week (excluding Sundays and public holidays) and has, in the week in which the said day falls, been employed or self-occupied to the full extent normal in his case.
\n
(4)A person who is the head of household and who is (a) incapable of work by reason of a serious disease or bodily or mental impairment and would, but for this incapacity, have been gainfully occupied or registered as unemployed in the Register kept in accordance with the provisions of the Employment and Training Services Act:
\n
Provided that such disability or condition is confirmed by the medical panel appointed in accordance with the dispositions of article 106 in accordance with the Impairment Tables Regulations, the payment shall increase in accordance with the dispositions of Part I of the Sixth Schedule; or (b) certified by the Corporation established by the Employment and Training Services Act, to be unemployable; or S.L. 318.21. (c) over pension age, shall also be entitled to receive Social Assistance under and in accordance with the provisions of this article notwithstanding the fact that he is not registered as an unemployed person as aforesaid in sub-article (1).
\n
(5)A head of household who (a) is registered in the Register kept in accordance with the provisions of the Employment and Training Services Act; or (b) has in terms of article 13(3) of the Employment and Training Services Act, forfeited his right to register in SOCIAL SECURITY the said Register, and who, had he been registered in the said Register, would have been entitled in accordance with this article to social assistance, shall nonetheless be entitled to apply for social assistance and have his application referred by the Director to the Board established under article 128, and if the Board shall determine that social assistance is due to any person on behalf of that household as provided in article 129, then the person so designated by the Board shall become entitled to social assistance at such rate as the Board may, in accordance with the provisions of the said article 129, determine:
\n
Provided that, no such claim will be accepted unless the head of household proves to the satisfaction of the Director, in such manner as the Director may determine, that such head of household is not gainfully occupied.
\n
(6)Subject to the provisions of this Act, the Social Assistance to which a head of household is entitled shall be such weekly amount as will bring the total weekly means of all the members of his household, who are neither employed persons nor self-occupied persons in terms of this Act, calculated in accordance with Part VI of the Second Schedule to this Act, up to the scale rate of that household, as determined by Part I of the Sixth Schedule to this Act; sohowever that (a) where in the household there are members, not being the head of household and his wife, who are either employed persons or self-occupied persons in terms of this Act, such weekly amount of Social Assistance shall be reduced by the difference obtaining between the scale rate that would otherwise had been applicable to the household had such members not been employed persons or self-occupied persons as aforesaid in this sub-article and the scale rate that is in fact applicable to the household in respect of all the other members of the household:
\n
Sohowever that the provisions of this sub-paragraph do not apply in respect of an insurable employment with effect from 2nd January, 2016 or thereafter; and (b) where the head of household is entitled to Social Assistance by reason of his being registered under Part One of the Register referred to in sub-article (1), such Social Assistance shall be payable on a daily basis; and, for this purpose, such daily rate of assistance shall be arrived at by dividing the aforesaid weekly rate of such assistance by six, but no such assistance shall be payable in respect of Sundays:
\n
Provided that (i) if there are special circumstances in any household the weekly amount of Social Assistance may be increased by the Director as may be appropriate to meet those circumstances;
\n
SOCIAL SECURITY and (ii) a head of household in receipt of Social Assistance in accordance with the provisions of this article, who is engaged as a trainee by the Corporation established under the Employment and Training Services Act on a rehabilitation programme for ex-substance abusers shall, in addition to the allowance paid by the Corporation during the programme of training, be entitled to receive such rate of Social Assistance so as to ensure that the total amount received does not exceed the National Minimum Wage as is applicable to a person of eighteen years of age or over in accordance with a National Order issued under the Employment and Industrial Relations Act; (iii) a head of household, reaching the age of twentythree (23) or over, who is in receipt of Social Assistance in accordance with the provisions of this article, who is enrolled in the University of Malta or MCAST course of studies, shall be entitled to receive such rate of Social Assistance and stipend so as to ensure that the total amount received does not exceed the National Minimum Wage as is applicable to a person of eighteen (18) years of age or over in accordance with a National Order issued under the Employment and Industrial Relations Act;
\n
SOCIAL SECURITY (iv) where two or more persons have been housed together in the community as part of a rehabilitation programme for ex-inmates of a state-owned hospital for mental diseases on the recommendation of the Mental Health Review Tribunal established under the Mental Health Act, the Director shall consider each of such persons as forming a household on his own; sohowever that, where any such person is gainfully occupied notwithstanding the foregoing provisions of this sub-article, he shall be entitled to social assistance in accordance with the provisions of this article even if he is not registered as an unemployed person as aforesaid in sub-article (1); and where such person is gainfully occupied, notwithstanding the provisions of the foregoing provisions of this sub-article, he shall be entitled to such weekly amount by way of social assistance so as to ensure that his total weekly means, calculated in accordance with Part VI of the Second Schedule to this Act, together with the scale rate as applicable in terms of this paragraph and as determined by Part I of the Sixth Schedule to this Act do not exceed 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 assistance is due; and (v) where a member, other than the head of household and his wife, is an employed person or a self-employed person or a self-occupied person, if his gross wage or gross income or his gross earnings, as the case may be, does not exceed 35% 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 Social Assistance is due, such a member shall, for the purposes of this sub-article, not be deemed to be an employed person or a self-employed person or a self-occupied person; and (vi) where the head of household is engaged under a scheme in accordance with paragraph (iii) of the proviso to sub-article (1), then the rate of assistance for such household in accordance with Part I of the Sixth Schedule is to be increased to seventy-five percent (75%) of the national minimum wage as 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:
\n
SOCIAL SECURITY Provided further that, where any member of the household becomes gainfully occupied as a result of any of the Manpower Incentive Schemes announced by Government, such member shall not, for the purposes of awarding and calculating any Social Assistance due to the head of household under this article, be deemed to be an employed person or a self-employed person as aforesaid in this article during the first 28 weeks of his entitlement to any benefit, income, privilege or grant accruing to him under any of the Schemes as aforesaid, and any such benefit, income, privilege or grant shall not be taken into account during the aforesaid 28-week period; (vii) where a person, who is in receipt of Social Assistance for a minimum of two years in the three years preceding the claim, partakes in insurable employment, the entitlement for Social Assistance shall not cease, and that person shall be entitled to 65% of the rate for the first year, to 45% of the rate for the second year and 25% of the rate for the third year. The employer shall be entitled to 25% of the rate for every year for a maximum of three years. The differences of 10% for the first year, 30% for the second year and 50% for the third year shall be transferred to a training fund set up for this purpose:
\n
Provided that, notwithstanding the provisions of this sub-paragraph (vi), with effect from 1st January, 2015, where the head of household is a single parent with children under the age of 23 living in the same household, the said head of household shall not have to satisfy the requisite of being in receipt of Social Assistance for two years in the last three years:
\n
Provided further that, notwithstanding the provisions of this sub-paragraph (vi), with effect from 1st January 2018 where a person, who is in receipt of Social Assistance for a minimum of one year in the three years preceding the claim, partakes in insurable employment, the entitlement for Social Assistance shall not cease, and that person shall be entitled to 65% of the rate applicable for the first year, to 45% of the rate applicable for the second year and 25% of the rate applicable for the third year. The employer shall be entitled to 25% of the rate applicable for every year for a maximum of three (3) years:
\n
Provided further that notwithstanding the provisions of this sub-paragraph, with effect from 1st January 2023 when a person, who has been in receipt of Social Assistance for more than one (1) SOCIAL SECURITY year in the three (3) years preceding the claim, and partakes in insurable employment, the entitlement for Social Assistance shall not cease immediately, however that person shall still be entitled to seventy-five percent (75%) of the rate applicable for the first (1) year, to fifty-five percent (55%) of the rate applicable for the second (2) year and thirty-five percent (35%) of the rate applicable for the third (3) year. The employer shall be entitled to twenty-five percent (25%) of the rate applicable for every year for a maximum of three (3) years; (viii) with effect from 1st January, 2015, a person who is in receipt of Social Assistance for a minimum of two years in the three years preceding the claim and who contracts a marriage or a civil union with a person engaged in a gainful occupation, shall not forfeit the right for Social Assistance but will be entitled to 65% of the rate for the first year, 45% of the rate for the second year and 25% of the rate for the third year:
\n
Provided that, notwithstanding the provisions of this sub-paragraph, with effect from 1st January 2018, a person who is in receipt of Social Assistance for a minimum of one year in the three years preceding the claim and who contracts a marriage or a civil union or a cohabitation in accordance with the terms and provisions of the Cohabitation Act, with a person engaged in an insurable occupation, shall not forfeit the right for Social Assistance but will be entitled to 65% of the rate applicable for the first year, 45% of the rate applicable for the second year and 25% of the rate applicable for the third (3) year:
\n
Provided further that notwithstanding the provisions of this sub-paragraph, with effect from 1st January 2023, a person who is has been in receipt of Social Assistance for more than one (1) year in the three (3) years preceding the claim and who contracts a marriage or a civil union or a cohabitation in accordance with the terms and provisions of the Cohabitation Act with a person engaged in an insurable employment, the entitlement for Social Assistance shall not cease immediately, however that person shall be entitled to seventy-five percent (75%) of the rate applicable for the first (1) year, to fifty-five percent (55%) of the rate applicable for the second (2) year and to thirty-five percent (35%) of the rate applicable for the third (3) year.
\n
SOCIAL SECURITY
\n
(7)Where the head of household is a single parent who is unable to take up a full time gainful occupation as he has to take care of his own child, he shall be entitled to social assistance in accordance with the provisions of this article even if he is not registered as an unemployed person as aforesaid in sub-article (1); and where such single parent is gainfully occupied, notwithstanding the provisions of sub-article (6), he shall be entitled to such weekly amount by way of social assistance so as to ensure that his total weekly means, calculated in accordance with
\n
Part VI of the Second Schedule to this Act, together with the scale
\n
rate as applicable to a household of two persons, as determined by
\n
Part 1 of the Sixth Schedule to this Act do not exceed the national
\n
minimum wage as is applicable to persons of 18 years of age or over established by a national standing order issued under the Employment and Industrial Relations Act during the period in respect of which assistance is due. (7A) (i) Notwithstanding the provisions of sub-article (7), with effect from 1st January, 2015, the head of household who is a single parent with children under the age of 23 livi ng in t he sam e hou sehol d, wil l b e abl e to participate in a gainful occupation and benefit from the provisions of sub-article (6)(vi), sohowever that the difference of 10% in the first year, 30% in the second year and 50% in the third year shall not be transferred to the Training Fund. (ii) With effect from 1st January, 2015, where the child is over the age of one year, the head of household who is a single parent under the age of 23 and not engaged in a gainful occupation, is obliged to participate in the Youth Guarantee under the supervision of the Ministry responsible for Employment, in order to maintain the right for Social Assistance.
\n
(8)Deleted by: XVI. 2017.29.
\n
(9)Any member of a household who is admitted into 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 for the purpose of this sub-article, and who as a result of such admittance into such a therapeutic centre becomes entitled to assistance under this article, shall be entitled to receive an allowance at the applicable rate in accordance with Part 1 of the Fourteenth Schedule of this Act for as long as he is resident of a centre as aforesaid and provided no change of circumstances takes place in this respect.
\n
(10)Revoked by Act II. 2004.21.
\n
(11)The Director may, if he so deems fit in the circumstances of the case, take proceedings before the competent Civil Court against any of the following persons: (a) any person by whom maintenance is due to any person in respect of whom Social Assistance is claimed or received under this article (other than sub-article (8) thereof); or SOCIAL SECURITY (b) such relatives being the spouse, father, mother, sons or daughters as the case may be, of any person in respect of whom Social Assistance is claimed or received under this article (other than sub-article (8) thereof), to compel them to refund any such assistance that is paid to or on behalf of such person and the court shall order the refund of any sum paid as Social Assistance up to such sum as would have been due by such relatives or relative had the person to whom Social Assistance is paid had claimed maintenance from such relatives in accordance with the provisions of the Civil Code:
\n
Provided that notwithstanding that the person in respect of whom Social Assistance has been paid by the Director may have in a contract o f personal separation ren oun c ed to th e ri ght to maintenance from his or her spouse, the Director may still claim refund under this sub-article from the spouse of the person to whom Social Assistance has been paid, and such spouse shall be liable to r e f u n d s u c h S o c i a l A s s i s t a n c e t o t h e f u l l e x t e n t a s i f s uc h renunciation had not taken place, unless it is proved to the satisfaction of the Director that the party to whom Social Assistance has been paid has been guilty of adultery or has abandoned the other spouse as provided in articles 38 and 41 of the Civil Code.
