ACT No. X of 1981 AN ACT /urther to ament! the National Assistance ACl, 1956.

I assent.

ANTON BUTTIGIEG

President

20th March, 1981

ACT No. X of 1981

AN ACT /urther to ament! the National Assistance ACl, 1956.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same. as foliows: -

(1) This Act may be cited as the National Assistance

(Amendment) i\ct, 1981, and shall be read and construed as one with

the National Assistance Act, J 956. hereinafter referred to as "the

principal Act".

(2)

This Act shaH have effect as from the 3rd day of January,

1981.

Subsection (l) of section 2 of [he pri nei pa l Act sha li be

amended as foHows

(a) immediately after the definition of "benefit" there shall be

inscrted the following new d efinitiol1

""child allowance" means the child allowance payable

under Part VIJr of the National Insurance Act, 1956;" and

(b) in the proviso to the definiti on of " household" the words

"inslitutional relief and" shaH be deleted.

Section -4 of the principal Act shall be arnendecl as fo11ows

(a) for paragraph (b) of subsec tion (l) thereof there shall be

substi t uted the fol1owing

"(b) the aggregate capital value of the property of all

members of the household does nOL exceed two thousand t\'.;o

hundred pounds. For the purposes of this paragraph -

(i) the capital value of the house of residence shall

be exc1uded where the house was not acquired by an

onerous titlc within the period of twelve months imrne-

diately preceding the cJate of the claim; and

(i i) the capital val ue of any urban immovable pro-

perty shall be excluded where the income received there-

from does Dat excecd in the aggregate f 40 per annum,

and where such income exceeds f40 per annum the capital

value shalI be taken as eql1ivalent to the amount resuiting

from the capitalization of such ex cess at five per centum.";

and

(b) immedia tely after subsecLion (2) thereof there shall be

i.ldded the folJowing new su bsection

"(3) Where a head of household would, but for anv of

the provisions of sub·paragraphs (i) to (iv) of paragraph (b) of

the proviso to subseetion (I) of this seetion, have been entitled

to social assistanee under this Act, and any of the said provi-

sions has come inl0 opera tion for 3 cause referable to such

head of a housebold" the Director shall refer the matter to the

Board estctblished lmder seclion 22A of this Act, and if the

Board shaH determine that social assistance is due to any

person on beha lf of that ho usehold as provided in section 22B

of this Acl, then the person so designated by the Board shall

becomc entitled to social assista nee at sHeh rate as the Board

may, in accordance with the provisions of the said section 22B,

determine. " .

Paragraph li) of the provlso to seetion 6 of the principal Act

shall !:le deleted .

Immedia tely after seetion 6 of t he principal Act there shaH be

inserted the foJlowing new seetion

(l) In this seelion "bonus" means a payment, at

the rate of f50 every six months, falling due during the

months of June and Deeember.

5ubject to the provisions of this section, any

head of ,1 househo ld who on any day in any one month of

June or D ecember is entitled to receive social assista nee

under th is Act, shall aIso be entitled to r eeeive the bonus

faUing due d uring that month.

~3)

T he bonus to which th is section applies sha11

not be duc where the he;ld of a household or his spouse

(bein g amember of the household) is el1titled to receive the

bonu s falling clue in the same lllonth, under the provisions of Act xxv of

the Old Age Pel1sions Act, 1948, or under the National l nsur- 1948

anceAct, 1956.

{4} The bonus payable to the head of a household

undGf thit; seclion shall be abated by the amount of any bonus

which such head of a housebold is cntitled to receive from a ny

employer in accordance with the Conditions of Employment

(Regulation) Ad, 1952 in respect of any part of the six month

Act Xl of

period ending on the last day of June or December, when the

bonus payable under this section faHs cIue, as the case may be.

The provisions of subseetion (3) of seetion 13

(S)

and of sections 14, ·15, J 6, 22 and 26 of this Act shaH apply

to the bonus paya ble under this section as if the references

therein to "assistance" werc references to "bonus".".

