the purpose of satisfying themselves that that person is in need. Certificates in respect of injured students and applications. 15. There shall be lodged in connection with an application for an award of a pension in respect of a war injury which it is claimed may be treated as if it were an injury which may be compensated on the higher scale on the ground that it was sustained by the claimant at a time when he was a student or an apprentice, a statement in writing signed by a principal officer of a university, college, school or other educational establishment, or by a person responsible for giving the claimant training for any trade, business, profession, office, employment or vocation, being a statement setting out such particulars as the Committee may require as to the attendance of the claimant at that educational establishment or for that training, as the case may be. Notice of injury in cases of injured children. 16. Where a war injury is sustained by a person who has not attained the age of fourteen years, the notice and particulars required by article 20 of the Scheme shall be given by lodging a notice in writing on the form signed by the guardian of that person setting out such particulars with respect to the injured person, the nature of his injury, the circumstances in which the injury was sustained and otherwise as the Committee may require. PERSONAL INJURIES OF CIVILIANS [ S.L.111.02 5 17. There shall be lodged in addition to or in lieu of any document which is or may be required to be lodged by or under these Regulations, any such statement, certificate, report, form or other documentary evidence or information as the Committee may require for any purpose of the Scheme or of these Regulations. Lodging of further documents, etc. 18. Where any document has once been lodged in connection with any application, it shall not be necessary, unless the Committee otherwise direct, to lodge that document in connection with any subsequent application. Second lodgment of documents dispensed with. 19. Any person who has sustained an injury in respect of which an award may be or has been made or a notice has been lodged pursuant to regulation 16, and any person who is or has been claimed in any application to be incapable of self-support, shall, if and when the Committee require him so to do, submit himself at such time and place as the Committee may direct for medical examination by a medical officer or board of medical officers appointed or recognised by the Committee for the purpose. Medical examinations. 20.
(1)The provisions of this regulation shall have effect with respect to the declaration which may be required by the Committee to be subscribed, and the certificate which may be required by the Committee to be furnished, in accordance with the provisions of article 42 of the Scheme. Lodging of declarations, etc.
(2)The declaration shall be on the form and shall state that the declarant is entitled to receive the amount of the pension, allowance or lump sum which has been awarded, and shall set out (
  1. a)the full name, age or date of birth and place of residence of the grantee and, if the declarant is not the grantee, the full name and place of residence of the declarant; (
  2. b)such particulars with respect to any person in respect of whom the allowance has been awarded as may be required by the Committee; (
  3. c)in a case where the award of the pension or allowance ceases to have effect on the marriage of any person, whether or not that person has married; and (
  4. d)such further particulars as may be required by the Committee.
(3)The declaration shall be signed by the declarant in the presence of an attestor who shall (
  1. a)be a person possessing such qualifications as may be specified in the form of declaration; (
  2. b)state fully the qualification entitling him to attest; and (
  3. c)certify that the declaration was signed in his presence and that he believes the declarant to be the person he represents himself to be: Provided that an attestor shall not be the grantee or the person to whom payment of the pension, allowance or lump sum is to be made or a relative of the grantee or of that person.
(4)The declaration shall, if so required by the Committee, be 6 [ S.L.111.02 PERSONAL INJURIES OF CIVILIANS signed in the presence of an attestor selected by the Committee for the purpose or an attestor possessing such qualification as may be specified by the Committee, being in either case a person possessing a qualification specified in the form of declaration.
(5)The certificate shall be signed by a person possessing a qualification entitling him to attest a declaration in accordance with the provisions of sub-regulation
(3)of this regulation, and shall certify when that person last saw the grantee alive. Payment. 21.
(1)Payment of an injury allowance, pension or allowance shall, subject to the provisions of the Scheme and of these Regulations, be made to the grantee.
(2)Where the person to whom, pursuant to the provisions of the Scheme or of these Regulations, any payment of an injury allowance, pension or allowance would, but for the provisions of this sub-regulation be made, authorises some other person in writing to receive that payment on his behalf, that payment may, if the Committee think fit, be made to that other person: Provided that (
  1. a)any payment of an injury, allowance awarded to a male person who is married may, while that male person is in hospital, be made to his wife without his written authority; (
  2. b)where the Committee are satisfied that the person to whom a payment would, but for the provisions of this sub-regulation, be made is unable, by reason of physical or mental infirmity, to give a written authority to receive payment on his behalf, that payment may be made to such person as the Committee may consider to be an appropriate person to receive that payment on behalf of the person suffering from that infirmity.
(3)Where any payment of an injury allowance, pension or allowance is made in accordance with the provisions of the Scheme or of these Regulations to some person other than the grantee, the receipt of that person shall be a good discharge to the Committee for that payment. Power to administer oaths.
  1. The Committee or any member thereof, is hereby empowered to administer oaths to any person for the purpose of confirming the truth of any statement required under these Regulations. Power to dispense with compliance with regulations.
  2. The Committee may dispense with compliance with any requirement contained in these Regulations if they are satisfied that such compliance ought to be dispensed with.

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