\n
PART IV
\n
PENSIONS IN RESPECT OF WIDOWHOOD Pensions in respect of widowhood.
\n
Substituted by:
\n
XIII. 1991.12.
\n
Amended by:
\n
VIII. 1992.11;
\n
XXI. 1996.15;
\n
III. 2005.8;
\n
XXXII. 2007.47;
\n
VIII.2020.31;
\n
III.2026.25.
\n
Art. 31
\n
31.A widow whose husband satisfies the relevant contribution conditions as provided under article 17 on the date of his death, or whose husband died as a result of personal injury caused by an accident arising out of or in the course of his employment or selfoccupation, or deemed to be so in accordance with the provisions of article 28, or as a result of an industrial disease as is referred to in the said article 28, shall be entitled to a Widow’s Pension at the pertinent rate shown in the Twelfth Schedule to this Act, or to a Survivor’s Pension; and where this widow has the care and custody of a child of her late husband or the care of a child in respect of which an allowance is paid in accordance with article 76A, her rate of pension under this article shall be increased in respect of each such child by (a) the applicable additional allowance in accordance with the Twelfth Schedule to this Act; or (b) the applicable additional allowance in accordance with the provisions of the Twelfth Schedule and the child or children of the widow or widower concerned have not yet reached the age of twenty-three (23); sohowever that where a widow or widower is entitled to an increase in their pension rate in accordance with this paragraph such widow or widower shall not be entitled to the increase referred to in paragraph (a).
\n
Provided that, notwithstanding the provisions of paragraphs (a) and (b), with effect from the 6th January SOCIAL SECURITY 2020, the applicable additional allowance in accordance with the provisions of item I of the Twelfth Schedule shall still be paid to a widow or widower, even if such widow or widower is in an insurable employment or selfoccupation and such child has not yet reached the age of eighteen (18).
\n
Art. 32
\n
32.(1) Notwithstanding the provisions of article 31, a widow under pension age who is gainfully occupied, shall not be entitled to any pension mentioned in that article unless (i) she proves to the satisfaction of the Director that her earnings from any gainful occupation do not exceed a weekly average equivalent to 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, and Jobsplus had been duly informed of such gainful occupation:
\n
Provided that no account shall be taken of the earnings derived from membership of any Board, committee, commission or council established by or under any law or of such classes of earnings as the Minister may declare by order, published in the Gazette; or (ii) she is over the age of sixty-five years.
\n
Non-eligibility to a pension in widowhood.
\n
Amended by:
\n
XVI. 1990.11;
\n
XIII. 1991.13;
\n
VIII. 1992.12;
\n
XXI. 1996.16;
\n
XXXII. 2007.48;
\n
XII. 2014.36.
\n
XXVII. 2016.6.
\n
(2)Notwithstanding the provisions of sub-article (1), a widow under the age of 60 years who is taking care of her son or daughter in respect of whom an allowance under article 76 is being paid or a fostered child in respect of whom an allowance under article 76A is being paid, and such son or daughter has not yet reached his or her 18th birthday shall still be entitled to a pension payable under this Part whilst she is gainfully occupied, whatever the earnings derived therefrom:
\n
Provided that with effect from the 6th January 2007, where entitlement under the provisions of this article ceases to apply, such widow shall continue to remain entitled to receive a pension under this part, for the period starting from the first Saturday following the date on which the son or daughter reaches the age of sixteen years, or from the 6th January 2007, whichever is the later, and ending on the Friday following the 21st birthday of the child if: (a) such widow is gainfully occupied and the earnings from such gainful occupation exceed a weekly average equivalent to the National Minimum Wage as applicable to persons of eighteen years of age or over established by a National Standard Order made under the Employment and Industrial Relations Act and Jobsplus had been duly informed of such gainful occupation; and SOCIAL SECURITY (b) such son or daughter is undergoing full time education or training in an educational institution recognized in terms of the Education Act; or (c) such son or daughter is registered in the Register established under the Employment and Training Services Act and who has never been gainfully occupied, and who is not in receipt of any benefit, pension or assistance payable under this Act:
\n
Provided further that the rate of pension payable under this sub-article shall be abated by the difference obtained between such widow’s actual earnings from a gainful occupation and the National Minimum Wage as is applicable to persons of eighteen years of age or over established by a National Standard Order made under the Employment and Industrial Relations Act, but in no case shall receive a rate of pension less than the Widow’s Pension rate in terms of article 31 or 33 as may be applicable in her case:
\n
Provided that with effect from the 4th January 2014, entitlement for the full Pension under Part IV shall not cease notwithstanding such widow is gainfully occupied and the earnings from such gainful occupation exceed the national minimum wage.
\n
Widow’s Pension to be abated by pension from late husband’s employer.
\n
Added by:
\n
XIII.1991.14.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXII. 1997.3 L.N. 424 of 2007.
\n
Art. 33
\n
33.Where a widow is entitled to receive a Widow’s Pension under this Part, her rate of such pension shall be abated by any pension that she is entitled to receive from a former employer of her late husband in connection with his employment. So however that, such abatement shall not exceed the amount that would have been payable to the widow by the employer of her late husband, had her husband died immediately after the date of the initial award of his service pension:
\n
Increased Widows’ Pension.
\n
Added by:
\n
XXI.1996.17.
\n
Amended by:
\n
XXII.1997.4;
\n
II. 1999.9;
\n
XV. 2016.52;
\n
VII.2022.35.
\n
Art. 33A
\n
33A. (1) With effect from January 6, 1996, the rate of widows’ pension as abated in terms of article 33 and the proviso thereto, shall be increased so as to ensure that such rate of pension together with the rate of pension, as adjusted in accordance with the provisions of th is A ct, such widow r eceives fro m a former employer of her deceased husband, if any, is not less than the applicable single rate of an Increased Retirement Pension payable in terms of article 47(1)(ii), provided that such rate of pension does not exceed the two-thirds pension that was or would have been payable to the deceased husband in accordance with Part V of this Act.
\n
Provided that the amount by which her Widow’s Pension under this Part may be abated in accordance with this article shall not exceed €17.77 per week.
\n
(2)With effect from the date mentioned in sub-article (1), where a widow is not entitled to receive a pension from any of her husband’s former employers, the rate of widow’s pension under this Act to which she is entitled, shall be so increased to ensure that such rate of pension is not less than the applicable rate of the Increased National Minimum Pension payable in terms of article 63, provided that such rate of pension does not exceed five-sixths of the two-thirds pension that was or would have been payable to SOCIAL SECURITY the deceased husband in accordance with Part V:
\n
Provided that with effect from the 2nd January 2016, a widow or a widower who, when reaching pensionable age, will be e nt it l e d to a p e ns i o n in h is or he r ow n na me u nd e r P a r t V, sohowever that such pension is less favourable than the pension due under this article, shall receive the same pensionable rate under
\n
Part V which the spouse of the widow or widower would have
\n
received or would have been entitled to, at the rate payable to a married person who is maintaining his or her spouse:
\n
Provided further that, with effect from 1st January 2022, a widow or widower who is entitled to a rate of pension under Part IV, calculated on five-sixths of the two-thirds of the pensionable income of the deceased spouse worked out in accordance with the provisions of Part V, the proportion of five-sixths of the two-thirds shall be substituted by the proportion shown in the Twelfth Schedule.\".
\n
Art. 34
\n
34.Subject to the provisions of this Part, a widow whose husband at the time of his death was or would have been entitled to a Two-Thirds Pension under this Act, shall, if it is to her advantage, be entitled to a Survivor’s Pension in lieu of any other pension payable under the foregoing provisions of this Part:
\n
Provided that with effect from the 6th January, 1990, the foregoing provisions of this article shall also apply in the case of a widow whose husband has not yet reached his retirement at the time of his death but who before such death had been an employed person or a self-employed person or a self-occupied person for not less than ten years in the aggregate and had paid the proper rate of contributions under this Act at any time after the 21st day of January, 1979.
\n
Art. 35
\n
35.Save as provided for in the proviso to article 37, the full rate of a Survivor’s Pension shall be five-sixths of the Two-Thirds Pension that was or would have been payable to the deceased husband in accordance with Part V of this Act:
\n
Provided that with effect from the 1st January, 1987, where the deceased husband had been, prior to reaching pension age, entitled to a pension under article 26, and at any time thereafter ceased to be entitled to such pension as a result of his becoming gainfully occupied, any contributions credited under article 16 while the deceased husband was entitled to such pension shall, for the purpose of assessing her right to a Survivor’s Pension, be taken i n t o ac c o u n t ; s o h o w e v e r t ha t a n y s u c h n u m b e r o f c r e d i t e d contributions as is taken into account shall not exceed the number of contributions paid by the deceased husband between the date of his cessation of entitlement to such pension and the date of his retirement:
\n
Provided further that for the purposes of calculating a Survivor’s Pension under the provisions of this Part, the Director shall ignore any increase in any wage, salary or income reckoned for the purpose of assessing the pensionable incom e of the deceased husband which does not appear to him to be bona fide:
\n
Survivor’s Pension.
\n
Amended by:
\n
XVI. 1990.15;
\n
XIII. 1991.17;
\n
VIII. 1992.13.
\n
Re-numbered by:
\n
XXIV. 1993.2.;
\n
Amended by:
\n
XXI. 1996.18;
\n
XXXII. 2007.49.
\n
Full rate of Survivor’s Pension.
\n
Amended by:
\n
XX.1987.8;
\n
XVI.1990.16;
\n
VIII.1992.14.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XV. 2016.53.
\n
SOCIAL SECURITY Provided that with effect from the 2nd January 2016, a widow or a widower who, when reaching pensionable age, will be e n t it le d t o a pe nsi on i n hi s or h e r o wn n a m e un de r P a r t V, sohowever that such pension is less favourable than the pension due under this article, shall receive the same pensionable rate under
\n
Part V which the spouse of the widow or widower would have
\n
received or would have been entitled to.
\n
Survivor’s Pension plus pension from late husband’s employer not to exceed two-thirds of pensionable income.
\n
Amended by:
\n
VIII.1992.15.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXII.1997.5.
\n
Art. 36
\n
36.Where the widow is in receipt of a pension from a former employer of the deceased pensioner which is in any way related to the employment of the deceased pensioner prior to his death, if such pension, as adjusted in accordance with the provisions of this Act, and the rate of Survivor ’s Pension applicable in her case together exceed two-thirds (or such other fraction as may have been substituted therefor in accordance with article 55) of the pensionable income of the deceased pensioner or, where the latter’s pension had been reassessed in accordance with the provisions of article 59, of the amount substituted for such pensionable income at the time of the last such reassessment, the rate of Survivor ’s Pension shall, save as provided for in the proviso to article 37, be abated by such an amount as will ensure that the aforementioned two-thirds are not exceeded.
\n
Reassessment of Survivor’s Pension.
\n
Amended by:
\n
XIII.1991.18;
\n
VIII.1992.16.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Art. 37
\n
37.A Survivor’s Pension payable under the foregoing articles shall be reassessed annually in accordance with the provisions of article 59(1); and for the purposes of such reassessment the pension that would have been payable to the deceased pensioner in accordance with article 53 shall be determined as provided in article 59(3):
\n
Provided that any such reassessed Survivor’s Pension shall be such as shall ensure to the widow an increase in pension of not less than two-thirds of the wage increase that is required by law to be awarded generally; sohowever that, where the yearly average of contributions paid by or credited to her husband in accordance with the provisions of articles 53 and 55 is less than 50 but not less than 15, the proportion of two-thirds referred to above in this proviso shall be multiplied by the proportion that the yearly average of such contributions bears to 50, and the result of such multiplication shall substitute the said proportion of two-thirds.
\n
Disqualification from certain benefits.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXV.1994.2.
\n
Art. 38
\n
38.A widow who is in receipt of a Survivor’s Pension may not receive any Sickness, Unemployment, Special Unemployment, or Injury Benefit or any Injury Grant or Injury Pension under this Act.
\n
Entitlement to higher pension.
\n
Amended by:
\n
XIII.1991.21.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Art. 39
\n
39.A widow who is entitled to a Survivor’s Pension and also to a Widow’s Pension under this Part, shall only be entitled to the higher of such pensions.