6. Paragraph (e) of section 7 of the principal Act shall be

Section 8 of the principal Act shall be amended as folIows

(a) for paragraph (c) of subsection (1) thereof there shall

be substituted the fol1owing

"(c) the aggregate capital value of the property of all

members of the household does not exceed two thousand two

hundred pounds. For the purposes of this paragraph -

(i) the capital value of the · house of residence

shall be exc1uded where the house was not acquired by

an onerous title within the period of twelve months

immediately preceding the date of the claim; and

(ii) the capital value of any urban immovable

property shalI be exc1uded where the income received

therefrom does not exceed in the aggregate1:40 per

annum, and where such income exceeds 1:40 per annum,

the capital value shall be taken as equivalent to the

amount resulting from the capitalization of such excess

at five per centum;";

(b)

subsection (5) thereof shall be deleted, and

(c) for paragraph (c) of subsection (6) thereof there shall be

substituted the following

"(c) the aggregate capital value of the property of all

members of the household does not exceed two thousand two

hundred pounds. For the purposes of this paragraph -

(i) the capital value of the house of residence shall

be excluded where the house was not acquired by an

onerous tit1e within the period of twelve months imme-

diately preceding the date of the c1aim; and

(ii) the capital value of any urban immovable

property shall be exc1uded where the income received

therefrom does not exceed in the aggregate1:40 per

annum, and where such income exceeds 1:40 per annum,

the capital value shall be taken as equivalent to the

amount resulting from the capitalization of such excess

at five per centum;".

Subsection (3) of section 9 of the principal Act shall be

In subsection (3) of section 13 of the principal Act, for the

words "within a week" there shall be substituted the words "within

two months".

Immediately after section 22 of the principa1 Act there shall

be inserted the fol1owing new sections

(1) There shall be established a Board, to be

Assistance known as the Social Assistance Board, consisting of the

Director or his representative as Chairman and not less than

three other members appointed by the Minister, of whom two

shall be members of the House of Reoresentatives, one from

eacħ side of the House, and one repres'enting the organization

of workers in Malta having the largest number of members.

(2) The members appointed by the Minister sħall

hold office for a period not exceeding one year, but shall be

eligible for re-a ppointment.

(3) The Minister shall also appoint a Secretary to

the Board who wilI not be a member.

~4) The quorum shall be half the total number of

the persons comprising the Board.

(5) Subject to the provisions of this section, the

Board shall regulate its own proeedure.

(l) The functions of the Board shall be to

examine the cases referred to it by the Director under sub-

section (3) of section 4 of this Aet, and to determine whether,

in the particular circul11stances of each case, social assistance

should-be paid in respect of the household eoncerned, and

where the Board has determined that sueh assistanee is pay-

able, to establish the amount of sueh assistanee and to

desigllJ te the person to whom, in the best interests of the

household, payment of sLleh assistance sha11 be made.

(2) It sh,:.l1 be the duty of the Board to treat eaeh

case with the utmost urgency and to arrive at a deeision in

the shortest possible time.

(3) For the discharge of its functions under this

Act the Board shaH be empowered

(a) to reguire any perSOll to appear before it to

give inform"tion under oath Of affirmation;

to require any person to produee before it any

(b)

books or other documents.

The oath shall be administered by the Chairman.

(4) The weekJy amount of social assistance which

the Board may 3uthorise under this section shall not exceed

the amount to which the head of a household wouId, but for

any of the provisions of sub-paragraphs (i) to (iv) of para-

graph (b) of the proviso to subsecticn (l) of section 4 of this

Act, have been entitled under this Aet, sa howeyer that no

aecount shall be takell of the head of a household in deter-

mining the number of persons in that household for the pur-

posesof. paragraph one of the First Sehedule to this Act.

(5)

Any deeision taken by the Board under this

seċtiou shall befinal and conclusivc." .

to . the principal Act there shall be Substitution

11. For the First Schedule

of the

substituteĊl the foIIowinġ: ' .

First Schedule

to the

principal Act.

