Â
CONTENTS 1
INTRODUCTION....................................................................................................................... 1
2
IMPORTANT DEFINITIONS UNDER THE SOCIAL SECURITY REGIME ...................................... 2
3
SCHEMES ................................................................................................................................. 4 3.1
CONTRIBUTORY SCHEME .............................................................................................................................................. 4
3.2
NON-CONTRIBUTORY SCHEME .................................................................................................................................... 4
4
REGISTER OF PERSONS SEEKING EMPLOYMENT ................................................................... 5
5
BENEFITS AND ASSISTANCE UNDER THE SOCIAL SECURITY SYSTEM ................................... 6
6
CONTRIBUTORY BENEFITS...................................................................................................... 7
7
SHORT TERM BENEFITS ........................................................................................................... 8 7.1
SICKNESS BENEFIT (ARTICLE 18) .................................................................................................................................. 8
7.2
INJURY BENEFIT (ARTICLE 28) ...................................................................................................................................... 9
7.3
UNEMPLOYMENT BENEFIT (ARTICLE 30) ..................................................................................................................... 10
7.4
SPECIAL UNEMPLOYMENT BENEFIT (ARTICLE 30) ........................................................................................................ 12
8
NON-CONTRIBUTORY BENEFITS ..........................................................................................13
9
MEDICAL ASSISTANCE ..........................................................................................................14 9.1
SICKNESS ASSISTANCE (ARTICLE 20) .......................................................................................................................... 14
9.2
FREE MEDICAL AID (ARTICLE 23) ............................................................................................................................... 16
10
SOCIAL ASSISTANCE .............................................................................................................18
10.1 SOCIAL ASSISTANCE (ARTICLE 30) ............................................................................................................................. 18 10.2 SOCIAL ASSISTANCE FOR SINGLE PARENTS (ARTICLE 30) ............................................................................................ 19 10.3 PROCEEDINGS BEFORE THE CIVIL COURT .................................................................................................................... 20 10.4 UNEMPLOYMENT ASSISTANCE .................................................................................................................................... 20 10.5 ENERGY BENEFIT ........................................................................................................................................................ 21
11
CHILD BENEFITS ....................................................................................................................23
11.1 CHILDREN’S ALLOWANCE (ARTICLE 76) ..................................................................................................................... 23 11.2 DISABLED CHILD ALLOWANCE (ARTICLE 77) .............................................................................................................. 25
12
MISCELLANEOUS ...................................................................................................................27
12.1 DUPLICATE RIGHTS (ARTICLE 90) ............................................................................................................................... 27 12.2 PERSONS IN PRISON (ARTICLE 91) .............................................................................................................................. 27 12.3 TIME AND MANNER OF MAKING CLAIMS (ARTICLE 97) ............................................................................................... 27 12.4 PAYMENTS (ARTICLE 98) ............................................................................................................................................ 28 12.5 REPAYMENT OF BENEFIT, PENSION, ALLOWANCE OR ASSISTANCE IMPROPERLY RECEIVED (ARTICLE 102) ................... 28 12.6 RECOVERY OF BENEFITS IN RESPECT OF INJURY CAUSED INTENTIONALLY OR THROUGH NEGLIGENCE (ARTICLE 103) .. 29
13
DETERMINATION OF CLAIMS ...............................................................................................30
13.1 DETERMINATION OF CLAIMS (ARTICLE 106) ............................................................................................................... 30 13.2 POWER TO REVISE DECISION (110) ............................................................................................................................ 30 13.3 APPEAL TO THE UMPIRE (ARTICLE 108) ...................................................................................................................... 30 13.4 APPEAL FROM A DECISION OF THE UMPIRE (ARTICLE 109) ......................................................................................... 30 13.5 POWER TO REVISE DECISION (ARTICLE 110) .............................................................................................................. 31
14
ENFORCEMENT AND COMPLIANCE .....................................................................................32
14.1 SPECIFIC OFFENCES ................................................................................................................................................... 32 14.2 LIMITATION OF ACTION (ARTICLE 122) ...................................................................................................................... 32 14.3 CIVIL ACTION ............................................................................................................................................................. 33 14.4 UNPAID CONTRIBUTIONS MAY BE DEEMED AS PAID IN CASES WHERE EMPLOYEE HAS NO BLAME (ARTICLE 126) ........ 33
15
PERSONS WITH INTERNATIONAL PROTECTION OR OTHERWISE........................................34
15.1 REFUGEES .................................................................................................................................................................. 34 15.2 PERSONS WITH SUBSIDIARY PROTECTION ................................................................................................................... 34 15.3 PERSONS WITH TEMPORARY HUMANITARIAN PROTECTION (OR THPN) ....................................................................... 35 15.4 ASYLUM SEEKERS AND REJECTED ASYLUM SEEKERS ................................................................................................... 35
16
USEFUL CONTACT DETAILS ...................................................................................................36
17
SOURCES ...............................................................................................................................38
INTRODUCTION
1
INTRODUCTION The overall objective is to improve the quality of life of social welfare service-users, and hence, protect and enhance their dignity, safety 1 and welfare.
The provision of social security benefits can be regarded as essential for the successful integration of migrants into Maltese society. For this reason, the research component of 2 the second phase of the Integration Project was aimed at obtaining a better understanding of the national social security regime through an in-depth examination of certain benefits provided by the Social 3 Security Act (the Act). The results of this examination are intended to equip organizations, working in the field of migration in Malta, with the necessary knowledge to assist their client group in accessing social security benefits. However, these results are also of benefit to migrants directly. This document is meant to serve as a guide to the national social security regime in so far as those benefits which are, or may be, of relevance to the migrant population in Malta are concerned. The migrant population in Malta includes refugees, persons with subsidiary or temporary humanitarian protection statuses as well as rejected asylum seekers. This document is structured as follows: •
The second section contains some important definitions while the third and fourth sections provide some basic information about the way in which the national social security system operates
1
The then Ministry of Education, Employment and the Family – Social Policy, “Social Welfare Standards” https://secure2.gov.mt/SOCIALPOLICY/SocProt/famil y/dsws/social_welfare_standards_info.aspx accessed on 13th April 2011. 2 JRS Malta Legal Assistance for Integration Project 2011. 3 Chapter 318 of the Laws of Malta.
as well as some information regarding the Unemployment Register; •
Section 5 to section 11 focus on those benefits which, at present, are considered to be the most relevant to the migrant population in Malta;
•
The final sections deal with provisions in the Act that relate to, among other things, the way in which claims for benefits are determined, offences, and the remedies available to an applicant in the event of a negative decision on his or her application.
The information contained in this document reflects 2012 policy and legislation. It is important to note that the rates of the different benefits listed in this document as well as other information (such as the documents required to apply for certain benefits/assistance) may change as a result of legislative or policy amendments. JRS Malta does not accept responsibility for incorrect, outdated or incomplete information which could have been provided from other sources in the course of this research and which has been subsequently reproduced in this document. Moreover, it is always advisable to resort to the Social Security Department for more specific information regarding the benefits/assistance included in this document as well as for information regarding the documents required to apply for such benefits/assistance (section 16 below provides a number of contact details which may be used to obtain more information on one’s rights under the Act).
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2
IMPORTANT DEFINITIONS UNDER THE SOCIAL SECURITY REGIME
Basic Weekly Wage and Basic Salary: mean the gross wage or salary that is payable to an employed person by his employer excluding any remuneration for overtime, any form of bonus, any extra allowances, any remuneration in kind and commissions;
Contribution Year: means the period starting from the first Monday in January and ending on the last Sunday before the first Monday in January of the following year; Credited Contribution: means a contribution which is not paid by a person but is nonetheless accredited ope legis to him for the purposes of the Act;
Benefit Year: means the period starting from the first Monday in January and ending on the last Sunday before the first Monday in January of the following year;
Department: means the Social Security Division;
Child: means a person who is under the age of 16 years and includes a stepchild, an adopted child and a child born out of wedlock;
Director: means the Director of Social Security unless otherwise provided; Employed Person: means a person who has not yet passed his 65th birthday and who is employed in insurable employment;
Class 1 Contribution: means a contribution which an insured person pays as an employed person;
Employer: includes a body of persons being a partnership, company, fellowship or society of persons whether corporated or unincorporated and whether vested with legal personality or not, and a body corporate established by law;
Class 2 Contribution: means a contribution which an insured person pays either as a self-employed person, or as a self-occupied person; Contract of Service: means an agreement between 2 persons, whether written, oral or implied, whereby 1 of the parties (herein called the "employee" and who shall always be a physical person), shall be under an obligation to render to the other party (herein called the "employer") services for definite hours at a specified wage, salary, remuneration in kind or any other benefit or privilege. This is subject to the right of the employer to exercise control, supervision, direction, and any form of disciplinary action over the employee as to the method of performance of his duties;
Father: includes a stepfather and an adoptive father Gainfully Occupied: means employed in insurable employment or selfoccupied; Head of Household: in relation to a household consisting of 2 or more persons means such person as is in the opinion of the Director the head of 4 household;
4
Definition includes a person who is residing alone. In the opinion of the Director, a head of household is always male regardless of whether he is the breadwinner of the said household or not.
IMPORTANT DEFINITIONS UNDER THE SOCIAL SECURITY REGIME Household: means 1 person who in the opinion of the Director is living alone or 2 or more persons who in the opinion of the Director are living together as a 5 family;
Self-employed Person: means a person who has not yet passed his 65th birthday, is ordinarily resident in Malta, and is not an employed person nor a 7 self-occupied person;
Insured Person: means an employed person or a self-employed person or a self-occupied person;
Self-occupied: means a self-employed person who is engaged in any activity through which earnings exceeding 8 €910 per annum are being derived;
Means Test: that test which is used to determine entitlement to certain noncontributory benefits. It takes into account a person’s financial income and assets and if such fall below a predetermined amount then he/she is said to satisfy the means test.