\n
SOCIAL SECURITY
\n
Art. 40
\n
40.(1) Subject to the provisions of sub-article (3), a widow who is in receipt of any pension under this Part shall, upon remarriage, continue to be entitled to receive a Widow’s Pension for the period starting from the first Saturday following the date of her remarriage, or the 6th January 2007, whichever is the later, and ending on the Friday of the 260th week following the date of marriage, at a weekly rate equivalent to the rate of Widows Pension specified in the Twelfth Schedule, or, in the case were the rate is assessed under article 42A, such rate as is apportioned under such article, as was applicable in her case until the date of her remarriage in terms of articles 31 or 33 and thereafter such pension shall cease to be payable:
\n
Remarriage grant.
\n
Substituted by:
\n
XIII. 1991.22.
\n
Amended by:
\n
VIII. 1992.17.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Substituted by:
\n
XXII. 2007.50.
\n
Amended by:
\n
V. 2012.28;
\n
L.N. 218 of 2012;
\n
IX. 2013.5.
\n
Provided that, with effect from the 7th January, 2012, the period of 260 weeks mentioned in this article shall be increased annually by 52 weeks with effect from the first Saturday in January of each year.
\n
(2)Subject to the provisions of sub-article (1), with effect from the 5th January 2013, a widow who remarried before 6th January 2007 and lost her right to a widows’ pension, will be entitled to a widows’ pension at a weekly rate equivalent to the rate of Widows Pension specified in the Twelfth Schedule, or, in the case were the rate is assessed under article 42A, such rate as is apportioned under such article, as was applicable in her case until the date of her remarriage in terms of articles 31 or 33.
\n
(3)Entitlement to a Widow’s Pension under this article shall also cease in the event of the demise of the spouse or if the widow ceases to remain entitled to a pension in respect of widowhood in terms of article 32, before the lapse of the period of entitlement in accordance with the provisions of sub-article (1).
\n
Art. 41
\n
41.Notwithstanding any other provisions of this Act, a widow who on the 1st day of June, 1979, was in receipt of a Widow’s Pension or a Widow’s Benefit or a Widow’s Allowance or a Widow’s Special Allowance in accordance with the provisions of the National Insurance Act, as in force on that date, shall remain entitled under this Act to such pension, benefit or allowance as the case may be, for so long as she would have remained so entitled had those provisions remained operative after the date aforesaid unless with effect from the 5th January 1991 the foregoing provisions of this Part entitle her to a better rate of pension.
\n
Payment of certain benefits under the National Insurance Act.
\n
Amended by:
\n
XIII.1991.24.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Cap. 147 Repealed.
\n
Art. 42
\n
A widow who receives any pension or benefit under this P a r t o f t h i s A c t a n d w h o i s a r e s i d e n t o f a St a t e F i n a n c e d Residential Service as provided under article 93, shall have such pension or benefit apportioned in the manner provided under that article.
\n
Widow in state financed residential service.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Substituted by:
\n
II. 2004.22.
\n
Art. 42A
\n
42A. (1) Where the deceased insured person, as a consequence of having been divorced, has one widow or more, the pension in respect of widowhood shall be apportioned. Each widow, with the exception of the actual widow, shall take a portion of the pension in respect of widowhood which shall be based on her respective period of marriage, meaning:
\n
Apportionment of pension in respect of widowhood where there is more than one widow.
\n
Added by:
\n
L.N. 218 of 2012.
\n
SOCIAL SECURITY (a) in the case where there was a divorce, from the date of the marriage up to the date of divorce; and (b) in the case where there was a personal separation, and where no legal right to maintenance existed in favour of the widow, from the date of marriage up to the date of death of the insured person.
\n
(2)The portion of the pension in respect of widowhood due to the widow under sub-article (1): (a) shall only be with respect to those years of the marriage, as defined in sub-article (1), during which the deceased husband was paying or was credited social security contributions under this Act; and (b) shall be calculated on the period provided for in paragraph (a), which bears to the total period of contribution years on which the contribution average of the deceased husband is assessed for the purpose of establishing his retirement pension in accordance with this Act.
\n
(3)The actual widow shall take such portion of the pension in respect of widowhood as shall remain following apportionment made in accordance with sub-articles (1) and (2).
\n
Maximum rate of pension in respect of widowhood.
\n
Added by:
\n
L.N. 218 of 2012.
\n
Art. 42B
\n
42B. In case of widows entitled to receive more than one pension in respect of widowhood by virtue of this Part, the aggregate amount payable as a pension in respect of widowhood shall in no case exceed the maximum pension payable under article 35.
\n
Widower’s Pension.
\n
Added by:
\n
XIII.1991.25.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
II. 1999.10.
\n
Art. 43
\n
The foregoing provisions of this Part shall also apply, mutatis mutandis, in the case of a widower.
\n
PART V
\n
PENSIONS IN RESPECT OF RETIREMENT Entitlement to a pension in respect of retirement.
\n
Amended by:
\n
XVI.1990.19.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XIX, 2006.6.
\n
Art. 44
\n
44.Subject to the other provisions of this Act, a person shall be entitled to a Retirement Pension, or Increased Retirement Pension or National Minimum Pension or Increased National Minimum Pension or the Guaranteed National Minimum Pension, as the case may be, at one of the rates specified in the Twelfth Schedule to this Act or a Two-Thirds Pension at such a rate as is established in accordance with the provisions of articles 53 to 57 with effect from the date of his retirement if (a) on the date of his retirement he satisfies the relevant contribution conditions; and (b) he makes a claim therefor within six months of such date. When he does not make a claim within six months of his retirement the pension shall be payable with effect from the day on which the claim is made.
\n
SOCIAL SECURITY
\n
Art. 45
\n
(Deleted by XXXII. 2007.51)
\n
Art. 46
\n
46.When the person applying for a pension under this Part is a widow, she shall be entitled to elect that, in calculating the yearly average of the contributions paid by or credited to her, there shall be treated as so paid or credited either (a) for each of her contribution years falling wholly or partly before her husband’s death, or (b) for each of her contribution years falling wholly or partly during the period of her marriage, Disqualification from a pension in respect of retirement.
\n
Amended by:
\n
VIII. 1992.18.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Substituted by:
\n
XIX. 2006.7.
\n
Option of widow claiming a pension in respect of retirement.
\n
Amended by:
\n
XVI.1990.20.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
L.N. 218 of 2012. a number of contributions equal to the yearly average of the contributions paid or credited to her husband (being the yearly average which was ascertained in connection with her claim for a pension under Part IV of this Act, or would have been so ascertained if she had made such a claim) instead of the number of contributions actually paid by or credited to her for that year:
\n
Provided that paragraph (a) shall only apply to an actual widow and only with respect to those contributions as not already credited to any other widow.
\n
Art. 47
\n
47.(1) Subject to the provisions of this Act, where a person is entitled to a Service Pension (i) with effect from the first Saturday of January, 1991, if his Service Pension and the rate of Retirement Pension applicable in his case together exceed two-thirds of his pensionable income, such person shall be entitled to a Retirement Pension; or (ii) if his Service Pension and the rate of Retirement Pension applicable in his case in terms of the foregoing provisions of this sub-article together do not exceed two-thirds of his pensionable income, such a person shall be entitled to an Increased Retirement Pension or such part thereof as shall ensure that the aforementioned two-thirds of his pensionable income are not exceeded. So however that, subject to the maximum rate of pension payable as laid down in article 54(b), for the purposes of awarding a Two-Thirds pension, such rate of Increased Retirement Pension as may be applicable in his case, utilizing the same yearly average of contributions taken in the award of such pension, may be further increased by one-third of the difference obtaining by deducting the sum total of his service pension and the applicable Entitlement to Retirement Pension and Increased Retirement Pension.
\n
Amended by:
\n
XX. 1987. 9;
\n
XIII.1991.26.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXI.1996.19.
\n
SOCIAL SECURITY rate of Increased Retirement Pension payable to him from the amount that is equivalent to twothirds of his pensionable income.
\n
(2)For the purposes of this article the \"current basic weekly wage or basic salary\" shall be taken to be that current on the first Saturday of the year in respect of which any payment under this article falls due.
\n
No right to particular pensions after 16th January, 1979.
\n
Amended by:
\n
XVI. 1990. 21.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
VII.2018.38.
\n
Art. 48
\n
48.If the date of first entry in insurance of a person falls on or after the 16th day of January, 1979, such a person shall not be entitled to a Retirement Pension or to an Increased Retirement Pension or to a National Minimum Pension or to an Increased National Minimum Pension under this Part, but shall be entitled to the pension mentioned in article 52 under the conditions therein mentioned, sohowever that with effect from 1st January 2018, a person whose first entry in insurance under this Act falls after the 16th of January 1979, shall be eligible to a Retirement Pension or to an Increased Retirement Pension or to a National Minimum Pension or to an Increased National Minimum Pension under this Part.
\n
Proportion of completed months of service.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Art. 49
\n
49.For the purposes of article 47, where a person has been in employment for less than thirty years in the aggregate prior to his retirement, the references to the proportion of two-thirds shall be substituted by references to the proportion that the number of completed months of service bears to 540:
\n
Provided that, where the proportion which the Service Pension of a person bears to his wage or salary and other pensionable emoluments on which the said Service Pension was based 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 the references to the proportion of two-thirds shall in no case be substituted by a proportion higher than two-thirds.
\n
National Minimum Pension.
\n
Amended by:
\n
XVI. 1990. 23;
\n
XIII.1991.27.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXV.1994.9;
\n
XIX. 2006.8.
\n
XXXIX. 2015.4.
\n
XV. 2016.54.
\n
Art. 50
\n
50.Subject to the provisions of this Act, a person born on or before the 31st December 1961 who is not entitled to a Service Pension shall be entitled under this Part to a National Minimum Pension, the highest rate of which, including any increases in terms of the provisions of article 90A, shall be equivalent to (a) in the case of a married person whose spouse is not in receipt of a social security pension, four-fifths, and (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 such pension is due:
\n
Provided that with effect from the 1st January 2016, a person born on or after the 31st December 1961 who is not entitled to a Service Pension shall be entitled to the Guaranteed Mininum Level of Pension according to the Twelfth Schedule.
\n
SOCIAL SECURITY
\n
Art. 50A
\n
50A. Subject to the provisions of this Act, a person born on or after the 1st January 1962, who reaches pensionable age, who is not entitled to a Service Pension shall be entitled to a Guaranteed National Minimum Pension which shall be payable at such rate being not less than sixty percent of the National Median Income as the Minister may, with the concurrence of the Minister responsible for finance, by order under this article from time to time establish and in any case, such Guaranteed National Minimum Pension shall not be less than that established for the preceding year.
\n
Guaranteed National Minimum Pension.
\n
Added by:
\n
XIX. 2006.9.
\n
Amended by:
\n
XV. 2016.55.
\n
Art. 51
\n
51.Notwithstanding the provisions of articles 47 and 49, where a person is entitled to a Service Pension and his Service Pension together with the rate of Retirement Pension or Increased Retirement 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, such person shall be entitled to the National Minimum Pension or the Guaranteed National Minimum Pension as applicable, abated by his Service Pension.
\n
Decreased National Minimum Pension.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XIX. 2006.10.
\n
Art. 52
\n
A person (a) who has been an employed or self-employed or selfoccupied person for not less than ten years in the aggregate prior to his retirement; and (b) whose retirement occurs on or after the 16th day of January, 1979; and (c) who has paid the proper rate of contribution under this Act at any time after the 21st day of January, 1979, Qualifying condition for a Two-Thirds Pension.
\n
Amended by:
\n
XVI. 1990. 24.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXI. 1996.20;
\n
XXXII. 2007.52. shall be entitled to a Two-Thirds Pension under and in accordance with the provisions of this Part in lieu of a Retirement Pension, or Increased Retirement Pension or National Minimum Pension or Increased National Minimum Pension, if the rate of such two-thirds Pension is more advantageous to the pensioner.
\n
Art. 53
\n
53.(1) The full rate of the Two-Thirds Pension mentioned under article 52 shall be two-thirds of the pensionable incomes of the insured person who has paid or been credited with a yearly average of fifty contributions over a period (i) of thirty years in the case of a person born on or before the 31st December 1951; or (ii) of thirty five years in the case of a person born during calendar years 1952 to 1961; or (iii) of forty years in the case of a person born during calendar years 1962 to 1968; or (iv) of forty-one years in the case of a person born on or after the 1st January 1969; (v) of forty-two years in the case of a person born on or after the 1st January 1976; (vi) in the case of a person who is entitled to a pension under article 26, for such other smaller number of years, or (vii) in awarding a Survivor’s pension in accordance Full rate of the Two-Thirds Pension.
