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Maltese Laws |
An Act to amend various provisions of the law related to Social
Security
BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows:-
Short Title. Cap. 318.
Amendment of article
23 of the principal
Act.
(2) This Act shall come into force on such date as the Minister responsible for social policy may by notice in the Gazette establish, and different dates may be so established for different provisions or different purposes of this Act.
“(3) A person suffering from one of the diseases or conditions specified in Part II of the Fifth Schedule to this Act shall be entitled to such Free Medical Aid as in the opinion of the Chief Government Medical Officer are indicated in his case and are available within the national health service.”.
Act shall be substited by the following two provisos:
“Provided that, where a full-time employee opts to work with reduced hours, the provisions of sub-paragraph (d) shall not apply
with respect to any extra allowances 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:
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.”.
C 617
Amendment of article
30 of the principal
Act.
Amendment of article
58 of the principal
Act.
Addition of new article to the principal Act.
“Persons who have partaken of an early retirement as
a result of a privatization process.
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
C 618 VERŻJONI ELETTRONIKA
to partake of an early retirement scheme after 1st January 2008 in anticipation of the privatization 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 to this Act, 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.”.
Amendment of article
84 of the principal
Act.
(a) in sub-article (1) thereof -
(i) in paragraph (e) thereof, for the words “for prescribing conditions” there shall be substituted the words “prescribing
conditions”;
(ii) in paragraph (f) thereof, for the words “for prescribing circumstances” there shall be substituted “prescribing circumstances”;
(iii) in paragraph (g) thereof, for the words “for prescribing circumstances” there shall be substituted “prescribing circumstances”;
and
(iv) immediately after paragraph (h) thereof, there shall be added the following new paragraph:
“(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:”; and
(b) immediately after sub-article (3) thereof, there shall be inserted the following new sub-article:
“(4) 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 contribution due by residents of State Financed
Residential Services in terms of article 94”.
(a) for the words “The bonus payable to any person under article 85(1) shall be abated” there shall be substituted the words
“The bonus payable to any person under article
85(1) and, or article 85(2) shall be abated”; and
(b) for the words “in respect of any part of the six month period ending on the last day of June or December, as the case may
be:” there shall be substituted the words “in respect of any part of the six month period ending on the last day of June or December,
and, or the bonus payable by any employer in terms of the Weekly Allowance National Standard Order, 1988, as the case may be:”.
“(6) Any reference in this article to any state-financed residential service is a reference to such service as is referred to in article 131(1)(a) of this Act.”.
C 619
Amendment of article
86 of the principal
Act.
Amendment of article
93 of the principal
Act.
Substitution of article 94 of the principal Act.
“Residents of state financed residential service that is a state-owned hostel for
the care and welfare of persons with disability.
94. (1) Subject to the provisions of this Act, where during any period a person is receiving a State Financed Residential
Service that is a state-owned hostel for the care and welfare of persons with disability referred to in article 131A, such person
shall pay to the Government such contribution as may be prescribed under subarticle (2). The competent authority in terms of article
131A shall calculate the contribution payable by such resident in terms of the provisions of this article.
(2) The Minister may, with the concurrence of the Minister responsible for finance, make regulations providing for the calculation
of the contribution due by residents of State Financed Residential Services under sub-article (1) as are specified by the same regulations.
C 620 VERŻJONI ELETTRONIKA
(3) Any contributions due in terms of the foregoing provisions of this article shall be deducted from any benefit, pension,
bonus, assistance or allowance payable under this Act.
(4) Notwithstanding the provisions of this article, where a resident of a State Financed Residential Service that is a state-owned
hostel for the care and welfare of persons with disability referred to in article
131A is a married person whose spouse is not such a resident, and is not in receipt of a benefit, pension, bonus, assistance
or allowance payable under this Act in the spouse’s own right, 60% of the rate of benefit, pension, bonus, assistance or allowance
which would have otherwise been payable to such resident shall be payable to the spouse who is not a resident.
