ACT No. XII of 1981 AN ACT further to amend the National Insurance Act, 1956.

I assent.

(L.S.)

ANTON BUTTIGIEG

President

24th Apri), 1981

ACT No. XII of 1981

AN ACT further to amend the National Insurance Act, 1956.

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

consent of the House of Representatives, i n this present Parliament

a ssembled , and by the authority of the same, as follows:-

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

(Amendmcnt) Act, 1981, and shall be read and construed as one with

the National Insurance Act, 1956. hereinafter referred to as "the

principal Act".

(2)

The following provisio:ns of this Act shaH have effect as

fol1ows

(a)

sections 2, 10 to 13, 14 (with the exception of paragraph

(a) thereof), 15, 16_ 19, 24 to 33, 36 to 39 and 41 as from the 3rd

day of January, 1981;

(b) s e ct i on s 3 to 6, 8, 9, 18, 20, 21. 23, 34, 35 and 40 as

from the 5th day of January, 1981.

Sectioll 2 of the principal Act shall be amended as fol1ows

(a) in subsection (1 ) thereof, for paragraph (b) of the defi­

n iti on of "pensionable i:ncome" and the two provisos to the said

definition, there shall be substituted the following

"(b) in the case of a person who is to be treated as a

self-employed person, the year1y average of his net income

during the last ten calendar years precedil1g his retirement;

such net income beiug takeu ---

(i) in respect of any pcriod up to the 31 st da)' of

December, 1978 -

during which he was liable to pay a class

(a)

two or c1ass three contribution, as the net income

on which sueh contribution was payable; and

(b)

during which he was 1iable to pay a class

one eontribution, as the wage or salary on which

sueh eontribution was p a yab1 e ;

and for the purposes of this sub-paragraph, the amount

to be taken as the net income for eaeh year shall not

exeeed the amount aceepted by the Commissioner of

Inland Revenue for the purposes of the Ineome Tax Aet,

1948, as the net income for that year; and for every

eomp1eted calendar year during which such person was

gainfully occupied after attaining the age of fifty-one

years, the net income for that year shall be increased by

the applicable wage increases required by law to be

awarded generally in respect of each subsequent year up

to the date of re ti r e men t ; and

in respect of any period after the 31 st day of

(ii)

December, 1978 -

during which he was liable to pay a class

(a)

two contribution, as the amount which, calcu1ated

on the basis of the figure appearing at the time of his

retirement under the Third Column of Part 11 of the

Second Schedule to this Act against the ca tegory of

contribution payable by him, represents the pen­

sionable income for the period during which sueh

eategory of contribution was payable, and for the

purposes of this Hem -

(i) a eontribution payable in respeet of

the year 1979 at the 10wer of the two rates ap­

plieable during that year shall be deemed to be

a contribution at the SA category;

(ii)

a eontribution payab1e in respect of

the year 1979 at the higher of the two rates

then applicable shall be deemed to be a contri­

bution at the SB category, and

(iiD a eontribution payable in respect of

the year 1980 at the Full Rate eategory shall be

deemed to be a eontribution at the SE cate­

gory; and

(b)

during which he was liable to pay a class

one eontribution, as the wage or salary on which

sueh contribution way payable, increased by the ap­

plieable wage inereases required by law to be

awarded generally in respect of each subsequent

year up to the date of retirement

Provided that the amount to be taken as the net

income for the purposes of item (a) of sub-paragraph (i)

and item (a) of sub-paragraph (ii) of paragraph (b) of

this definition, in respect of any year (or part thereof)

falling within any period to which the said sub-para­

graphs refer during which a self-emp10yed person was

liable to pay a class two or class three contribution, shall

be multiplied by the proportion that the total number of

class two or class three contributions paid or credited in

respeet of such year bears to the total number of such

contributions due in respect of that year, and the result

of such multiplication shall be his net income for that

year 01' the part thereof as the case may be

Provided fllrther that the provlsl0ns of paragraph

(b) o f this definitiol1 shall apply to any person whose

retirement occurs after the 1 1th January, 1982, and

that in the case of a person who retires before the said

date the provisions of paragraph (b) of this definition as

on the 2nd January, 1981 sh a ll apply

Provided further that the pensionable income or

any amount substituted therefor under the provisions of

subsection (l1) of section 17 and subsection (4) of sec­

tion 96 of this Act. shall not exceed such amount as the

Minister may. with the concurrence of the Minister res­

ponsible for finance, by order in the Gazette from time

to time determine;

and for the purposes of establishing the net income of a person,

the Director may require him to produce his income tax returns

and assessments;"; and

(b)

in subsection (l) thereof, for the first proviso to the defi­

nition of "r e t i r e m e n t " ther«:: shalI be substituted the following

"Provided that in respect of a person over pensionable

age who is disqualified from receiving a pension under sub­

section ( lA) of section 17 or subsection ( l ) of section 90 of

this Act, retirement rneal1S the clate on which he ceases to be

so disqualified or on which he reaches the age of 65 years,

whichever is the earlier:"; and

(C) for the proviso to subsection (4) thereof there shall be

substituted the following

"Provided that a person who. in accordance with this

subsection is to be treated as a self-employed person shall, if

it is to his advantage, be treated as an employed person if

immediately before attaining the age of 51 years he was an

employed person for 110t less than twenty years and has con­

tinued to be employed for any period after the age of 51

years, and has not thereafter become gainfully occupied as a

self-employed person.".

Section 4A of the pri nc ipal Act shall be amended as fol1ows

(a)

in paragraph (d) thereof the words "invalidity pensioll,"

shalI be deleted;

in paragraph (g) there of, for the words "whichever shall

(b)

be applicab1e." there shall be substituted the words "whichever

shalI be applicable; or"; and

(c) immediately after paragraph (g) thereof there sha11 be

inserted the following new paragraphs

"(h)

is in receipt, or would have been in rec'eipt,

the provisions of sub-paragraph (i) of paragraph (a) of the

proviso to subsection (1) of section 16A of this Act. of an

invalidity pension; or

(i) a person who was born before the 1st day of Jan­

uary, 1927, and who, prior to the 1st day of April, 1978, was

not liable to pay a contribution under this Act, and who at

any time after the said 1st day of April, 1978, was not gain­

fully occupied. ".