\n
Amended by:
\n
XIII.1991.29;
\n
VIII.1992.19.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXIV.1993.6;
\n
XXI.1996.21;
\n
II. 1999.11;
\n
XIX. 2006.11;
\n
XV. 2016.56;
\n
IX.2025.24.
\n
SOCIAL SECURITY with the proviso to article 34, for such other smaller number of years as may correspond to the number of years since the eighteenth birthday of the deceased spouse and the date of his death, as corresponds to the number of years from the 1st day of January, 1956, or if the person so elects, from the 1st day of January, 1965, up to the end of the contribution year immediately preceding his retirement:
\n
Provided that (a) in the case of a person born on or before the 31st December 1961 the period of years to be taken into account in accordance with this article shall include the last ten consecutive years ending on the last day of the contribution year immediately preceding his retirement; and (b) save as provided for in paragraph (d) of this proviso, no account shall be taken of contributions credited under article 16 while the person was entitled to a pension under article 26; and (c) in the case of a self-employed person who has paid less than 156 contributions after the 21st day of January, 1979, where the Director is satisfied that such lack of contributions was due to circumstances beyond the control of the self-employed person concerned, the said proportion of two- thirds shall be substituted by such other proportion as the number of contributions paid after the 21st day of January, 1979, bears to 234; otherwise, such self-employed person shall not be entitled to a Two-Thirds Pension under this article but shall instead be entitled to a pension as is payable under and in accordance with the other provisions of this Part; and (d) with effect from the 1st January, 1987, where a person was, at any time, entitled to a pension under article 26, and thereafter ceased to be entitled to such pension as a result of his becoming gainfully occupied, any contributions credited under article 16 while he was entitled to such pension shall, for the purposes of assessing his right to a Two-Thirds Pension under this Act, be taken into account notwithstanding the provisions of paragraph (b) of this proviso; sohowever that, any such number of such credited contributions as is taken into account shall not exceed the number of contributions paid by him between the date of his cessation of entitlement to such pension and the date of his retirement:
\n
Provided further that, where a person had paid contributions after the 21st January 1979 and was at any time thereafter entitled to a pension under article 26, with effect from the 4th January, 1992, any contributions credited under article 16 after the 21st SOCIAL SECURITY January 1979 while he was entitled to such pension shall, for the purposes of assessing his right to a Two-Thirds Pension under this Act, be taken into account notwithstanding the fact that thereafter he never ceased to be entitled to such pension as aforesaid in the foregoing proviso of this paragraph; sohowever that, any such number of such credited contributions after the 21st January, 1979 as is taken into account shall not exceed the number of contributions paid by him after the 21st January, 1979.
\n
(2)The provisions of sub-article (1) (other than the provisions of paragraph (d) of the first proviso thereto and the provisions of the second proviso thereto and any references to the said paragraph (d) in paragraph (b) of the said first proviso) shall have effect as from the 22nd day of January, 1979.
\n
(3)For the purposes of this article, in the case of a person born on or before the 31st December 1961 and with effect from the 22nd January 1979, in arriving at the yearly average of contributions referred to in sub-article (1), the yearly average of the contributions as is related to the last ten consecutive years referred to in paragraph (a) of the proviso to the aforesaid sub-article (1) and the yearly average of the contributions as is related to the years immediately prior to the said last ten consecutive years shall be assessed separately and the mean of these two yearly averages shall constitute the yearly average of contributions that is required under this Act for the purpose of awarding a Two-Thirds Pension.
\n
(4)For the purposes of this article, in the case of a person born between the 1st January 1962 and the 31st December 1968, in arriving at the yearly average of contributions in terms of subarticle (1), the yearly average of contributions required under this Act for the purposes of awarding a Two Thirds Pension shall be assessed on any period of forty years between the first day of his contribution year in which he reaches the age of eighteen and the last day of his last complete contribution year before the beginning of his benefit year which includes the day on which the conditions are required to be satisfied.
\n
(5)In the case of a person born between the 1st January 1969 and the 31 st December 1975, for the purpose of calculating the yearly average of contributions in terms of sub-article (1), the yearly average of contributions required in accordance with this Act for the purposes of awarding a Two Thirds Pension shall be assessed on any period of forty-one years between the first day of his contribution year in which he reaches the age of eighteen and the last day of his last complete contribution year before the beginning of his benefit year which includes the day on which the conditions are required to be satisfied.
\n
(6)In the case of a person born on or after the 1st January 1976, for the purpose of calculating the yearly average of contributions in terms of sub-article (1), the yearly average of contributions required in accordance with this Act for the purposes of awarding a Two Thirds Pension shall be assessed on any period of forty-two years between the first day of his contribution year in which he reaches the age of eighteen and the last day of his last complete contribution year before the beginning of his benefit year which includes the day on which the SOCIAL SECURITY conditions are required to be satisfied.
\n
Minimum and maximum rates of the Two-Thirds Pension.
\n
Amended by:
\n
XVI. 1990. 26;
\n
XIII.1991.30;
\n
VIII.1992.20.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXIV.1993.7;
\n
XXV.1994.10;
\n
XXVII.1995.5.
\n
Substituted by:
\n
XXI.1996.22.
\n
Amended by:
\n
XIX. 2006.12.
\n
Art. 54
\n
54.Where a person qualifies for the full Two-Thirds Pension under article 53, then, notwithstanding the provisions of that article, but subject to the provision of paragraph (c) of the proviso thereto, that person shall in no case receive - Reduced rates of the Two-Thirds Pension.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Art. 55
\n
55.Where a person would be entitled to the full rate of a TwoThirds Pension but for the fact that the yearly average of 50 contributions required by article 53 is not satisfied, such person shall nonetheless be entitled, if the said average is not less than 15 t o a r e d u c e d Tw o - T h i r d s P e n s i o n ; a n d f o r t h e p u r p o s e o f determining such reduced pension the proportion of two-thirds referred to in articles 53 and 54 or any other proportion substituted therefor in accordance with proviso (c) of the said article 53 shall be multiplied by the proportion that the yearly average of contributions paid or credited (other than those credited under article 16 while the insured person was entitled to a pension under article 26) bears to 50, and the result of such multiplication shall substitute the said proportion of two-thirds.
\n
Abatement of the Two-Thirds Pension due to Service Pension.
\n
Amended by:
\n
XVI.1989.9.
\n
Substituted by:
\n
XVI.1990.27.
\n
Amended by:
\n
VIII.1992.21.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXIV.1993.8;
\n
XXII.1997.6.
\n
Art. 56
\n
56.Where a person is entitled to a Service Pension, other than a Service Pension which has been commuted, at any time, in whole, any pension arrived at in accordance with the provisions of articles 53 to 55 of this Part shall be abated by the amount of such Service Pension.
\n
Entitlement to more advantageous pension.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Art. 57
\n
57.Where a person qualifies for a pension under article 26 and under Part IV of this Act and for a pension under this Part, he shall be entitled to receive the pension which is more advantageous to him, but only such pension; but when in accordance with this Part a Two-Thirds Pension is paid to him, he shall continue to receive only that pension. (a) less than the full rate of the National Minimum Pension, inclusive of the additional allowance, payable according to such person’s marital status, as is specified in the Twelfth Schedule; or the Guaranteed National Minimum Pension payable in terms of article 50A, as the case may be; or (b) more than the highest rate of a Two-Thirds Pension in accordance with the Twelfth Schedule to this Act.
\n
SOCIAL SECURITY
\n
Art. 58
\n
58.For the purposes of this Part, in calculating the pensionable income, the Director shall ignore any increase in any wage, salary or income reckoned for the purpose of assessing or reassessing such pensionable income (a) which is meant to substitute (i) any form of fringe benefit and/or personal drawings, whether ex-cash or ex-bank, to which the person concerned would have otherwise been entitled from his employer; and (ii) any other form of income or remuneration which was previously receivable by the person concerned from any source and in respect of which no contribution was payable; (b) any other increase in such wage or salary which does not appear to the Director to be bona fide; and (c) any accelerated increment; and (d) any remuneration for overtime, any form of bonus, any extra allowances, any remuneration in kind or commission which did not form part of the basic wage or salary, and which in any manner becomes part of the basic wage or salary during the period on which the pensionable income is to be assessed:
\n
Provided that, where a full-time employee opts to work with reduced hours, the provisions of paragraph (d) shall not apply with respect to any extra allowance which in any manner becomes part of the basic wage or salary during the period in which the pensionable income is to be assessed, as long as: (i) the gross wage or salary, including the said extra allowances, of such employee does not, during the period during which the said employee is working on reduced hours, exceed the full basic wage or salary of the post in which such employee is working; and (ii) the Director is informed by the employer that he intends implementing a scheme as contemplated in this proviso and the Director gives his written approval of the scheme before such scheme is taken up by one or more of the employees directly employed with the employer making the request:
\n
Provided further that, without prejudice to the provisions of the above proviso, where the Director is satisfied that a person is in receipt of a pension which was calculated on the basis of a pensionable income which includes income as described in this article, the Director shall re-assess the pension payable to such person in such a manner to ensure that the provisions of this article are duly applied with regard to future payments.
\n
Increases not considered in the assessment or reassessment of a Pensionable Income.
\n
Substituted by:
\n
XVI. 1989.10.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
III. 2005.9;
\n
II. 2009.24;
\n
I. 2012.5.
\n
Annual reassessment of pensions.
\n
Amended by:
\n
XVI.1990.29;
\n
XIII. 1991.31;
\n
VIII.1992.22.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXIV.1993.9;
\n
XXV.1994.11;
\n
XXI.1996.23;
\n
XIX. 2006.13;
\n
XIII. 2015.85;
\n
VII.2018.39;
\n
XIII.2024.20.
\n
SOCIAL SECURITY
\n
Art. 59
\n
59.(1) In respect of persons born on or before the 31st December 1961, any pension issued under this Part shall be reassessed annually with effect from the first Saturday in January of the year of the reassessment as provided for in sub-articles (2) to
\n
(6).
\n
(2)In the case of a person whose retirement occurred before the 22nd day of January, 1979 (i) if on retirement he was an employed person, such reassessment shall be effected by substituting for the pensionable income the current wage or salary, as on the effective date of the reassessment, of the post he occupied immediately before his retirement or of the post on which the Service Pension was awarded, whichever is the higher; (ii) if on retirement he was a self-employed or selfoccupied person, such reassessment shall be effected by substituting for the pensionable income the current wage or salary, as on the effective date of the reassessment, of the post on which the Service Pension was awarded.
\n
(3)In the case of a person whose retirement occurs on or after the 22nd day of January, 1979, such reassessment shall be effected by substituting for the pensionable income the aggregate of such pensionable income and (i) if he is to be treated as an employed person, the amount by which the current wage or salary of the highest post occupied during the best consecutive period on which his pensionable income had been computed exceeds, on the effective date of the reassessment, the wage or salary of the last post on which his pensionable income had been computed on the date of retirement; sohowever that, where the aforesaid highest post was in Government service or so analogued in terms of this sub-article, with effect from the 5th January 1991 the aforesaid current wage or salary pertaining to such highest post shall be that currently paid to the occupier of the current post in terms of and in accordance with the new wage/salary structure for Government employees as implemented by Government with effect from 1st January 1991; and, for this purpose, any service increments that would become payable with effect from 1st January 1994 in accordance with the aforesaid new wage/salary structure to the occupier of such highest post shall only be taken into account if such increments have already been acquired prior to his retirement:
\n
Provided that where the said best consecutive period ends on the last day of the SOCIAL SECURITY year immediately preceding his retirement or his becoming an invalid in terms of this Act, as the case may be, the reference to the \"highest post\" in this sub-paragraph shall include any post occupied by the pensioner up to the date of his retirement or invalidity as aforesaid; (ii) if he is to be treated as a self-employed or selfoccupied person, the total wage increases required by law to be awarded generally in respect of the period intervening between the date of retirement and the effective date of the reassessment.
\n
(4)Where any of the posts referred to in the foregoing provisions of this article no longer exists, (a) if such post was occupied in Malta, there shall be substituted therefor such analogous post in Malta in the service of the Government of Malta or, where such analogous post does not exist in the service of the Government of Malta, in the service of any parastatal organization in Malta, which carried a wage or salary most nearly corresponding to that of the first mentioned post at the time when it was last occupied by the pensioner:
\n
Provided that notwithstanding the provisions of this paragraph, with effect from 1st January, 2015, any salary that should be analogued with the wage/salary structure for Government employees, will be effected from the date of the company’s closure or the post at the place of work ceased to exist; or (b) if such post was occupied outside Malta, (i) where a Service Pension has been awarded to the pensioner on such post, there shall be substituted therefor such analogous post in the country where such employment existed as is available in the service of the Government of that country or, where such analogous post does not exist in the service of that Government, in the service of any parastatal organization in that country, which carried a wage or salary most nearly corresponding to that of the first mentioned post at the time when it was last occupied by the pensioner; and (ii) where no Service Pension has been awarded to the pensioner on such post, the provisions of paragraph (a) of this proviso shall apply notwithstanding the fact that such post was occupied outside Malta.
