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Chapter 318

Fil-qosor

Din il-liġi tistabbilixxi skema ta' sigurtà soċjali u tgħaqqad flimkien dispożizzjonijiet eżistenti dwar il-ħlas ta' benefiċċji, pensjonijiet, u allowances tas-sigurtà soċjali, kif ukoll assistenza soċjali u medika. Tirregola wkoll il-kontribuzzjonijiet tas-sigurtà soċjali.

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Min tikkonċerna

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Legal text

SOCIAL SECURITY CHAPTER 318 SOCIAL SECURITY ACT To establish a scheme of social security and to consolidate with amendments existing provisions concerning the payment of social insurance benefits, pensions and allowances, social and medical assistance, non-contributory pensions and the payment of social insurance contributions by employees, employers, self-employed and the State. 1st January, 1987 ACT X of 1987, as amended by Acts XX of 1987, XIV of 1988, XVI of 1989, VIII, XVI of 1990, XIII of 1991, VIII of 1992, XXIV of 1993, XXV of 1994, XXVII of 1995, XXI of 1996, XVI, XXII of 1997, VII of 1998, II of 1999; Legal Notices 56, 84 of 1999, 10 of 2000; Act XI of 2000; Legal Notice 21 of 2001; Act VI of 2001; Legal Notices 4, 422 of 2002; Acts II of 2002, XI of 2003; Legal Notice 436 of 2003; Acts II of 2004, III, XIII of 2005, II, VI, XIX of 2006; Legal Notices 100, 101 of 2006, 62, 318, 424 of 2007; Act XXXII of 2007; Legal Notices 105, 149 of 2008; Act II of 2009; Legal Notices 143 of 2009, 437 of 2010; Act IV of 2011; Legal Notices 330, 455 of 2011; Acts I, V of 2012; Legal Notices 117, 218, 342 of 2012; Act IX of 2013; Legal Notices 355 of 2013, 62, 79 of 2014; Acts XII, XXXVI of 2014, XIII, XXXIX of 2015; Legal Notices 123, 258, 302 of 2015; Acts XV, XXVII of 2016; Legal Notices 309, 337 of 2016, XVI of 2017 and Legal Notices 6 of 2018, 44of 2018 and Act VII of 2018 and Legal Notice 195 of 2018 and Act VII and XXIX of 2019 and Legal Notice 94 and 183 of 2019and 251 of 2020, 307 of 2021 and 331 of 2021, Act VIII of 2020, XVIII of 2021 and VII of 2022 and V and XII of 2023 and Legal Notices 55,232 and 257 of 2023 and Acts XIII and XXXIII of 2024 and Legal Notices 10,56 and 282 of 2025 and Act IX and XXX of 2025 and Act III of

  1. ARRANGEMENT OF ACT Part I Part II Part III Part IV Part V Part VI Part VII Part VIII Part IX Part X Part XI Part XII Part XIII Preliminary Insured Persons and Contributions Benefits, Allowances and Particular Pensions Pensions in respect of Widowhood Pensions in respect of Retirement Other Pensions, Benefits and Allowances Miscellaneous Provisions in respect of Pensions, Allowances, Benefits and Assistance payable under this Act Determination of Claims and Questions Administration and Finance Enforcement and Non-Compliance Establishment of a Social Assistance Board and a Welfare Committee Duties, Functions and Special Powers of the Director General Provisions Articles 1-2 3-17 18-30 31-43 44-65 66-88 89-104 105-111 112-115 116-127 128-131 132-133 134-136 SOCIAL SECURITY SOCIAL SECURITY SCHEDULES First Schedule Second Schedule PART I PART II PART I PART II PART III PART IV PART V PART VI PART VII Third Schedule PART VIII PART I PART II PART III PART IV PART V Fourth Schedule Fifth Schedule PART I PART II Sixth Schedule PART I PART II PART III PART IV PART V Seventh Schedule Eighth Schedule PART I PART II Ninth Schedule Tenth Schedule PART I Employments Excepted Employments E x e m p t i o n f r o m t h e p a y m e n t o f C l a s s Tw o Contributions Sickness Assistance Free Medical Aid Age Pension Severe Disability Assistance, Disability Assistance and Assistance for the Visually Impaired Social Assistance C h i l d r e n ’s A l l o w a n c e a n d D i s a b l e d C h i l d Allowance Supplementary Allowance Rates of Sickness, Unemployment, Special Unemployment, and Injury Benefits; Injury Grant and Injury Pension Amounts of Injury Grant Highest Rate of Injury Pension Orphan’s Allowance Orphan’s Supplementary Allowance Industrial Diseases or Injuries Diseases and conditions in respect of which Sickness Assistance may be payable Diseases and conditions in respect of which Free Medical Aid may be accorded Scale of Social Assistance per week, inclusive of any measures under the provisions of article 90A Highest Rate of Age Pension inclusive of any increases under the provisions of article 90A Highest Rate of Increased Disability Assistance, Severe Disability Assistance, Disability Assistance and Assistance for the Visually Impaired per week, inclusive of any increase under the provisions of article 90B Highest Rate of Carer’s Allowance and Increased Carer’s Allowance per week, inclusive of any increase under the provisions of article 90B House Rent Scale rates of means governing Sickness Assistance Scale rates of means governing Free Medical Aid where the head of household is in insurable employment or self-occupied Scale rates of means governing Free Medical Aid where the head of household is neither in insurable employment nor self-occupied Amounts of Sickness Assistance, Milk Grant, Leprosy Assistance and Tuberculosis Assistance Class One Contributions (Employed Persons) SOCIAL SECURITY PART II PART III PART IV PART V Eleventh Schedule Twelfth Schedule Thirteenth Schedule Fourteenth Schedule Class Two Contributions (Self-employed Persons) Class Two Contributions (Self-Occupied Persons) Maternity and Adoption Leave Fund Contribution (Employers) Credited Contributions Contribution Conditions Rates of several kinds of pension Calculation of the Pensionable Income Rates of several kinds of Allowances, Maternity Benefit and a Marriage Grant. SOCIAL SECURITY PART I PRELIMINARY
  2. The short title of this Act is the Social Security Act. 2.

(1)In this Act, unless the context otherwise requires - "allowance" means any allowance payable under this Act; "assistance" means assistance which may be given under this Act; "basic weekly wage" and "basic salary" mean the gross wage or salary that is payable to an employed person by or on behalf of his employer excluding any remuneration for overtime, any form of bonus, any extra allowances, any remuneration in kind and commissions; "beneficiary" in relation to any benefit, pension, assistance or allowance means the person entitled to that benefit, pension, assistance or allowance; "benefit" means benefit which is payable under this Act and includes Bonus, Additional Bonus and Marriage Grant; "benefit year" means the period starting from the first Monday in January and ending on the last Sunday before the first Monday in January of the following year; "care allowance" means an allowance payable under article 76A; "child" means a person who is under the age of sixteen years and includes a stepchild, an adopted child and a child born out of wedlock; "children’s allowance" means an allowance payable under article 76; "claimant" means a person claiming a benefit, pension, assistance or allowance under this Act; "Class One contribution" means a contribution which an insured person pays as an employed person; "Class Two contribution" means a contribution which an insured person pays either as a self-employed person, or as a self-occupied person; "Committee" means the Welfare Committee established by article 130; "Consolidated Fund" means the Consolidated Fund established by article 102 of the Constitution; "contract of service" means an agreement between two persons, whether written, oral or implied, whereby one of the parties (herein called the "employee") who shall always be a physical person, shall be under an obligation to render to the other party (herein called the "employer") services by way of master and servant relationship for definite hours at a specified wage, salary, remuneration in kind or any other benefit or privilege, subject to the right of the employer to exercise control, supervision, direction, and any form of Short title. Interpretation. Amended by: XX. 1987.2; XIV. 1988.3; XVI.1989.3; XVI. 1990.3; VIII. 1992.3; XXIV. 1993.3; XXV. 1994.2,3; XXI. 1996.2; XXII. 1997.2; II. 1999.2; XI. 2000.13; II. 2002.60; II. 2004.17; III. 2005.2; II. 2006.11; VI. 2006.2; XIX. 2006.2; L.N. 424 of 2007; XXXII. 2007.40; L.N. 105 of 2008; II. 2009.22; IV. 2011.28; V. 2012.25; L.N. 218 of 2012; IX. 2013.2; XII. 2014.33; XXXVI. 2014.2; XIII. 2015.82; XV. 2016.47; XVI. 2017.24; VII. 2018.30; VII.2019.27; XVIII.2021.21; VII.2022.31; XIII.2024.16; XI.2025.20; III.2026.21. SOCIAL SECURITY disciplinary action over the employee as to the method of performance of his duties; Cap. 147 Repealed. "contribution" means a contribution payable under this Act or which was payable under the provisions of the National Insurance Act before the date of its repeal; "contribution year" means the period starting from the first Monday in January and ending on the last Sunday before the first Monday in January of the following year; "credited contribution" means a contribution which is not paid by a person but is nonetheless accredited ope legis to him for the purposes of this Act; "Department" means the Social Security Division; "Director" in or in respect of the provisions of this Act, other than those of articles 3 to 11, both inclusive, articles 13, 14, 15, 93
(1), 112, 113, 117
(2), 123 124
(1)and
(2), and save as otherwise provided, means the Director General (Social Security) and includes any public officer of the Department designated by him or any public officer designated by the Minister for a particular purpose or class of purposes; and in or in respect of the provisions of articles 3 to 11 both inclusive, articles 13, 14, 15, 117
(2), 123 and 124
(1)and
(2)and save as otherwise provided, Director means the Commissioner for Tax and Customs and includes any public officer in his Department designated by him; and in or in respect of the provisions of article 93
(1), and save as otherwise provided, Director means the Director responsible for the Department of the Elderly and Community Services, and includes any public officer in his department designated by him; and in or in respect of the provisions of articles 112 and 113 and save as otherwise provided, Director means the Director responsible for the Benefit Fraud and Investigation Directorate and includes any public officer in his Directorate designated by him: Provided that in or in respect of the provisions of articles 114
(2), 116, 119, 120, 121, 122 and 125, the word Director means the Director General (Social Security) or the Commissioner for Tax and Customs, or each of them as the case may require; and in or in respect of the provisions of article 133, the word Director means the Director General (Social Security), or the Commissioner for Tax and Customs, or the Director responsible for the Benefit Fraud and Investigation Directorate or the Director responsible for the Department of the Elderly and Community Services, or each of them, as the case may require; "earnings" means the income derived by a self-occupied person from any economic activity (including the exercise of any trade or profession), and is to be taken net of expenses directly incurred in generating that income, and does not include: (
  1. i)any income derived by way of any interests on any bank deposits (including any liquid assets, time deposits, bonds, stocks, shares or other securities), rents or groundrents receivable on any property, or SOCIAL SECURITY (
  2. ii)any other income, if any, which is not directly related to such economic activity, or (iii) in any case, any income belonging to the spouse of such person; "employed person" means a person who has not yet passed his sixty-fifth birthday and who is employed in insurable employment; "employer" includes a body of persons being a partnership, company, fellowship or society of persons whether corporated or unincorporated and whether vested with legal personality or not, and a body corporate established by law; "father" includes a stepfather and an adoptive father; "Fixed Children’s Allowance'' shall be that specified in the Fourteenth Schedule; "full-time basis and regularly" means physically available at home in a way as will ensure unfailing attendance and attention to and the caring of (
  3. a)for the purposes of article 30
(8)(
  1. i)a relative suffering from mental severe subnormality; or (
  2. ii)a severely disabled relative; or (iii) a relative who is aged 60 years or over; and (
  3. b)for the purposes of article 68, a relative who by reason of infirmity is bedridden or confined to a wheel-chair; "gainfully occupied" means employed in insurable employment or self-occupied; "head of household" in relation to a household consisting of two or more persons means such person as is in the opinion of the Director the head of household; "household" means one person who in the opinion of the Director is living alone or two or more persons who in the opinion of the Director are living together as a family: Provided that (
  4. a)for the purposes of Sickness Assistance claimed in respect of a person who is over the age of sixty years, together with his wife or husband, if any, as the case may be, and children and none of whom is in insurable employment or self-occupied; and (