(5) Where no benefit, pension, bonus, assistance or allowance is due to a resident of a state financed residential service that
is a state-owned hostel for the care and welfare of persons with disability referred to in article 131A, and whether such benefit,
pension, bonus, assistance or allowance is payable under this Act or from any other source, or where such benefit, pension, bonus,
assistance or allowance is less than the amount that is due by way of a contribution, as specified in terms of subarticle (1),
the competent authority in terms of article 131A shall be empowered to enter into a contract with such resident and, or any
other party, as the case may require, for any contribution that may be due to Government in accordance with the provisions of this
article.”.
Amendment of article 101 of the principal Act.
(a) in the proviso to sub-article (1) thereof, for the words “at the request of the Director of the Elderly and Community Services
Department withhold from any pension” there shall be substituted the words “at the request of the Director of the Elderly and
Community Services Department, or of the competent authority under article 131A, withhold from any pension”;
(b) in sub-article (2) thereof, for the words “be
executed thereon; but the provisions of article 381(3) of the Code of Organization and Civil Procedure shall mutatis mutandis apply.” there shall be substituted the words “be executed thereon.”.
(a) the first proviso thereof shall be deleted;
(b) the second proviso thereof shall be substituted by the following proviso:
“Provided that in the case of a self-employed or selfoccupied person, or a person in respect of whom the provisions of article 13
apply, who proves to the satisfaction of the Director that at the time when such contributions were due he was abroad or hospitalised,
the aforesaid prescribed time shall be extended to the 31st day of his return to Malta or discharge from hospital, as the
case may be.”.
C 621
Amendment of article
116 of the principal
Act.
Substitution of article
116A of the principal
Act.
“Exemption.
116A. The Minister may, with the concurrence of the Minister responsible for finance, exempt any person or category of persons with
or without retrospective effect from the payment of any further contribution due under article 116(1), in whole or in part, on any
ground which to him may seem sufficient. Any such exemption may be made subject to such conditions, as the Minister may deem appropriate:
Provided that where an exemption relates to a category of persons, such exemption shall be prescribed by means of regulations made
in accordance with article
84(1)(i):
Provided further that nothing in this article shall be construed as detracting from the provisions of article
116(5)(ii).”.
Amendment of article
131 of the principal
Act.
C 622 VERŻJONI ELETTRONIKA
“(i) inmates of state-financed institutions for medical care where, notwithstanding the fact that such inmate has been medically
discharged, the person remains a resident and of such other inmates as are designated for the purpose by the Minister;”.
Addition of new article to the principal Act.
“Competent authority for state-owned hostels for the care and welfare of persons with disability.
131A. (1) The competent authority responsible for State-Financed Residential Services that are state- owned hostels for the care
and welfare of persons with disability shall administer the funds entrusted to it by Government for the benefit of residents of such
hostels as are specified by the Minister by notice in the Gazette:
Provided that for this purpose, the competent authority shall be designated by the Minister by notice in the Gazette.
(2) The Minister may give to the comptetent authority designated under subarticle (1) directives of a general nature on the policy
to be adopted by it.
(3) In exercising its functions the competent authority designated under subarticle (1) shall:
(a) keep such system of accounts and shall adopt such procedures for the custody and disbursement of moneys entrusted
to it as shall be approved by the Accountant General and all books, receipts and records kept for this purpose shall, at all times,
be open to inspection by the Director, the Accountant General, the Auditor General and any other public officer whom the Minister
appoints for this purpose;
(b) utilize all funds entrusted to it for the care, welfare and benefit of persons referred to in sub-article (1):
Provided that -
(i) such part of such funds as may be approved by the Minister may be utilized by
the competent authority for its own expenses;
and
(ii) such part of such funds as may be directed by the Minister from time to time may be utilized for such purpose or class of
purposes as the Minister may, for the benefit of the persons referred to in sub-article (1), determine;
(c) not later than two months after the 1st day of January of every year, submit to the Minister a report on its activities for
the previous calendar year, together with a statement showing details of the expenditure incurred during that year, together with
a statement showing details of the funds entrusted and made available to the competent authority and any balance of such funds remaining
at the end of the said year.”.