\n
(5)For the purposes of this article but save as provided for in article 54, the amount to be substituted for the pensionable income shall be greater than the amount substituted for the pensionable income on the occasion of the previous reassessment by a sum of SOCIAL SECURITY not less than that of the total wage increases required by law to be awarded generally in respect of the period following the said last reassessment; and where a reassessment is made for the first time, the amount to be substituted for the pensionable income of a person shall be greater than his pensionable income by not less than the total wage increases as aforesaid in respect of the period following the date of his retirement.
\n
(6)For the purposes of this article, with effect from the 22nd day of January 1979, in establishing the current wage or salary pertaining to a post which had been occupied by the pensioner prior to his retirement, any service incremental stages, if any, within the wage or salary scale pertaining to that post shall only be taken into account if such incremental stages had already been reached by the pensioner prior to his retirement.
\n
(7)In respect of persons born on or after the 1st January 1962, pensions under this Part, with effect from the first Saturday of January of each year, shall be increased annually by such sum as corresponds to seventy percent of the percentage increase in the national average wage as published by the National Statistics Office established by virtue of article 9 of the Malta Statistics Authority Act, for the previous calendar year plus thirty percent of the inflation rate as published by the said National Statistics Office for the previous calendar year; and the provisions of article 90A shall not apply to such pensions:
\n
Provided that, with effect from the 1st of January 2024, the provisions of this sub-article shall also apply in respect of persons born on the 31st of December 1961 or before.
\n
(8)Notwithstanding the provisions of this article, with effect from 1st January 2018, a pension paid under Part V shall be reassessed also when the pensioner who reaches the age of 65 is receiving a reduced pensioner’s rate due to a deficiency in the average contributions, by considering those contributions paid by the pensioner by virtue of an insurable occupation which occurs after the pensionable age.
\n
(9)Notwithstanding the provisions of this article, with effect from the 1st of January 2024, any pension issued under this Part shall be reassessed, with effect from the first Saturday in January of the year as provided for in sub-articles (2) to (6), and the provisions of sub-article
\n
(7)shall apply for the subsequent years.
\n
Pension based on credited contributions.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Art. 60
\n
60.A person who during the last ten calendar years immediately preceding his retirement was not liable to pay a contribution under this Act shall not be debarred from receiving a Two-Thirds Pension if, for each contribution week during the said ten years, he was entitled to a credited contribution in accordance with article 16; and, for the purpose of assessing his pensionable income, his date of retirement shall be deemed to be the last day of his employment or self-occupation, as the case may be.
\n
SOCIAL SECURITY
\n
Art. 61
\n
61.The pensionable income of a person who becomes entitled to a Two-Thirds Pension under this Part and who immediately before becoming so entitled was in receipt of a pension under article 26, shall be that specified in the Thirteenth Schedule to this Act or, where the person concerned is entitled to a Service Pension, the current wage or salary of the post on which his Service Pension was awarded, whichever is the higher; and for this purpose the \"current wage or salary\" shall be taken to be that current on the first Saturday of the year in respect of which any payment under this article falls due.
\n
Persons in receipt of a pension in respect of invalidity.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Art. 61A
\n
61A. The pensionable income of a person born before the 1st January, 1962 who becomes entitled to a pension in respect of retirement or invalidity in accordance with this Act and who had accepted to partake of an early retirement scheme after 1st January 2008 in anticipation of the privatization or as a part of the process of restructuring of an entity in which the Government, at the time when such person accepted to take up early retirement, was the owner or the majority shareholder, shall be that specified in the Thirteenth Schedule, or the pensionable income which would have otherwise resulted in accordance with the provisions of this Act, had that person’s last day of employment following the acceptance of the early retirement arrangement been the date of retirement or invalidity, whichever pensionable income is the higher:
\n
Persons who have partaken of an early retirement as a result of a privatization process.
\n
Added by:
\n
I. 2012.6.
\n
Substituted by:
\n
IX. 2013.6.
\n
Amended by:
\n
VII.2019.33.
\n
Provided that, with effect from 1st January 2019, the provisions of this article shall also apply to a person born before 1st January 1962 who becomes entitled to a pension in respect of retirement or invalidity in accordance with this Act and who had accepted to partake of an early retirement scheme after the 1st January 2003, in anticipation of the privatization or as a part of the process of restructuring of an entity in which the Government, at the time when such person accepted to take up early retirement, was the owner or the majority shareholder.
\n
Art. 62
\n
62.Where a married person becomes invalid or suffers any permanent loss of physical or mental faculty arising out of his employment or self-occupation in accordance with article 29, or reaches pension age on or after the 1st day of April, 1978, and becomes entitled to receive a pension payable under articles 26 or 29 or under Part V (excluding a Two-Thirds Pension) of this Act, then, if his/her spouse is in his/her own right in receipt of any pension payable under the aforementioned articles or to a TwoThirds Pension in accordance with the provisions of this Part, the pension payable shall be paid at the rate applicable for a single person:
\n
Provided that if either one of the spouses, being already in receipt of a pension payable under the said articles or Part, shall renounce to the right aforesaid, then the pension payable to the spouse who retains his/her pension right shall be paid at the rate applicable for a married person.
\n
Pension payable to the single rate to a married person.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXV.1994.2.
\n
Substituted by:
\n
XXXIX. 2015.5.
\n
Increased National Minimum Pension.
\n
Amended by:
\n
XVI. 1989.11.
\n
Substituted by:
\n
XVI. 1990. 30.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXI.1996.24.
\n
SOCIAL SECURITY
\n
Art. 63
\n
63.(1) A person who is entitled to a National Minimum Pension in virtue of the provisions of articles 50 and 51 shall, in its stead but subject to and in accordance with the following provisions, be entitled to an Increased National Minimum Pension at one of the rates payable in accordance with the Twelfth Schedule to this Act, or to such part thereof, if any, as shall ensure that his rate of such pension does not exceed two-thirds of his pensionable income. So however, that where such rate of pension does not exceed two-thirds of his pensionable income, subject to the maximum rate of pension payable in terms of article 54 for the purposes of awarding a Two-Thirds Pension, such rate of pension, utilizing the same yearly average of contributions taken for the award of such pension, may be further increased by one-third of the difference obtaining by deducting such rate of pension from the amount taken by way of two-thirds of his pensionable income.
\n
(2)For the purposes of sub-article (1) (i) the pensionable income mentioned therein shall, in each and every case, be substituted with effect from the first Saturday of the year in respect of which any payment under this article falls due in the manner provided for by article 59(3), irrespective of the date of retirement; and (ii) the proportion of two-thirds mentioned therein shall, where the yearly average of contributions ascertained in connection with the claim for a pension under this Part is less than 50, be multiplied by the proportion that such yearly average bears to 50, and the result of such multiplication shall substitute the said proportion of two-thirds.
\n
National Minimum Pension Additional Allowance.
\n
Added by:
\n
VIII.1992.23.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXV.1994.12.
\n
Art. 64
\n
64.Any person who is entitled to a National Minimum Pension in virtue of the provisions of articles 50 and 51 shall, in addition to such pension, receive a National Minimum Pension Additional Allowance in accordance with the Twelfth Schedule to this Act, and, for the purposes of this Act, such allowance shall be treated as if it were a pension payable under this Act.
\n
Retirement before pension age.
\n
Added by:
\n
XIX. 2006.14.
\n
Amended by:
\n
XV. 2016.57.
\n
Art. 64A
\n
64A. Notwithstanding the provisions of this Part, a person who has attained the age of sixty-one years but has not yet attained pension age, may after attaining sixty-one years of age claim a pension payable under this Part before attaining pension age if such person is no longer gainfully occupied and has since reaching his eighteenth birthday had a total of: (i) 2132 paid or credited contributions in the case of a person born on or after the 1st January 1969 sohowever that (a) persons born in the calendar year 1969 must have 1612 paid contributions from the total 2132 contributions required, (b) persons born in the calendar year 1970, must have 1664 paid contributions from the total 2132 SOCIAL SECURITY contributions required, (c) persons born in the calendar year 1971, must have 1716 paid contributions from the total 2132 contributions required, (d) persons born in the calendar year 1972, must have 1768 paid contributions from the total 2132 contributions required, (e) persons born in the calendar year 1973 or later must have 1820 paid contributions from the total 2132 contributions required; (ii) 2080 paid or credited contributions in the case of a person born between the 1st January 1962 and the 31st December 1968; or (iii) 1820 paid or credited contributions in the case of a person born during calendar years 1952 to 1961.
\n
Art. 64B
\n
64B. (1) The Minister shall within intervals not exceeding the period of five years lay on the Table of the House a report reviewing the workings of Part V of this Act within the previous five years together with recommendations, if any, with a view of achieving further adequacy, sustainability and social solidarity in such manner that a stable proportion is kept between the contribution periods as referred to in article 53 and the periods of time during which it is expected that the pension will be paid in accordance with Part V of this Act:
\n
Five yearly review.
\n
Added by:
\n
XIX. 2006.14.
\n
Amended by:
\n
XV. 2016.58.
\n
Provided that the first report shall not be submitted later than the 31st December 2020, and subsequent reports shall be submitted at intervals of not more than five years, as provided for in this sub-article, after such date.
\n
(2)The report mentioned in sub-article (1) shall be discussed by the Social Affairs Committee of the House or any other committee substituting the same.
\n
Art. 64C
\n
64C. (1) It shall be lawful for the Minister, in concurrence with the Minister responsible for finance, from time to time, to make and when made vary any regulations under this article requiring persons who have not reached pension age and their employers as the case may be, to make contributions into Second Pension funds which provide for the payment of a regular income or other benefits to such persons and, or their dependants after or upon reaching pension age and may in particular by such regulations provide for the rate of contributions payable as well as the method and times when such payments are to be made.
\n
Mandatory Second Pension.
\n
Added by:
\n
XIX. 2006.14.
\n
(2)Any sum or other benefit payable by Second Pension funds to which such regulations may refer shall not be considered as Service Pensions for the purposes of this Act.
\n
(3)Second Pension funds shall be funds governed by the Special Funds (Regulation) Act.
\n
(4)No regulation, or any amendment thereto or any substitution or revocation thereof, made under this article shall SOCIAL SECURITY have effect unless it has received the prior approval of the House signified by resolution.
\n
Voluntary Third Pension.
\n
Added by:
\n
XIX. 2006.14.
\n
Amended by:
\n
XXXVI. 2014.3.
\n
Art. 64D
\n
64D. (1) The Minister may, with the concurrence of the Minister responsible for finance, provide for exemptions, deductions against chargeable income, or relief from income tax in respect of contributions made by any person to a Third Pension which provide for the payment of a regular income or other benefits to such persons and, or their dependants in line with the provisions of the Special Funds (Regulation) Act or the Retirement Pensions Act.
\n
(2)Any sum or other benefit payable by Third Pension funds referred to in this article shall not be considered as Service Pensions for the purposes of this Act.
\n
(3)Third Pension funds shall be funds governed by the Special Fun ds (Regul atio n) Act , or the Insu rance Business Act , as applicable.
\n
Pensioners in state financed residential service.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Substituted by:
\n
II. 2004.23.
\n
Art. 65
\n
65.A pensioner who receives any pension under this Part of the Act and who or whose spouse, as the case may be, becomes a resident of a State Financed Residential Service as provided under article 93, shall have such pension apportioned in the manner provided under that article.
\n
PART VI
\n
OTHER PENSIONS, BENEFITS AND ALLOWANCES Age Pension.