  5. b)for the purposes of Sickness Assistance in respect of chronic schizophrenia in respect of any member of the household who is not the head of household or his wife, if any, such persons or such couples shall, if it is to their advantage, be considered as forming a household of their own: Provided further that for the purposes of a Free Medical Aid awarded under this Act, the Director may, if he feels that the circumstances of the household so require, exclude from the SOCIAL SECURITY composition of the household any person or persons who would otherwise form part of it; "insurable employment" has the meaning assigned to it by article 5; "insured person" means an employed person or a self-employed person or a self-occupied person in terms of Part II of this Act; "medical treatment" means medical, surgical or rehabilitative treatment including any course or diet or other regimen, and any surgical and pharmaceutical aid; "mental severe subnormality" means arrested or incomplete development of mind, resulting in a marked lack of intelligence which in turn renders the person affected incapable of living an independent life or of guarding himself against serious exploitation or will render him so incapable when of age to do so; "Minister" means the Minister from time to time in charge of the Department and includes any officer designated by the Minister for a particular purpose or class of purposes: Provided that in respect of the provisions of article 93, 130 and 131, and save as otherwise provided, the word Minister means the Minister responsible for the elderly and includes any officer designated by the said Minister for a particular purpose or class of purposes; "mother" includes a stepmother and an adoptive mother; "net income" means total income net of expenses directly incurred in generating that income; "parent" includes a step-parent and an adoptive parent; "pension" means a pension payable under this Act; "pension age" means sixty-five years of age: Provided that; (
  6. i)(
  7. a)saving the provisions of paragraph (
  8. ii)hereof, in the case of a person born on or before the 31st December 1951, pension age shall be sixty-one years; (
  9. b)in the case of a person born during the calendar years 1952 to 1955, pension age shall be sixtytwo years; (
  10. c)in the case of a person born during the calendar years 1956 to 1958, pension age shall be sixtythree years; (
  11. d)in the case of a person born during the calendar years 1959 to 1961, pension age shall be sixtyfour years; (
  12. ii)in the case of a woman born on or before the 31st December 1951, pension age shall be sixty years; "pensionable income" means the average annual basic wage or salary or the net income, or earnings, calculated in accordance with SOCIAL SECURITY the Thirteenth Schedule to this Act; "prescribed" means prescribed by regulations; "regulations" means regulations made by the Minister under this Act and published in the Gazette; "relevant accident" and "relevant injury" mean respectively, in relation to Injury Benefit, Injury Grant or Injury Pension, the accident or injury in respect of which any of the said benefits is claimed or payable; "relevant loss of faculty" means the loss of faculty resulting from the relevant injury; "retirement" means attainment of pension age: Provided that in respect of a person over pension age who is not in receipt of a pension and is still in insurable employment, or is self-occupied or is self-employed, retirement means the date on which he applies for a pension under Part V of this Act or on which he reaches the age of sixty-five years, whichever is the earlier: Provided further that (
  13. a)in respect of a person who at any time is or was in receipt of a pension under this Act payable on or after pension age, retirement means (
  14. i)the date taken as his date of retirement for the purposes of awarding a pension payable after pension age, or (
  15. ii)pension age in the case of any other person; (
  16. b)in the case of a man who dies before reaching pension age and his wife becomes entitled to a Survivor’s Pension in terms of the proviso to article 34, retirement means the date on which such death occurs, or, if such death occurs at a time when he was in receipt of a pension in respect of invalidity under this Act, retirement means the day on which he became such an invalid; "Second Pension" means the mandatory pension scheme referred to in article 64C; "self-employed person" means a person who has not yet passed his sixty-fifth birthday, is ordinarily resident in Malta, and is not an employed person nor a self-occupied person; "self-occupied" means a self-employed person who is engaged in any activity through which earnings exceeding €910 per annum are being derived; "self-occupied homeworker" means a self-occupied person who is engaged by an individual, for the purposes of that individual's business, solely for the execution of manual work which requires no particular trade to be done by the self-occupied homeworker at his home such as the assembly of already finished products which work gives no added value to such products, provided that such selfoccupied homeworker is not so engaged by any other individual and is SOCIAL SECURITY not otherwise gainfully occupied; "Service Pension", means (
  17. i)with effect from the 1st day of April, 1978, a pension or other allowance awarded to a person at any time before or after the aforesaid date that is payable by or on behalf of his employer in respect of past services in Malta or abroad and shall in each and every case be considered on an uncommuted basis, and (
  18. ii)with effect from the 4th January, 1992, where a person is in receipt of two or more Service Pensions, only the higher or highest, as the case may be, of such Service Pensions shall be deemed to be a Service Pension for the purpose of assessing, revising or re-assessing a pension in respect of retirement or invalidity under this Act; so however that, and solely for the purpose of assessing, revising or re-assessing a Retirement Pension in accordance with article 44 and article 47
(1)(i), where a person who is in receipt of two or more such Service Pensions one of which is payable by or on behalf of the United Kingdom Government, the Director shall have the right to elect, on behalf of the person, which of such Service Pensions as aforesaid is to be deemed to be the Service Pension for this latter purpose. So however that the right to such election shall be exercised only once: Provided that, with effect from the 4th January 1992, and solely for the purpose referred to in the foregoing paragraph of this definition, where a Service Pension as aforesaid in this definition has been (a) commuted in part only and the pensioner has reached his 72nd birthday, 50% of the commuted part only of such Service Pension shall be taken into account: Provided that, with effect from 5th January 2019, and solely for the purpose referred to in paragraph (a), where a Service Pension has been commuted in part only and the pensioner has reached the age of seventy-two
(72), twenty-five per cent (25%) of the commuted part only of such Service Pension shall be taken into account: Provided also that, with effect from 1st January 2022, and solely for the purpose referred to in paragraph (a), where a Service Pension has been commuted in part thereof only and the pensioner has reached the age of seventy-two
(72)years, the commuted part shall not still be taken into account when calculating the contributory pension for the purposes of this Act: Provided also that, with effect from 1st January 2024, and solely for the purpose referred to in paragraph (a), where a Service Pension has been commuted SOCIAL SECURITY in part thereof only and the pensioner has reached the age of seventy-two
(72)years, or after twelve
(12)years from when the Service Pension is paid, whichever is the earlier, the commuted part shall not still be taken into account when calculating the contributory pension for the purposes of this Act; and (
  1. b)commuted in whole, only 50% of such Service Pension shall be taken into account, so however that with effect from the 4th October, 1997, where such Service Pension has been commuted in whole, it shall no longer be taken into account for the purposes of this Act; and (iii) with effect from January 6, 1996, net of increases in the amount payable of such Service Pension by way of cost of living increases awarded after January 7, 1995, and (
  2. iv)with effect from October 4, 1997, a pension or other allowance, other than a pension or other allowance which has been commuted in whole, or which does not exceed €466 per annum, net of increases in the amount payable of such Service Pension by way of cost of living increases awarded after the initial award of such Service Pension; and (
  3. v)with effect from the 5th January 2008, for the purposes of calculating the rate of a pension under this Act, a Service Pension net of four hundred and sixty-six euro (€466); (
  4. vi)with effect from the 3rd January 2009, for the purposes of calculating the rate of a pension under this Act, a service pension net of another two hundred euro (€200); (vii) with effect from 1st January 2011, for the purpose of calculating the rate of a pension under this Act, a service pension net of another two hundred euro (€200); (viii) with effect from 7th January, 2012, for the purpose of calculating the rate of a pension under this Act, a service pension net of another two hundred euro (€200); (
  5. ix)with effect from the 5th January 2013, for the purpose of calculating the rate of a pension under this Act, a service pension net of another two hundred euro (€200); (
  6. x)with effect from the 4th January 2014, for the purpose of calculating the rate of a pension under this Act, a service pension net of another two hundred euro (€200); (
  7. xi)with effect from the 3rd January, 2015, for the purpose of calculating the rate of a pension under this Act, a service pension net of another two hundred euro (€200); (xii) with effect from the 2nd January 2016, for the purpose of calculating the rate of a pension under this Act, a service SOCIAL SECURITY pension net of another two hundred euro (€200) and a further €200 shall be deducted with effect from the first Saturday of every calendar year after such date; and (xiii) the Second Pension or the Third Pension which a person may receive shall not be considered as a Service Pension for the purposes of this Act; "severely disabled person" means a person who still has a reasonable expectancy of life or who will be rendered so incapable when of age to do so, owing to a disability arising from (
  8. a)total deafmutism; or (
  9. b)achondroplasia, hypopituitarism, osteogenesis imperfecta or other forms of dwarfism; or (
  10. c)one of the following diseases, namely: Multiple Sclerosis Muscular Dystrophy Neuro Myelitis Optica Spina Bifida Systemic Lupus Erythematosus Haemophilia or any other similar permanent disorder of the blood characterised by chronic or repeated bleeding Hydrocephalus Huntington’s Chorea Cystic Fibrosis T C II Deficiency; Cerebellar Ataxia; Chronic-Granulomatous Disease; Leopard’s Syndrome; Amyotrophic Lateral Sclerosis (ALS); Immotile Cilia Syndrome; or (
  11. d)permanent total paralysis or permanent total severe malfunction or permanent total disease, whether through amputation or otherwise, of both upper or lower limbs; or (
  12. e)epilepsy with a frequency of attacks exceeding four per month, which condition is confirmed by appropriate investigations including an electroencephalogram and so certified by a Government neurologist or psychiatrist provided that the person concerned is not in possession of a driving licence; or (
  13. f)congenital indifference to pain; or (
  14. g)an impairment or condition not listed in any of the previous paragraphs, and that which, in conjunction with any difficulties in terms of the meaning of disability as laid down in this article, produces a disabling effect equivalent to, or greater than the percentage specified in the Fifteenth Schedule, and as confirmed by the interprofessional panel established by article 106(g); "single parent" means a parent who is widowed, separated (whether de facto or de jure), divorced or unmarried who is solely SOCIAL SECURITY and entirely responsible for the upkeep and upbringing of his or her dependant sons or daughters who have not yet reached 18 years of age; "terminally-ill person" means a person who is medically certified to be suffering from a serious illness whose life is not expected to go beyond twenty four months at the maximum from the date of diagnosis of the same illness; "Third Pension" means a retirement scheme set up as a personal retirement scheme in terms of the Special Funds (Regulation) Act or the Retirement Pensions Act; "Umpire" means any umpire appointed under article 107; "visually impaired person" means a person whose visual acuity has been certified by an ophthalmologist to be so low as to render such person unable to perform any work for which eyesight is essential; "widow" means: (
  15. a)the surviving spouse, whether a widow or a widower, of a married couple who immediately prior to widowhood was married to the deceased spouse and had a legal right to be maintained by the other spouse; (
  16. b)surviving cohabitant who immediately prior to the death of the other cohabitant was in a cohabitation registered under the provisions of the Cohabitation Act; (
  17. c)surviving partner who immediately prior to the death of the other partner was in a civil union registered under the provisions of the Civil Unions Act; and (
  18. d)persons who prove to the satisfaction of the Director, by providing the necessary documentation, that they have been living together in similar circumstances to marriage, civil union or cohabitation for at least ten
(10)years immediately prior to the death of one
(1)of the couple living in similar circumstances to marriage, civil union or cohabitation and that the marriage, civil union or cohabitation was not contracted and registered because of such death of one
(1)of the couple, which death occurred between 1st January 2017 and 31st December 2020, and in relation to an actual widow, wherever it appears, husband shall include wife.
(2)For the purposes of this Act (
  1. a)a person shall be deemed to be over or under any age if he has or has not reached that age; (
  2. b)a person shall be deemed to be between two ages if he has reached the lower but has not reached the upper of these two ages; (
  3. c)a person shall be deemed not to have reached any SOCIAL SECURITY particular age until the beginning of the anniversary of the date of his birthday relevant to that particular age.