In subsection (2) of section 5 of the principal Act, for the

sect on 5 of the words "in the second column of that Part" there shall be substituted the

words "in the third column of that Part",

Section 5A of the principal Act shall be amended as follows

(a) for the first proviso to subsection (1) thereof there shall

be substituted the following

"Provided that a self-employed person who satisfies the

Director that -

(a) he is not gainfully occupied or, although gain­

fully occupied his eamings do not exceed 1::250 per annum,

and

�b) his yearly means, calculated in accordance

with the provisions of the Eighth Schedule to this Act do

not exceed ;[630 in the case of a married man who is

wholly maintaining his wife or ;[430 in the case of any

other person,

shall be entitIed, on making an application to the Director,

to receive a certificate of low income va1id for twelve rnonths

and, while he ho1ds such certificate and as long as there is no

relevant change of circumstances, he shall not be liable to pay

the said contribution:";

(b) for subsection (3) thereof there shall be substituted the

following

"(3) Subject to the p r o v i s i on s of this Act, the weekly

rate of class two contributions payab1e under this section by

an insured person of any of the categories set out in th e first

column of Part II of the Second Schedule to this Ac t shall be

the rate set out for that category in the second column of that

Part

Provided that payment of the class two contribution at

the ra te of any but the 1ast listed one of the categories set out

in the first co1umn of the said Part II shall only be effected

by an insured person at his option and if he proves to the

satisfaction of the Director that his total net income does not

exceed the figure appearing in the third column of the said

Part II against the applicable category

Provided further that for the purposes of this Act, where

a person has requested and is allowed to pay a c1ass two con­

tribution at the rate of any but the last listed one of the

categories set out in the first column of the said Part II ħe

may not, except as provided in paragraphs (a) and (b) of this

proviso. change his category: sohowever that

-

(a) with effect from the 1st day of January, 1983

and at intervals of not 1ess than two years thereafter, he

ma y at his request change his category to the next cate­

gory for which a higher rate of contribution is shown in

the second co1umn of the said Part lI. if he satisfies the

D i r e ctor that his net income is not less than the figure

appearing under the third column of the said Part II

against the category to which t h e request refers; and

(b) at any time. he may at his request change his

category to any other category for which a lower rate of

contributiou is shown in the second colurn of the said

Par t lI, if he satisfies the Di re c t o r that his n et income

does not exceed the figure appearing under the third·

c ol u m n of the said Part II against the category to which

the request refers;

and for the purposes of these provisos -

(i) where a person has been allowed to pay a c1ass

two contribution at the rate of any but the 1ast listed one

of the categories set out in the first co1umn of the said

Par t II or has been allowed to change his category, the

rate of contribution appropriate to his new category shall

be payable with effect from the date of his request Of

from such ear1ier date as the Director may determine; and

(ii) where an insured person is not gainfully occu­

pied, any pension sha11 not be deemed to form part of his

total net income;"; and

subsection (5) thereof shal1 be deleted.

(c)

In subsection (1) of section 5C of the principal Act for the

words "with effect from the date of an application to the Director,"

there shall be substituted the words "at his request and with effect from

such date, not being later than the date of such request, as the Director

may determine,".

Immediately after section 5C of the principal Act there shall

be inserted the following new seetion

"5D. (1) A self-employed person who is liable to pay a

class two cantribution under the provisions of this Aet other than

those of seetion 5B, and who is engaged by another person to per­

form serviee as an outworker or as a tourist guide, shall be entit1ed

to receive from sueh person, in addition to the remuneration due to

him under the terms of his engagement, an amount corresponding

to one-sixteenth of the remuneration agreed. upon for such services,

towards the payment of c1ass two eontributians payable under this

Aet by such self-employed person

Provided that the amount payable under this section, whether

by one person or more, to such self-employed person during any

period of four months ending on the last Monday of April, August

or December, shall not exceed in the aggregate one-half of the c1ass

two contributions payable under this Act by such self-employed

person in respect of the same period of four months.

(2) For the purposes of this section, "outworker"

means a person engaged to perform services in the physical manu­

facture of any artic1e, remunerated at pieee rates, in his own time

and in a place not provided by the person with whom he is so

engaged.".

Section 8 of the principal Act shall be amendecl as fol1ows

the proviso to subsection (1) thereof shall be deleted; and

(a)

(b) in paragraph (d) of subseetion (4) thereof, immediately

after the words "under section SA" there shall be inserted the

words "or under seetion 5B of this Act".

Section 9 of the principal Act shall be amended as follows

in subsection (2) there of -

(a)

(i) the words "or inva1idity pension," in paragraph (a)

thereof shall be deleted;

(li) for the words "a national minimum pension; and"

in paragraph (a) thereof there shall be substituted the words

"a national mlnimum pension;";

(iiD

immediately after paragraph (b) there of there shall

be inserted the following new paragraph

"(c)

for any contributioll week for each day of

which he is entitled, or would but for the provisions of

sub-paragraph (i) of paragraph (a) of the proviso to sub­

section ( l ) of section 16A of this Act have been entitled,

to an invalidity pension;";

(iv)

for the words "a contribution is payable by or in

respect of him under section five or under section five A" in

the proviso thereto, there shall be substituted the words "a

c1ass one or class two contribution is payable by or in respect

of him under this Act."; and

in paragraph (a) of subsection (3) thereof -

(b)

(i)

the words "an invalidity pension or" in sub-para­

gra ph (i i) thereof shall be deleted;

for the words "the first day of that week;" in sub­

(ii)

paragraph (iiD thereof there shall be substituted the words

"the first day of that week; or"; and

(iii)

immediately after sub-paragraph (iii) there shall be

inserted the following new sub-paragraph

"(iv)

is entitled, or would but for the provisions of

sub-paragraph (i) of p a r a g r aph (a) of the proviso to sub­

section ( l) of section 16A of this Act have been entitled,

to all invalidity pension;".