"FIRST SCHEDULE

Scale Rate of Social Assistance

Sections 4, 6, 22B

Paragraph One

-_

-- -

~_ .-

i

Number of

Where

Where

Where

Where

members in

a child

a child

a child

a child

allowance

allowance

allowance

household

allowanl:<:'

is payable

is payable

is payable

is not

payablc

in respect

in respect

in respect

in respect

of one child

of two

of three

children

children

of any child

f

.f

-

-

13.05

f

---

13.60

15.30

f

14.50

17.45

15.75

16.50

15.75

19.45

17.75

18.45

17.70

21.40

19.70

more

------~

Paragraph Two

The above scale rate shall be increased by 50c per week if the

household is paying rent for its norma! place of habitation

Provided that wh~re more than one houschold live within the

same prcmises, the rent allowance shall be paid only once and shall

be paid to the head of household responsible for the payment of

such rent to third parties.

The ground rent payab!e by the household in respect of

premises which are he!d in emphyteusis for a period not exceeding

twenty-five years shall be deemed to be the house rent for the

purposes of this paragraph if such premises are used exclusively by

the household and sole!y as residence.".

12. Paragraph l of the Second Schedule to the principal Act shall

be amended as fol1ows

(a) in sub-paragraph (I) thereof -

(i) for the proviso to item (a) thereof there shall be sub-

stituted the following

"Provided that -

(i) any sueh property, not being urban immovable

property, shall, so far as its aggregate capital value does

not exceed one hundred pounds, be disregarded, and, so

far as its aggregate capital value exceeds one hundred

pounds, be treated as producing an annual income equi-

valent to 5 per cent of its capital value or to the income

actual1y derived from the property, whichever is the

greater; and urban immovable property shaB be taken as

producing the income actually derived therefrom or

where DO income is being derived therefrom, the income

which could be derived therefrom;

(ii) no account sha1l be taken of any furniture,

jewellery, or other personal effects, except in so far as

the owner of such property might reasonably be expected

to sell it having regard to its value and the household's

need of social assistance; and

(iii) the weekly value of the hO:.Ise of residence

shall be taken as equivalent to fl; sa however that where

the capital value of such house of residence is not

excluded in terms of paragraph (b) of subsection (1) of

section 4 of this Act, such weekly value shall be taken as

equivalent to fl or to the income which could be derived

therefrom, whichever is the higher;";

(iD in paragraph (i) of the pmviso to item (b) thereof,

the words "other than leprosy assistance" shall be deleted;

(iii) for paragraph (v) of the proviso to item (b) thereof

there shall be substituted the following

" (v) any allowance under Part VIII and any bene-

fit under Part X of the National Insurance Act, 1956;";

(iv) in i.tem (e) thereof, for ,the words "one-half" there

shall be substituted the words "one-third";

(v) for item (f) thereof there shall be substituted the

following

"(f) one-third of the weekly value of any benefit

or other privilege enjoyed by any member of the household

other than the head of household and if the head of

household is the husband, his wife."; and

(vi) immediately after item (f) thereof there shall be

added the following new Hem

"(g) the weekly value of any benefit or other privi-

lege enjoyed by the head of a household and his wife.";

and

(b) for sub-paragraph (4) thereof there shall be substituted

the following

"(4) For the purposes of this paragraph, the words

"wage", "salary" and "earnings" mean the total wage, salary

or earnings less -

(a) any payments made by the person concerned

by way of -

(i) income tax under the Income Tax Act, 1948,

and

(ii) national insurance contributions under the

National Insurance Act, 1956; and

(b) any expenses incurred for travel1ing to and from

the place of work.".

13. In Part II of the Third Schedule to the principal Act, the Amendment

of the

words "5. Pregnancy - the last twelve weeks preceding childbirth" Third

shall be deleted.

to the

principal Act.

14. For the Fourth Schedule 10 the principal Act there shall be

substituted the folIowing

"FOURTH SCHEDULE

Section 8

Scale Rates of Means Go-verning Sickness Assistance

Numher of Persons

Scale Ratc

in househoJdl

f

8.00

10.00

12.00

14.00

5 or more

16.00".

15. For the Fifth Schedule to the principal Act there shall be

sllbstihlted the following

"FIFTH SCHED ULE

Sections 8. 9

Scale Rates -o f Mean§ Goveming ·Medical Aids Grant

Seah: Rale

Number of Persons

in hous-e ho-ld

f

20.00

22.50

25. 00

27. 50

50

5 jew iżjed

00".