(3)For the purposes of awarding (
  1. i)a widows’ pension or a retirement pension, in terms of this Act, a person born on or before the 31st December 1961 and who, during the last ten years ending on the last day of the calendar year immediately preceding such person’s retirement or widowhood; or (
  2. ii)an invalidity pension, in terms of this Act, a person who, during the last ten years ending on the last day of the calendar year immediately preceding such person’s becoming an invalid, was an insured person, shall be treated as an employed person, or as a self-employed person, or as a self-occupied person according to t h e n u m ber of ye a r s , o r pa r t t h ereof, h e s pent in i ns urable employment or as a self-employed person, or as a self-occupied person and where the greater number of years, or part thereof, were spent in insurable employment, he shall be treated as an employed person; and where the greater number of years, or part thereof, were spent as a self-employed person, he shall be treated as a selfemployed person; and where the greater number of years, or part thereof, were spent as a self-occupied person, he shall be treated as a self-occupied person: Provided that a person who, in accordance with this subarticle is to be treated as a self-employed person, shall, if it is to his advantage, be treated as an employed person if immediately before the fifteenth year prior to his retirement or invalidity, as the case may be, he was an employed person for not less than twenty years and has continued to be so employed for any period within the said last fifteen years and has not after such period become selfoccupied. PART II INSURED PERSONS AND CONTRIBUTIONS Classes of insured persons. Amended by: XXI. 1996.3. Substituted by: XI. 2003.2. Amended by: III. 2005.3. 3.
(1)Subject to the provisions of this Act, and save as provided for in sub-article
(2), every person who has passed his sixteenth birthday, but not yet reached his retirement, shall become insured under this Act either as an employed person, or as a selfemployed person or as a self-occupied person.
(2)With effect from 5th January, 2004, a married person who is not legally separated or who has not been abandoned by his spouse shall not be deemed to be a self-employed person: Provided that, with effect from the 3rd October, 2003, any married person who is not legally separated or who has not been abandoned by his spouse, and who prior to the 5th January, 2004 was deemed to be a self-employed person, shall, if he so elects, continue to be considered as a self-employed person: Provided further that in the case of any married person who SOCIAL SECURITY is not legally separated or who has not been abandoned by his s p ou s e an d w h o o n th e 4 t h J a n u a r y, 2 00 4 wa s i n i n s u r a b l e employment and who after that date terminated his employment so as to partake of an early retirement scheme, as may be approved by the Minister responsible for finance, or is prior to the said date recognized as such by the Director, such person shall, if he so elects, be deemed to be a self-employed person if on his termination from his employment he satisfies the minimum contribution conditions required in terms of paragraph 2 of the Eleventh Schedule, calculated from his eighteenth birthday up to the date of his termination of his last employment. 4. Subject to the provisions of this Act, a contribution paid prior to the 3rd day of April, 1978, by a non-employed person under the provisions of the National Insurance Act, as in force up to that date, shall be deemed, for the purposes of this Act, to be a contribution payable by a self-employed person who is not selfoccupied. Extension of Class Two contributions. 5. For the purposes of this Act, every employment specified in Part I of the First Schedule to this Act, unless excepted under Part II of that Schedule, shall be an insurable employment: Insurable employment. Amended by: IX. 2013.3. Cap. 147 Repealed. Provided that, with effect from the 5th January 2013, the provisions of this article shall also not apply where the disabled person entered into marriage on or before the 6th of January 2007. 6.
(1)For the purposes of this Act, a person who is not an employed person shall also not be deemed to be a self-employed person or a self-occupied person if such person is (
  1. a)(deleted by Act XI. 2003.3.) (
  2. b)receiving full-time education or training in an educational institution recognised by the Government in terms of the Education Act, whether or not any form of remuneration or allowance is being paid to him during such time in direct or indirect relationship to such education or training unless such remuneration is being paid to him as a self-occupied person; or (
  3. c)a person who was born before the 1st day of January, 1927, and who, prior to the 1st day of April, 1978, was not liable to pay a contribution under the National Insurance Act, as in force prior to the date of the commencement of this Act, and who, at any time after the said 1st day of April, 1978, was not self-occupied; or (
  4. d)with effect from the 5th January 2008, a person in receipt of a pension (other than an Injury Pension) payable under this Act and who is not gainfully occupied: Provided that a widow who, notwithstanding the fact that she is still self-occupied, retains her right to Widows’ Pension under this Act by virtue of subarticle
(2)of article 32 and article 41, shall, nonetheless, be considered as a self-occupied person Persons who are deemed not to be self-employed. Amended by: XX. 1987.3; XVI. 1990.4; XXV. 1994.2,4; XXI. 1996.4; XI. 2003.3; XXXII. 2007.41; XXIX.2019.71. Cap. 147 Repealed. SOCIAL SECURITY for the purposes of this Act; or (e) a person in excepted employment in terms of paragraph 8 of Part II of the First Schedule; (f) in receipt of Social Assistance payable under this Act.
(2)For the purposes of this Act where any of the categories of persons mentioned in paragraphs (a), (b) and (e) of sub-article
(1)are self-occupied, such persons shall be considered as selfoccupied persons. Class One contributions and apportionment thereof. Amended by|: II. 1999.3; XXXII. 2007.42; XXVII. 2016.6. VII. 2018.31; VII.2022.32. 7.
(1)For every person who is employed in insurable employment, three contributions per week shall be payable, in accordance with the provisions of this Act, one by the employed person, one by his employer, and one out of the Consolidated Fund: Provided that for the purposes of this Act, a person who is employed in more than one insurable employment shall be deemed to be employed in that insurable employment which carries the higher or highest basic wage or salary.
(2)Subject to the provisions of this Act: (a) the weekly rates of contributions payable under this Act by an employed person and by his employer respectively shall be those specified in Part 1 of the Tenth Schedule: Provided that, with effect from the 1st January 2007, an employed person whose weekly basic earnings from his employment are less than the equivalent of the National Minimum Wage as is applicable to persons of eighteen years of age or over as established by a National Standard Order issued under the Employment and Industrial Relations Act, shall have the right to elect to pay a contribution at a rate of 10% of his actual basic weekly wage instead of the category B contribution in Part I of the Tenth Schedule payable by the employed person, where applicable, sohowever that with effect from 1st January 2018, the provisions of subarticle
(2)(a) shall only be applicable to part-time employees whose weekly basic earnings from such parttime employment do not exceed the National Minimum Wage: Provided further that, and subject to the provisions of this Act, with effect from 1st January 2022, an employed person who is not in a full-time employment but who has more than one
(1)part-time employment, shall have the right to elect to pay the Social Security Contribution, in accordance with Part I of the Tenth Schedule, on the income from all part-time employments up to a maximum of forty
(40)hours work per week; and (b) the contributions payable under this Act out of the Consolidated Fund shall be 50% of the combined weekly contributions paid by the employee and his SOCIAL SECURITY employer: So however that, where an employer binds himself with Jobsplus, established under the Employment and Training Services Act, to employ a person who is over the age of forty years and who has been registering for more than one year in the Register kept in accordance with the provisions of the Employment and Training Services Act, such employer shall be entitled to retrieve from the said corporation a sum equivalent to twenty-five per cent of the rate of contribution paid by the employer, as his share in respect of such employee, in accordance with Part I of the Tenth Schedule to this Act.
(3)For the purposes of sub-article
(2), where any insurable employment is terminated with one employer during a particular week and is commenced with another employer during that same particular week, the contribution payable in respect of that week shall be paid by the former employer.
(4)The sum to be contributed out of the Consolidated Fund under this article and under article 10, shall be paid in such manner as the Minister responsible for finance may, from time to time, determine. 8.
(1)The employer shall, in the first instance, be liable to pay both the contribution payable by himself and also, on behalf of and to the exclusion of the employed person, the contribution payable by that person and, for the purposes of this Act, contributions paid by the employer on behalf of the employed person shall be deemed to be contributions paid by the employed person.
(2)Notwithstanding any contract or agreement to the contrary, an employer shall not be entitled to deduct from the wages or other remuneration of any person employed by him, or otherwise to recover from such a person the contribution payable by him in respect of that person; and any employer who deducts or attempts to deduct the whole or any part of the contribution payable by him in respect of any such person from the wages or other remuneration of that person, shall be guilty of an offence under this Act and shall be liable, on conviction in respect of each such offence, to a fine (multa).
(3)Where an employed person receives any wages or other pecuniary remuneration from his employer, the amount of any contribution paid by the employer on behalf of the employed person shall, notwithstanding the provisions of any law or any contract or agreement to the contrary, be recoverable by means of deductions from the wages of that person or from any other remuneration due from the employer to that person and not otherwise: Provided that no such deduction may be made from any wages or remuneration other than such as are paid wholly or partly in respect of the contribution week or part of the contribution week Contributions by employed persons and employers. (Class One contributions). Amended by: XVI.1990.5; V.2023.2. SOCIAL SECURITY for which the contribution is payable.
(4)Where an employed person does not receive any wages or other pecuniary remuneration from his employer but receives such remuneration from some other person, the amount of any contribution paid by the employer on behalf of the employed person shall (without prejudice to any other means of recovery) be recoverable by the said employer as a civil debt from the other person from whom the employed person was receiving his wages or other pecuniary remuneration provided proceedings for this purpose are instituted within twelve months from the date on which the contribution was payable.
(5)Notwithstanding the foregoing provisions of this article, where an employer has failed or neglected to pay any Class One contributions which he is liable to pay under this Act, upon the lapse of the ten days referred to in article 116
(2), and if the employer concerned is still failing or neglecting to pay any current contributions due under this Act, the Director may, by notice served on the employer, and on any person employed by such employer, direct that the contributions payable by such employed person shall not, from such date as may be indicated in the notice, be withheld and paid by the employer, and that thereupon such contributions due after that date shall be payable directly by such employed person to the Director in such manner and at such times as the Director may determine.
(6)When the Court is acting in accordance with its powers conferred to it by articles 54
(5)and 59 of the Civil Code, it may order or empower, as the case may be, that part of the contributions paid by an insured person be transferred to the person indicated by the said Court, and such contributions are to be considered, for the purposes of this Act, as having been paid as an employed person by the person to whom they are transferred. Payment of Class One contributions. Amended by: II.1999.
  2. Every employer liable to pay any contribution in respect of an employed person shall, unless with the approval of the Director he has made other arrangements, pay in arrears at monthly intervals at the Department of Inland Revenue, all contributions which are payable by him under articles 7 and 8, within such time and in such form and manner as may from time to time be determined by the Director. Contributions by self-employed persons. (Class Two contributions). Amended by: XIV.1988.4; XXI.1996.5; V.2023.3 10.
(1)Every self-employed or self-occupied person, unless otherwise exempted under the provisions of this Act, shall pay a contribution in accordance with the provisions of this Act.
(2)For every contribution payable by a self-employed or selfoccupied person under this Act, another contribution shall be payable out of the Consolidated Fund.
(3)The rates of contributions payable under this Act by a selfemployed or self-occupied person shall be those specified in Part II and Part III respectively of the Tenth Schedule to this Act for the four months ending on the last day of April, August and December of each year: except where the self-employed person concerned had, up to the 3rd January, 1988, elected to pay a higher rate of SOCIAL SECURITY contribution than that which would otherwise have been payable by him as aforesaid; sohowever that, such election shall, nonetheless, cease to have effect from the 4th January, 1988.
(4)The contribution payable out of the Consolidated Fund under this article shall be equivalent to 50% of the contribution paid by the self-employed or self-occupied person concerned.
(5)When the Court is acting in accordance with its powers conferred to it by articles 54
(5)and 59 of the Civil Code, it may order or empower, as the case may be, that part of the contributions paid by a self-occupied person or a self-employed person be transferred to the person indicated by the said Court, and such contributions are to be considered, for the purposes of this Act, as having been paid as a selfoccupied or a self-employed person by the person to whom they are transferred.
  1. Every self-employed or self-occupied person liable to pay a Class Two contribution in accordance with article 10 shall, unless with the approval of the Director he has made other arrangements, pay his contributions in arrears at intervals of four months ending on the last day of April, August and December of each year. Payment shall be made at the Malta Tax and Customs Administration in such form and manner as may from time to time be determined by the Director. Payment of Class Two contributions. Amended by: XXI.1996.6; II.1999.5; III.2026.
  2. 12.
(1)A self-employed person who satisfies the Director that he is not self-occupied and whose yearly means calculated in accordance with the provisions of Part I of the Second Schedule to this Act, do not exceed - Exemption from payment of Class Two contributions. Amended by: XXI. 1996.7; III. 2005.4; L.N. 424 of 2007; XXXII. 2007.42; XXXIX. 2015.2; VII.2018.32. (
  1. i)€1470 in the case of a married person who is wholly maintaining a spouse and who is not selfoccupied or in insurable employment; or (
  2. ii)€1,005 in the case of any other person; shall be entitled, on making an application to the Director, to receive a certificate of low income valid for twelve months and while he holds such a certificate, and as long as there is no relevant change in circumstances, he shall be exempted from the payment of Class Two contributions. So however, that such self-employed person may opt to pay a Class Two contribution at the SP category in the case of a single person, and at the SA category in the case of a married person, in lieu of a certificate of low income.