Section 10 of the principal Act shall be amended as follows

Amendment

of section 10

(a) in paragraph (b) of subsection (2) thereof. the words "a

of the

marriage grant' , shall be deleted;

principal Act.

(b) in subsection (3) thereof, for the figures "±:l431" there

shall be substituted the figures "f1640", and

subsection (4) thereof shall be deleted.

(c)

For section 1 l of the principal Act there shall be substituted

Substitutioll

the following

of section 11

of the

" 1 i. (1) Subject to the provisions of this Act, an insured

principal Act.

person who marries and who. on the date of his marriage, has paid

not less than twenty-six contributions under this Act and is ordinar­

ily resident in Malta, sha li be entitled, by giving notice in writing

to the Director, to receive a marriage grant.

(2) Whether a marriage grant is paid or not, no

account sha11 be taken of any contributions paid by a woman be­

fore the date of her marriage, on any c1aim for sickness, unemploy­

ment of special unemployment benefit made subsequently to that

date.".

Section 16 of the principal Act shall be amended as follows

Amendment

of section 16

(a) in subsection ( lA) thereof, the words "retirement pen­

of the

sion 01' increased retirement pension or", wherever they occur, shall

principal Act.

be deleted;

(b) immediately after subsection (IA) thereof there shall be

added the following new subsectioll

"(lC) A widow's pension payable under this section to

a person over the age of sixty years shall be at the rate of

a national minimum pension calculated on the basis of the

yearly average of contributiolls ascertained in connection with

her claim for a widow's pension

Provided that, without prejudice to the provisions of sub­

section ( lA) of this section, if such a widow is entitled to a

pension from a former employer of her la te husband which

is in any way related to the employmcnt of her late husband,

the difference between the rate of widow's pension and that

of the national minimum pension shall be abated by the

amount of the pension to which she is entitled from such em­

ployer;"; and

(c) in subsection (4A) thereof, for the words "of her late

husband." there shall be substituted the words "of her late hus­

band; and where a widow is awarded 3. gratuity from a fonner em­

ployer of her late husband which is in any way related to the em­

ployment of her late husband, such gratuity shall, for the purposes

of this subsection, be deemed to be a yearly pension amounting to

five per centum of the said gratuity.".

(d) immediately after subsection

(5) there of there shall be

added the following new subsections

"(6) A widow who is entitled to a widow's pension in

accordance with t11is section and is not disqualified by the pro­

visions of section 17B of this Act and whose husband (herein­

after referred to as "the deceased pensioner") was at the time

of his death -- occurring after the 21st day of January, 1979

entitled to a pension under section 17 of this Act or would

-

have been so entitled but for the provisions of paragraph (j)

of subsection (3) thereof, and who is not herself --

(i)

entitled to a survlvor's pension under section

100 of this Act, or

(ii) entitled to a supplementary pension under sub­

section (4) of this section, or

(iii) in receipt of a pension from an employer of

the deceased pensioner which is in any way related to the

employment of the deceased pensioner,

shall be entitled to an increase in the rate of her pension sub­

ject to and in accordance with the following provisions of this

subsection

(a) where the deceased pensioner was treatecl as

an employed person, the rate of pcnsion payable to her

shall be increased by the applicable amount shown under

Part II of the Ninth Schedule to this Act or by such part

thereof as shall ensure that her ra te of pension increased

as aforesaid does not exceed four-l1inths of -

(i) the current wage or salary of the post

occupied by the deceased pensioner immediately be­

fore his retirement or of the post on which his SC1"­

vice pension, if any, was awarded. whichever is the

higher, where the retirement of the dec:;ased pension­

er had occurred before the 22nd January, 1979;

(ii) the pensionable income of the deceased

pensioner where his retirement occurred after the 21st

January, 1979;

(b)

where the deceased pensioner was treated as a

self-emp 1 0yed person, the rate of p e nsion payable to her

shaH b e increased by the a ppli c a b l e amount shown under

Part II of the Ninth S c h e d ule to this Act, sohowever that

her rate of pension increasecl as aforcsaid shall not exceed

two-thirds of th e married rate of pel1sion to which the

deceased pensioner wouId h ave been entit1ed but for his

death ;

(c) for the purposes of paragraph {a) of this sub­

section -

(i) the "current wagc or salary" referred to

in sub-paragr a ph (i) thereof shall be taken to be that

current on the first Saturday of the year in respect

of which any payment under this section falls due;

(iD the "pensionable incomc" referred to in

sub-paragraph (iD t h e r e of shall be substituted, with

effect from the first Saturday of the year in respect

of which any payment under this subsection falls

due in the manner provided by su b- p a ragraph (a) of

paragraph (ij) of subsection ( 11) and by the first pro­

viso to the said subsection of section 17 of thi s Act;

and

(iii) the proportion of four-ninths referred to

therei n shall, where th e yearly average of contribu­

tions as ce rtained in connection with the 'Nidow's

clairn for a wi d o w s pension is less than fifty, be mul·

'

tip1ied by the proport i on that such yearly average

bears to fifty and the resu1t of such multiplication

shal1 substitut e the said proportio n of four-ninths.".