Single Parent: means a parent who is widowed, separated (whether de facto or de jure), divorced or unmarried who is solely and entirely responsible for the upkeep and upbringing of his or her dependant sons or daughters who have not yet reached 18 years of age;
Medical Treatment: means medical, surgical or rehabilitative treatment including any course or diet or other regimen, and any surgical and pharmaceutical aid. Mother: includes a stepmother and an adoptive mother; National Minimum Wage as is Applicable to Persons Aged 18+: Malta’s National Minimum Wage for 2012 is 158.11 euro for employees 6 aged 18 years and over.
5
6
Whether a group of unrelated people living together are considered to form a household is up to the discretion of the Director. Business First ‘Labour: Minimum Wage’ <http://www.businessfirst.com.mt/en/planning/costs/ labour > accessed on 31st October 2012.
7
8
A self-employed person is a person who earns an income without performing a physical activity. For instance, income deriving from rent, stocks, shares etc. A self-occupied person, on the other hand, is one who earns an income through a physical activity such as painting, tile laying etc.
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3
SCHEMES
The Act provides for 2 basic schemes, namely the Contributory Scheme and the Non-Contributory Scheme. In the former scheme, the basic requirement for entitlement is that certain contribution conditions are met. In the latter scheme, the basic requirement for entitlement is that the conditions of the means-test are met.
3.1
Contributory Scheme
Article 3 of the Act states that every person th who has passed his/her 16 birthday, but not yet reached his/her retirement age, shall become insured under this Act either as: •
An Employed Person;
•
A Self-employed Person;
•
A Self-occupied Person.
The Contributory Scheme in Malta is a system where employed, self-employed and self-occupied workers pay contributions on a weekly basis in accordance with the provisions of the Social Security Act. The idea is that persons contribute during periods of gainful activity in order to provide for themselves when a later contingency such as sickness, employment or retirement occurs. For an employed person, 3 different contributions are payable: 1 by the employed person, 1 by his employer and 1 by the State. These are known as Class 1 Contributions. On the other hand, Class 2 Contributions are payable by persons between the age of 16 and 65 who work on a self-employed/occupied basis. Generally, employment under the Act means employment in Malta under any contract of service or apprenticeship, including employment by or under the Government of Malta. This contract can be written or oral, expressed or implied. Employment of a casual nature which is not for the purposes of the employer’s trade or
business or employment for less than 8 hours a week is not considered to be employment under the Act.
3.2
Non-Contributory Scheme
The Non-Contributory Scheme was originally intended to meet the needs of persons living below the ‘at risk of poverty’ level. Non-Contributory benefits are mainly aimed at providing social and medical assistance (the latter both in cash and in kind) to heads of household who are unemployed and seeking employment or are unable to work because of some specific illness, provided their family’s financial resources fall below a certain level.
REGISTER OF PERSONS SEEKING EMPLOYMENT
4
REGISTER OF PERSONS SEEKING EMPLOYMENT
The Employment and Training Services Act provides for the setting up of a register for persons seeking employment (also referred to as the Unemployment Register). Since registration in this Register is intimately linked with the provision of certain benefits it is important to understand what it entails.
With respect to migrants, only persons with refugee status are entitled to register for employment on the Unemployment Register. At the time of writing, persons with subsidiary protection (SP) or with temporary 9 humanitarian protection (THP or THPN ) as well as asylum seekers and rejected asylum seekers are not entitled to register for employment under any part of the Unemployment Register. Thus, certain benefits, the provision of which depends upon prior registration, such as Unemployment Benefit and Unemployment Assistance, remain out of the reach of such persons.
It is divided into 3 main sections: •
Part 1 of the Register concerns the registration of persons who are unemployed (who have never worked or have been made redundant);
•
Part 2 of the Register concerns the registration of persons who, without a good cause, terminate employment or reject an opportunity of employment or training or who refuse or fail to participate in any employment or training measure or scheme of the Corporation;
•
Part 3 of the Register concerns the registration of persons who are in gainful occupation and who are seeking alternative employment; Part 3B is for those persons who are seeking temporary employment, such as students; Then there is also the part 3C 1 and the part 3C 2 for those who wish to have a part-time job as a sole employment or as another employment besides the full/part-time job.
9
Temporary Humanitarian Protection (New).
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5
BENEFITS AND ASSISTANCE UNDER THE SOCIAL SECURITY SYSTEM
The following table shows the different types of benefits and assistance provided by the Social Security Act. The colored text signifies those benefits and assistance which will be covered in this 10 publication as these are considered to be the most relevant to the migrant population in Malta.
Medical Assistance
Short Term Benefits
Social Assistance
Child Benefits
Supplementary Allowance
Pensions
Medical Assistance (SKA)
Sickness Benefit
Social Assistance
Children’s Allowance
Supplementary Allowance
Contributory Pensions in Respect of Retirement
Milk Grant
Injury Benefit
Social Assistance for Single Parents
Disabled Child Allowance
Contributory Invalidity Pension
Leprosy Assistance
Marriage Grant
Social Assistance for Carers
Maternity Benefit
Contributory Pensions in respect of Widowhood
Tuberculosis Assistance
Unemployment Benefit
Unemployment Assistance
Maternity Leave Benefit
NonContributory Age Pension
Free Medical Aid
Special Unemployment Benefit
Drug Addict Allowance
Child in Care Allowance
NonContributory Disability Pension
Energy Benefit
Orphan’s Allowance & Orphan’s Supplementary Allowance
NonContributory Blind Pension
Social Assistance for Ex-Inmates of a State-Owned Hospital for Mental Diseases
NonContributory Carer’s Pension Parent’s Pension Injury Grant & Injury Pension
10
For more detailed information on these benefits as well as information on some of the other benefits please refer to the main research document which is available for download on the JRS Malta Website.
CONTRIBUTORY BENEFITS Â
6
CONTRIBUTORY BENEFITS
Short Term Benefits
Contributory Pensions
Sickness Benefit
Contributory Invalidity Pension
Injury Benefit
Contributory Pensions in Respect of Widowhood
Marriage Grant
Contributory Pensions in Respect of Retirement
Unemployment Benefit
Injury Grant & Injury Pension
Special Unemployment Benefit
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7
SHORT TERM BENEFITS
Introduction The short term benefits are contributory benefits. This means that eligibility depends on whether the contribution conditions specified in the Act for these types of benefits have been fulfilled. Moreover, Special Unemployment Benefit can be classified both as a contributory as well as a non-contributory benefit because, as one will see below, the eligibility criteria for this sort of benefit are that a person fulfills the contribution conditions for Unemployment Benefit on the one hand and satisfies a financial test on the other. Unfortunately, persons with SP, THP and THPN statuses as well as asylum seekers and rejected asylum seekers are not entitled to register for employment with the Employment and Training Corporation (ETC). This means that, until this restriction is lifted, benefits which require prior registration on the Unemployment Register, such as Unemployment Benefit and Special Unemployment Benefit, will remain out of the reach of such persons in practice.
7.1
Sickness Benefit (Article 18)
Eligibility An insured person who has not yet reached retirement age and who satisfies the relevant contribution conditions shall be entitled to Sickness Benefit for any day of 11 incapacity for work. Therefore the applicant must: •
Be an insured person below retirement age;
11 A day of incapacity means a day where the person concerned is not able to work by reason of some specific disease or bodily or mental impairment or that he is under treatment or observation for a disease of a bodily or mental impairment.
•
Satisfy the conditions;
relevant
•
Be incapable of work.
contribution
A claimant will not be paid Sickness Benefit for any day on which, whether incapacitated or not, he or she is not required to work (e.g. Sunday). In fact, the Social Security Act states that in any uninterrupted period of incapacity for work, the maximum number of consecutive days in respect of which Sickness Benefit may be paid shall not 12 exceed 6 days.
Rate of Sickness Benefit
Type of Benefit
Single person or married person maintaining a spouse who is not employed on a full-time basis
Any other person
Sickness Benefit
18.57 euro per day of incapacity
12.01 euro per day of incapacity
Contribution Conditions The relevant contribution conditions which must be satisfied by an insured person to be entitled to Sickness Benefit are: •
That the person concerned has paid not less than 50 contributions; and
•
That he/she has paid or had credited to him/her not less than 20 contributions for the last 2 consecutive complete
12
This means that in any 1 week Sickness Benefit will not be paid for longer than 6 consecutive days. If the claimant normally works 5 days in a week, he or she will be paid Sickness Benefit for a maximum of 5 consecutive days in any 1 week. A claimant will never be paid Sickness Benefit for a maximum of 7 consecutive days.
SHORT TERM BENEFITS
9
contribution years before the beginning of the benefit year.
Benefit for any period as may be decided by the Director General (Social Security) if:
The law states that a self-employed person shall not be entitled to Sickness Benefit unless the person making the claim for such benefit is normally self-occupied and would have been self-occupied but for that incapacity.
•
Duration of Benefit The number of days of incapacity for work shall not exceed in the aggregate a maximum of 156 days in any calendar year. However, if the person making a claim for such benefit undergoes any major surgical operation, or suffers a severe injury, or is afflicted by some serious disease which requires a long treatment before such person may resume work, payment of Sickness Benefit may be approved for any further number of days (i.e. more than the maximum 156 days). This further number of days may not however exceed another 156 days. All of the above is, however, dependent on the amount of contributions paid by the person concerned. More specifically, in order to qualify for Sickness Benefit for a total of 156 days or 468 days, the person concerned should have paid 156 or 468 contributions, depending on the case, and should not have exhausted them by previous claims of Sickness Benefit, Unemployment Benefit or Special Unemployment Benefit. If there are not enough contributions to qualify for 156 or 468 benefit days, the duration of the Sickness Benefit shall be dependent on the amount of contributions that have been paid and have not been used up.