\n
Substituted by:
\n
XVI. 1989.12.
\n
Amended by:
\n
XVI. 1990.31;
\n
XIII. 1991.32;
\n
VIII. 1992.24.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXIV. 1993.10;
\n
XXV. 1994.13;
\n
XXVII. 1995.6;
\n
XXI. 1996.25;
\n
II. 2004.24;
\n
XXXIX. 2015.6.
\n
Art. 66
\n
66.(1) Save as provided for in article 96 and subject to the other provisions of this Act, a person who (a) has attained the age of sixty years; and (b) shows to the satisfaction of the Director that (i) he/she is a citizen of Malta and normally resides in Malta; and (ii) his/her weekly means, calculated in accordance with the provisions of Part IV of the Second Schedule to this Act, do not exceed the highest rate of Age Pension which, in the case of a married couple where both spouses qualify for a pension in their own right, shall be equivalent to 80%, and in the case of widowed or single persons, up to 60% of the national minimum wage as is applicable to persons of eighteen 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 such pension is due, and as is specified in Part II of the Sixth Schedule to this Act according to his category, shall be entitled to an Age Pension under this Act in accordance with the provisions of sub-article (2).
\n
(2)A person who becomes entitled to a pension under sub- SOCIAL SECURITY article (1) shall receive such weekly rate of pension as will bring his total weekly means calculated in accordance with the provisions of sub-article (1) up to the highest rate of pension payable in ac c o r d a n c e w i t h P a r t I I o f t h e S i x t h S c h e d u l e t o t h i s A c t ; sohowever that, save as provided for in article 96 and in the second proviso to paragraph 4 of Part IV of the Second Schedule to this Act, where a married couple both qualify for a pension under the provisions of this article or of article 27, any such pension shall be apportioned equally between each of the spouses.
\n
Art. 67
\n
67.The parent of a person who dies as a result of a personal injury caused by an accident arising out of or in the course of his employment or self-occupation or deemed to be so in accordance with the provisions of article 28 or as a result of an industrial disease as is referred to in that article shall be entitled for life to a Parent’s Pension at the rate set out in the Twelfth Schedule to this Act from the date of the person’s death, if at that date he/she - Parent’s Pension.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXXII. 2007.53;
\n
XXXIX. 2015.7. (i) was being wholly or mainly maintained by him/ her or would but for the relevant accident have been so maintained; and (ii) was either over pension age, or was permanently incapable of self-support:
\n
Provided that if both parents of the deceased person are e n t i t l e d t o a P a r e n t ’s P e n s i o n , a n y s u c h p e n s i o n s h a l l b e apportioned equally between each of the parents.
\n
Art. 68
\n
68.(1) (a) Subject to the provisions of this Act, a single person or a married person or a person who proves to the satisfaction of the Director, by providing the necessary documentation, that they have been cohabiting in similar circumstances to marriage, civil union or registered cohabitation for at least ten (10) years immediately prior to the application and that such cohabitation was not registered due to pending legal proceedings who has not yet reached pension age in accordance with the provisions of this Act and who proves to the satisfaction of the Director that he is a citizen of Malta or of the European Union and is regularly residing in Malta, shall be entitled to a Carer’s Allowance in accordance with sub-article (2)(a), if such person proves to the satisfaction of the Director that he is taking care, all by himself, on a full-time basis and regularly of his spouse or parent, brother, sister, grandparent, uncle, aunt, father or mother-inlaw, or brother or sister-in-law and who is living in the same household as that of such person. (b) Subject to the provisions of this Act, a single or a married person or a person who proves to the satisfaction of the Director, by providing the necessary documentation, that they have been cohabiting in similar circumstances to marriage, civil union or registered cohabitation for at least ten (10) years immediately prior to the application and that such cohabitation was not registered due to pending legal proceedings who has not yet reached pension age in accordance with the provisions of this Act and who proves to the Carer’s Allowance and Increased Carer’s Allowance and Carer’s Grant.
\n
Substituted by:
\n
XVI. 2017.30.
\n
Amended by:
\n
VII.2018.40;
\n
VII.2019.34;
\n
XVIII.2021.23;
\n
VII.2022.36;
\n
XII.2023.28;
\n
IX.2025.25.
\n
SOCIAL SECURITY satisfaction of the Director that he is a citizen of Malta or of the European Union and is regularly residing in Malta, shall be entitled to an Increased Carer’s Allowance in accordance with sub-article (2)(b), if such person proves to the satisfaction of the Director that he is taking care, all by himself, on a full-time basis and regularly of his spouse or parent, brother, sister, grandparent, uncle, aunt, father or mother-inlaw, or brother or sister-in-law and who is living in the same household as that of such person. (c) Subject to the provisions of this Act, with effect from 1st January 2021, a single or a married person who has reached pension age and not in receipt of a pension, benefit, assistance or allowance under the provisions of this Act, and certified medically fit and who proves to the satisfaction of the Director that he is a citizen of Malta or of the European Union and is regularly residing in Malta, shall be entitled to a Carer’s Allowance or an Increased Carer’s Allowance in accordance with paragraphs (a) and (b) of sub-article
\n
(2), if such person proves to the satisfaction of the Director that he is taking care, all by himself, on a fulltime basis and regularly of his parent, brother, sister, grandparent, uncle, aunt, father or mother-in-law, or brother or sister-in-law and who is living in the same household as that of such person. (d) Subject to the provisions of this Act, with effect from 1st January 2021, a parent who is not in employment or selfoccupation and has not yet reached pensionable age and who proves to the satisfaction of the Director that he is a citizen of Malta or of the European Union and is regularly residing in Malta, shall be entitled to a Carer’s Grant of three hundred euro (€300) annually, if such parent proves to the satisfaction of the Director that he is taking care, all by himself, on a full-time basis and regularly of a child in receipt of an Increased Severe Disability Assistance under the provisions of this Act; (e) Subject to the provisions of this Act, with effect from 1st January 2022, a parent who is not in employment or selfoccupation and has not yet reached pensionable age and who proves to the satisfaction of the Director that he is a citizen of Malta or of country of the European Union and is regularly residing in Malta, shall be entitled to a Carer’s Grant of five hundred euro (€500) annually, if such parent proves to the satisfaction of the Director that he is taking care, all by himself, on a full-time basis and regularly of a child in receipt of an Increased Severe Disability Assistance under the provisions of this Act. (f) Subject to the provisions of this Act, with effect from 1st January 2023, a parent who is not in employment or selfoccupation and has not yet reached pensionable age and who proves to the satisfaction of the Director that he is a SOCIAL SECURITY citizen of Malta or of a country of the European Union and is permanently residing in Malta, shall be entitled to a Carer’s Grant equivalent to fifty percent (50%) of the net National Minimum Wage annually, where such parent proves to the satisfaction of the Director that he is taking care, all by himself, on a full-time basis and regularly of a child who is in receipt of or children who are in receipt of the Increased Severe Disability Assistance, under the provisions of this Act. (g) Subject to the provisions of this Act, with effect from 1st January 2025, a parent who is unemployed or selfoccupied and has not yet reached pensionable age and who proves to the satisfaction of the Director that he is a citizen of Malta or of a country of the European Union
\n
and is permanently residing in Malta, shall be entitled to a Carer’s Grant equivalent to fifty percent (50%) of the net National Minimum Wage annually, where such parent proves to the satisfaction of the Director that he is taking care by himself, on a full-time basis and regularly of a child or children who are in receipt of the Disabled Child Allowance and the result of the evaluation based on the model of the World Health Organisation International Classification of Functioning, Disability, and Health (ICF), in claims further to the provisions of article 77, is equal to, or exceeds seventy-five percent (75%) in accordance with the provisions of the Fifteenth Schedule.
\n
(2)A person becomes entitled to (a) a Carer’s Allowance, as specified in Part IV of the Sixth Schedule and according to the points referred to in sub-article (3)(i) after the Director will have acted on the advice given by the multidisciplinary panel appointed under article 106(f); (b) an Increased Carer’s Allowance, as specified in
\n
Part IV of the Sixth Schedule and according to
\n
the points referred to in sub-article (3)(ii) after the Director will have acted in accordance with the advice given by the multi-disciplinary panel appointed under article 106(f):
\n
Provided further to this sub-paragraph (b) and without prejudice to the provisions of article 90, with effect from 1st January 2018, where a person is in receipt of Social Assistance in accordance with the provisions of article 30, and ceases to be so entitled due to becoming entitled to an Increased Carer’s Allowance, such person shall be entitled for the weekly payment of an additional €8.15 for every other member of household as Social Assistance:
\n
Provided further and without prejudice to the provisions of article 90, with effect from 1st January 2023, where a person is in receipt of SOCIAL SECURITY Social Assistance in accordance with the provisions of article 30, and ceases to be so entitled due to becoming entitled to a Carer’s Allowance because he goes to live with any one
\n
(1)of the persons mentioned in sub-article 1(b) to care for said person, such person shall still be entitled to the payment of the difference in rate between the Social Assistance which he was receiving and the Carers Allowance which he becomes entitled to receive, if the rate of the Carers Allowance is lower:
\n
Provided that such a person shall be entitled to a Carers Allowance or the Increased Carers Allowance equivalent to one hundred and fifty percent (150%) of the highest rate that such person is entitled to as specified in Part IV of the Sixth Schedule, in accordance with the provisions of sub-articles (1)(a) and (b), if such person is taking care by himself, on a full-time basis and regularly of more than one relative.
\n
(3)The Allowance referred to in sub-article (2) shall be paid in the following manner: (i) Carer’s Allowance Barthel Index 9 - 12 (Medium Dependency) Mini-Mental State Examination 10 - 19 (Medium Weakening) (ii) Increased Carer’s Allowance Barthel Index 0 - 8 (High Dependency) Mini-Mental State Examination 0 - 9 (High Weakening).
\n
Orphan’s Allowance and Orphan’s Supplementary Allowance.
\n
Amended by:
\n
XVI. 1990.32;
\n
XIII. 1991.33;
\n
VIII. 1992.26.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXIV. 1993.11;
\n
XXV. 1994.15;
\n
XXVII. 1995.7;
\n
XXI. 1996.27;
\n
VII.2018.41.
\n
Art. 69
\n
69.(1) Any person who has the care of a child of another person shall, if both parents of the child are dead and at least one of the parents was an insured person and a citizen of Malta at the time of his death, be entitled to an Orphan’s Allowance in accordance with Part IV of the Third Schedule to this Act, in respect of each such child.
\n
(2)Any person who has the care of the son or daughter of another person shall, if both parents of the said son or daughter are dead and at least one of the parents was an insured person and a citizen of Malta at the time of his death, be entitled to an Orphan’s Supplementary Allowance in accordance with Part V of the Third Schedule to this Act, in respect of each such son or daughter if such son or daughter is (a) aged between 16 years and 21 years; and SOCIAL SECURITY (b) not following any gainful occupation the gross earnings of which exceed a weekly average equivalent to the difference between the equivalent 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 such Orphan’s Supplementary Allowance is due and the aforesaid weekly rate of Orphan’s Supplementary Allowance.
\n
(3)Where the gross earnings referred to in sub-article (2) exceed the weekly average referred to in paragraph (b) of the said sub-article (2), the weekly rate of the Orphan’s Supplementary Allowance referred to in the said sub-article (2) shall be abated by such an amount as shall ensure that the total of such average weekly gross earnings and any Orphan’s Supplementary Allowance payable under this article do not exceed the equivalent of the aforesaid national minimum wage, sohowever that with effect from 1st January 2018, the provisions of sub-article (3) shall cease to be applicable.
\n
(4)Where a person is in receipt of an Orphan’s Allowance payable under sub-article (1), such person shall also be entitled to receive the allowance which is payable in terms of article 76 in respect of the same child, as long as he is entitled to such allowance in terms of the articles aforesaid.
\n
(5)For the purposes of this article, the provisions of article 80(2) (excluding its proviso) and of articles 81 and 83 shall apply mutatis mutandis.
\n
Art. 70
\n
70.Subject to the provisions of this Act, a person who marries on or after the commencement date of this Act, and who was an employed person or a self-employed or self-occupied person for at least six months at any time prior to his marriage and is ordinarily resident in Malta shall be entitled, by giving notice in writing to the Director, to receive a lump sum payment in accordance with Part III of the Fourteenth Schedule to this Act by way of a Marriage Grant:
\n
Marriage Grant.
\n
Amended by:
\n
XVI.1990. 33;
\n
VIII.1992.27.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXVII.1995.8;
\n
XXI.1996.28.
\n
Provided that a person who legally contracts marriage on more than one occasion shall be entitled to a Marriage Grant in respect of each such marriage on condition that between one marriage and another he was an employed person or a selfemployed or self-occupied person for at least six months.
\n
Art. 71
\n
71.(1) A woman who, at any time on or after the 1st day of January, 1981 is pregnant with child and has entered the eighth month of pregnancy or a person adopting a child after the 1st January, 2015, shall be entitled to Maternity Benefit under and in accordance with the provisions of this article.