In sub-paragraph (e) of the proviso to subsection (1) of section

Amendmcmt

of section 16A

16A of th� principal Act, imm e d iately aft(�r the words "sub-paragraphs

of the

(i), (ii) and ( ii i ) the;-e shall be ins e r t e d the words "of paragraph (a)"

"

principal Act

and for the words "first proviso" there shall be substituted the words

S e c t i on 17 of the principal Act shall be amended as foHows

Amendment

of section 17

(a) for subs e ction ( 1 ) t hereof there shall be substituted the

of the

principal Act

"(1) Subject to the provisions of this Act an insured per­

son shall be ent i tle d to a retirement p e nsion or i n cre a sed retire­

ment pension or n a tional mini1l1ul11 pension with effect from

the date of his retirement if -

(a) on th e date of his retirement he satisfies the rele­

vant contribution conditions; and

(b) he makes a clai1l1 th e refor within six months

of such date

Provided that if he does not 1l1ake a c1aim within six

months of his retirement the pension shall be payabl e with

effect from the day on which the c1aim is made.";

(b) for subsection (lA) thereof there shall be substituted the

"(lA) An insured person under the age of 65 y e ars shall

be disqualified from receiving a pension during any period in

which he is gainfully occupied if he fails to prove that h is earn -

ings from such gainful occupation do not exceed f30 in any

period of four weeks or f97.50 in any period of thirteen weeks

Provided that no account sha11 be taken of the earnings

derived from membership of any board, committee, commis­

sion, or council established by or under any law or such classes

of earnings as the Minister may, by order, declare.";

(c) immediately after the proviso to subsection (11) thereof

there shall be added the following new proviso

"Provided further that, for the purposes of this subsection,

the amount to be substituted for the pensionable income shall

be greater than the amount substituted for the pensionable in­

come on the occasion of the previous reassessment by a sum

of not less than that of the total wage increases required by

law to be awarded generally in respect of the period following

the said last reassessment; and where a reassessment is made

for the first time, the amount to be substituted for the pension­

able income of a person shall be greater than his pensionable

income by not less than the total wage increases as aforesaid

in respect of the period fol1owing the date of his retirement;

and

(d)

subsection (12) thereof shall be deleted.

Immediately after section 17B of the principal Act there shall

be added the fol1owing new sections

(1) A person who is entitled to a national mini­

l11um pension in accordance with the provisions of section 17

and who is not disqualified under the provisions of section

17B of this Act, shall be entitled to an increase in the rate

of his pension subject to and in accordance with the follow­

ing provisions of this section.

(2) Where such person is treated as an em­

ployed person, his rate of pension shall be increased -

(a) in the case of a married man, by the applicable

amount in accordance with Part I of the Ninth Schedule

to this Act, or by such part thereof as shall ensure that

his rate of pension increased as aforesaid does not ex­

ceed two-thirds of his pensionable income;

(b) in the case of any other person, by the appli­

cable amount in accordance with the aforesaid Part I

of the Ninth Schedule.

(3)

Where such person is treated as a self-em­

ployed person, his rate of pension shall be increased - if he

is not a married man - by the applicable amount in accord­

ance with Par t I of the Ninth Schedule to this Act.

(4) For the purposes of paragraph (a)

of sub­

section (2) of this section -

(a) the "pensionable income" shall be substituted

with effect from the first Saturday of the year in respect

of which any payment under this section falIs due, in the

manner provided by sub-paragraph (a) of paragraph (ii)

of subsection (11) and by the first proviso to the said

subsection (11) of section 17 of this Act;

(b)

the proportion of two-thirds shall, where the

yearly average of contributions ascertained in connection

with the c1aim for a pension under section 17 of this Act

is less than fifty, be mu1tiplied by the proportion that

such year1y average bears to fifty, and the result of such

multiplication shall substitute the said proportion of two­

thirds.

No pension, payable to a person under subsection

(6) of sectioll 16, sectiolls 16A, 17 or 17C 01' under Part IX of

this Ad, shall be reduced by reason of any increase, taking

effect afler such person becomes entitled to a pension as afore­

said, in the amount payable to such person by way of service

pension or, in the case of a widow, by \-vay of a pension from

an employer of her Iate husband w hi c h is related to the em­

p l o y rn e nt of her late husband.".

In subsection (4A) of section 25 of the pri n c i p a l Act, for the Amendment

16. "of her late husband." there shall be substituted the words "of of seclion 25

her late husband; a n d where a widow is awarded a gratuity from a of the

former employer of her latc h u s b a n d which is in any way related to the

employment of her late husband, such gratuity shall, for the purposes

of this sl1bsection. be deemed to be a yearly pension amounting to five

per centum of the said gratuity.".

Section 32 o.f the p r in c i p al Act shall be amended as follows: Amendmcn;

17. the section shall be re-num bered as subsection (l) thereof;

(a)

and

principal Acl.

(b) immediately thereafter, there shalI be added the following

new subsection

"(2) A person to whom paragraph (i) of section 4A of

this Act applies, and who has paid any class two contribution

after the 1 st day of April, 1978 shall, on making an applica­

tion to the Director by not later than the 31st day of Decem­

ber, 1981, be entitled to a refund of the amount of contribu­

tions so paid provided that he has not become entitled to any

benefit or allowance under this Act after the 1 st day of ApriL

1978.".

For p a r ag r ap h (b) of section 33 of the principal Act th e r e

Arncndmenl

of section 33

shall be substituted the following

of the

"(b) sickness, unemployment, special unemployment, disable­ principal Act.

ment and iniury benefit for any period during which he is absent

from Malta unless

_.

(i) he is absent in the course of emoloyment of the kind

described in paragraph 2 of Part I of the First Schedule to this

Act; or

(iD in the case of sickness, d.isablement and injury bene­

fit, he is absent for treatment abroad under Govemment

auspices.".

In t h e proviso (aa} to section 41 of the principal Act, imme-

Amendment of

s�ction 41 of

diatelv after the words "sickness benefit" there shall be inselted the

the prindpai

words "or for maternity benefit under Part X of t h i s Act".

Act.

Amendment of

In section 48 of the principal Act, t he words "of the Depart-

section 48 ()f

ment" shaH be deleted.

the principal

Act.

Immediately after subsection (7) of se c t i o n 54 of the princi p al

Act there shall be added the following new subs<3ction

"(8) For the purposes of this section, a noticc by the Director

to any employer showing the nurnber and the arnount of contribu··

tions which such employer has failed 01" neglected to ray sball. un­

less the con t r a rv is proved, be sufficient evidence that the amount

shown in the sa i d n o tice is the amount due to be paid to the Direc­

tor by the employer.".