(2)If a person in respect of whom sub-article
(1)applies is a married person who is legally separated and who is not gainfully occupied, then such person may opt to have any maintenance paid to him by the other spouse excluded from the calculation of means made in accordance with the provisions of Part I of the Second Schedule.
(3)If a person in respect of whom sub-article
(1)applies fails to renew such certificate within three months of its expiry, such person may, at the discretion of the Director, become liable to pay a Class Two contribution at the SP category in the case of a single person, and at the SA category in the case of a married person, SOCIAL SECURITY payable within such time as may be fixed by the Director.
(4)A self-occupied person who, in accordance with the provisions of this Act, is liable to pay a Class Two contribution on his net earnings may, if such person so elects, be exempted from the payment of a Class Two contribution on earnings derived from the provision of services as a host family: S.L. 409.10 Payment of the Class One contribution by persons employed outside Malta. Amended by: XIII.1991.3. Provided that for the purposes of this sub-article, the term ''host family'' shall have the meaning assigned to it by the Host Family Accommodation Regulations made by virtue of the Malta Travel and Tourism Services Act.
(5)A self-occupied homeworker as defined in article 2 who, in accordance with the provisions of this Act, is liable to pay a Class Two contribution as a self-occupied person on his net earnings may, if such person so elects, be exempted from the payment of a Class Two contribution on earnings derived if such net earnings do not exceed 50% of the National Minimum Wage as is applicable to persons of eighteen years of age or over as established by a National Standard Order issued under the Employment and Industrial Relations Act. 13.
(1)A person who (
  1. a)is employed under a contract of service outside Malta in such manner that he is not in insurable employment, and (
  2. b)retains his ordinary residence in Malta, may, at his request and with effect from such date, not being later than the date of such request, as the Director may determine, instead of paying a Class Two contribution, pay a Class One contribution; and, for this purpose, no contribution shall be payable by or on behalf of or in respect of his employer.
(2)The contribution payable under sub-article
(1)of the article shall be paid in the same form and manner and at the same intervals as for contributions payable by self-employed persons in accordance with article 11; and such contributions shall remain payable in respect of any period during which the conditions specified in sub-article
(1)(a) and (b), continue to apply. Payment of a Class Two contribution in lieu of a Class One contribution. Amended by: XXI.1996.
  2. A person who is liable to pay a Class One contribution under articles 7, 8 and 9 and who is also self-occupied, may, at his request and with the approval of the Director, pay a Class Two contribution instead of a Class One contribution; thereafter such person may not revert to a Class One contributor unless and until he ceases to be self-occupied and informs the Director of such change: Provided that the Director shall not give his approval unless the applicable rate of Class Two contributions as payable by the self- occupied person himself exceeds the aggregate applicable rate of Class One contribution payable by the employer and by the employed person; and he shall revoke such approval with effect from such date which he determines to be the date on which the said condition ceases to be satisfied. SOCIAL SECURITY 15.
(1)A self-occupied person who is liable to pay a Class Two contribution under the provisions of this Act, other than those of article 14, and who is engaged by another person to perform services as an outworker or as a tourist guide or as a driver of a Government impressed vehicle shall be entitled to receive from such person or from Government, as the case may be, in addition to the remuneration due to him under the terms of his agreement, an amount corresponding to 1/16 of the remuneration payable for such services, towards the payment of Class Two contributions payable under this Act by such a self-occupied person.
(2)Contributions by certain categories of persons. Amended by: XIII. 1991.4; VIII. 1992.4; XXI. 1996.9’ II. 1999.6; II. 2004.18; XXXII. 2007.44; XII. 2014.34; IX.2025.21. Repealed by Act II. 2004.18.
(3)For the purposes of sub-article
(1), "outworker" means a person engaged to perform services in the physical manufacture of any article in his own time and in a place not provided by the person with whom he is so engaged, and who is remunerated at piece rates, and "Government impressed vehicle" means any vehicle which is impressed by Government in accordance with any procedure which is laid down by Government for this purpose.
(4)With effect from the 5th January, 1998, a self-occupied person who is engaged as a casual social assistant by the Department for the Care of the Elderly, shall be entitled to retrieve from the Director, Care of the Elderly, the equivalent of the increase in the rate of the social security contribution payable by such person as a result of the cost-of-living increase awarded by Government in the rate of the national minimum wage as is payable to persons of eighteen years of age or over under the provisions of the Employment and Industrial Relations Act.
(5)With effect from the 7th January 2008, an employer who employs a severely disabled person or a visually impaired person in terms of this Act, shall be entitled to receive from the Government an amount corresponding to the share of social security contributions paid by the said employer in terms of this Act for the first 156 weeks of employment of the said person.
(6)With effect from the 7th January 2008, a person who is a severely disabled person and who employs a person as a carer shall be entitled to receive from the Government an amount corresponding to the share of social security contributions paid by such person as an employer in terms of this Act: Provided that, notwithstanding the provisions of this article, with effect from the 6th January 2014, an old person and, or a person who is certified to have a disability upon the advice given by the medical panel in accordance with article 106, who employs another person to take care of him or her, shall be exempted from t h e p a y m e n t o f t h e e m p l o y e r ’s p a r t o f t h e S o c i a l S e c u r i t y contributions payable according to this Act.
(7)With effect from the 7th January 2008, a person who (
  1. a)is over 45 years of age; and (
  2. b)has not been in gainful occupation for a minimum of five consecutive years; and SOCIAL SECURITY (
  3. c)has obtained a licence in accordance with the Trading Licences Act to carry out a self-occupation, shall be entitled to receive from the Government an amount corresponding to the amount of contributions payable under this Act from such self-occupation for the first 52 weeks. Crediting of contributions. Amended by: XX. 1987.4; XVI. 1990.6; XIII. 1991.5; VIII. 1992.5; XXI. 1996.10; II. 2002.61; XIX. 2006.3; XXXII. 2007.45; V. 2012.26; L.N. 218 of 2012; IX. 2013.4; XV. 2016.48; XVI. 2017.25; VIII.2020.27; V.2023.4; XII.2023.24; XIII.2024.17; IX.2025.22. 16.
(1)When a person pays his first contribution under this Act he shall become entitled to a credited contribution for every calendar week falling between the first day of the contribution year immediately preceding the one in which he paid his first contribution and the last day of the calendar week immediately preceding the week in respect of which his first contribution had been paid; and, for this purpose, if the first contribution had been paid under the provisions of the National Insurance Act, as in force prior to the commencement of this Act, such contribution shall be deemed to have been paid under the provisions of this Act.
(2)Contributions shall be credited to (
  1. a)an actual widow, where such actual widow is not gainfully occupied, and whether she is entitled to a pension in respect of widowhood or not, for any period during which she does not remarry and provided her deceased husband had paid 156 contributions prior to his death; (
  2. b)with effect from the 5th January, 1987, an ex-member of the Malta Police Force or of the Armed Forces of Malta who retires or has retired from the service on a full pension from Government as his employer on completion of service prior to reaching pension age, for any period during which he is not gainfully occupied and has not yet reached pension age; (
  3. c)any citizen of Malta who goes abroad as a volunteer worker on projects in the areas of human welfare and development and environmental protection which are recognized as such by the Minister in advance, for any period during which he is performing such volunteer work and has not yet reached pension age; sohowever that, for this purpose, any such number of credited contributions shall in no case exceed an aggregate of 260 in any period of 10 years in such volunteer work, provided that: (
  4. i)where any such volunteer work as aforesaid in this paragraph was performed between the 5th January, 1981 and the 6th January, 1991 the foregoing provisions of this paragraph shall also apply if the Minister is satisfied that the projects on which such volunteer work was performed were restricted to the areas aforesaid in this paragraph; sohowever that any credited contributions that have to be awarded in accordance with the foregoing provisions of this paragraph shall cover consecutive periods SOCIAL SECURITY (
  5. ii)starting from the 6th January, 1991 backwards; where any such volunteer work is carried out in Malta or abroad, by young persons who have not yet reached 25 years of age, the maximum number of weeks in credited contributions shall be awarded for a maximum period of 260 weeks in so far as the young person returned in insurable employment or self-occupation for a period of not less than five years; (
  6. d)the father or the mother, who have attained the age of eighteen years and born on or after the 1st January 1952, has the legal care and custody of a child who has not attained the age of six years, or the age of ten years in the case of a child who has been certified by a medical consultant as, during the period for which the credit is being requested having a serious disability, or suffering from a rare condition or disease: Provided that the sum total of such credited contributions which may be given with regard of each child to a parent or to both parents together shall not exceed 104 contributions in any period of two years such that on the first three children, the accredited contributions which may be given to a parent or to both parents together who were born between 1st January 1952 and 31st December 1961, shall not exceed 312 contributions in any period of six years; whilst the sum total of such credited contributions which may be given with regard of each child to a parent or to both parents together who were born on or after 1st January 1962 shall not exceed 208 contributions in any period of four years sohowever that the maximum of credited contributions which may be given on the first three children to a parent or to both parents together who were born on or after 1st January 1962 shall not exceed 624 contributions in any period of twelve years: Provided further that in the case of a parent who, to the satisfaction of the Director, presents a certificate from a medical consultant of a child having a serious disability during such period for which credits are requested, the sum total of such credited contributions that may be awarded in respect of each and every such child shall not exceed 208 contributions in any period of four years where the parent was born between 1st January 1952 and 31st December 1961, and shall not exceed 416 contributions in any period of eight years where the parent was born on or after 1st January 1962: Provided further that in the case of a parent who proves to the Director that he is taking care of a child suffering from a rare disease or disorder which affects less than one
(1)in two thousand (2,000) Maltese residents, as SOCIAL SECURITY certified by a medical consultant or practitioner specialising in such field and that such condition requires constant care and attention in a manner that such parent is unable to maintain full-time or part-time employment, during such period of which contribution credits are requested, the sum total of such credited contributions that may be awarded in respect of each and every such child shall not exceed two hundred and eight
(208)contributions in any period of four
(4)years where the parent was born between 1st January 1952 and 31st December 1961, and shall not exceed four hundred and sixteen
(416)contributions in any period of eight
(8)years where the parent was born on or after 1st January 1962: Provided also that any period of credited contributions that may be awarded from the fourth child onwards, which total sum for each child shall not exceed 52 credited contributions to that parent or parents together who were born between the 1st January 1952 and the 31st December 1961, and 104 credited contributions for each child to that parent or parents together who were born on or after 1st January 1962, shall only be awarded insofar as, prior to the pension age, such father or mother, as the case may be, resumes gainful occupation for a minimum period equivalent to that period for which such number of credits would have been awarded for the fourth child onwards, sohowever that, in the event of the death of any such parent, such credits shall still be awarded notwithstanding that the minimum period required according to this proviso for the award of such credits shall not have been satisfied; (
  1. e)persons who were born after the 1st January 1952 for periods during which the Social Security contribution due was not paid because they were undergoing a period of study according to Part V of the Tenth Schedule and qualified of such level; (
  2. f)persons in insurable employment who terminate their employment so as to partake of an early retirement scheme, as may be approved by the Minister responsible for Finance, or are prior to the said date recognized as such by the Director, from the age of 60 until they reach pension age; (
  3. g)a person born on the 1st January 1962 or after, who did not engage in any gainful occupation between the age of eighteen
(18)years and thirty
(30)years and proves to the satisfaction of the Director that during this period he has been undergoing regular treatment by a psychiatrist who is or was consultant in Government employment, the sum total of such credited contributions that may be awarded for such period, which shall not exceed one hundred and four
(104)contributions: SOCIAL SECURITY Provided that the total of such credited contributions that may be awarded for such period, shall not exceed one hundred and four
(104)contributions in the case of a person who successfully concludes a programme in a therapeutic community centre for the rehabilitation of drug or alcohol addicts in Malta, as may from time to time be recognised by the Minister and starts working.