5 or more

16. For the Sixth Sehedule to the principal Act there shall be

substituted the following

"SIXTH SCHEDULE

Section 9

Amoamts :of Sickness A~"'Sis~ance, Min\. Grant,Leprosy As~:istance

and T~]berculosis Assistance

PART I

Sickness Assistance, Milk Grant ([nd Leprosy Assistance

Weekly Rate

f

l.

Sickness Assistance--

(i) in respect of the first member of the

household

3.45

Weekly Rate

f

in respect of any other member of the

(ii)

same household

1.40

Milk Grant

.. .

2.

2.00

Leprosy Assistance

3. (i) in respect .of the head of household

who is a leper

6.60

~ii) in respect of every other member of

the household wllo is a leper and not gainfully

occupi.e d -

(a)

if under 16 years of age ...

2.00

.if 16 years of ·age or over

(b)

6.60

(iii) in respect of any other member of the

household who is not gainfully occupied

.

2.00

PART IJ

Tuberculosis Assistance

l. Basic amount of tubereulosis assistance

payable in respect of a household one member of

which is affected by tubercuJosis

4.40

2. Allowance payable in respect of each addi-

tional member of the household affected by or

particu1ar1y vulnerable to tubereulosis

0.95".

17. The Seventh Schedule to the principal Act shall be amended

Amendment

(a) in the Title thereof, for the words "Sickness Assistance,

to the

Institutional ReJief" there shall be substituted the words "Sickness

Assistance";

(b) sub-paragraph (l) of paragraph l thereof shall be

amended as follows

(i) for the proviso to item (a) thereof there shall be sub-

stituted the following

"provided that -

{i) any sueh property, not being urban immovable

:eroperty, shall, so far as its aggregate capita1 value does

not exceed one hundred pounds, be disregarded; and, so

far as its aggregate capital value exceeqs one hundred

pounds, be treated as producing an ammal income equi-

valent to 5 per cent of its capital value or to the income

actually derived from the property, whichever is the

greater; and urban immovable prope.rty shall be taken as

producing the income actually derived therefrom, or

where no income is being derived therefrom, the income

which could be derived therefrom;

(ii) no account shall be taken of any furniture,

jewellery, or other personal effects, except in so far as the

owner of such property might reasonably be expected to

sell it having regard to its value and the household's need

of social assistance; and

(iii) no account shall be taken of the weekly value

of the house of residence where the house has not been

acquired by an onerous title within the period of twelve

months immediately preceding the date of claim;";

(ii) in paragraph (i) of the proviso to item (b) thereof,

the words "other than leprosy assistance" shalI be deleted;

(iii) for paragraph (iv) of the proviso to item (b) there of

there shall be substituted the following

"(iv) any allowance under Par t VIII and any

benefit under Part X of the National Insurance Act,

1956;";

(iv) in sub-paragraph (e) of paragraph (vi) of the pro-

viso to item (b) thereof, for the words "who was in receipt of

sickness assistance at any time during December 1979"

there shall be substituted the words "who was uninterrupt-

edly in receipt of sickness assistance since the 31st day of

December of the year 1979";

(v) in item (e) thereof, for the words "one-half" there

shall be substituted the words "one-third";

(vi)

item (f) thereof shall be deleted;

(vii) for item (g) thereof there shall be substituted the

following

"(g) one-third of the weekly value of any benefit

or other privilege enjoyed by any member of the house-

hold other than the head of household and, if the head

of household is the husband, his wife;"; and

(viii) immediately after item (g) thereof there shall be

added the following new item

"(h) the weekly value of any benefit or other pri-

vilege enjoyed by the head of a household and his

wife."; and

(c) for sub-paragraph (3) thereof there shall be substituted

the following

"(3) For the purposes of this paragraph, the words

"wage", "salary" and "earnings" mean the total wage, salary

or earnings less -

(a) any payments made by the person concerned by

way of -

(i) income tax under the !ncome Tax Act,

1948, and

A

(iD national insurance contributions under the

National Insurance Act, 1956; and

(b) any expenses incurred for travelling to and

from the place of work.".

Passed by the House of Representatives at Sitting No. 481 of the 18th March,

1981. C.AGIUS

Speaker

C. MIFSUD

Clerk to the House of Representatives

Publ/shed by the Department of Information

P,infed at the C.D .S. -

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