In subsection (J) of section 55 of the principal Act, for the

words "one hundred pound s there shall be substituted the words "five

"

hundred pounds".

In subsection (l) of section 60 of the principal Act. for the

words "three years" there shall be substituted the words "five years"'.

Immediately after section 69A of the principal Ac t there shall

be added the fol1owing new sectioll

69B. (1) In lhis section, bonus means a p a y m ent at

,

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

1l1onths of June and Decernber.

m Su b j ect to the provisions of this section, any

pefson who, on any day in any one month of June Of Decern­

ber, is entitled to receive a p ens i on , benefit or allowance pay­

able under section 16, 16A, 17, 17A, 18 or 25 o f this Act. or

a disablement pension u n der section 24 of this Act assessec1

at 100 per cen t Of a pension un d e r Part IX of this Act, sha11.

,

unless, his e n t i t 1 e m e n t to such p e n s i o n benefit or allowance

,

is s o lel y due to the operation of the p r o v i s i on s of section 33A

Of 99 of t h i s Act, also be entitlec1 to receive the bonus during

that rnonth.

(3) Bonus oayable to a married man under th1S

section shall be apportioned equally betvJeen 11;m and his wife

where ---

(a)

it is shown to the satisfaction of the Director

that such p e rson fai1s to provide m a in ten a nce to his wife

Of

(b) such person 01' his wife has becorne an inmate

of an institution referred to in s ec t ion 33A or 99 of this

Act and the provisions of either of the said sections have

commenced t o apply to them;

Provided that this subsection sha11 not apply if the

wife is entitled to bonus under t h i s section in hef own right.

(4) The bonus payable to any person under this

section shall be a.bated by the amount of any bonus which

such person is entitled to receive from any em p ] o y e r in accord­

ance with the Conditions of Employment (Reg1.l1ation) Act.

1952, in respect of any part of the six month period ending

on the last day of June or December w h en the bonus payable

under this section falls due, as the case may be

Provided that where an apportionment is required

under the pro v i s i on s of subsection (3) of this section. the

amount of any bonus which the husband is entitled to receive

in accordance with the provisions of the Conditions of Em­

ployment (Regulation) Act, 1952, as aforesaid, sha11 be abated

from the bonus due to the husband under this Act before the

apportionment of sueh bonus is made.

(5) Without prejud i c e to the provisions of sub­

section (4) of this section, any bonus payable under this sec­

tion to any person shaH be r ed u c ed in respect of every day -

,

being a day in the six month 1.Jeriod ending on the last day of

the mo n th during which that bonus faHs d ue - for which

any amount is due to him o r to his wife in accordance with

the provisions of sec t ion 33A or 99 of th1s Act as follows

(i) in the case of a nersQu entitled to the moiety

of the bonus under subsection (3) of th:s section. by the

amount resulting from the mu1tinlication of half the rate

of bonus mentioned in su b se c tion (1) of this section and

0.0033; and

(li) in the case of anv other person by the amount

resulting from the multinlication of the rate of bcnus

mentioned in subs e c tion (1) of this s ection and 0.0033.

(6) The amount l'educed from the bonus in ac­

co nianc e with the nrovis;ons of subsection (5) of this section

shall be oaid to the Welfare C ommittee established under the

National Assistance Act, 1956.".

2�. fn section 7(' of t h e 1)rincio�ll Act for the fip.:ures "250". "200"

and "130" thp.re shall be substituted respectively the figures "310",

"245" and "155".

F l - a r l i k o l u 7(1 ta' l-Att prinċipali minflok il-figuri "250",

"200" tl ., 130" għandhom .iidħlu rispettivament iJ�figuri "310", "245" II

In subsection (1) of sectiol1 8'2 of the pri n c in a l Act, immed i a

­

telv after the vlOrds "are living to!Y�ther" th�re sh a ll be inserted the

words "or to th e mother if she satisfies the Dire(;tor that the interests

of sueh child or person so require,".

In suhsection (2) o f section 90 of the Drincirnl Act, for the

f i gures "f548" t h e r e sha11 be substituted the figures "f630".

the principal

Sec t ion 91 of the principal Act sħall be amended as foltows

of section 9l of

(a) in suhsection (3) thereoL for th e fif!.nres "f22.88",

"f27.45" ann "f4() ()2" lhere �h� 11 be substituted resnectivelv the

c

•

f ig u r es "f26.88", "00.75" and "f86.53"; and

(b) for subsection (4) thereof t here shall be substituted the

f ol1owin g

"(4) Where an insured person wouJd be entitled to the

fu1l rate of pension but for the faet tha t the vear1y a vera g e of

fifty eontributions required bv subsection (2) of th;s seetion

is not satisfied, sueh nerson shall nonetheless be entitled. if the

said average is not less t h an fifteen, to a redueed nension; and

for the purpose of dctermining such reduced pension the pro­

portion of two thi r ds refened to in subseetions (1) and (3) of

-

this section shall be mu1tiplied by the proDortjon that the

yearly average of eontributions paid or -cred1ted < o t her than

those eredited under section 9 of this Act while the insured

person was entitled to a pension un d er section 16A of this

Act) bears to 50, and the result of sHeh multiplication sh alI

substitute the said proportion of two-thirds.".

Immediately after the sccond proviso to su b s e ct i o n (4) of

the s e c tion 96 of the principa l Act there sha 11 be a d de d the following new

proviso

"Provided fu r th e r that, for the p urp o s e s of this su b s ectio n

,

the amount to be substituted for the p e n sio n a b l e income shall be

greater tha n the amount substituted for the pe n si onab le income on

the occasi o n of the previous review by a sum of not less than that

of the total wage increases requirec\ by law to be awarded generally

in respect of the peri od f ol low i ng the said last review; and wh er e

a rev i ew is made for the first time, the a m o unt to be substituted for

the penslonable i n corn e of a person shall be greater than hi s pen­

sionable income by not less than the total w��ge i n cr e as es as afore­

said in respect of the per i o d follow ing the c\ ate of hjs retirement.".