Disqualification There are a number of situations which could give rise to a disqualification from Sickness Benefit. For instance, a person shall be disqualified from receiving Sickness
• •
He/she has without good cause failed to attend for or refused to submit to medical examination as may have been required or, without a good medical reason, failed to submit himself/herself to medical treatment as may have been appropriate in his/her case; or If he/she has behaved in a manner likely to retard his/her recovery; or If he/she is absent without good cause from his/her place of residence
Procedure to Apply In order to start receiving Sickness Benefit, a medical certificate (blue form) has to be prepared by a medical practitioner when the incapacity for work is of no longer than 6 days. The original certificate has to be sent to the Department of Social Security by the employee within 10 days whereas a copy has to be given to the claimant’s employer. If the incapacity for work is longer than 6 days, the medical certificate has to be renewed once a week until the claimant is fit to resume work.
Documents Required -‐
7.2
Original medical certificate.
Injury Benefit (Article 28)
Eligibility for Injury Benefit •
An insured person who has not yet reached his/her retirement age;
•
Suffers personal injury caused by an accident in the course of his/her employment or self-occupation or he/she has developed a disease being a disease due to the nature of his/her work;
CHAPTER 318 - SOCIAL SECURITY ACT
10 •
•
Within a period of 12 months from the date of accident or the onset of the disease, he/she is, as a result, incapable of work; This injury/disease has rendered the applicant incapable of work for more than 3 days.
for any period as may be deemed fit by the Director General (Social Security) if: •
He/she has without good cause failed to attend for or refused to submit to medical examination as may have been required; or
•
Without a good medical reason, failed to submit himself/herself to medical treatment as may have been appropriate in his/her case; or
•
He/she has behaved in a manner likely to retard his/her recovery; or
•
He/she is absent without good cause from his/her place of residence, or
•
It has been proven that the person concerned has acted negligently by disregarding any safety precautions that he/she was obliged to take in terms of the Occupational Health and Safety Authority Act, thereby causing the accident that resulted in the injury.
Rate of Injury Benefit Daily Rate of Benefit
Type of Benefit
A single person or a married person maintaining a spouse who is not employed on a full-time basis
Any other person
Injury Benefit
27.87 euro
20.97 euro
Duration of Benefit Injury Benefit shall be paid in respect of any day (excluding any day on which such person would not have been required to work e.g. Sundays) during which, as a result of the relevant injury, the person concerned is incapable of work. Moreover, in any uninterrupted period of incapacity for work, the maximum number of consecutive days in respect of which Injury Benefit may be 13 paid shall, in no case, exceed 6.
Disqualification There are a number of situations which could give rise to a disqualification from Injury Benefit. For instance, a person shall be disqualified from receiving Injury Benefit
However, if it is proven that the employer was in breach of any of the provisions of the Occupational Health and Safety Authority Act, the Director General (Social Security) may claim from the employer any benefit paid to the insured person relating to such accident. Documents Required to Apply The application form for Injury Benefit has to be signed by the treating doctor indicating the nature of the injury/disease and the duration of recovery. In addition, the claim form has to be counter-signed by the employer in the case of an employed person or by the police in the case of a selfoccupied person.
13
This means that in any 1 week Injury Benefit will not be paid for longer than 6 consecutive days. If the claimant normally works 5 days in a week, he or she will be paid Injury Benefit for a maximum of 5 consecutive days in any 1 week. A claimant will never be paid Injury Benefit for a maximum of 7 consecutive days.
7.3
Unemployment Benefit (Article 30)
Eligibility A person shall be entitled to Unemployment Benefit for any day of unemployment
SHORT TERM BENEFITS excluding Sundays up to a maximum of 156 benefit days if: •
He/she satisfies the contribution conditions; and
•
He/she has not yet reached pension age; and
•
He/she is registered under part 1 of the Unemployment Register
relevant
Daily Rate of Unemployment Benefit
Type of Benefit
A single person or a married person maintaining a spouse who is not employed on a fulltime basis.
Any other person
Unemployment Benefit
11.26 euro
7.37 euro
Contribution Conditions The contribution conditions Unemployment Benefit are: • •
for
That the person concerned has paid not less than 50 contributions; and That he/she has paid or had credited to him/her not less than 20 contributions for his/her last 2 consecutive complete contribution years before the beginning of his/her benefit year.
What is not Unemployment
considered
to
be
A person shall not be deemed to be unemployed on any day if, among other things: •
•
•
He/she is following any gainful occupation on that day or has done work for which remuneration is ordinarily payable, whether or not remuneration has in fact been received; or He/she is on holiday; or
Notwithstanding that his/her employment has come to an end, he/she receives, in respect of that day, wages or any payment by way of compensation;
Duration Unemployment Benefit is paid for a maximum of 156 days if the claimant has paid sufficient contributions, i.e. 156 contributions. The law states that the grand total of benefit days by way of Unemployment Benefit (or Sickness Benefit added together) shall, in no case, exceed at any time the grand total number of contributions paid by the person concerned. If there aren’t sufficient contributions for 156 days of Unemployment Benefit, the duration of this Benefit will be equal to the amount of contributions available. When entitlement to Unemployment Benefit is exhausted, the person will only re-qualify for this benefit after 13 weeks in insurable employment. In this case, the duration of 14 Unemployment Benefit will be 13 days.
Procedure and Documents Required to Apply Registration for work means that the jobseeker is ready and willing to take active steps to seek and take up work. The jobseeker can register for work at the Registration Unit of ETC. For a person to be eligible for Unemployment Benefit, he/she must be registered on part 1 of the Register. It is important that the jobseeker provides accurate and up-to-date details. He/she must also provide an updated employment history. The jobseeker, on first registration, is issued with a card which will allow him/her to register at a stipulated time and place. A chit is issued every time a jobseeker registers providing details for the next
14
One day for every contribution paid.
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registration and any other messages that ETC may have for the jobseeker. Messages on the chit include information to attend activities such as Job Search Seminars, training courses, job fairs or interviews. Failure to attend such initiatives without a valid reason will lead to the removal of the jobseeker’s name from part 1 of the Register. The same also applies to persons who fail to attend work interviews or who purposely behave in a manner as to fail these interviews. The documents which are required when registering for work for the first time are: -‐
Identity Card;
-‐
National Insurance Card;
-‐
Termination employment;
-‐
Any certificates of qualifications together with a curriculum vitae;
-‐
Registration form which can be downloaded from the ETC website.
Form
of
Special Unemployment (Article 30)
Benefit
Eligibility To be eligible for Special Unemployment Benefit instead of Unemployment Benefit a person must: •
•
Be eligible for Unemployment Benefit (thus he/she must first fulfill the eligibility criteria for Unemployment Benefit); and Be the Head of Household whose total weekly means (taking into account all the members of the household) do not
scale
rate
for
that
Scale Rate A household of 1 eligible member only = 95.43 euro. Where the number of eligible members in the household exceeds 1, the respective weekly rate indicated above shall be increased by 8.15 euro per week in respect of every other eligible member in that household. Daily Rate of Special Unemployment Benefit
Type of Benefit
A single person or a married person maintaining a spouse who is not employed on a fulltime basis
Any other person
Special Unemployment Benefit
18.92 euro
12.35 euro
previous
When a person is registered under part 1 of the Register an application for Unemployment Benefit is submitted automatically. However, it is important that the individual visits the Social Security District Office to check whether he/she qualifies for Special Unemployment Benefit or Unemployment Assistance instead.
7.4
exceed the household.
Procedure The prescribed application form must be duly filled in. One should declare all the income and assets of the household together with the composition of the household. Once the form is completed, it is forwarded to the Head Office for assessment by the section concerned.
Documents Required -‐
Bank statements;
-‐
Rent receipts;
-‐
Other documents showing income of the whole household;
-‐
In case of separated persons, contract of separation or court decree is required. If these cannot be produced yet, a letter from their lawyer stating that the couple is in the process of separation should be produced.
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NON-‐CONTRIBUTORY BENEFITS
8
NON-CONTRIBUTORY BENEFITS
Medical Assistance
Social Assistance
Child Benefits
Supplementary Allowance
NonContributory Pensions
Medical Assistance (SKA)
Social Assistance
Children’s Allowance
Supplementary Allowance
Non-Contributory Age Pension
Milk Grant
Social Assistance for Single Parents
Disabled Child Allowance
Non-Contributory Disability Pension
Leprosy Assistance
Social Assistance for Carers
Maternity Benefit
Non-Contributory Blind Pension
Tuberculosis Assistance
Unemployment Assistance
Child in Care Allowance
Non-Contributory Carer’s Pension
Free Medical Aid
Drug Addict Allowance
Orphan’s Allowance & Orphan’s Supplementary Allowance
Parent’s Pension
Energy Benefit
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MEDICAL ASSISTANCE
•
Introduction Entitlement to Medical Assistance is not based on satisfying the relevant contribution conditions as is the case with other kinds of benefits. Rather, they are generally based on the financial capacity of the household as determined by a Means Test.
9.1
Sickness Assistance (Article 20)
Eligibility A person who is the head of household shall be entitled to Sickness Assistance if he/she proves that:
•
•
He/she, or a member of his/her household, is suffering from a disease, or is in a condition, mentioned below which could be alleviated or cured by a special diet or regimen which requires an expenditure not normally incurred by the household; and The person in respect of whom such assistance is claimed is neither an employed person nor a selfoccupied person; and The total weekly means of all the members of his household do not exceed the scale rate for that household.