(3)A contribution shall also be credited to any insured person (
  1. a)for any calendar week for each day of which in terms of articles 18, 28 and 30 he is entitled to Sickness Benefit, or Injury Benefit, or Unemployment Benefit, or Special Unemployment Benefit, or for any calendar week during which he is entitled to Invalidity Pension, Increased Invalidity Pension or, prior to reaching pension age, a National Minimum Pension under article 26, or for any calendar week during which he is entitled to a Carer’s Allowance or Increased Carer’s Allowance under article 68 and at any time prior to his becoming entitled to a Carer’s Allowance or Increased Carer’s Allowance as aforesaid in this paragraph was employed in insurable employment or was self-occupied and immediately prior to his becoming entitled to such Carer’s Allowance or Increased Carer’s Allowance had (
  2. i)paid a total of 156 contributions; and (
  3. ii)paid or been credited with an average of at least fifteen
(15)contributions per annum; since attaining his 18th birthday: So however that, with effect from the 5th January 2013, the provisions of this sub-article shall also apply to persons who are not entitled to a Carer’s Allowance who who fail to satisfy the conditions of Part IV of the Second Schedule but fulfil the criteria stipulated by the provisions of article 106(a): Provided that, notwithstanding the provisions of this subarticle, with effect from 1st January 2023, a person entitled to a Carers Allowance or an Increased Carers Allowance in accordance with the provisions of article 68 and who fails to satisfy the conditions mentioned in this sub-article, shall be entitled to a total of two hundred and eight
(208)credited contributions: Provided that with effect from 1st January 2025, the provisions of this sub-article shall also apply to persons entitled for the Carers Grant in accordance with the provisions of article 68. SOCIAL SECURITY (
  1. b)if he is normally employed in insurable employment or self-occupied and normally relies on such employment or self-occupation for his livelihood, for any calendar week each day of which is for him a day of incapacity for work or, a day of unemployment and either registered in the Register kept in accordance with the provisions of the Employment and Training Services Act, or certified by the Corporation established by the Act aforesaid to be unemployable and for this reason is registered in the said Register: Provided that the provisions of this paragraph shall not apply where (
  2. i)had such person not been self-occupied immediately prior to his incapacity for work, he would not have become entitled to a certificate of low income under and in accordance with the provisions of article 12; (
  3. ii)such person had not been in insurable employment of self-occupation or registered in the Register kept in accordance with the provisions of the Employment and Training Services Act, or certified by the Corporation established by the Act aforesaid to be unemployable, and for this reason is registered in the said Register, immediately before his entitlement to a credit in terms of this paragraph; (iii) that person was born on or after the 1st January 1969 and reaches the amount of credited contributions for every calendar week during which each day thereof is a day of unemployment for such person according to paragraph (b), which is equivalent to the amount of contributions which such person will have paid during the preceding period; (
  4. c)for any calendar week falling between 1st April, 1978, and 5th January, 1990, during which he would have been entitled to an Invalidity Pension were it not for the fact that such pension had been fully abated in accordance with the provisions of that Act as in force up to the 5th January, 1990; (
  5. d)for any calendar week, with effect from the 7th January 2008 where such insured person ceases to register in the Register established under the Employment and Training Services Act, to take up temporary work for a period not exceeding thirteen consecutive weeks and where, for such period of temporary work, a contribution in terms of this Act is not due; (
  6. e)for any calendar week, with effect from the 2nd January, 2012, for which according to article 72 such person would be entitled to Maternity Leave Benefit and for which a contribution in terms of this Act was SOCIAL SECURITY not due.
(4)A contribution credited under this article for any calendar week shall be (
  1. a)a Class Two contribution if it is credited on the ground that the person (
  2. i)is an actual widow to whom sub-article
(2)(
  1. a)applies; or (
  2. ii)is entitled to Sickness Benefit or to Injury Benefit or to an Invalidity Pension or to an Increased Invalidity Pension or, prior to reaching pension age, to a National Minimum Pension, or to a Carer’s Pension, and when last gainfully occupied prior to becoming entitled to such benefit or pension as aforesaid in this subparagraph was a self-occupied person; (iii) is entitled to such a credited contribution in virtue of sub-article
(3)(
  1. c)and (
  2. d)and immediately prior to his becoming an invalid was a self-occupied person; (
  3. b)a Class One or a Class Two contribution if awarded in terms of sub-article
(2)(d), as the case may be; (c) a Class One contribution in any other case; Provided that a credit awarded in terms of sub-article
(2)(d) shall only be valid for the purposes of awarding a pension in terms of Part IV and Part V of this Act.
(5)Where a contribution is credited under this article only one contribution shall be credited to a person for any one calendar week, and no contribution shall be credited for any one calendar week for which a Class One or a Class Two contribution is payable by or in respect of him under this Act.
(6)A contribution which prior to the 3rd day of April, 1978 had been credited as a Class Three contribution under the provisions of the National Insurance Act, as in force up to that date shall be deemed to be a credited Class Two contribution in respect of a person who was not self-occupied.
(7)Part of the contributions credited to any person under this article, may be transferred to another person by order, decree or sentence of the Court when it is acting in accordance with its powers conferred to it by articles 54
(5)and 59 of the Civil Code, and such contributions are to be considered, for the purposes of this Act, as credited to the person to whom they are transferred.
(8)Notwithstanding the provisions of sub-article
(1), a mother who commences insurable employment after the birth of a child shall be entitled to credited contributions for every calendar week in accordance with the provisions of sub-article
(2)(d). Cap. 147 Repealed. Contributions visà-vis entitlement to certain benefits and pensions. Amended by: XIII. 1991.6; VIII. 1992.6; XXXII. 2007.46; IV. 2011.29; VII.2019.28. SOCIAL SECURITY 17.
(1)The contribution conditions for the payment of Sickness Benefit, Unemployment Benefit and Special Unemployment Benefit payable in accordance with articles 18 and 30 shall be as set out in the Eleventh Schedule to this Act.
(2)The contribution conditions for the payment of a pension under article 26, Part IV (other than a Survivor’s Pension) and Part V (other than a Two-Thirds Pension) of this Act shall be as set out in the Eleventh Schedule to this Act.
(3)For the purposes of determining whether a person is entitled to any one of the benefits referred to in sub-article
(1), insofar as contributions are concerned (a) Class One contributions paid at any time in respect of fictitious employment and any Class One contributions credited in accordance with article 16
(4)(b) in virtue of sub-article
(2)(
  1. b)of the said article 16 shall not be taken into account; (
  2. b)Class Two contributions, whether paid or credited, shall not be taken into account in connection with (
  3. i)any claim for Unemployment Benefit, or Special Unemployment Benefit: Provided that, with effect from the 5th January 2019, the provisions of sub-paragraph 3(b)(
  4. i)shall cease to apply; and (
  5. ii)any claim for Sickness Benefit, unless the Director is satisfied that such contributions had been paid in respect of periods during which the person concerned was self-occupied; (
  6. c)Class One and Class Two contributions paid, for any period following January 7, 2008, by any person in receipt of a pension under Part V of this Act shall not be taken into account.
(4)For the purpose of determining whether a person is entitled to any one of the pensions referred to in sub-article
(2), insofar as contributions are concerned (a) Class Two contributions deemed to be so by virtue of article 4 and of article 16
(5), Class Two contributions which have not been paid from a gainful activity, Class One contributions credited in accordance with article 16
(4)(b) in virtue of sub-article
(2)(b) of the said article 16 and Class Two contributions credited in accordance with article 16
(4)(a)(
  1. i)shall not be taken into account in connection with any claim for a pension under article 26; (
  2. b)Class One contributions paid at any time in respect of fictitious employment shall not be taken into account in connection with any claim for a pension (other than a pension payable under Part IV of this Act) referred to in sub-article
(2)save as provided for in article 55; (c) Class One and Class Two contributions paid for any SOCIAL SECURITY period following January 7, 2008 by any person in receipt of a pension under Part V of this Act shall not be taken into account for the reassessment of any pension under Part IV and Part V of this Act.
(5)Where a person would be entitled to a pension payable under the articles referred to in sub-article
(2)but for the fact that the relevant contribution conditions are not satisfied as regards the yearly average of contributions paid or credited, that person shall nevertheless be entitled, if the said yearly average is not less than 20, to a pension of that kind at the reduced rate specified for a pension of that kind in the Twelfth Schedule to this Act.
(6)For the purposes of this article, insofar as contributions are concerned, any Class One contributions paid by an insured person in any contribution year under the proviso to article 7
(2)(
  1. a)shall be multiplied by: (
  2. a)the proportion of the actual total value of contributions paid by the employee and the employer during a contribution year, in accordance with Category B of Part 1 in the Tenth Schedule to this Act, bears to the full value of contributions that would have been due under the provisions of this Act during the said contribution year, had the employee concerned not opted to pay his contributions according to article 7
(2)(a); and (
  1. b)for the purposes of determining entitlement to any benefit, pension, grant or allowance, the resulting number of such weighted contributions for that contribution year as calculated in terms of paragraph (
  2. a)of this sub-article, shall be considered as the actual number of contributions paid by and in respect of the employee during the said contribution year for such benefit, pension, grant or allowance under this Act.
(7)For the purposes of this article, insofar as contributions are concerned, any Class Two contributions paid by an insured parttime female self-occupied person in any contribution year after the 3rd January 2011 at a rate which is below the maximum rate for category SA established in Part III of the Tenth Schedule, shall be multiplied: (
  1. a)by the proportion of the actual total value of pro-rata SA contributions paid by the part-time self-occupied person during a contribution year, in accordance with Part III in the Tenth Schedule, bears to the full value of contributions that would have been due under the provisions of this Act during the said contribution year, had the self-occupied person concerned not opted to pay a pro-rata contribution according to the Tenth Schedule; and (
  2. b)for the purposes of determining entitlement to any benefit, pension, grant or allowance, by the resulting number of such weighted contributions for that contribution year as calculated in terms of paragraph SOCIAL SECURITY (a), and shall be considered as the actual number of contributions paid by and in respect of the selfoccupied person during the said contribution year for such benefit, pension, grant or allowance under this Act. PART III BENEFITS, ALLOWANCES AND PARTICULAR PENSIONS Sickness Benefit. Amended by: XX. 1987.5; XVI. 1989.4; XIII. 1991.7; VIII. 1992.7; XXV. 1994.2; XXVII. 1995.2; XXI. 1996.11; VI. 2006.3; I. 2012.2; VII.2018.34; VIII.2020.28; XII.2023.25; XIII.2024.18. 18.
(1)Subject to the provisions of this Act, an insured person who has not yet reached his retirement age and who satisfies the relevant contribution conditions, shall be entitled to Sickness Benefit in accordance with Part I of the Third Schedule for any day of incapacity for work, excluding any day in which, whether incapacitated or not, such person would not have been required to attend to work in the normal course of his duties, sohowever that, and notwithstanding the provisions of article 90, with effect from 1st January 2018, the provisions of this article will also apply to a widow who is in receipt of a Pension under Part IV of this Act, who is in an insurable employment, who has not yet reached pension age, and who has dependent children under the age of 23: Provided that and notwithstanding the provisions of article 90, with effect from 1st January 2023, the provisions of this article shall also apply to a widow who is in receipt of a Pension under Part IV of this Act, who is in an insurable employment, and who has not yet reached pension age: Provided further that in any uninterrupted period of incapacity for work, the maximum number of consecutive days in respect of which Sickness Benefit may be paid shall, in no case, exceed six: Provided further that where an insured person becomes entitled to benefit as aforesaid in this sub-article, if his spell of incapacity for work extends into a new benefit year which is related, in terms of the Eleventh Schedule, to two consecutive contribution years during which less than twenty contributions had been paid or credited in his respect, such person shall, nonetheless, but save as provided for in sub-articles
(5)and
(6), remain entitled to Sickness Benefit as aforesaid in this sub-article till the last day of such spell of incapacity for work.