For paragraph (b) 0.1' section 97 of the principal Act there

shaH be substituted t he fol 1 ow in g

in the case of a person who is to. be lreated as a self­

"(b)

e m p loyed person, the figure appearing in the third column of Part

II of t h e Second Schedu!e to this A ct a gain s t the category of con­

t r i butio n 1ast paid by him in a c c o r d a n c e with the pr o vi s i ons of this

Act; and for the purpose of this paragraph the provisions o f item

(a) of sub-paragraph (iD of paragraph (b) of the definition of "pen­

sionable incomc" in subsection (f) of section 2 of thi8 Act shall

apply.".

For paragraph (b) of subsection (I) of sec ti o n 98 of t h e prin­

cipal Act there shall be substituted the foIlowing

"'(

in the case of ,a person who. at the tim e i mm e d iate l y

b)

prec e di ng his be c o m i n g au i n val i d was a self-employed p e r s on the

,

,

figure appearing in the third co l u m n of Part 11 of the Second S c he

­

d u l e to this A.ct against the category of c o ntri b ut i o n last paid by

!tim in accordance with the pr o v i sio n s of this A c t ; and for the pur­

pose of thi8 paragraph the p r ovisi o n s of item (a) of sub-paragraph

<iil of paragraph (b) of the definition of "pensionable income" in

subsection (J) of section 2 of this Act shall appJy.".

In su b secti o n (9) of section 100 of the principal Act. for the

figures "f548" there shaJ1 he substituted the figures "f630".

[nlm�c\iately afler se;:;tion 101 of the principal Act there

shall be in�e,·ted the foJ1owinrr new Part

"PART X

102. In this Patt. unless the c o n l ext otherwise requires

lnterpre-

tation.

"benefit" lll ea n s the ma terni l Y benefit referred to in sectioD

103 payable in accordance with the provisions of this Part.

Maternity

A \voman who, at any t . m e on Of after the

103. U)

i

Bendit.

1sl day of Jauuary. 198J is p r e g n ant with ch i ld and has

\!l1tered the eighth month of prcgnancy shall b e entitled to

benefit under and in accordance with the provision� of this

Part,

(2) Notwithstanding the provisio1lS of subsec..:tion

W of this s("!ction, a woman who is entitled to matern ity leave

in accordance with the provisions of the Conditions of Ero-

1952 shaH not be e n ti t 1 ed

pl o ym e nt (Rcgulation) A,::t.

to

benefit.

(3) The provisions of subsection (2) of t h i s sec­

t ion s h a B a p pl y to a woman who, bei n g o r h a v i ng been

entitled to m a t e rn ity leave in a c c o r dance with the provi.

sions of th e Conditions of Employment (Regulation) Act,

] 952, l e a ve s her e:mployment at any time during t he period

com m e n c i ng eight wceks p r io r to t he day of her c onf ine

­

ment (as defined in the s a i d Act) and e ndil1 g on the last day

of t h e six months r ef e r r e d to in subsection (\ 4) of s ec tion 25

of that AcL

be pa y ab l e in t wo parts as

104. (1)

Benefit shall

follows

(a) a first payment cquivalent to ;[5 per week for

ci gh t weeks, upon the submission to the Director of a

claim on the form provided by t he Director, ac c om p a

­

nied by a certificatc sigl1ed by a person h o ldi n g the war­

rant to practise the medical p ro f essi on in Malta and, if

the Director so deems necessary, supported by such other

evidence as he may, in accordance with the pro v isi o ns

of this Act, r e q u i r c showing that the claimant has

entered the eighth month o f pregnancy; and

(bJ a second payment equivalent to ;[5 per week

for five wee ks upon productioJl to t h e Director of a cer­

,

tificate from the Public Rcgislry a t t e s ti n g the birth of

the child

Provided that where a daim is made after the birth of a

child, both the first and second p ay men t s may be made on

production of the c e r t ifi c a te referred to in paragraph (b) of

this subsection.

(2) The periods of eight weeks and five weeks

referred to in s u b s ec t i on (1) of t h i s section shall be deemed to

cover -

in the case of the payment referred to in p a f a

(a)

­

graph (a) thereof, the eight weeks immediately preceding

the date of birth of the child or, if such day is not a

S at u r d ay the first Saturday following such day;

.

in the case of the payment referred to in para­

(b)

graph (b) thereof, the five weeks co mm e n c i n g on the

Saturday immediately fo llowing the p eriod referred to in

paragraph (a) of this subsection; and

(c) in the case of a payment made in accordance

wi t h t he p ro v iso to suhsection (1) o f this section, the

e i gh t weeks immediately preceding and the five weeks

c o mme n ci n g on the date of bi r t h of the child or, if such

day is n ot a Saturday, the first Saturday following such

day.

(3) Where the d a y on which a claimant becomes

entitled to benefit at a new rate is not a Saturday, such rate

shall take effect only as from the f o ll o wing Saturday.

(4) Notwithstanding any other p ro v isi ons of this

Part, no bellefit shall be payable in respect of any pe r i od

pr i or to 3rd January, 1981.

105. A person shalI not be entitled to c1aim benefit in

respect of a child after the Japse of six months from the birth

of sueh child.

106. (1)

A claim shaH not be accepted by the Director

unless it is made by a citizen of Jlvlalta or by a person married

to a citizen of Malta, 'Nho resides in 1vlalta and has so resided

during the six months preceding the birth of the child to

whom the claim relates.

(2) No benefit shall be due where the c1aimant

ha8 received benefit on thl'ee occasions before the date of the

claim, or where the claimant h38, on three occasions before

the date of the c1aim, given birth to children, other than those

tO' wħom the c1aim relates, three 01' more of whom are living

at the time of the date of such c1aim.