Diseases or Conditions in Respect of which Sickness Assistance is Paid 1.Malignant Diseases 2.Cardiovascular Diseases
a) Congestive Cardiac Failure
b) Persistent Hypertension with a Diastolic Reading Above 110 if Left Untreated
3. Endocrine
a) Addison’s Disease
b) Juvenile Diabetes Mellitus
4. Renal
a) Nephrotic Syndrome
b) Chronic Renal Failure
5. Digestive System
a) Chronic Peptic Ulcer
b) Coeliac Disease and Idopathic Steatorrhea
6. Disease of the Liver
a) Hepatic Cirrhosis Associated with Ascites or Neurological Symptoms
b) Wilson’s Disease
a) Serious Bodily or Mental Impairment arising from Diabetes Mellitus whether Congenital or Acquired
b) All cases of Diabetes
7.Chronic Schizophrenia* 8. H.I.V. Positive
9. Miscellaneous
c) Enzyme Deficiency Disorders
c) Crohn’s Disease and Ulcerative Colitis
CHAPTER 318 - SOCIAL SECURITY ACT
15
* Entitlement to Sickness Assistance is still possible in the case of a person who is suffering from chronic schizophrenia, whether or not this condition could be alleviated or cured by a special diet of regimen. However, the person who is suffering from such a condition must prove that he/she has been undergoing regular treatment for such a condition for at least 3 years and that within the 3 months immediately prior to his/her claim for such assistance his/her condition had been investigated and certified by a psychiatrist, who is or was a consultant psychiatrist in Government employment.
period in which the person in respect of whom such Assistance is being paid is absent from Malta unless he/she proves that his/her absence from Malta was in connection with his/her own medical treatment abroad for that condition or disease in respect of which such Assistance is being paid.
Extinguishment Assistance
Scale Rate
1 Person Only
27.48 euro
Where the number of members in the household exceeds 1, the weekly rate indicated above shall be increased by €8.15 per week in respect of every other member in that household. A head of household who is in receipt of Social Assistance or an Age Pension or a Carer’s Pension is presumed not to have means exceeding the scale rate for that household.
•
From the first day following that on which he/she becomes a resident of any other state financed institution.
Documents Required to Apply -‐
Prescribed application form duly filled in;
-‐
Copy of ID card;
-‐
Photocopy of recent bank statements or any documents related with stocks/bonds or funds;
-‐
In case where claimant owns another property which is not being rented, a present market value issued by an architect is to be produced;
-‐
Photocopy of all documents related with any agricultural fields (if any);
-‐
Photocopy of a chit (document) showing the annual income from a foreign pension;
-‐
In case where the second property is being rented, a recent copy of rent book is to be produced.
Sickness Assistance 23.29 euro
In respect of any other member of the same household
18.16 euro
Disqualification A person shall be disqualified from receiving Sickness Assistance during any
Sickness
From the first day of admission to a State Financed Residential Service, wherein the resident is being provided 15 with level 2 care as specified by the Minister by notice in the Gazette; and
Weekly Rate
In respect of the first member of the household
to
•
Amount of Sickness Assistance Type of Assistance
Right
The right to Sickness Assistance shall be extinguished:
Scale Rate Number of Persons in Household
of
15
Where the residential service provided includes such level of care that goes beyond minimal basic care.
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16
Free Medical Aid (Article 23)
9.2
-‐
Digestive System Diseases: o
Gastro – Oesophageal Reflux Disease
o o o
Gastric/Duodenal Ulcers Inflammatory Bowel Disease Coeliac Disease
o
Diverticular Disease requiring Stoma Care
o o
Hirshprung’s Disease Imperforate Anus
Eligibility A person who is the head of household shall be entitled to Free Medical Aid i.e. the supply of drugs, spectacles, dentures, and other prosthetic aids (as in the opinion of the Chief Government Medical Officer are indicated in his case and which are available) if he/she shows that: •
•
On account of bodily or mental impairment, sickness or disease, which does not require treatment in hospital, he/she or any member of his household is in need of medical, surgical or pharmaceutical aid; and The total weekly means of all the members of his household do not exceed the scale rate for that household.
-‐ -‐
-‐
If the person concerned is suffering from Auto-Immune Enteropathy as certified by a consultant Paediatrician, the Free Medical Aid referred to above shall include Total Parenteral Nutrition. Moreover, a person suffering from one of the diseases or conditions specified below shall also be entitled to Free Medical Aid (as in the opinion of the Chief Government Medical Officer are indicated in his case and which are available within the national health service): -‐ -‐
-
Malignant Diseases Cardiovascular Diseases: o Chronic Heart Failure o o
Hypertension Ischaemic Heart Disease
o o
Cardiac Arrhythmias Peripheral Vascular Disease
o Cerebrovascular Disease o Genetic Dyslipidaemia Respiratory Diseases: o o
Chronic Respiratory Failure Cystic Fibrosis
o
Chronic Obstructive Pulmonary Disease Chronic Asthma
o
-‐ -‐
o Small Intestinal Failure Liver Diseases: o Chronic Liver Disease Haematological Diseases: o Inherited Bleeding Disorders o Inherited Haemogloginopathies Nervous System Diseases: o o o
Epilepsy Parkinson’s Disease Myasthenia Gravis
o o
Multiple Sclerosis Motor Neurone Disease
o o o
Trigeminal Neuralgia Huntington’s Chorea Dementia
o o
Schizophrenia Psychosis
o o
Chronic Mood Disorders Chronic Neurotic Disorders
o o
Addiction Disorders Chronic Psychiatric Disorders starting in Childhood
o o
Chronic Eating Disorders Cerebral Palsy
o o
Narcolepsy Spinal Cord Pathologies
o Congenital Indifference to Pain Renal Diseases: o Chronic Kidney Disease Endocrine Diseases: o Diabetes Mellitus o o o
Addison’s Disease Precocious Puberty Hypoparathyroidism
o o
Hypopituitarism Hypogonadism
MEDICAL ASSISTANCE
17
-‐
o
Enzyme Disorders
o
Endometriosis and Adenomyosis
-‐ -‐
o
HIV/AIDS and HIV Related Diseases Hepatitis B & C
o o
Tuberculosis Hospital Acquired Infections
o o
Leprosy Polio and Post-Polio
Syndrome o Chronic Osteomyelitis Rheumatic Diseases: o o
Rheumatoid Arthritis Paget’s Disease
o o o
Lupus Erythematosus Systemic Sclerosis Dermatomyositis/Polymyosit
o
is Polyartritis Nodosa
o o
Seronegative Arthritis Crystal Deposition Disease
o Polymyalgia Rheumatica Metabolic Disorders o Inborn Errors of Metabolism Eye Diseases: o Glaucoma o
-‐
Vascular Disease of the Retina
Immunodeficiency: o Primary Immunodeficiency Disorder o
-‐
Chronic Immunobullous Disorders
o Congenital Ichthyosis Infectious Diseases: o
-‐
•
o Pituitary Adenomas Skin Diseases: o Psoriasis o
-‐
Scale Rate
Secondary Immunodeficiency Disorder
Chromosome Disorders: o Down Syndrome o Turner Syndrome o
Prader-Willi Syndrome
Scale rate of means governing Free Medical Aid where the head of household is in insurable employment or self-occupied:
Number of Persons in Household
Scale Rate
1 person only
139.48 euro
Where the number of members in the household exceeds 1, the weekly rate indicated above shall be increased by 8.15 euro per week in respect of every other member in that household. •
Scale rate of means governing Free Medical Aid where the head of household is neither in insurable employment nor self-occupied:
Number of Persons in Household
Scale Rate
1 person only
27.37 euro
Where the number of members in the household exceeds 1, the weekly rate indicated above shall be increased by 8.15 euro per week in respect of every other member in that household. Where the person in need of such aid is not the head of household or his/her spouse, the head of household shall not be entitled to Free Medical Aid if the weekly means of the person in respect of whom such aid is required exceeds the scale rate for 1 person as determined above.
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18
10 SOCIAL ASSISTANCE
•
Introduction
•
Social Assistance is a non-contributory benefit and is subject to a means test. There is also Unemployment Assistance in this section which is similar to Special Unemployment Benefit with the only difference that the former does not depend on the payment of a pre-determined amount of contributions. The reason being is that it is a non-contributory form of assistance during unemployment. Although Unemployment Assistance is means tested, the unemployed person is still required to register for employment. Unfortunately, due to the fact that certain categories of migrants are currently not allowed to register for employment, Unemployment Assistance (as well as Unemployment Benefit and Special Unemployment Benefit) remains out of the reach of such persons.
10.1 Social Assistance (Article 30) Eligibility There are 3 different ways in which a person can become entitled to Social Assistance. Each 1 contains its own specific criteria which the applicant must satisfy. •
The first way in which a person can qualify for Social Assistance is when he or she fulfils the following criteria: • •
•
•
He or she is the head of household; and Is incapable of work by reason of a serious disease or bodily or mental impairment; and If it were not for such disease or impairment, he/she would have been employed or registering for employment.
The second way in which a person can qualify for Social Assistance is when he or she fulfils the following criteria:
•
• •
He or she is the head of household; and Is certified by ETC to be unemployable. The third way in which a person can qualify for Social Assistance is when he or she fulfils the following criteria: He or she is the head of household; and Is over pension age.
A person who satisfies the requirements of any one of the above groupings will be entitled to Social Assistance notwithstanding the fact that he/she is not registered as an unemployed person.
Weekly Amount of Social Assistance The weekly amount of Social Assistance to which a head of household is entitled is such as to bring the total weekly means of all the members of his/her household who are not employed or self-occupied up to the scale rate for that household. This means that the weekly rate of Social Assistance should be the difference obtaining between the actual total weekly means of the unemployed members of the household and the scale rate for that household. However, if there are any special circumstances in any household the weekly amount of Social Assistance may be increased as may be appropriate to meet those circumstances. On the other hand, if there are members in the household (other than the head of that household and spouse) who are employed or self-occupied, the rate of Social Assistance shall be reduced by the difference between the scale rate that would have been applicable had such members not been employed or self-occupied and the scale rate that is in fact applicable to the 16 household.