\n
(2)A claim for Maternity Benefit shall not be accepted by the Director unless it is made by a citizen of Malta or by a person married to a citizen of Malta, provided the claimant is ordinarily resident in Malta.
\n
Maternity Benefit or Maternity Leave Benefit.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
V. 2012.29;
\n
XIII. 2015.86.
\n
SOCIAL SECURITY
\n
(3)Notwithstanding the provisions of sub-article (1), a woman w h o i s en t i t l e d t o Ma t e r n i t y L e a v e i n a c c o r d a nc e w i t h t he provisions of the Employment and Industrial Relations Act, and avails herself of such leave, shall not be entitled to any Maternity Benefit payable under this article.
\n
(4)A woman who, at any time on or after the 1st January, 2012 - S.L. 452.91 (a) is in insurable employment and has a right to maternity leave without pay in accordance with the provisions of the Protection of Maternity (Employment) Regulations; or (b) is self-occupied and has exhausted her maternity benefit entitlement, shall qualify for Maternity Leave Benefit.
\n
S.L. 452.91
\n
(5)In the case of a person who is in insurable employment, the Maternity Leave Benefit will be payable only for the period where the leave entitlement is without pay according to the Protection of Maternity (Employment) Regulations.
\n
(6)A self-occupied person shall not qualify for the Maternity Leave Benefit unless such person proves to the satisfaction of the Director that she has ceased all gainful activities for the duration of her Maternity Benefit and Maternity Leave Benefit.
\n
Payment of Maternity Benefit or Maternity Leave Benefit.
\n
Amended by:
\n
XX. 1987.10;
\n
XVI. 1990. 34;
\n
VIII. 1992.28.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXV. 1994.16;
\n
XXVII. 1995.9;
\n
XXI. 1996.29;
\n
XXXII. 2007.54;
\n
V. 2012.30;
\n
XIII. 2015.87.
\n
Art. 72
\n
72.(1) Maternity Benefit shall be payable in two parts as follows: (a) a first payment at the rate in accordance with Part IV of the Fourteenth Schedule to this Act for eight weeks, upon the submission to the Director of a claim on the form of the Department accompanied by a certificate signed by a person holding the warrant to practise the medical profession in Malta and, if the Director so deems necessary, supported by such other evidence as he may, in accordance with the provisions of this Act, require showing that the claimant has entered the eighth month of pregnancy; and (b) a second payment at the rate in accordance with Part IV of the Fourteenth Schedule to this Act for six weeks, upon production to the Director of a certificate from the Public Registry attesting the birth of the child:
\n
Provided that where a claim is made after the birth of a child, both the first and second payments shall be made on production of the said certificate from the Public Registry:
\n
Provided further that, from 1st January 2015, when a claim follows the adoption of a child, both the first and the second payments shall be made on production of the certificate from the Public Registry confirming the said adoption.
\n
(2)The periods of eight weeks and six weeks referred to in subarticle (1) shall be deemed to cover (a) in the case of the payment referred to in paragraph (a) SOCIAL SECURITY thereof, the eight weeks immediately preceding the date of birth of the child or, if such day is not a Saturday, the first Saturday following such day; (b) in the case of the payment referred to in paragraph (b) thereof, the six weeks commencing on the Saturday immediately following the period referred to in paragraph (a); and (c) in the case of a payment made in accordance with the proviso to the said sub-article (1), the eight weeks immediately preceding and the six weeks commencing on the date of birth of the child, or, if such day is not a Saturday, the first Saturday following such day.
\n
(3)The Maternity Leave Benefit according to article 71 shall be payable: (a) with effect from the 7th January, 2012 for not more than two weeks; and (b) with effect from the 5th January, 2013 for a period of not more than four weeks.
\n
(4)The rate of Maternity Leave Benefit according to subarticle (3) shall be: (a) according to the rate mentioned in Part IV of the Fourteenth Schedule; and (b) in the case of an employed person, from the first Saturday immediately following the day on which the paid maternity leave ceases in accordance with the Protection of Maternity (Employment) Regulations; or S.L. 452.91 (c) in the case of a self-occupied person from the first Saturday following the date on which the entitlement to Maternity Benefit in terms of article 71 ceases.
\n
Art. 73
\n
73.Subject to the provisions of this Act, a head of household who proves to the satisfaction of the Director that his yearly means, calculated in accordance with Part VIII of the Second Schedule to this Act, do not exceed the income limits laid down in Part V of the Fourteenth Schedule to this Act and is not entitled to an allowance under article 76 and 76A, shall be entitled to a supplementary allowance payable at the rates specified in the aforementioned Fourteenth Schedule: ''Sohowever that with effect from the 1 January 2017, the provisions of this article are also applicable in the case of a person who is not a head of household and who is also in an insurable employment earning the national minimum wage.
\n
Supplementary Allowance.
\n
Added by:
\n
XIV. 1988.8.
\n
Amended by:
\n
XVI. 1989. 13;
\n
XVI. 1990. 35;
\n
XIII.1991.34;
\n
VIII.1992.29.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXIV.1993.12;
\n
XXV.1994.17;
\n
XXVII.1995.10;
\n
XXI.1996.30.
\n
Substituted by:
\n
XXI.1996.31.
\n
Amended by:
\n
II. 2002.65;
\n
XVI. 2017.31.
\n
SOCIAL SECURITY Limitation of applicability of Parental Allowance.
\n
Added by:
\n
XIV. 1988. 8.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Art. 74
\n
Repealed by Act XXI of 1996.
\n
Extension of Parental Allowance to other persons other than the mother.
\n
Added by:
\n
XIV. 1988. 8.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Art. 75
\n
Repealed by Act XXI of 1996.
\n
Children’s Allowance.
\n
Amended by:
\n
XX.1987. 11.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXV. 1994.18;
\n
XXI. 1996.33;
\n
XI. 2000.15;
\n
XXXII. 2007.55.
\n
VII.2018.42.
\n
Art. 76
\n
76.(1) Subject to the provisions of this Act, it shall be the right of every child in any household to have an allowance paid out in his respect to the head of household who has the care and custody of such child, as long as such child is the son or daughter of the head of household or the spouse, and where neither the head of household nor the spouse are the parents of such child, the Director is satisfied that it is in the best interest of the child to accept such head of household as being the effective custodian of such child, and for such purpose the Director may request from the Director (Social Welfare Standards), who is to submit within a month, a report as to whether such child is best considered to form part of the relative household:
\n
Provided that with effect from 1st January 2018, the payment of this allowance shall be paid to the parent who has the effective care and custody, and with whom the child is residing.
\n
(2)The applicable rate of the allowance referred to in sub-article
\n
(1)shall be as determined by Part VI of the Fourteenth Schedule and the calculation of the yearly means of the household shall be calculated in accordance with Part VII of the Second Schedule.
\n
Allowance in respect of child in care.
\n
Added by:
\n
II. 2002.66.
\n
Amended by:
\n
XXXII. 2007.56;
\n
XII.2023.29.
\n
Art. 76A
\n
76A. Subject to the provisions of this Act it shall be the right of every child who is certified by a competent authority, either as a fostered child, or is certified as being under care in an institution, to have an allowance paid out in his respect to the head of household who is an approved foster carer in accordance with the Foster Care Act or the head of the institution, as the case may be, at the rates specified in Part VIII of the Fourteenth Schedule to this Act. When an allowance under this article is due, no allowance under article 76 shall be payable:
\n
Provided that subject to the provisions of this Act, and with effect from 1st January 2023, it shall be the right of every child who is certified by a competent authority as a fostered child, to have an allowance paid in his respect to the head of household who is an approved foster carer in accordance with the Minor Protection (Alternative Care) Act, even when said child is not a fostered child anymore because he is adopted by that same head of household, at the rates specified in Part VIII of the Fourteenth Schedule to this Act.
\n
SOCIAL SECURITY
\n
Art. 77
\n
77.Subject to the provisions of this Act, a child in any household, in respect of whom an allowance under article 76 or 76A is being paid, shall also become eligible to a Disabled Child Allowance at the rate payable in accordance with Part VII of the Fourteenth Schedule to this Act, if the head of household has the care and custody of such child who is certified to be suffering from cerebral palsy or from a mental severe subnormality or a severely disabled person or a visually impaired person in accordance with the provisions of this Act. For the purposes of this article a child shall still be deemed to be a severely disabled person if certified to be totally and permanently mute or permanently deaf to a degree of no less than 70 decibels:
\n
Disabled Child Allowance.
\n
Added by:
\n
XIV. 1988. 9.
\n
Amended by:
\n
XVI. 1989. 14;
\n
VIII. 1992.30.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXV. 1994.2,19;
\n
XXI. 1996.34;
\n
II. 1999.12;
\n
II. 2002.67;
\n
XXXII. 2007.57;
\n
XXIX.2019.71.
\n
Provided that, where an allowance under this article is payable in respect of a visually impaired child, that allowance shall cease to be payable as soon as a pension under article 27 is or becomes payable in his respect:
\n
Provided further that, where a child in respect of whom this article applies reaches his 16th birthday (or his 14th birthday in the case of a visually impaired child) and for some reason fails to qualify for a pension under article 27, he shall remain eligible to an allowance under this article if he is not gainfully occupied and is still undergoing full-time education or training in an educational institution recognized by the Government in terms of the Education Act, and no form of remuneration or allowance (excluding any allowance payable under this Act) is being paid to him or her during such time.
\n
Art. 77A
\n
77A. With effect from the 1st of January 2024 and without prejudice to the provisions of this Act, it shall be the right of the parent to have a payment paid out once a year in accordance with the Fourteenth Schedule, in respect of every child who has passed his sixteenth (16th) birthday still living with his parents, and pursues post-secondary education in an educational institution recognised by the Malta Further and Higher Education Authority.
\n
Art. 78
\n
Repealed by Act XXI of 1996.
\n
Art. 79
\n
79.Subject to the provisions of this Act, a head of household who has the care of a child or a person whose parents are unknown or have abandoned him shall be entitled in respect of such child or person to the allowance payable under article 76, as a distinct and separate entitlement to that applicable in respect of his children.
\n
Special allowance.
\n
Added by:
\n
XIII.2024.22.
\n
Special Allowance.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXV.1994.20.
\n
Entitlement to abandoned children or of unknown parents.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXI.1996.36.
\n
Limitation of applicability of Children’s and Supplementary Allowance.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXI. 1996.37;
\n
II. 2002.68;
\n
XXXII. 2007.58.
\n
SOCIAL SECURITY
\n
Art. 80
\n
80.(1) Except as may be prescribed, an allowance payable under articles 73, 76, 76A and 79 shall not be granted unless the head of household, or the spouse (a) is a citizen of Malta; and (b) resides in Malta and has so resided continuously in the three months immediately preceding the date on which the claim for an allowance is made:
\n
Provided that where the head of household or the spouse, is deceased, and the one who is still alive is not a citizen of Malta, the condition set out in paragraph (a) shall be deemed to have been satisfied if the deceased was a citizen of Malta at the time of his death.
\n
(2)Except as may be prescribed, an allowance under articles 73, 76, 76A and 79 shall not be payable in respect of any child or person not living in Malta:
\n
Provided that with effect from the 1st day of November, 1974, where any person who has received the payment of an allowance for a full thirteen week period emigrates and takes along with him before the lapse of thirteen weeks from the date on which payment of such an allowance was due, the children in respect of whom such allowance was paid, the payment of such allowance for any period not exceeding twelve weeks from the date when the payment of such an allowance was due, shall be deemed as having been properly received by him:
\n
Provided further that where any person has received the payment of an allowance under articles 76 and 79 for a full thirteen week period, prior to emigration and the total amount of allowance paid during the year in which the right to such benefit ceases amounts to less than the Fixed Children’s Allowance specified by Part VI of the Fourteenth Schedule, such person shall be entitled to receive the resulting difference between the amount paid and the Fixed Children’s Allowance.
\n
Disqualification to Children’s Allowance.
\n
Amended by:
\n
VIII.1992.31.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXI.1996.38;
\n
II. 2002.69.
\n
Art. 81
\n
81.(1) An allowance payable under articles 76, 76A and 79 shall not be payable in respect of a person to whom a pension is payable under article 27.
\n
Beneficiary of Children’s Allowance.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXI. 1996.39;
\n
II. 2002.70;
\n
XXXII. 2007.59.
\n
Art. 82
\n
82.(1) An allowance due under the provisions of articles 76, 76A and 79 shall be paid to the spouse, if any, of the head of household, unless the head of household proves to the satisfaction of the Director that, in the interest of the child or person in respect of whom the allowance is payable, such payment is to be made to him.