For the purposes of subsection

(1) of this

(3)

section -

(a)

a claimant who was a bs e n t from Malta during

any part of the six months referred to in this section,

shall be deemed to have l'esided in Malta during such

absence, if the Director is satisfied th a t

-

(i)

such person was on holiday and her

absence does not exceed in the aggregate three

months,or

(iD her absence was dne to medical treatment

abroad, 11e1' temporary employment outside Malta

or the temporary employment of her husband out­

side Malta" and

(iii) in each case, she resided in Malta imme­

diately before s:lch absence;

(b)

a claimanl yvhose husband is employed with

the Government of Malta shall not be deemed to be

residing outside Malta if -

(i) such residence outside Malta is conse­

guential to the employment of her husband with the

Government of Malta, and

(iD her husband resi:ied in Malta immediately

prio r to his employment as aforesaid.

107. Save in the case to which the provisions of para-

graph (b) of subsection (3) of section 106 of this Act apply.

payment of benefit sha11 not be made outside Malta.

108. The provisions of paragraph (b) of subsection (1)

Applicability

and of subsection (3) of section 34, subsection (3) of section

35, sections 36, 37 (with the exception of that part of sub­

section (2) thereof which makes the provisions of subsection

(3) of section three hundred and eighty-two of the Code of

Organization and Civil Procedure app1ieable to benefit under

this Act), sections 38, 41,43 to 45, and section 65 of this Act

sha11 apply to benefit under this Part and to c1aims therefor.".

Immediately after paragraph 30f Part I of the First Schedule

Amendment of

First Schedule

to the principal Act there shall be added the following new paragraph

to the principal

"3A. Service after 5th January, 1981 as a member of the

Act.

House of Representatives, other than service in any of the offices

specified in sections 60( 1), 81 and 89 of the Constitution, except

where the person concerned is gainfully occupied in a self-employed

capaeity.".

A

For the Second Schedule to tbe principal Act there shall be

Substitution of

Second

substituted the following

Schedule to

the principal

Act.

"SECOND SCHEDULE

Sections 5, 5A

\Veekly Rates of Contributions

PART I

Class One Contributions

I Weekly rate of

contribution

payable by the

Employed Persons

employed person.

Category

by his employer,

and out of the

Consolidated

l

Fund

,

,

l. Boys and girls over the age of

A

14 but under insurable age

fI.23,O

2. Persons of insurable age and

over whose basic wage or salary

(exc1uding overtime, commissions,

remuneration in kind or any form

of bonus) -

(i) does not exceed ;(26.88

B

per week or fi ,398 per annum

i2.24,0

(ii) exceeds f26.88

per

one-twelfth,

c

week or fi ,398 per annum but

calculated to

does not exceed i86.53 per

the nearest

week or i4,500 per annum ...

cent, of the

basic weekly

wage or of

the weekly

equivalent

of the basic

salary

(jii) exceeds i86.53 per

D

week or i4,500 per annum

i7.21,0

PART 11

Class Two Contributions

,-

--

-

---

-

-

' -

- - -----------"

Weekly rate of

Pensionable

Category

Class Two

Income

Contributions

-------- ! i ---..

-i -

----

--- - � ---

SA

f3.90

i1640

SB

:E5.20

i2170

:E6.50

f2700

se

SD

f3230

i7.80

f3760

SE

i9.05

SF

:E4500".

i10.85

For the Third ScheduJe to the principal Acl there shall be

substituted the following

"THIRD SCHEDULE

Sections 10. 24, 30

PART I

Rate of Benefit other than Sickness Benefit, Unemployment Benefit,

Special Unemployment Benefit, Injury Benefit, Disablement Pension,

Guardian's Allowance and Orphan's Allawance

-----�---,_._----- -

Weekly Rate

Sinġle

Kind of Benefit

Person

Married

or Married

Man

Woman

-

1-------

----

f

f cm

l I i

cm

J 3.05,0

20.50,0

N atlonal Minimum Pension

(a)

14.05,0

Increased Retirement Pension

21.70,0

(b)

.

.

_

I

7.40,0

Retirement Pel1sion

(c)

12.1 0,0

I

Invalidity Pension

12.05,0

(d)

Increased

19.70,0

(e)

7.40.0

Invalidity Pension

12.10.0

12.05,0

(f)

Widow's Pension

(g)

4.45,0

Widow's Special Allowance

(h)

Death Benefit

13.90.0

(i)

Widow's Benefit ...

13.90,0

(ii)

Widower's Benefit

5.30,0

(Hi)

W i d o w s Allowance

'

12.05,0

(iv)

19.70,0

Parent's Allowance

A

PART IA

Sickness Benefit, Unemployment Benefit,

Special

Ratf!

of

Unemployment Benefit and lnjury Benefit

Daily Rate

Single

Kind of Benefit

Person

Married

or Married

Man

Woma n

1:: cm

1:: cm

2.00,0

(a)

Sickness Benefit ...

3.25,0

1.24,0

(b)

Unemployment Benefit ...

2.02,0

2.00,0

(c)

Special

Unemployment

Benefit

3.25,0

(d)

Injury Benefit -

Persons of insurable age

3.75,0

5.05,0

Persons under insurable age

1.70,0

3.00,0

PART II

Amount of Marriage Grant Per Person

f. c m

00,0

PART III

Amounts of Disablement Gratuity

Degree of Disablement

Amount of Gratuity

i

I

f C m

!

%

I

43.50,0

I

87.00,0

13Q50»

174.00,0

21�50»

261.00,0

304.50,0

348.00,0

391.50,0

435.00,0

478.50,0

522.00,0

565.50,0

609.00,0

652.50,0

696.00,0

739.50,0

783.00,0

826.50,0

PART IV

Rates of Disablement Pension

-

---

.

WEEKLY RA TES

Degree of

Disablement

Persons under Insurable Age

Persons of Insurable Age

f

m

f.

m

%

c

C

6.00,0

12.05,0

5.70,0

11.45,0

4.70,0

9.40,0

4.20,0

8.40,0

3.60,0

7.15,0

3.20,0

6.40,0

2.60,0

5.15,0

2.00,0

4.05,0

1.40,0

2.85,0

PART V

Zncrease of Disablement Betlefit for a wife when the loss of faculty

renders husband incapable for work and likely to remain

permanently sa i n cap a b l e

------�--�--_ .. -�

[

�eekIY _Rat_� ___ _

_

_

f e m

i

l:65,0

___

_

___ _

PART VI

Zncrease of Widow's Pension, Widow's Benefit and Widower's

Benefit for a child

- ...