16
However, if the gross income of an employed or selfoccupied member of the household does not exceed 35% of the National Minimum Wage as is applicable
SOCIAL ASSISTANCE Scale Rate
•
The scale rate for a household of 1 eligible member only is 95.43 euro per week. Where the number of eligible members in the household exceeds 1, the respective weekly rate shall be increased by 8.15 euro per week in respect of every other eligible member in that household.
A single parent will also be entitled to Social Assistance if he/she is gainfully occupied but at a different rate to the person who qualifies for Social Assistance in terms of the above criteria.
Documents Required
Rate of Social Assistance
-‐
Prescribed application form duly filled in;
-‐
If renting, a rent receipt showing all landlord’s details;
-‐
Any recent bank statements if the applicant has any bank accounts in his/her name;
-‐
If separated, a finalized contract of separation signed by both parties is to be submitted;
-‐
In case where the head of household is medically unfit, he/she has to produce a PA 132 filled by his/her family doctor.
10.2 Social Assistance for Single Parents (Article 30)
Is unable to take up a full- time gainful occupation as he/she has to take care of 18 his/her own child/children;
The rate of Social Assistance for a single parent who is unemployed will be such as to bring the total weekly means of all the members of the household up to the scale rate for that household. If, on the other hand, the single parent is gainfully occupied, the rate of Assistance in this case will be such as to ensure that his/her total weekly means do not exceed the National Minimum Wage as is applicable to persons aged 18 +.
Scale Rate The scale rate is 71.57 euro per week. This figure is increased by 6.13 euro per week in respect of every additional unemployed person in the household.
Eligibility
Documents Required to Apply
A person shall be entitled to Social Assistance for Single Parents if he/she:
This section is not featured on the website of the Ministry for the Family and Social Solidarity. However, the documents required in this case may be the same as those required to apply for Social 19 Assistance.
•
Is the head of household; and
•
Is a single parent;
17
and
to persons aged 18+ during the period in respect of which Social Assistance is due, that member shall not be considered as an employed or self-occupied person. 17 The definition of “single parent” outlined in the beginning of the document and which is the same definition found in the Act states that a single parent may be unmarried, separated, widowed etc.
18
The person concerned does not have to be registered as unemployed to be eligible for Social Assistance for Single Parents. 19 In the case of de facto separation, the person concerned must present a declaration by his/her advocate wherein it is stated that his/her client has started or intends to start separation proceedings against his/her spouse.
19
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20
10.3 Proceedings before the Civil Court
•
The Director (Social Security), if the circumstances require, may initiate proceedings before the Civil Courts against: •
•
Any person by whom maintenance is due to the person claiming or 20 receiving Social Assistance; or The spouse, father, mother, sons or daughters, as the case may be, of the person claiming or receiving 21 Social Assistance
The purpose of the proceedings is to compel any one of the above-mentioned persons to refund any such assistance. The Court will order the refund of any sum paid as Social Assistance up to the amount that would have been due by such relative/s as maintenance under the Civil Code. Also, the Director (Social Security) may claim a refund from the spouse of the person to whom Social Assistance was being paid notwithstanding that such person, in a contract of personal separation, renounced to the right to maintenance from his/her spouse. The spouse shall be liable to refund up to the full extent as if such renunciation had not taken place, unless it is proved that the party to whom Social Assistance was being paid was guilty of adultery or has abandoned the other spouse.
10.4 Unemployment Assistance
The total weekly means (taking into account all the members of the household who are not employed or self-occupied) do not exceed the scale rate for that household.
Scale Rate The scale rate for a household of 1 eligible member only is 95.43 euro. Where the number of eligible members in the household exceeds 1, the respective weekly rate indicated above shall be increased by 8.15 euro per week in respect of every other eligible member in that household.
Rate of Unemployment Assistance The rate of Unemployment Assistance will be such so as to bring the total weekly means of all the members of the household, who are neither employed nor selfoccupied, up to the scale rate for that household. On the other hand, if there are members in the household (other than the head of that household and his/her spouse) who are employed or self-occupied, the rate of Unemployment Assistance shall be reduced by the difference between the scale rate that would have been applicable had such members not been employed or self-occupied and the scale rate that is in 22 fact applicable to the household. Unemployment Assistance shall be payable on a daily basis. However, no assistance is payable in respect of Sundays.
Eligibility A person will be entitled to Unemployment Assistance if: •
He/she is the head of household; and
•
He/she is unemployed and registered under part 1 of the Unemployment Register; and
20 21
Except Social Assistance for Carers. ibid.
22
However, if the gross income of an employed or selfoccupied member of the household does not exceed 35% of the National Minimum Wage as is applicable to persons aged 18+ during the period in respect of which Social Assistance is due, that member shall not be considered as an employed or self-occupied person.
SOCIAL ASSISTANCE Documents Required -‐
Prescribed application form duly filled in;
-‐
If separated, contract of separation.
-‐
Some of the documents required to apply for Social Assistance (General) may also be required in this case.
Energy Benefit
10.5
23
Energy Benefit is aimed at mitigating the effect of the increase in expenditure on water and electricity bills of low income families. While it does not feature under the Act, it is included in this document because it is closely linked to some of the benefits and assistance analyzed in this document.
In the second category, the social security benefits which a person must be in receipt of to be able to qualify for Energy Benefit are: • • •
Such beneficiaries must also pass a Means Test to be able to qualify for Energy Benefit, i.e. the total income of the family is less than 8,158.81 euro In the third category, a person can qualify on humanitarian grounds if: •
•
Eligibility
•
Eligibility for Energy Benefit can occur in 3 ways: •
Those who qualify because they are in receipt of certain social security benefits;
•
Those who qualify because they are in receipt of certain social security benefits and pass a Means Test;
•
•
In the first category, the social security benefits which a person must be in receipt of to be able to qualify for Energy Benefit are:
23
•
Any Social Assistance; or Unemployment Assistance; or Special Unemployment Benefit; or 24 Age Pension; or 25 Carer’s Pension.
The information regarding Energy Benefit provided here was taken from the website of the then Ministry of Justice, Dialogue and the Family. A more recent version can be found on the Ministry for the Family and Social Solidarity. 24 Not included in this document.
A head of household proves that a member of the family suffers from a medical condition that requires an excessive use of water and electricity; and Such member is permanently residing in Malta; and The household income (calculated in accordance with the provisions for a Disabled Child Allowance) is less than 30,910.80 per annum.
What Energy Benefit Entails
Those who qualify on humanitarian grounds.
• • • • •
Children’s Allowance; or Supplementary Allowance; or A Disability Pension
•
•
The Energy Benefit for those who qualify automatically (first category) or through a means test (second category) will include: An amount to offset 30% of the consumption of electricity prior to the eco reduction up to a maximum assistance of 75 euro per year per person in the household; and A subsidy of not more than 65 euro per year in respect of the rent of electricity meter; and A subsidy of not more than 59 euro per year in respect of the rent of water meter.
The Energy Benefit for those who qualify on humanitarian grounds will include:
25
ibid
21
CHAPTER 318 - SOCIAL SECURITY ACT
22 •
•
•
An amount to offset 80% of the consumption of electricity before the eco contribution reduction; and A subsidy in respect of the rent of an electricity meter of not more than 65 euro per year in case of a single phase meter or not more than 195 euro per year in the case of a 3 phase meter, and A subsidy of not more than 59 euro per year in respect of the rent of water meter.
Documents Required -‐
Application form duly filled in;
-‐
Copy of water and electricity bill;
-‐
In the case of persons who are in receipt of a Disability Pension as well as those persons who fall within the third category, documentary evidence of income declarations is required;
-‐
In the case of persons falling within the third category, a medical certificate regarding the medical condition of the member of the family is necessary;
-‐
Additional important information required are the water and electricity account number and the account holder’s name, address and identity card number.
The Benefit is paid by means of a voucher. Certain conditions apply, namely: •
• •
•
The voucher has to be presented when settling water and electricity bills; The voucher cannot be cashed anywhere; The voucher is linked to a specific account number and cannot be attached to any other water and electricity bill; The voucher is valid for 6 months
CHILD BENEFITS
11 CHILD BENEFITS Introduction The Child Benefits that will be discussed in this section are the following: •
Children’s Allowance;
•
Disabled Children’s Allowance;
Both the above benefits contributory benefits.
are
non-
head of household must have the care and custody of the child and such child must be the son or daughter of the head of household or his spouse. If neither the head of household nor his spouse is the parent of the child, the allowance will still be paid out if it is in the best interest of the child to accept such head of household as being the effective custodian of the child.
Conditions which Limit Entitlement to Children’s Allowance
11.1 Children’s Allowance (Article 76) Eligibility The Act in Article 76 states that Children’s Allowance is the right of every child in any household. Child is defined as a person who is under the age of 16 years and includes a stepchild, an adopted child and a child born out of wedlock.
The website of the Ministry for the Family and Social Solidarity states that in order to be eligible for Children’s Allowance flat rate (i.e. where annual income exceeds 24,226 euro): •
The applicant must be a resident of Malta for at least 3 months before date of application; and
•
One of the parents must be a citizen of Malta or have refugee status or be a citizen of an EU Member State or be a citizen of a member country of the European Social Charter and have the care and custody of the child; and
•
The total annual income of the household for the year preceding that of application exceeds 24,226 euro (the amount paid in respect of social security contributions is deducted from the income declared); and
•
Child/children are under the age of 16 years.