(2)Such Sickness Benefit shall not be paid for the first three days of each spell of incapacity for work in respect of which it would otherwise be payable in terms of sub-article
(1)hereof: Notwithstanding the provisions of sub-article
(2), for a person who proves to the satisfaction of the Director that he is under ongoing treatment in or by means of the Sir Anthony Mamo Oncology Centre, the payment of sickness benefit may be approved by the Director for any further number of days, including the first three
(3)days of each spell of incapacity for work, during an effective period not exceeding one
(1)year from commencement of such treatment, however such effective period may be extended for SOCIAL SECURITY more than one
(1)year following medical advice obtained from the Sir Anthony Mamo Oncology Centre: Furthermore, for a person who is certified by a multi-disciplinary panel, appointed as provided by article 106, to be suffering from Fibromyalgia or Myalgic Encephalomyelitis, and satisfies the medical eligibility criteria, as updated from time to time by the Ministry responsible for Health, the payment of sickness benefit may be approved by the Director for any further number of days, including the first three
(3)days of each spell of incapacity for work, during an effective period not exceeding the calender year
(1)in which the first claim for sickness benefit is submitted.
(3)A self-employed person shall not be entitled to Sickness Benefit unless the Director is satisfied that the person making the claim for such benefit is normally self-occupied and would have been self-occupied but for that incapacity.
(4)For the purposes of this article, a day shall not be treated as a day of incapacity for work unless the person concerned proves to the satisfaction of the Director that he is incapable for work on that day by reason of some specific disease or bodily or mental impairment or that he is under treatment or observation for a disease or a bodily or mental impairment as aforesaid.
(5)Save as provided for in paragraph (
  1. d)of the proviso to article 106, Sickness Benefit shall be paid for any day of incapacity for work but shall not exceed in the aggregate a maximum of 156 days in any calendar year; sohowever that where the person making a claim for such benefit (
  2. a)undergoes any major surgical operation or intervention or suffers a severe injury or is afflicted by some serious disease which requires a long treatment before such person may resume work, payment of Sickness Benefit as aforesaid in this sub-article may be approved by the Director for any further number of days, not exceeding 156, beyond the limit aforesaid in this sub-article as may be deemed fit by the Director in the circumstances of the case and provided that in any such case the aggregate maximum number of days payable by way of Sickness Benefit within any twoyear period, calculated on a calendar basis, shall not exceed 468: Provided that, with effect from 1st Janaury 2024 and notwithstanding the provisions of this Act, where the person making a claim for such benefit undergoes any major surgical operation or intervention or suffers a severe injury or is afflicted by some serious disease which requires a long treatment before such person may resume work, payment of Sickness Benefit as aforesaid in this sub-article may be approved by the Director for any further number of days, not exceeding one hundred fifty-six
(156)days, beyond the limit aforesaid in this sub-article as may be deemed fit by the Director in the circumstances of the case, and provided that in any such SOCIAL SECURITY case the aggregate maximum number of days payable by way of Sickness Benefit within any two
(2)year period, calculated on a calendar basis, shall not exceed four hundred sixty-eight
(468)days, so however that, with the exception of the first one hundred fifty-six
(156)days, the person shall be entitled to the Increased Sickness Benefit equivalent to the rate of the National Minimum Invalidity Pension as specified in the Twelfth Schedule; (b) has previously been paid any benefit under the provisions of this article or any Unemployment Benefit or Special Unemployment Benefit under the provisions of article 30, the grand total of benefit days by way of these benefits added together shall, in no case, exceed at any time the grand total number of reckonable contributions paid by the person concerned: Provided that if the person making a claim for such benefit is disqualified from receiving such benefit in accordance with subarticle
(6), such person shall have his entitlement to Sickness Benefit for that calendar year during which the disqualification is imposed reduced by the number of days of such disqualification.
(6)A person shall be disqualified from receiving Sickness Benefit for any period as may be decided by the Director (
  1. a)if he has refused medical examination as may have been required by the Director or, without good cause, failed to attend for, or to submit himself to, such medical examination as may have been required by the Director or, without a good medical reason, failed to submit himself to such medical treatment as may have been appropriate in his case; or (
  2. b)if he has behaved in a manner likely to retard his recovery; or (
  3. c)if he is absent without good cause from his place of residence. Types of Medical Assistance. 19. Medical Assistance shall be of the following kinds: (
  4. a)Sickness Assistance; (
  5. b)Leprosy Assistance; (
  6. c)Tuberculosis Assistance; (
  7. d)Free Medical Aid; (
  8. e)Milk Grant. SOCIAL SECURITY 20.
(1)Subject to the provisions of this Act, a person who is the head of household shall be entitled to Sickness Assistance under this article if he proves to the satisfaction of the Director that (
  1. a)he, or a member of his household, is suffering from a disease, or is in a condition, mentioned in Part I of the Fifth Schedule to this Act, which could be alleviated or cured by a special diet or regimen which requires an expenditure not normally incurred by the household, and the person in respect of whom such assistance is claimed is neither an employed person nor a selfoccupied person; sohowever that, in the case of a person who on the date of claim for such assistance is suffering from chronic schizophrenia, whether or not this condition could be alleviated or cured by a special diet or regimen, entitlement to Sickness Assistance would still accrue if the person who is suffering from such a condition proves to the satisfaction of the Director that he has been undergoing regular treatment for such a condition for at least 3 years and that within the 3 months immediately prior to his claim for such assistance his condition had been investigated by a psychiatrist who is or was a consultant psychiatrist in Government employment and certified by the said psychiatrist to be suffering from such a condition; (
  2. b)with effect from 1st January 2016 an unmarried person who lives with his or her parents, where none of the parents is gainfully occupied and one of the parents is in receipt of a pension under Parts IV and V and under articles 26 and 66, who on the date of the claim for such assistance is medically certified: (
  3. i)as suffering from a terminal disease, or (
  4. ii)as suffering from a bi-polar disorder psychotic depression, or entitlement to Sickness Assistance shall still accrue, provided that in the case of the condition referred to in sub-paragraph (ii), the person suffering from that condition proves to the satisfaction of the Director that he or she has been undergoing regular treatment for such a condition for at least three years and that within the three months immediately prior to his or her claim for such assistance his or her condition had been investigated by a psychiatrist who is or was a consultant psychiatrist in Government employment and certified by the said psychiatrist to be suffering from such a condition: Provided that, with effect from 1st January 2019, a person who is the head of household shall be entitled to Sickness Assistance under this article if he proves to the satisfaction of the Director that he or a member of his household who on the date of the claim for such Sickness Assistance. Amended by: XVI. 1989.5; XVI. 1990.7; XXV. 1994.5; XXI. 1996.12; II. 2004.19; XV. 2016.49; XVI. 2017.26; VII.2019.29; VII.2022.33. SOCIAL SECURITY assistance is medically certified as suffering from a terminal disease, bi-polar disorder or psychotic depression, provided that the person suffering from that condition proves to the satisfaction of the Director that he has been undergoing regular treatment for such a condition for at least three
(3)years and that within the three
(3)months immediately prior to his claim for such assistance his condition had been investigated by a psychiatrist who is or was a consultant psychiatrist in Government employment and certified by the said psychiatrist to be suffering from such a condition: Provided further that, with effect from 1st January 2022, an unmarried person who lives with his parents, who on the date of the claim for such assistance is in receipt of an Invalidity Pension under the provisions of article 26, shall not be considered as a member of that household, but is to be considered as forming a household of his own for the purposes of the provisions of Part II of the Second Schedule; (c) the total weekly means of all the members of his household calculated in accordance with the provisions of Part II of the Second Schedule to this Act do not exceed the scale rate for that household as determined by the Seventh Schedule to this Act.
(2)A head of household who is in receipt of Social Assistance or an Age Pension or a Carer’s Allowance under this Act, shall be deemed not to have means exceeding the scale rate for that household as aforesaid.
(3)The right of any member in respect of whom Sickness Assistance is payable shall be extinguished: (
  1. i)from the first day of admission to a State Financed Residential service, wherein the resident is being provided with level 2 care as specified by the Minister by notice in the Gazette; and (
  2. ii)from the first day following the day on which, notwithstanding the fact that he has been medically discharged from such an institution as specified by the Minister in the Gazette, he becomes a resident of any other state financed institution. Leprosy Assistance. 21.
(1)Subject to the provisions of this Act, a person who is the head of household shall be entitled to Leprosy Assistance if he shows to the satisfaction of the Director that he or any member of his household is receiving treatment for leprosy.
(2)Where such head of household has been continuously in receipt of Leprosy Assistance since the 14th April, 1975 at the rate applicable on that date, he shall continue to receive such assistance at that rate, as long as he is not entitled to a higher rate of Leprosy Assistance in terms of the provisions of this Act.
(3)Sub-article
(2)shall not apply where there has been a SOCIAL SECURITY change of circumstances in the household.
  1. Subject to the provisions of this Act, a person who is the head of household shall be entitled to Tuberculosis Assistance if he shows to the satisfaction of the Director that he or any member of his household is suffering from tuberculosis. Tuberculosis Assistance. Amended by: II. 2002.
  2. 23.
(1)Subject to the provisions of this Act and the provisions in the Health Act, a person who is the head of household shall be entitled to such Free Medical Aid as is specified hereunder, that is the supply of such drugs, spectacles, dentures, and other prosthetic aids or other additional Free Medical Aid as indicated by regulations made under this Act as in the opinion of the Chief Medical Officer to Government are indicated in his case according to protocols which may be issued by him from time to time and are available, if he shows to the satisfaction of the Director that - Free Medical Aid. Amended by: XIII. 1991.8; XXV. 1994.2,6; I. 2012.3; XVI. 2017.27; VII.2019.30; VII.2022.34; III.2026.23. (
  1. a)on account of bodily or mental impairment, sickness or disease, which does not require treatment in a hospital, he or any member of his household is in need of medical, surgical or pharmaceutical aid; and (
  2. b)the total weekly means of all the members of his household calculated in accordance with the provisions of Part III of the Second Schedule to this Act do not exceed the scale rate for that household, as determined by the Eighth Schedule to this Act: Provided that the Chief Medical Officer to Government shall consult, before forming his opinion, with one or more medical consultants drawn from a panel appointed by the Minister: Provided further that, where the person concerned is suffering from Auto-Immune Enteropathy as certified by a consultant Paediatrician, the Free Medical Aid referred to above shall include Total Parenteral Nutrition or any other medical conditions as may be indicated by regulations under this Act.
(2)Where the person in need of such aid is not the head of household or his wife, the head of such household shall not be entitled to Free Medical Aid if the weekly means of the person in respect of whom such aid is required, calculated as if he formed a household of his own, exceed the scale rate for one person as determined by the aforementioned Eighth Schedule.
(3)A person suffering from one of the diseases or conditions specified in Part II of the Fifth Schedule shall be entitled to such Free Medical Aid as in the opinion of the Chief Medical Officer to Government are indicated in his case according to protocols which may be issued by him from time to time and are available within the national health service.
(4)With effect from the 1st January 2017, a person who qualifies for an Increased Severe Disability Assistance in accordance with the provisions of article 27, shall be eligible for Free Medical Aid without the need to satisfy the means test as per provisions of Part III of the Second Schedule. SOCIAL SECURITY
(5)With effect from the 1st January 2017, any income from gainful employment or self-occupation of the person qualifying for a Severe Disability Assistance in accordance with the provisions of article 27, shall not be considered for the calculation of the income or privilege as explained in Part III of the Second Schedule.
(6)With effect from 1st January 2022, a person who reached the age of eighty
(80)years and is receiving Supplementary Allowance in accordance with the provisions of article 73, shall be eligible for the Free Medical Aid without the need to satisfy the means test as per provisions of Part III of the Second Schedule.
(7)With effect from 1st January 2026, a person who reached the age of sixty-five
(65)years and is benefitting from a Supplementary Allowance in accordance with the provisions of article 73, shall be eligible for the Free Medical Aid without the need to satisfy the means test according to the provisions of Part III of the Second Schedule. Milk Grant.
  1. Subject to the provisions of this Act, a head of household who is in receipt of Social or Tuberculosis Assistance under this Act, shall be entitled to a Milk Grant if he shows to the satisfaction of the Director that he or any member of his household has the care or custody of a child under forty weeks of age who requires weaning or complementary feeding or who cannot be breast-fed for health reasons, and such grant shall continue to be paid until such child reaches forty weeks of age. Amounts payable by way of assistance. Amended by: II. 2002.
  3. The weekly amounts payable under the provisions of this Act by way of Sickness Assistance, Leprosy Assistance, Tuberculosis Assistance and Milk Grant shall be those set out in the Ninth Schedule to this Act. Pensions in respect of invalidity. Amended by: XVI. 1990.8; XIII.1991.9; VIII.1992.8; XXV.1994.2; XI.2000.14; VI. 2006.4; XIX. 2006.4; XXXIX. 2015.3; VII.2018.35; VIII.2020.29; XIII.2024.19; III.2026.