C 623
Susbsitution of the Part II of the Fifth Schedule of the Principal Act.
C 624 VERŻJONI ELETTRONIKA
1. Malignant Diseases
2. Cardiovascular Diseases:
(a) Chronic Heart Failure
(b) Hypertension
(c) Ischaemic Heart Disease
(d) Cardiac Arrhythmias
(e) Peripheral Vascular Disease
(f) Cerebrovascular disease
(g) Genetic Dyslipidaemia
3. Respiratory Diseases:
(a) Chronic Respiratory Failure
(b) Cystic Fibrosis
(c) Chronic Obstructive Pulmonary Disease
(d) Chronic Asthma
4. Digestive system diseases:
(a) Gastro – Oesophageal Reflux Disease
(b) Gastric/Duodenal Ulcers
(c) Inflammatory Bowel Disease
(d) Coeliac Disease
(e) Diverticular Disease requiring Stoma Care
(f) Hirschprung’s Disease
(g) Imperforate Anus
(h) Small Intestinal Failure
5. Liver diseases:
(a) Chronic Liver Disease
6. Haematological Diseases:
(a) Inherited Bleeding Disorders
(b) Inherited Haemoglobinopathies
7. Central Nervous System Diseases: (a) Epilepsy
(b) Parkinson’s Disease
(c) Myasthenia Gravis
(d) Multiple Sclerosis
(e) Motor Neurone Disease
(f) Trigeminal Neuralgia (g) Huntington’s Chorea (h) Schizophrenia
(i) Psychosis
(j) Chronic Mood Disorders
(k) Chronic Neurotic Disorders
(l) Addiction Disorders
(m) Chronic Psychiatric Disorders starting in Childhood
(n) Chronic Eating Disorders
(o) Cerebral Palsy
(p) Narcolepsy
(q) Spinal Cord Pathologies
8. Renal diseases:
(a) Chronic Kidney Disease
9. Endocrine diseases:
(a) Diabetes Mellitus (b) Addison’s Disease (c) Precocious Puberty (d) Hypoparathyroidism (e) Hypopituitarism
(f) Hypogonadism
(g) Enzyme Disorders
(h) Endometriosis and Adenomyosis
(i) Pituitary Adenomas
10. Skin diseases: (a) Psoriasis
(b) Chronic Immunobullous Disorders
(c) Congenital Ichthyosis
11. Infectious Diseases:
(a) HIV/AIDS and HIV Related Diseases
(b) Hepatitis B & C (c) Tuberculosis
(d) Hospital Acquired Infections
(e) Leprosy
(f) Polio and Post-Polio Syndrome
(g) Chronic Osteomyelitis
C 625
C 626 VERŻJONI ELETTRONIKA
12. Rheumatic Diseases:
(a) Rheumatoid Arthritis
(b) Paget’s Disease
(c) Lupus Erythematosus
(d) Systemic Sclerosis
(e) Dermatomyositis/Polymyositis
(f) Polyartritis Nodosa
(g) Seronegative Arthritis
(h) Crystal Deposition Disease
(i) Polymyalgia Rheumatica
13. Metabolic Disorders
(a) Inborn Errors of Metabolism
14. Eye diseases: (a) Glaucoma
(b) Vascular Disease of the Retina
15. Immunodeficiency:
(a) Primary Immunodeficiency Disorder
(b) Secondary Immunodeficiency Disorder
16. Chromosome Disorders: (a) Down Syndrome
(b) Turner Syndrome
(c) Prader-Willi Syndrome
17. Congenital Indifference to Pain”.
The object of this Bill is to improve the provisions of the Social Security Act with respect to providing for a more equitable manner for diverse groups of persons to avail themselves of early retirement schemes, the Supplementary Allowance, and the additional bonus. It also provides for changes to current criteria applicable to persons registered as unemployed to undertake community work and provides for the setting up of a competent authority for responsible for state-owned hostels for the care and welfare of persons with disability. In addition, it extends the list of diseases and conditions in respect of which free medical aid may be accorded.
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URL: http://www.worldlii.org/mt/legis/laws/tssa2011n84354