Moreover, there are 2 types of Children’s Allowance which families with children can benefit from. These are: •
Children’s Allowance Flat Rate;
•
Means Tested Children’s Allowance.
The former is awarded to families whose yearly income exceeds 24,226 euro. The latter is awarded to families whose yearly income is below 24,226 euro and may consist in a higher rate of Allowance.
Beneficiary of Children’s Allowance Children’s Allowance is applied for by the head of household but paid out to his 26 spouse. However, in order to apply, the
On the other hand, with respect to Means Tested Children’s Allowance (i.e. when annual income is 24,226 euro or less), the website states that: •
The applicant must be a resident of Malta for at least 3 months before date of application; and
•
One of the parents should be a citizen of Malta or have refugee status or be a citizen of an EU Member State or be a citizen of a member country of the
26
This is so unless the head of household proves that, in the interest of the child, such payment has to be made to him. Spouse here includes such person who is living with the head of household as if such person were the lawful spouse, provided such person is the father or mother of the child in respect of whom the allowance is payable.
23
CHAPTER 318 - SOCIAL SECURITY ACT
24
European Social Charter and have the care and custody of the child; •
Total annual income for the year preceding that of application shall not exceed 24,226 euro (the amount paid in respect of social security contributions is to be deducted from the income declared).
Moreover, if the head of household and his wife are separated or, in the case that they are not legally married they are no longer residing together, they are no longer considered as forming one household for the purpose of Children’s Allowance. On the contrary, eligibility for Children’s Allowance shall be assessed separately according to the eligibility rights and the yearly means of the household which has the effective care and custody of the child/children.
Non-Entitlement to, Disqualification from, and Cessation of Children’s Allowance -‐
Persons in Receipt of other Benefits under the Act: Children’s Allowance is not payable in respect of a child who benefits from a Disability Pension or a Pension for the Visually Impaired.
-‐
Children not living in Malta: Children’s Allowance is not payable in respect of any child not living in Malta.
-‐
Allowance not payable outside Malta: Children’s Allowance is not payable outside Malta
-‐
Head of Household no longer has Care of Child etc: Children’s Allowance ceases to be payable if the head of household no longer has the care of the child in respect of whom the Allowance is being paid or where such person is 18 years of age or over and he/she is no longer living with the head of household.
Rate of Children’s Allowance Where the maximum yearly income is more than 24,226 euro
Fixed Rate
Children in household under 16 years of age
6.73 euro per week per child up to a maximum amount of 350 euro per annum for each such child
Procedure to Apply •
Where the maximum annual income for entitlement purposes is 24,226 or less. Children in household under 16 years of age
When completed, relevant application form must reach the Department of Social Security by not later than 6 months from the date of birth of the child. Payment is effected in 1 lump sum on the first Saturday of January and covers the Children’s Allowance due for the year. •
22.23 euro per week per child up to a maximum amount of 1155.96 euro per annum for each such child
When income exceeds 24,226 euro
When income is 24,226 euro or less
Relevant application form must be filled in. Children’s Allowance is paid on a yearly basis starting in July of the current year and ending in June of the following year. The Department of Social Security makes the necessary investigations to establish income earned from other sources, which may not be included in the application form. To continue receiving the Allowance, an annual income declaration has to be returned to the Department of Social Security by not th later that the 30 April of each year. Children’s Allowance will be paid in
CHILD BENEFITS
25
advance every 13 weeks for 52 weeks as long as the income ceiling is not exceeded.
Documents Required When income exceeds 24,226 euro: •
Applicant has to fill in the relevant Children’s Allowance form;
•
No income declaration is required;
When income is 24,226 euro or less: •
Applicant has to fill in the relevant Children’s Allowance form;
•
If applicant and/or spouse is/are employed, the FS3 for the previous year, duly signed by employer is required. If applicant and/or spouse has/have more than 1 employment, an FS3 for each employment, whether part-time or fulltime is required.
•
•
If applicant and/or spouse is/are selfemployed, a ‘Profit and Loss Account’ of the previous year should be presented. In the case of directors/company’s majority shareholders, the ‘Final Audited Accounts’ are required. When paid, copies of contribution receipts are also to be presented with the above documentation. The application should be submitted to the Department of Social Security even when Social Security contributions have not been paid. If applicant is availing himself/herself of unpaid or parental leave, if he/she has been separated or if he/she has resided abroad for a period of more than 3 months, documentation showing such circumstances should be presented.
11.2 Disabled Child (Article 77)
Allowance
Eligibility A child in any household in respect of whom Children’s Allowance or an Allowance in 27 Respect of a Child in Care is being paid shall also be eligible to a Disabled Child Allowance if the child is certified as suffering from: • • • •
Cerebral palsy; or A mental severe sub-normality; or 28 Is a severely disabled person; or Is a visually impaired person.
This Allowance is over and above the Children’s Allowance or Allowance in Respect of Child in Care. th
When the child reaches his/her 16 birthday th (14 birthday in the case of a visually impaired child) and for some reason fails to qualify for a Disability Pension or Pension for the Visually Impaired, he/she shall remain eligible to this Allowance if: •
He/she is not gainfully occupied; and
•
Is still undergoing full-time education or training in an educational institution; and
•
No form of remuneration or allowance (excluding any allowance payable under the Act) is being paid to him/her during such time.
Rate of Disabled Child Allowance The rate of Disabled Child Allowance is 16.31 euro per week per child
27
Criteria for Children’s Allowance or Allowance in Respect of Child in Care must be fulfilled. 28 A child will 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.
CHAPTER 318 - SOCIAL SECURITY ACT
26
Procedure and Documents Required Application must be filled in and handed to the Department of Social Security. It must be endorsed by a doctor to certify the child’s medical condition. Where available, supporting documents regarding the child’s medical condition should be submitted with the application. No documents in relation to income have to be submitted. The application must reach the Department within 6 months of birth of child.
MISCELLANEOUS
12 MISCELLANEOUS -‐
Duplicate Rights (Article 90);
-‐
Persons in Prison (Article 91);
-‐
Time and Manner of Making Claims (Article 97);
-‐
Payments (Article 98)
-‐
Repayment of Benefit, Pension, Allowance or Assistance Improperly Received (Article 102);
-‐
Recovery of Benefits in Respect of Injury caused Intentionally or through Negligence (Article 103);
Allowance, such an allowance shall, during the period of imprisonment, be paid to the head of household with whom the child/ren is/are living.
12.3 Time and Manner of Making Claims (Article 97) Manner of Making Claims Any person’s right to any pension, benefit, allowance, grant or assistance shall be on condition that: •
He/she makes a claim on the respective official form of the Department of Social Security and that this claim is officially received by the Department within the respective time-limits;
•
He/she produces certificates, documents, information and evidence for the purpose of determining his/her right to such pension, benefit, allowance, grant or assistance as may be required.
12.1 Duplicate Rights (Article 90) Unless provided otherwise, when a person is entitled to 2 pensions, allowances, benefits or assistance at the same time he/she shall not be entitled to both but shall be entitled to that pension, allowance, benefit or assistance which is more advantageous or which is payable at a higher rate. However, this does not apply in the case of Children’s Allowance and Medical Assistance. In other words, a person, if entitled to anyone of the above benefits, will always receive payment in respect of these benefits notwithstanding that he/she may be benefiting from any other benefit, assistance or allowance under the Act.
12.2 Persons in Prison (Article 91) A person shall be disqualified from receiving a pension, benefit, allowance or assistance for any period during which he/she is undergoing imprisonment or detention in pursuance of a sentence passed on conviction of an offence. However, if the person concerned would have been in receipt of Children’s
Time Limits •
Sickness and Injury Benefit: within 10 days starting from the first day of incapacity for work;
•
Unemployment, Special Unemployment Benefit, Social Assistance, Medical Assistance: 5 days starting from the day in respect of which the claim is made;
•
Children’s Allowance and Disabled Children’s Allowance: 6 months starting from the day on which the child is born, in respect of Children’s Allowance and Disabled Child Allowance;
If no claim is made for any of the above benefits, allowances or assistance within these time limits, entitlement shall only accrue as from the date on which the relevant claim has been officially received by the Department.
27
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28
If the person making a claim for any of the aforementioned pensions, benefits, allowances or assistance proves that any delay in having his/her claim officially received by the Department was not due to any negligence on his/her part, the Director General (Social Security) may, at his discretion, consider the claim as having been officially received in good time either: • •
If the delay does not exceed a period of 104 weeks; or In the case of a Disabled Child Allowance, if the delay was due to the time taken to process conclusive medical evidence of such disability.
A claim shall be deemed to have been officially received by the Department when it bears the official departmental stamp, which stamp shall include the date on which the claim has been so officially received by the Department. When a person is in any way disqualified from receiving any benefit, pension, allowance or assistance, he/she shall not become newly entitled to such benefit, pension, allowance or assistance unless he/she makes a fresh claim. For this purpose, the respective time limits shall take effect as from the date on which such disqualification ceases.
12.4 Payments (Article 98) When a person is entitled to any pension, benefit, allowance or assistance, payment shall be made: •
In arrears at such intervals as may, from time to time, be determined in the case of Sickness, Injury, Unemployment and Special Unemployment Benefits or Unemployment Assistance; or
•
In advance at such intervals (not longer than 5 weeks) as may, from time to time, be determined in the case of any pension, Social or Medical Assistance; or
•
In advance at such intervals (not longer than 14 weeks) as may, from time to time, be determined in the case of Children’s Allowance and Disabled Child Allowance; or
•
In advance at such intervals (not longer than 53 weeks) as may, from time to time, be determined in the case of a Fixed Children’s Allowance.