  4. 26.
(1)Subject to the provisions of this Act, a person shall be entitled to an Invalidity Pension or Increased Invalidity Pension or Nat ional Mi nimu m Pensi on in term s of article 50 or t o the Guaranteed National Minimum Pension in terms of article 50A, as the case may be, at one of the rates specified in the Twelfth Schedule if: (
  1. a)such person has been incapable, in accordance with this Act, for suitable full-time or regular part-time employment or self-occupation by reason of a serious disease or bodily or mental impairment (other than mild mental disorder or disturbance) for not less than six months immediately before his claim or where such person is not entitled to a benefit payable in terms of article 18, for such shorter period immediately before such claim as the Director may determine; and (
  2. b)his incapacity as aforesaid is considered by the Director, acting upon the advice of one or more persons holding the warrant to practise the medical profession appointed by the Minister for the purpose of advising on such cases in accordance with article SOCIAL SECURITY 106, to be of a permanent nature or, if its permanency cannot be conclusively established, is considered by the Director after consultation as provided for in article 106, as prohibiting such person from suitable full-time or regular part-time employment or selfoccupation for not less than one year from the date of claim for such pension and such person shall only be entitled to receive a pension under this article for such number of years as the Director may determine; and (
  3. c)before his incapacity as aforesaid, he has been continuously in full-time or regular part-time employment or self-occupation for a period of not less than twelve months, or he was subsequently registered in the Register kept in accordance with the provisions of the Employment and Training Services Act, such person was so registered for a period of not less than twelve months; and (
  4. d)on the day immediately preceding his claim for a pension in respect of invalidity, such person satisfies the relevant contribution conditionsas specified in article 17, sohowever that with effect from 1st January 2018, a person who is certified as terminally-ill as provided in article 2, shall be entitled to the full rate of an Invalidity Pension, an Increased Invalidity Pension, or a National Minimum Pension, as the case may be, in accordance to the provisions of the Twelfth Schedule to this Act, provided the contribution conditions as provided in article 17, are satisfied: Provided that, with effect from 6th January 2020, a person who is awarded the highest impairment rating, as per Impairment Tables Regulations, by the medical panel appointed under article 106, shall be entitled to a rate equivalent to the rate of the Increased Severe Disability Assistance, as specified in Part III of the Sixth Schedule, provided that the contribution conditions are specified in article 17, are satisfied and such person has a contribution average of not less than fifty
(50): Provided further that with effect from 3rd January 2026, a person who is awarded the highest impairment rating, in accordance with the Impairment Tables Regulations by the medical panel appointed under article 106, shall be entitled to a rate equivalent to the two thirds pension in accordance with the contribution conditions as referred to in the provisions of this Act and if the entitlement is more advantageous: Provided further that, in case of a person who has a contribution average of less than fifty
(50), a pro-rata payment may be awarded as specified in item E of the Twelfth Schedule: Provided further that, with effect from 1st Janaury 2024, in the case of a person who is certified to be suffering from mental health and if the person who is suffering from such a condition proves to the S.L. 318.21. S.L. 318.21. SOCIAL SECURITY satisfaction of the Director that he has been undergoing regular treatment for such a condition for at least three
(3)years and that, within the three
(3)months immediately prior to his claim, his condition had been investigated by a psychiatrist who is or was a consultant psychiatrist in Government employment and certified by the said psychiatrist to be suffering from such a condition, and the contribution conditions as provided in article 17 are satisfied, shall be entitled to the full rate of an Invalidity Pension, an Increased Invalidity Pension, or a National Minimum Pension, as the case may be, in accordance with the Twelfth Schedule: Provided further that with effect from 1st January 2026, in the case of a person who is certified to be suffering from the bi-polar condition, depression by psychosis or acute depression, and if the person who is suffering from such a condition proves to the satisfaction of the Director that he has been undergoing regular treatment for such a condition for at least three
(3)years and that, within the three
(3)months immediately prior to his claim, his condition had been evaluated by a psychiatrist who is, or was a consultant psychiatrist in Government employment and certified by the said psychiatrist to be suffering from such condition, and the contribution conditions as provided in article 17 are satisfied, shall be entitled to the full rate of an Invalidity Pension, an Increased Invalidity Pension, or a National Minimum Pension, as the case may be, in accordance with the Twelfth Schedule and may participate in insurable employment on part-time basis as advised by the psychiatrist and confirmed by the medical panel appointed in accordance with article 106.
(2)Where a person is entitled to a Service Pension (
  1. i)with effect from the first Saturday of January, 1992, if his Service Pension and the rate of Invalidity Pension applicable in his case together exceed two-thirds of his pensionable income, such a person shall be entitled to an Invalidity Pension; or (
  2. ii)if his Service Pension and the rate of Invalidity Pension applicable in his case together do not exceed two-thirds of his pensionable income, such a person shall be entitled to an Increased Invalidity Pension or such part thereof as shall ensure that the aforementioned two-thirds are not exceeded; or (iii) if the date of first entry in insurable employment of such person falls on or after the 1st day of April, 1978, such person shall not be entitled to an Invalidity Pension but to an Increased Invalidity Pension or such part thereof as shall ensure that his Increased Invalidity Pension and Service Pension combined shall not exceed twothirds of his pensionable income; or SOCIAL SECURITY (
  3. iv)if his Service Pension together with the rate of Invalidity Pension or Increased Invalidity Pension applicable in his case is less than the rate of the National Minimum Pension in terms of article 50 or the Guaranteed National Minimum Pension in terms of article 50A as is applicable in his case, then notwithstanding the provisions of the foregoing paragraphs of this sub-article, such person shall be entitled to the National Minimum Pension or the Guaranteed National Minimum Pension, as the case may be, abated by his Service Pension.
(3)For the purposes of sub-article
(2), when a person has been in employment for less than thirty years in the aggregate prior to his becoming an invalid, the references to the proportion of twothirds shall be substituted by references to the proportion that the number of completed months of service bears to 540. When however the proportion which the Service Pension of a person bears to his wage or salary and other pensionable emoluments immediately before his becoming an invalid is higher than the proportion computed as aforesaid, the references to the proportion of two-thirds shall be substituted by references to such higher proportion, but shall in no case be substituted by a proportion higher than two-thirds.
(4)Where any of the posts on which the pensionable income of a person is to be computed no longer exist, it shall be substituted by such analogous post in the Government service or in any parastatal organization which carried a wage or salary most nearly corresponding to that of the post in question at the time when it was last occupied by the pensioner.
(5)For the purposes of this article, in calculating the pensionable income referred to in sub-article
(2)(i), (ii) and (iii), the provisions of article 58 shall also apply.
(6)A person born on or before the 31st December 1961 who is not entitled to a Service Pension shall be entitled under this article to a National Minimum Pension, the highest rate of which shall be equivalent to (
  1. a)in the case of a married person whose spouse is not in receipt of a social security pension, four-fifths, and (
  2. b)in the case of any other person, two-thirds, of the national minimum wage as is applicable to persons of 18 years of age or over established by a National Standard Order issued under the Employment and Industrial Relations Act during the period in respect of which the pension is due.
(7)A person born on or after the 1st January 1962 who becomes invalid in terms of this Act and who is not entitled to a Service Pension shall be enti tled to a Guaranteed N atio nal Minimum Pension in terms of article 50A.
(8)Any pension arrived at in accordance with the provisions of this article, shall, where the pensioner concerned or his wife, as the SOCIAL SECURITY case may be, is an inmate of a state-owned hospital or institution in accordance with article 93, be apportioned in such form and manner as provided for in the said article 93.
(9)Any pension payable under this article shall be reassessed annually from the first Saturday of the year of the reassessment by substituting for the pensionable income the aggregate of such p ensi on abl e in com e and su ch ot he r am ou nt as in di cate d in paragraphs (i) or (ii), as the case may be, of article 59
(3); and for this purpose the word "retirement" therein shall have the same meaning as the words "his becoming an invalid in terms of this Act".
(10)Save as provided for in article 110, a pension payable under this article shall be reviewed on the medical aspect every three years or earlier as the Director may determine. Increased Severe Disability Assistance, Severe Disability Assistance, Disability Assistance and Assistance for the Visually Impaired. Amended by: XX. 1987.6; XIV. 1988.5; XVI. 1989.6; XVI. 1990.9; XIII. 1991.10; VIII. 1992.9; XXIV. 1993.4; XXV. 1994.2,7; XXVII. 1995.3; XXI. 1996.13; II. 1999.7; II. 2004.20; III. 2005.5. Substituted by: V. 2012.27. Amended by: XV. 2016.50; XVI. 2017.28; VII.2018.36; VII.2018.31; VIII.2020.30; XVIII.2021.22. 27.
(1)Save as provided for in article 96 and subject to the other provisions of this Act, a person who (
  1. a)has attained the age of sixteen years; and (
  2. b)is certified to be suffering from a mental severe subnormality or to be a severely disabled person in accordance with the provisions of this Act, or to be suffering from cerebral palsy; and (
  3. c)shows to the satisfaction of the Director that he is a citizen of Malta and normally resides in Malta, shall be entitled to a Severe Disability Assistance under this Act and the highest rate of which, including any increases in terms of the provisions of article 90, shall be such in accordance with Part III of the Sixth Schedule and with the provisions of sub-article
(5).
(2)Subject to the provisions of this Act, a visually impaired person who (
  1. a)has attained the age of fourteen years; and (
  2. b)produces such certificates regarding his visual impairment, as the Director may, in particular cases, require; and (
  3. c)shows to the satisfaction of the Director that he is a citizen of Malta and normally resides in Malta, shall be entitled to an Assistance for the Visually Impaired under this Act in accordance with Part III of the Sixth Schedule and and with the provisions of sub-article
(5).
(3)Save as provided for in article 96 and subject to the other provisions of this Act, a person who (
  1. a)has attained the age of sixteen years; and (
  2. b)is certified to be suffering from a mental severe subnormality or to be a severely disabled person in accordance with the provisions of this Act, or to be suffering from cerebral palsy and absolutely cannot work; and (
  3. c)satisfies the Barthel Index score 0 - 4, after the SOCIAL SECURITY Director will have acted in accordance with the advice given by the multi-disciplinary panel appointedunder article 106(f): Provided that, notwithstanding the provisions of this paragraph (c), with effect from 1st January 2018, a person who satisfies the Barthel Index score 0 - 8, after the Director will have acted in accordance with the advice given by the multi-disciplinary panel appointed under article 106(f): or Provided that the person achieves a score of fourteen
(14)or more in accordance with Table 10 of the Impairment Tables Regulations, after the Director will have acted in accordance with the advice given by the multi-disciplinary panel appointed under article 106(f): or Provided further that, notwithstanding the provisions of this paragraph (c), with effect from 1st January 2021, a person who satisfies the Barthel Index score 0 - 9, after the Director shall have acted in accordance with the advice given by the multi-disciplinary panel appointed under article 106(f): or Provided further that, with effect from 1st January 2021, if the person achieves a score of thirteen
(13)or more in accordance with Table 10 of the Impairment Tables Regulations, after the Director shall have acted in accordance with the advice given by the multidisciplinary panel appointed under article 106(f); and (d) shows to the satisfaction of the Director that he is a citizen of Malta and normally resides in Malta, shall be entitled to an Increased Severe Disability Assistance under this Act in accordance with Part III of the Sixth Schedule.
(4)Save as provided for in article 96 and subject to the other provisions of this Act, a person who (
  1. a)has attained the age of sixteen years; and (
  2. b)is certified to be suffering from a permanent total paralysis or permanent total severe malfunction or permanent total disease, whether through amputation or otherwise of one of the upper or lower limbs; or (
  3. c)is certified to be totally and permanently mute or permanently deaf to a degree of no less than seventy
(70)decibels; and (d) shows to the satisfaction of the Director that he is a citizen of Malta and normally resides in Malta, shall be entitled to a Disability Assistance under this Act in accordance with Part III of the Sixth Schedule and with the provisions of sub-article
(5).