\n
(2)Except as may be prescribed, an allowance payable under articles 76, 76A and 79 shall neither be payable nor due outside Malta.
\n
(2)For the purposes of this article and of article 80, \"spouse\" shall include such person who, in the opinion of the Director, is living with the head of household as if such person were the lawful SOCIAL SECURITY spouse, provided such person is the mother or father, as the case may be, of the child or person in respect of whom the allowance is payable.
\n
(3)Where, however, the husband and wife are separated de jure or de facto, or where the person is not the lawful wedded spouse but is being treated as such in terms of sub-article (2), if such spouse is living apart from the head of household the allowances due under articles 76 and 79 in respect of all their children shall not be taken together as if they were living in one household but shall be assessed separately according to the eligibility rights and the yearly means of each respective head of household who has their effective care and custody as provided for in articles 76 and 79.
\n
Art. 83
\n
83.An allowance paid under articles 76, 76A and 79 ceases to be payable if the head of household no longer has the care of the child or person in respect of whom the allowance is being paid or where such person is eighteen years of age or over if the said person no longer normally resides with such head of household.
\n
Head of household to have custody of child.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXI.1996.40;
\n
II. 2002.71.
\n
Art. 84
\n
84.(1) The Minister may, from time to time, and with the concurrence of the Minister responsible for finance make regulations for the purposes of - Powers to make regulations.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXI. 1996.41;
\n
II. 1999.13;
\n
III. 2005.10;
\n
VI. 2006.5;
\n
I. 2012.7;
\n
XIII.2024.21. (a) increasing the rates of benefits, grants, pensions, assistances and allowances payable under this Act; (b) increasing the category of persons that may be eligible to benefits, grants, pensions, assistances and allowances payable in accordance with this Act; (c) increasing the income limits for the purpose of establishing entitlement in assessment of means-tested benefits, grants, pensions, assistances and allowances payable under this Act; (d) increasing the basic wage, salary, income or earnings, whenever Government awards a cost-of-living increase 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, for the purposes of (i) the payment of social security contributions; and (ii) assessing the pensionable income; (e) prescribing conditions regarding nationality, residence and place of birth to be satisfied by a claimant, and the conditions applicable to a child or person in respect of whom an allowance is claimed; (f) prescribing circumstances in which a child or person not living in his parent’s household may be treated as forming part of that household or another household; (g) prescribing circumstances in which a person, other than a parent of a child or person, may claim an allowance in respect of such child or such person;
\n
SOCIAL SECURITY (h) prescribing guidelines for the determination of the medical aspects for the eligibility or otherwise of an applicant for a claim in respect of a benefit, allowance or pension under this Act; (i) exempting, in terms of article 116A, a category of persons from the payment, in whole or in part, of the further contributions which may be due by them:
\n
Provided that the Minister may not by such regulations decrea se t he r ate of be nefit, grant, p ensions, assista nce o r allowance payable under this Act to any category of beneficiaries.
\n
(2)For the purposes of sub-article (1), the Minister may by such regulations amend or substitute any of the Schedules to this Act or index thereto.
\n
(3)The Minister responsible for the elderly may, from time to time and with the concurrence of the Minister responsible for finance, make regulations for the purpose of establishing the contribution due by residents of State Financed Residential Services in terms of article 93.
\n
(4)The Minister may, from time to time and with the c o nc u rr e n c e o f t h e Mi n i s t e r r e s po n s i b l e f o r f i n a n c e , m a ke regulations for the purpose of establishing the contribution due by residents of State Financed Residential Services in terms of article 94.
\n
(5)Subject to the provisions of this Act, the Minister may from time to time, and with the concurrence of the Minister responsible for finance, make regulations for the purpose of establishing the payment by the Director of the benefit in respect of the Additional Benefit to counter the Cost of Living, as provided for in Part IX of the Fourteenth Schedule.
\n
Subsidies to day care centres.
\n
Added by:
\n
II.1999.14.
\n
Art. 84A
\n
84A. The Minister may from time to time by regulations under this article, establish schemes, whereby subsidies may be paid by the Director, in respect of children attending child day care centres run by government of any other institution as may be specified in the regulations, and may by such regulations prescribe the amount of subsidy, the person in respect of whom such subsidy is to be paid, and the manner in which the entitlement of such person is assessed. Such subsidy shall in each case be paid directly to the institution running the centre and shall not be taken into account in calculating the income of the head of household of which the child forms part for the purposes of this or any other law.
\n
SOCIAL SECURITY
\n
Art. 85
\n
85.(1) Save as provided for in article 96 and subject to the other provisions of this Act, a person who, on any day between January and June or between July and December is entitled to receive any pension (excluding an Injury Pension, where this is being paid to a person who is in insurable employment or selfo c c u p i e d ) , O r p h a n ’s A l l o w a n c e , O r p h a n ’s S u p p l e m e n t a r y Allowance, Leprosy Assistance or Social Assistance (other than that payable by way of an allowance under the provisions of article 30(9), but including that payable under the provisions of article 30(10)) in accordance with the provisions of this Act, shall be entitled to receive a bonus. Such bonus shall consist of a sum of €135.10 paid every six months in June and December of each year:
\n
Provided that notwithstanding any other provisions of this Act, such person shall only be entitled to receive one bonus at the same time.
\n
(2)Save as provided for in article 96 and subject to the other provisions of this Act, a person who becomes entitled to any pension, assistance or allowance as is referred to in sub-article (1), shall also be entitled to receive an Additional Bonus every four weeks at the rate of €3.12 per week over and above the bonuses to which he is entitled by virtue of this article:
\n
Provided that notwithstanding any other provisions of this Act, such person shall only be entitled to receive one Additional Bonus at the same time:
\n
Provided further that such Additional Bonus shall only remain payable until such time as any such pension, assistance or allowance as is referred to in the said sub-article (1) is payable.
\n
(3)Save as provided for in article 96 and subject to the other provisions of this Act, a person who is entitled to receive any pension (excluding an Injury Pension where this is being paid to a person who is in insurable employment or who is self-occupied), shall also be entitled to receive a Cost of Living Bonus. Such bonus shall be payable at the rate specified in Part J of the Twelfth Schedule over and above the bonuses to which such person may be entitled to by virtue of this article:
\n
Provided that, notwithstanding any other provisions of this Act, such person shall only be entitled to receive one Cost of Living Bonus at the same time for any pension payable under this Act:
\n
Provided further that where a pension is being paid under an agreement in terms of article 134, the Cost of Living Bonus shall be paid pro rata as applicable to the assessment of the pension rate under such agreement.
\n
(4)With effect from 1st January, 2015, residing in Malta or an EU member State persons who have reached pension age according to article 2, but have not yet reached the age of 75, who have retired from employment and are not in receipt of a Contributory Pension, but have paid between 50 and 259 social security contributions will be paid the sum of €100 per year whereas persons who paid more than 260 social security contributions will receive a payment of €200 per year.
\n
Bonus, Additional Bonus and Cost of Living Bonus.
\n
Amended by:
\n
XX. 1987. 12;
\n
XVI. 1990. 37;
\n
XIII. 1991.35.
\n
Re-numbered by:
\n
XXIV. 1993.2.
\n
Amended by:
\n
XXV. 1994.2, 21;
\n
L.N. 424 of 2007;
\n
XXXII. 2007.60;
\n
XIII. 2015.88;
\n
XVI. 2017.32;
\n
VII. 2019.35;
\n
VIII.2020.32;
\n
XVIII.2021.24;
\n
VII.2022.37;
\n
XII.2023.30;
\n
XIII.2024.23;
\n
IX.2025.26;
\n
III.2026.26.
\n
SOCIAL SECURITY
\n
(5)Notwithstanding the provisions of sub-article (4), with effect from January 2017, the rate due to persons who have reached pension age according to the definition ''pension age'' in article 2, but have not yet reached the age of 75, who have retired from employment and are not in receipt of a Contributory Pension, but have paid between 50 and 259 social security contributions shall be €150 per year whereas the rate due to persons who have reached pension age according to the definition ''pension age'' in article 2, but have not yet reached the age of 75, who have retired from employment and are not in receipt of a Contributory Pension, but have paid more than 260 social security contributions shall be €250 per year.
\n
Added by:
\n
VII.2019.35.
\n
(6)Notwithstanding the provisions of sub-articles (4) and (5), with effect from 1st January 2019, the rate due to persons who have reached pension age according to the definition ''pension age'' in article 2, but have not yet reached the age of seventy-five (75), who have retired from employment and are not entitled to a Contributory Pension, but have paid between fifty (50) and two hundred and fifty-nine (259) social security contributions shall be two hundred euro (€200) per year whereas the rate due to persons who have reached pension age according to the definition ''pension age'' in article 2, but have not yet reached the age of seventy-five (75), who have retired from employment and are not entitled to a Contributory Pension, but have paid more than two hundred and sixty (260) social security contributions shall be three hundred euro (€300) per year:
\n
Notwithstanding the provisions of sub-article (6), with effect from 1st January 2020, the rate due as provided for in sub-article (6) shall not cease to be paid even when the person reaches the age of seventyfive (75) years.
\n
(7)Notwithstanding the provisions of sub-articles (4), (5) and (6), with effect from 1st January 2021, the rate due to persons who have reached pension age according to the definition ''pension age'' in article 2, who have retired from employment and are not entitled to a Contributory Pension, but have paid between fifty (50) and twohundred and fifty-nine (259) social security contributions shall be twohundred and fifty euro (€250) per year, whereas the rate due to persons who have reached pension age according to the definition ''pension age'' in article 2, who have retired from employment and are not entitled to a Contributory Pension, but have paid more than twohundred and sixty (260) social security contributions shall be threehundred and fifty euro (€350) per year:
\n
Notwithstanding the provisions of sub-article (6), with effect from 1st January 2020, the rate due as provided for in sub-article (6) shall not cease to be paid even when the person reaches the age of seventy-five (75) years.
\n
(8)Notwithstanding the provisions of sub-articles (4), (5), (6) and
\n
(7), with effect from 1st January 2022, the rate due to persons who have reached pension age according to the definition ''pension age'' in article 2, who have retired from employment and are not entitled to a Contributory Pension, but have paid between fifty (50) and two- SOCIAL SECURITY hundred and fifty-nine (259) social security contributions shall be four hundred euro (€400) per year, whereas the rate due to persons who have reached pension age according to the definition ''pension age'' in article 2, who have retired from employment and are not entitled to a Contributory Pension, but have paid at least two-hundred and sixty
\n
(260)social security contributions shall be five hundred euro (€500) per year. (8A) Notwithstanding the provisions of sub-articles (4), (5), (6), (7) and (8), with effect from 1st January 2023, the rate due to persons who have reached pension age according to the definition ''pension age'' in article 2, who have retired from employment and who shall not be entitled to a Contributory Pension, and however have paid between fifty (50) and two hundred and fifty-nine (259) social security contributions shall be four hundred and fifty euro (€450) per year, whereas the rate due to persons who have reached pension age according to the definition ''pension age'' in article 2, who have retired from employment and who shall not be entitled to a Contributory Pension, and however have paid at least two hundred and sixty (260) social security contributions shall be five hundred and fifty euro (€550) per year. (8B) Notwithstanding the provisions of sub-articles (4), (5), (6),
\n
(7), (8) and (8A), with effect from 1st January 2024, the rate due to persons who have reached pension age according to the definition ''pension age'' in article 2, who have retired from employment and are not entitled to a Contributory Pension, but have paid between fifty (50) and two-hundred and fifty-nine (259) social security contributions shall be five hundred euro (€500) per year, whereas the rate due to persons who have reached pension age according to the definition ''pension age'' in article 2, who have retired from employment and are not entitled to a Contributory Pension, but have paid at least twohundred and sixty (260) social security contributions shall be six hundred euro (€600) per year. (8C) Notwithstanding the provisions of sub-articles (4), (5), (6),
\n
(7), (8), (8A) and (8B), with effect from 1st January 2025, the rates due to persons who have reached pension age according to the definition \"pension age'' in article 2, who have retired from employment and are not entitled to a Contributory Pension, but have paid between fifty (50) and five-hundred and nineteen (519) social security contributions shall be the rates explained in Item M of the Twelfth Schedule.
\n
(9)Subject to the provisions of this Act, with effect from 1st January 2020, it shall be the right of a parent to be paid a one-time