Any claim for the payment of any benefit, pension, allowance or assistance shall not be paid in arrears for a period exceeding 6 months if the assessment, reassessment or continued payment of such a claim was held back by the claimant for his/her failure to produce information and evidence that are required to determine his/her right to such benefit, pension, allowance or assistance. Where payment for any benefit, pension, assistance or allowance is not obtained by the beneficiary within 2 years from the date of the original cheque, the right for such benefit, pension, allowance or assistance will be lost.
12.5 Repayment of Benefit, Pension, Allowance or Assistance Improperly Received (Article 102) Any person who receives a benefit, pension, allowance or assistance to which he/she was not entitled to shall be liable to repay the sum received by him/her. The Director General (Social Security) shall recover such sum by means of deductions from any benefit, pension, allowance or assistance to which the person concerned becomes entitled to in the future.
MISCELLANEOUS Rate of Recovery by Means of Deductions from any Successive Benefit, Pension, Allowance or Assistance •
•
10% of the rate of any successive benefit, pension, allowance or assistance if the overpayment occurs as a result of the non-disclosure or misrepresentation of a material fact; 5% of the rate of any successive benefit, pension, allowance or assistance if the overpayment occurs as a result of any other eventuality. In this case, however, the Director General (Social Security) has no right to effect any such deduction if the overpayments have been made prior to 2 years going back from the date on which the Director became aware of such overpayment.
If a person is in receipt of any benefit, pension, allowance or assistance and has failed to pay any Class 2 Contributions which were due, or has paid a contribution at a rate which was not in accordance with the Act, the Director General (Social Security) may recover any amount due in respect of such contributions in the same way and at the same rate as provided in point number 1 above.
12.6 Recovery of Benefits in Respect of Injury caused Intentionally or through Negligence (Article 103) The Director has the right to claim the amount of any benefit paid: •
From any person, other than the beneficiary, where an injury in respect of which benefit is paid was caused intentionally or through the negligence of such person or by another person for whom he/she is responsible;
•
From any employer where the injury was caused on account of or through the non-compliance by himself/herself, or by another person for whom he/she is responsible, with any obligations imposed by the Health and Safety Authority Act.
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13 DETERMINATION OF CLAIMS 13.1 Determination (Article 106)
of
Appellant Such appeal may be made:
Claims
Every claim for benefit, pension, allowance or assistance shall be considered by the Director General (Social Security) who may: • • •
Allow the claim; Disallow the claim; Refer the claim to the Umpire.
13.2 Power (110)
to
Revise
•
It was given in ignorance of or was based on a mistake as to some material fact; or Since the date of the decision there has been a relevant change of circumstances.
13.3 Appeal to the Umpire (Article 108) The Minister may appoint 1 or more persons to serve as Umpires. An appeal shall lie thereto from any decision of the Director General (Social Security) on any question of law or principle of importance in connection with any claim for a benefit, pension, allowance or assistance. However, an appeal to the Umpire shall not lie if the claim for Injury Grant, Medical Assistance, Social Assistance and Disabled Child Allowance has been rejected by the Director following consultation on the medical aspects of the claim with a Medical Officer. In this case, however, the Director may revise his decision (see preceding section).
At the instance of any person aggrieved by the decision of the Director; or
•
By the actual widow/er or by the heirs of the person so aggrieved; or
•
At the instance of a trade union if the person so aggrieved is, or at the time of his/her death was, a member of that trade union.
The appeal must be made to the Umpire in writing within 30 days from the date on which the Director communicates his decision in writing to the claimant.
Decision
The Director General (Social Security), having given a decision on any claim, may review that decision if he is satisfied that: •
•
Hearing of Appeal If the Umpire decides to hear an appeal, reasonable notice of the time and place of the hearing shall be given to the claimant. At such hearing the claimant may appear personally or through a duly appointed representative. If the claimant, after being duly notified of the hearing, fails to appear at the hearing and does not give a reasonable explanation for his/her absence, the Umpire may proceed to determine the case or dismiss the appeal.
Procedure for the Determination of an Appeal This shall be determined by the Umpire due regard being had to the principles of justice and fairness.
13.4 Appeal from a Decision of the Umpire (Article 109) An appeal from a decision of the Umpire shall lie to the Court of Appeal (Inferior Jurisdiction) at the instance of any person,
DETERMINATION OF CLAIMS
31
including the Director General (Social Security), who was a party to the proceedings before the Umpire. Appellant Such an appeal may also be entered by the actual widow/er or the heirs of the person aggrieved if the latter dies between the date of the delivery of the decision of the Umpire and the time within which an appeal may be entered to the Court of Appeal.
Time within which to make an Appeal An appeal from a decision of the Umpire must be brought by means of an application within 30 days from the day on which the decision of the Umpire is communicated in writing by registered post to the parties.
Fees The fee for the filing of an application before the Court of Appeal is 11.65 euro.
13.5 Power to Revise (Article 110)
Decision
The Umpire, having given a decision on any claim, may review that decision if he is satisfied that: •
•
It was given in ignorance of or was based on a mistake as to some material fact; or Since the date of the decision there has been a relevant change of circumstances.
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14 ENFORCEMENT AND COMPLIANCE 14.1 Specific Offences Failure by Employer or Self-Employed Person to Pay Contributions (Article 116) If an employer or a self-employed or a selfoccupied person fails or neglects to pay 29 within the prescribed time any Class 1 or Class 2 Contributions, he/she shall be liable to pay a further contribution to the 30 Director. However, if a self-employed or self-occupied person proves that at the time when such contributions were due he/she was abroad or hospitalized, the prescribed st time limit shall be extended to the 31 day of his/her return to Malta or discharge from hospital. Misuse of Documents and Failure to Report Changes (Article 117) If any person, for the purposes of obtaining any payment under the Act, whether for himself/herself or for some other person or purpose: •
•
•
Knowingly or recklessly makes any false statement or false representation; or Produces or knowingly allows to be produced any document or information which he/she knows to be false in a material particular; or Fraudulently fails or omits to report to the Director (Social Security), before receiving any payment, any
29
Class 1 Contributions have to be paid in arrears at monthly intervals at the Department of Inland Revenue. Class 2 Contributions have to be paid in arrears at intervals of 4 months ending on the last day of April, August and December of each year at the Department of Inland Revenue. 30 For the purpose of Article 16 of the Act, Director means either Director General (Social Security) or the Commissioner of Inland Revenue or both.
change of circumstances which has or may have a material bearing on the amount or mode of giving such payment, … shall, on conviction, be liable to a fine or to imprisonment for a term of not less than 3 months but not exceeding 12 months or to both such fine and imprisonment. Moreover, if a self-employed person, in order to pay a Class 2 Contribution at a rate lower than that properly due: • •
Knowingly or recklessly makes any false statement or representation; or Produces or knowingly allows to be produced any document or information which he/she knows to be false in a material particular;
…… shall be liable, on conviction to a fine of not less than 1,164.69 euro but not more than 2,329.37 euro.
14.2 Limitation of Action (Article 122) Proceedings for an offence under the Act may be begun at any time within the period of 12 months from the date on which evidence sufficient for the prosecution of the offence comes to the Director’s knowledge or within the period of ten years, after the commission of the offence, whichever period last expires. Moreover, a certificate purporting to be signed by or on behalf of the Director as to the date on which such evidence came to his knowledge shall be conclusive evidence thereof. Here the word “Director” means Director General (Social Security) or Commissioner of Inland Revenue or both.
ENFORCEMENT AND COMPLIANCE
14.3 Civil Action Proceedings against Employer for Benefit Lost through Employer’s Default (Article 124) If any employer has failed or neglected: •
•
To pay any contributions which he/she is liable to pay in respect of any employed person in his/her employment; or To comply with requirements relating to the payment and collection of contributions;
….. and by reason thereof a person has lost, in whole or in part, any benefit, pension or allowance to which he/she would have been entitled, that person shall be entitled to recover from the employer as a civil debt a sum equal to the amount of the benefit, pension or allowance so lost, or such sum as the court may determine. Proceedings may be instituted notwithstanding that proceedings have already been taken under any other Article of the Act in respect of the same failure or neglect. Moreover, proceedings may be brought at any time within 2 years after the date on which the person is informed in writing by the Director of this nonentitlement to any benefit, pension or allowance claimed by him/her under the Act. The term ‘Director’ here means the Commissioner for Inland Revenue.
14.4 Unpaid Contributions may be Deemed as Paid in Cases where Employee has No Blame (Article 126) If a claim for a benefit, pension or allowance is made by an employed person then, for the purpose of establishing whether he/she has been in insurable employment during any period prior to his/her claim, any contributions due but not paid in his/her respect may be deemed to have been paid if the Director General (Social Security) is satisfied that such non-payment was not due to any fault or connivance on the part of the employed person concerned. However, such contributions shall, for all other purposes, be treated as unpaid.