(5)(a) The rate of assistance of a person who becomes entitled to such under sub-articles
(1)or
(2)or
(4)shall be such weekly amount as will bring the total weekly means of the person with the S.L. 318.21. S.L. 318.21. SOCIAL SECURITY disability, calculated in accordance with Part V of the Second Schedule, up to the scale rate applicable to that person, as determined by Part III of the Sixth Schedule. (
  1. b)Saving the provisions of article 96 and of the second proviso to paragraph 4 of Part V of the Second Schedule, where a married person and the spouse both qualify for an assistance under the provisions of this article or of article 66, any such assistance as is payable to one of the spouses shall cease to be payable. Injury Benefit. Amended by: II. 1999.8; III. 2005.6; XII.2023.26. XXXIII.2024. First Schedule. (
  2. c)With effect from the 1st January 2005, where a married person qualifies for an assistance under the provisions of this article, the applicable rate shall be that payable in accordance with Part III of the Sixth Schedule. (
  3. d)With effect from the 1st January 2016, when a person who qualifies for an assistance under sub-articles
(1)and
(2)reaches the age of sixty years, the applicable weekly rate shall be that indicated in Part II of the Sixth Schedule. 28.
(1)Subject to the provisions of this Act, where an insured person who has not yet reached his retirement age suffers personal injury caused by accident arising out of or in the course of his employment or self-occupation, or has developed any of the diseases specified in the first column of the Fourth Schedule to this Act (being a disease due to the nature of his work), then Injury Benefit shall be payable to him in accordance with Part I of the Third Schedule to this Act if within a period of twelve months from the date of the accident or the onset of the disease, he is, as a result of the injury or disease, incapable of work: Provided that notwithstanding the fact that any such disease may not be specified in the said Fourth Schedule to this Act, Injury Benefit may nonetheless be payable if the Director is satisfied that the disease developed due to the nature of his work: Provided that and notwithstanding the provisions of article 90, with effect from 1st January 2023, the provisions of this article shall also apply to a widow who is in receipt of a Pension under Part IV of this Act, who is in an insurable employment, and who has not yet reached pension age: Provided further that where a person (i) is disqualified from receiving Injury Benefit in accordance with sub-article
(6), he shall have his entitlement to such benefit reduced by the number of days of disqualification; (ii) is found to be suffering from pneumoconiosis, accompanied by pulmonary tuberculosis, the effect of tuberculosis shall be treated, for the purposes of the disease specified in the Fourth Schedule to this Act, as if they were the effects of the pneumoconiosis. SOCIAL SECURITY
(2)Subject to the provisions of article 92, Injury Benefit shall not be payable in respect of an accident happening to a person while he is outside Malta, unless the accident arises out of or in the course of his employment or self-occupation as is specified in article 13 or in the proviso to paragraph 1 of Part I of the First Schedule to this Act or in paragraph 2 of the said Part I of the First Schedule.
(3)An accident happening to a person while he is (
  1. a)travelling as a passenger to or from his place of work in any vehicle (including a ship, vessel or aircraft) which is in any way provided or paid for directly by his employer; or (
  2. b)anywhere within the precincts of the premises or place where he is usually employed or self-occupied, and the cause of the accident is directly connected with the work being carried out in those premises or in that place; shall be deemed to arise out of or in the course of his employment or self-occupation.
(4)An accident happening to a person in or about any place of work at which he is for the time being employed for the purposes of his employer’s trade or business or self-occupied shall be deemed to ar i s e ou t of o r in t he c o u rs e o f h i s e m p l o y m e n t o r se l f occupation if it happens while he is taking steps on an actual or supposed emergency at that place of work to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property.
(5)The Injury Benefit payable under this article shall be paid in respect of any day (excluding any day on which, whether incapacitated or not, such person would not have been required to attend to work in the normal course of his duties) and during which as a result of the relevant injury, the person concerned is incapable of work during the period referred to in sub-article
(1): Provided that no Injury Benefit shall be paid for the first three days of every spell of such incapacity for work: Provided further that in any uninterrupted period of incapacity for work, the maximum number of consecutive days in respect of which Injury Benefit may be paid shall, in no case, exceed six.
(6)A person shall be disqualified from receiving Injury Benefit for any period as may be deem ed fit by the Director in the circumstances of the case for the same reasons as indicated in article 18
(6)(a), (b) and (c), and where it has been proven that the person concerned has acted negligently by disregarding any safety precautions that he was obliged to take in terms of the Health and Safety at Work Act, thereby causing the accident that resulted in the injury: SOCIAL SECURITY Provided that where it is proven that the employer was in breach of any of the provisions of the Health and Safety at Work Act, the Director may claim from the employer any benefit paid to the insured person relating to such accident.
(7)For the purposes of sub-article
(2)to
(6)(
  1. i)"injury caused by accident" includes the development of any one of the diseases specified as aforesaid in this article; and (
  2. ii)"accident arising out of or in the course of his work" includes the onset of any such disease which is due to the nature of one’s employment or self-occupation. Injury Grant and Injury Pension. Amended by: XX. 1987.7; XXV.1994.2; XIII. 2015.83. 29.
(1)Where the accident or industrial disease, as is referred to in article 28, results in the permanent loss of physical or mental faculty, the person concerned shall be entitled to Injury Grant or Injury Pension in accordance with the following sub-articles of this article: Provided that a person shall not be entitled to receive an Injury Grant or Injury Benefit under this article and Injury Benefit under article 28 at the same time: Provided further that for the purposes of this article there shall be deemed not to be any loss of faculty at any time when the extent of the resulting bodily or mental impairment would be assessed in accordance with the following provisions of this article at less than 1%.
(2)In assessing the extent of the bodily or mental impairment aforesaid in this article, the medical panel or the medical officer appointed by the Minister for this purpose, from time to time, shall take account of all such bodily or mental impairments (whether or not involving loss of earning power or additional expense) to which the claimant may be expected to be subject as compared with a person of the same age whose physical and mental condition is normal, but excluding any other particular circumstances with regard to his financial means or resources.
(3)An assessment shall state the degree of bodily or mental impairment in the form of a percentage which shall be determined by the aforesaid medical panel or the medical officer, and where the extent of such bodily or mental impairment is assessed at less than 20%, the insured person concerned shall be entitled to Injury Grant in accordance with Part II of the Third Schedule to this Act, and where the extent of such bodily or mental impairment is assessed at 20% or more, but not exceeding 89%, the insured person concerned shall be entitled to Injury Pension, the highest rate of which shall be paid in accordance with Part III of the said Third Schedule to this Act; sohowever that, for any extent of such bodily or mental impairment between 20% and 89% the rate of pension payable shall be calculated in a proportionate manner, to the nearest whole cent, as the degree of such bodily or mental impairment bears to 89%: Provided that with effect from 6th January, 2015 persons certified to be suffering from mesothelioma in accordance with the SOCIAL SECURITY provisions of the Fourth Schedule and who have reached pensionable age or are in receipt of a pension by virtue of article 26, are entitled to a Disablement Grant in accordance with the highest percentage degree of disability according to the provisions of Part II of the Third Schedule.
(4)Where the degree of bodily or mental impairment as is referred to in sub-article
(3)is assessed at 90% or more the person concerned shall neither be entitled to an Injury Grant nor to an Injury Pension but shall instead be automatically entitled to the full rate of Invalidity Pension or Increased Invalidity Pension or National Minimum Pension, as the case may be, in accordance with the Twelfth Schedule to this Act.
(5)A person shall be disqualified from receiving any pension under this article for any period as may be deemed fit in the circumstances of the case by the Director for the same reason indicated in article 18
(6)(a) and (b). 30.
(1)Subject to the provisions of this Act, a person who satisfies the relevant contribution conditions and who has not yet reached pension age, shall be entitled to Unemployment Benefit in accordance with Part I of the Third Schedule to this Act for any day of unemployment, excluding Sundays, provided he is registered in t h e R eg i s t e r ke pt i n a c c o r d a n c e w i t h t h e pr o v i s io n s o f t h e Employment and Training Services Act; sohowever that where the insured person is the head of household whose total weekly means (taking account of all the members of the household) calculated in accordance with Part VI of the Second Schedule to this Act do not exceed the scale rate for that household, as determined by the relevant column of Part I of the Sixth Schedule to this Act, such insured person shall be entitled to Special Unemployment Benefit in accordance with Part I of the Third Schedule to this Act in lieu of Unemployment Benefit; and whether such head of household has been in insurable employment or not, he shall nonetheless be entitled to Social Assistance in accordance with the provisions of this article: Provided that (
  1. i)where a person in respect of whom this sub-article applies becomes self-occupied under and in accordance with the provisions of any of the Manpower Incentive Schemes announced by Government, he shall nonetheless remain entitled to the assistance aforesaid during the first twenty-eight weeks of his becoming self-occupied if (
  2. a)on the day of his becoming self-occupied he is over eighteen years of age but under sixty years of age; and (
  3. b)during the twelve consecutive months immediately prior to the day on which he becomes self-occupied he had been registered under Part One of the Register as aforesaid in this sub-article; (
  4. ii)where a person becomes entitled to Unemployment Unemployment Benefit, Special Unemployment Benefit and Social Assistance. Amended by: XVI. 1989.7; XVI. 1990.10; XIII. 1991.11; VIII. 1992.10; XXIV. 1993.5; XXV. 1994.2,8; XXVII. 1995.4; XXI. 1996.14; II. 2002.64; II. 2004.21; III. 2005.7; XIII. 2005.32; XIX. 2006.5; II. 2009.23; I. 2012.4; L.N. 218 of 2012; XII. 2014.35; XIII. 2015.84; XV. 2016.51. Cap. 594; XVI. 2017.29; VII. 2018.37; VII. 2019.32; XII.2023.27; IX.2025.23. SOCIAL SECURITY Benefit or Special Unemployment Benefit as aforesaid in this sub-article, if his spell of unemployment extends into a new benefit year which is related in terms of the Eleventh Schedule to this Act to two consecutive contribution years during which less than 20 contributions had been paid or credited in his respect, such person shall, nonetheless, but save as provided for in sub-article
(2), remain entitled to Unemployment Benefit or Special Unemployment Benefit, as the case may be, till the last day of such spell of unemployment; (iii) where a person in respect of whom this article applies, becomes engaged in voluntary community work or engaged in any public works under any scheme announced by Government for persons who are registering for work, such person shall, nonetheless, remain entitled to the assistance for the duration of such engagement; (iv) with effect from 1st January, 2015, a person in respect of whom sub-article
(1)applies, who has not yet reached the age of 23 years, is obliged to participate in the Youth Guarantee Scheme under the supervision of the Ministry responsible for Employment: Provided further that and notwithstanding the provisions of article 90, with effect from 1st January 2023, the provisions of this article shall also apply to a widow who is in receipt of a pension under Part IV of this Act, who is in an insurable employment, and who has not yet reached pension age;
(2)Subject to the provisions of this Act, a person in respect of whom sub-article
(1)applies shall only be entitled to receive Unemployment Benefit or Special Unemployment Benefit under this article up to a maximum of 156 benefit days; sohowever that, the grand total of benefit days by way of such benefit or Sickness Benefit added together shall, in no case, exceed at any time the grand total number of reckonable contributions paid by the person concerned: Provided that (
  1. i)where his entitlement to such benefit is exhausted he shall not requalify for such benefit before the lapse of an aggregate period of thirteen calendar weeks in insurable employment since the last day of his receiving such benefit; and (
  2. ii)when his entitlement to such benefit is not exhausted but is less than 156 days and he has not been in insurable employment thereafter for at least an aggregate period of thirteen calendar weeks, he shall only be entitled to receive the difference resulting between his original entitlement and the number of benefit days SOCIAL SECURITY already received by way of such benefit.
(3)For the purposes of this article a person shall not be deemed to be unemployed on any day (even though he may be, on any such day, registered in the Register kept in accordan ce with the provisions of the Employment and Training Services Act)- (
  1. a)if he is following any gainful occupation on that day or has done work for which remuneration is ordinarily payable, whether or not any remuneration has in fact been received; (
  2. b)if he is on holiday; (
  3. c)if, notwithstanding that his employment has come to an end or has been interrupted, he receives, in respect of that day, wages or any payment by way of compensation for the loss of the remuneration which he would have received for that day if the employment had not come to an end or been interrupted; (
  4. d)if he does not ordinarily work on every day of the week (excluding S

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.