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15 PERSONS WITH INTERNATIONAL PROTECTION OR OTHERWISE 15.1 Refugees By virtue of Subsidiary Legislation 318.16, persons with refugee status have equal rights as Maltese citizens under the Act and are, therefore, entitled to all the benefits and assistance to which Maltese citizens are entitled to. These include also those grants, allowances and pensions which refer only to Maltese citizens such as Marriage Grant, Supplementary Allowance, NonContributory Pension for the Visually Impaired and so on. However, like Maltese citizens, refugees must satisfy the established criteria for each benefit or assistance they apply for. Moreover, refugees are entitled to register for employment with ETC which, in turn, allows them to receive Unemployment Benefit/Assistance or Special Unemployment Benefit provided they fulfill other requirements. Lastly, refugees who are living in open centers are not entitled to certain benefits/assistance. These tend to be benefits/assistance that are means tested, such as Unemployment Assistance, Special Unemployment Benefit, Social Assistance and so on. The reasons for this nonentitlement is, perhaps, related to the difficulties involved in calculating the income of the household as well as the per diem allowance given to residents of such centers and the fact that certain utilities are provided free of charge at the open centers.
welfare benefits. Core welfare benefits have been interpreted to mean Social Assistance 31 and Unemployment Assistance. Unfortunately, current policy prohibits persons with SP from registering for employment with ETC. As a result, persons with SP are not able to receive 32 Unemployment Assistance in practice. Moreover, because core welfare benefits include only Social/Unemployment Assistance, other essential non-contributory benefits, such as those comprising Child Benefits and Medical Assistance, are not granted to persons with SP. Persons with SP are, however, eligible for contributory benefits if they are employed, paying social security contributions and satisfy the qualifying conditions. These include Sickness Benefit, Injury Benefit, Unemployment Benefit and Special Unemployment Benefit. Unfortunately, current policy prohibits persons with SP from registering for employment with ETC. Thus, in practice, Unemployment Benefit and Special Unemployment Benefit remain out of the reach of persons with SP even though they may satisfy the relevant contribution conditions. Persons with SP may possibly be entitled to Injury Grant/Pension since it can be considered as an offshoot of Injury Benefit as well as contributory pensions such as Widow’s Pension and Invalidity Pension if the required contribution conditions are satisfied. However, this has not been officially confirmed. Finally, if persons with SP are living in open centers, they would not be entitled to certain benefits/assistance. These tend to be benefits/assistance that are means tested such as Social Assistance. The reasons for
15.2 Persons with Protection
Subsidiary
According to Subsidiary Legislation 420.07, persons with SP are only entitled to core
31
It is possible that these also include Energy Benefit and Social Assistance for Single Parents. 32 Nevertheless, the Social Security Department are currently implementing a policy whereby persons with SP can apply for Social Assistance in lieu of Unemployment Assistance without having to prove that they are unfit for work.
PERSONS WITH INTERNATIONAL PROTECTION OR OTHERWISE this non-entitlement is, perhaps, related to the difficulties involved in calculating the income of the household as well as the per diem allowance paid to residents of such centers and the fact that certain utilities are provided free of charge at the open centers.
15.3 Persons with Temporary Humanitarian Protection (or THPN) Persons who enjoy THP status in Malta are entitled to the same benefits/assistance as people with SP according to a 2009 report by the national contact point in Malta for the European Migration Network entitled: The Practice in Malta Concerning the Granting of Non-EU Harmonized Protection Statuses. Thus, the information contained in the previous sub-section should, at least in theory, apply to persons with these two forms of protection. In any case, persons with THP or THPN status are eligible for contributory benefits if they are employed, paying social security contributions and satisfy the qualifying conditions. However, in practice, this is limited to those contributory benefits which do not require registration on the Unemployment Register since persons with THP or THPN status are also not entitled to register for employment with ETC.
15.4 Asylum Seekers and Rejected Asylum Seekers Asylum seekers and rejected asylum seekers are not entitled to any core welfare benefits but they will be entitled to contributory benefits if they are employed, paying social security contributions and satisfy the qualifying conditions. However, in practice, this is limited to those contributory benefits which do not require registration on the Unemployment Register since asylum seekers and rejected asylum seekers are also not entitled to register for employment with ETC.
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16 USEFUL CONTACT DETAILS Social Security Department 38, Triq L-Ordinanza Valletta - CMR 02 Tel: 21 222440
Social Policy Information Centre Tel: 159
Social Security District Offices MALTA Balzan District Office 153, Triq il-Kbira 25903600 Areas Covered: Balzan, Attard, Lija, Iklin B’Kara District Office Centru Civiku 25903610 Area Covered: B’Kara Fgura District Office Triq il-Kampanella 25903630 Areas Covered: Fgura Hamrun District Office 1, Triq l-Iskola 25903640 Areas Covered: Hamrun, Pieta’, Santa Venera Luqa District Office 89, Triq Pawlu Magri 25903650 Areas Covered: Luqa, Gudja, Mqabba Marsa District Office 84, Triq is-Salib 25903660 Area Covered: Marsa Mosta District Office Centru Civiku, Triq il-Parocca 25903670 Areas Covered: Mosta, Mgarr Msida District Office 174 / 175, Triq il-Wied 25903680 Areas Covered: Msida, Gzira Naxxar District Office Centru Civiku, Vjal il-21 ta' Settembru 25903700 Areas Covered: Naxxar, Gharghur, Bahar icCaghaq, Madliena
Paola District Office 5, Centru Civiku Pjazza Antoine De Paule, 25903710 Areas Covered: Paola, Tarxien, Santa Lucija Qawra District Office 'Kumpless Access', Triq il-Frejgatina 25903750 Areas Covered: San Pawl il-Bahar, Burmarrad, Mellieha, Manikata Qormi District Office 229, Triq il-Vitorja 25903720 Area Covered: Qormi Rabat District Office Centru Civiku, Triq San Kataldu 25903730 Areas Covered: Rabat, Mtarfa, Dingli San Gwann District Office c/o Ghassa tal-Pulizija, Triq in-Naxxar 25903740 Areas Covered: San Gwann, Kappara Siggiewi District Office Pjazza San Nikola 21467313 Areas Covered: Siggiewi Sliema District Office 101, Triq Sir Adrian Dingli 25903770 Areas Covered: Sliema, San Giljan, Tal’Ibragg, Swieqi, Pembroke Valletta District Office 'Kumpless Access', 72, Triq Melita 23953160 Areas Covered: Floriana, Valletta
USEFUL CONTACT DETAILS Vittoriosa District Office 'Kumpless Access', Triq San Dwardu 25903620 Areas Covered: Vittoriosa, Kalkara, Cospicua, Senglea Zabbar District Office Centru Civiku, Triq il-Kunvent 25903800 Areas Covered: Zabbar, Xghajra, Marsaskala Zebbug District Office Bini tal-Gvern, Blk 1, Flt 2, Triq Sciortino 25903810 Areas Covered: Zebbug Zejtun District Office 9, Triq il-Madonna tal-Hniena 25903820 Areas Covered: Zejtun, M’Xlokk, Birzebbuga, Hal Ghaxaq Zurrieq District Office 8, Triq Santa Katarina 25903833 Areas Covered: Zurrieq, Qrendi, Hal Kirkop, Hal Safi Service Extended to Local Councils Kunsill Lokali Gudja 88, Triq Raymond Caruana, Tel: 21664646 every Wednesday between 8.00am - 12.00pm Kunsill Lokali H’Attard 6, Triq il-Kbira, Tel: 21421697 every Tuesday between 8.00am - 12.00pm Kunsill Lokali Hal-Gharghur Triq San Nikola, Tel: 21414111, 27414111 every Wednesday between 8.30am - 12.30pm
Application forms as well as more updated information regarding social benefits and assistance may be obtained from the social security district office of one’s locality or from the following site: https://secure3.gov.mt/SOCIALPOLICY/Soc Prot/social_benefits/ss_overview.aspx
Kunsill Lokali Mellieha 126, Triq il-Mithna l-Gdida, (entrance from Triq il-Madonna ta’ Fatima) Tel: 21521666 Winter - every Friday between 8.00am 12.00pm & between 1.00 4.00pm Summer every Wednesday & Friday between 8.00am - 12.00pm Kunsill Lokali Pembroke Triq Alamein Tel: 21372111 every Thursday between 8.00am - 12.00pm Kunsill Lokali San Pawl il-Bahar Triq San Pawl, Tel: 21585888, 21585801, 21570869, 21570870 every Thursday between 8.00am - 12.00pm GOZO Nadur District Office 43, Triq il-Kappillan Areas Covered: Ghajnsielem, Nadur, Qala Victoria District Office Centru Amministrattiv, Pjazza San Frangisk Areas Covered: Fontana, gharb, Ghasri, Kercem, Munxar, San Lawrenz, Sannat, Victoria, Xaghra, Xewkija, Zebbug Service Extended to Local Councils Kunsill Lokali Gharb Triq il-Vizitazzjoni, Tel: 21560556 every Tuesday between 8.00am - 12.00pm Kunsill Lokali Xaghra Vjal 8 ta’ Settembru, Tel: 21563737 every Wednesday between 8.00am - 12.00pm
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17 SOURCES Legislation -‐
Procedural Standards in Examining Applications for Refugee Status Regulations 2008 (Subsidiary Legislation 420.07).
-‐
Social Security Act 1987.
-‐
Social Security (U.N. Convention Relating to the Status of Refugees) Order 2001 (Subsidiary Legislation 318.16).
Reports -‐
-‐
Rights
in
Malta’
National contact point in Malta for the European Migration Network,
‘The Practice in Malta Concerning the Granting of Non-EU Harmonized Protection Statuses’ (2009) http://mhas.gov.mt/en/MHASInformation/Documents/EMN/EMN%20 NonHarmonised%20forms%20of%20protec tion%20report%20-%20MT%20.pdf Other Sources -‐
Business First ‘Labour: Minimum Wage’: <http://www.businessfirst.com.mt/en/ planning/costs/labour>
-‐
Employment Corporation,
and
Training
‘Jobseekers and Employees’: <http://etc.gov.mt/jobseekersemployees.aspx> -‐
EURES Malta, ‘Working Conditions’: <https://www.eures.com.mt/Main/Pa ge.aspx?pageid=WorkingConditions >
-‐
-‐
European Commission,
Industrial and Employment Relations Department, ‘Leave’: <http://www.industrialrelations.gov.m t/industryportal/employment_conditio ns/leave1/vacation_leave1.aspx>
-‐
European Commission,
‘Your Social Security (December 2010)
‘Employment, Social Affairs and Inclusion’: <http://ec.europa.eu/social/main.jsp? catId=26&langId=en>
Ministry for the Family and Social Solidarity ‘Social Security’: https://secure3.gov.mt/socialpolicy/s ocial_benefits/ss_overview