Weekly Rate per child

for children in respect

Weekly Rate per child

of whom a child's

Kind of Benefit

for all other children

allowance is being paid

under Part VIII of

this Act

f

fem

c m

(a)

1.40,0

Widow's Pension

0.85,0

(b)

1.40,0

0.85,0

Widow's Benefit

(c)

1. 0 0

Widower's Benefit

0.85,0

,

PART VII

Rate of Gllardian's Allowance and Orphan's Allowance

Weekly Rate where a

Weekly Rate where no

chi!d's Allowance is

child's Allowance is

Kind of Benefit

being paid under

being paid under

Part VITI of this Act

Part VIII of this Act

i

-

:f.

m

fem

.. . . _-�_.--_.----_. __ .---------

e

1 89 0

Guardian's Allowance

2.80,0

I

2.97,0

.

,

Orphan's Allowance

4.40,0".

37. Paragraph 1 of the Fourth Schedule to the principal Act shalI

be deleted.

Act.

38. For the Fifth Schedule to the principal Act there sha11 be

Substitution

substituted the following

"FIFTH SCHEDULE

PART II

Reduced Rates of Benetit

A.

National Minimum Pension

Weekly Rate of National Minimum

Pension

I

I Single Person or i

.�--_._.-.------.

I

YcarJy average of contributions paid

j

Married Man

! Married Woman

or credited

I

!

l-��I

_--

f

C

m

_

__

I

50 or more (full rate)

13.05,0

20.50,0

11.60,0

18.25,0

�--

14.15,0

9.00,0

•

10.05,0

6.40,0

B.

Tnereased Invalidity Pension

Weekly Rate .of Increased

JnvaIidity PensiDn

Yearly

average

af contributions pa,id

credited

Dr

Single Person

or l

Married Man

Married Woman

!

f

f

c m

e m

5001' more (fuU r a t e )

19.70,0

12.05,0

17.50,0

10.70,0

40 - 49

13.60,0

8.30,0

---.

9.65,0

5.90,0

- 29

..

A

C.

Increased Retirement Pension

Weekly R ate of Increasecl

Retirement Pension

Yearly average of contributions paid

or credited

Single Person or ;

.

'

Married

Man

Marned Woman

rn

C m

f c

f

21.70,0

50 or more (full rate)

14.05,0

19.30,0

12.50,0

40 - 49

15.00,0

9.70,0

30 - 39

10.65,0

6.90,0

-

D.

Retirernent Pension and Invalidity Pension

I

Weekly Rate of Retirement

Pension and Tnva1idity Pension

I

averag:r � � e: �� J ributions paid

Year1y

i

____

_____

Single Person or

._

.

Marned Man

I

Married Woman

---- ------------·- ----1·-·-

c m

C m

f.

f

I

.'l0 01' m or e (fuH rate)

J2.10.0

7.40,0

10.98,0

I

._-

,

30 - 39

5.10,0

8.34,0

20 - 29

6.12,0

3.72,0

E.

Widow's Pension

Weekly Rale of Widow'sPension

average of cootrib utions paid

Yearly

or credited

c m

f

50 or more (ful! rate)

12.05,0

10.70,0

-_.

8.30,0

30 - 39

5.90.0

-

A

F.

Sickness Benefit

'I

Daily Rate of Sickness Benefit

Number of contribution s paid or

Single Person or

credited in the re]evnnt contribution year

Married

Man

Married

Woman

f..

f

C m

c m

I

;

3.25,0

2.00,0

50 or more (ful1 rate)

2.90,0

t.80,0

2.25,0

1.40,0

1.60,0

1.00,0

20 -- 29

G.

Unemployment Benefit

Daily Rate of Unemployment

i ,

Benefit

Number of eontributions paid Of

1----------------------------------

credited in the relevant contribution year

I Single Married

Person or

Married

Man

I

Woman

f

f

c m

C m

50 or more (full rate)

2.02,0

1.24,0

1.83,0

1.11,0

1.39,0

0.85,0

1.02,0

0.62,0

H.

Special Unemployment Benefit

Daily Rate of

Special Unemp loyment Benefit

NlImber of contributions paid or

I

Single Person or

credited in the relevant contriblltion year

Married

/

Married

Man

I

I

Woman

I

f..

f..

cm

cm

I

2.00,0

3.25,0

50 ur more (fu II rate)

1.80,0

2.90,0

I

1.40,0

2.25,0

1.00,0

1.60,0".

------ --�-

39. In item 40 of the Seventh Schedule to the principal Act, for

the words "dust reticulation (Pneumoconiosis)" there sha11 be substituted

the words "dust reticula tion (Pneumo::oniosis); and si1ico-tuberculosis

provided that silicosis is an essential factor in causing the resuJtant

incapacity or death".

40. The Ei g hth Schedule to the principal Act shaH be amended as

follows

(a) in sub-paragraph (a) of paragraph ( 1) thereof, for the

words "(not being furniture and personal effects)" there shaH be

substituted the words "(not being the house of residence, furniture

and personal effects)";

(b)

sub-paragraph

(b)

of

paragraph

l

thereof

shal1

be

deleted;

in sub-paragraph (c) of paragraph 1 there of, for the words

(c)

"benefit under this Act" there sha11 be substituted the words

"benefit under Parts III and X of this Act"; and

(d) in paragraph

(5) thereof, for the figures ";0400".

";(6500", ";048" and ";(548" there s ha 1 1 be substituted respectively

the figures ";(4500", ";(8600", "f430" and ";(630".

41. Immediately after th;; Eighth Sshedule to the prin c i p al Act

there sha11 be added the following new Schedule

"NINTH SCHEDULE

S e c t ion 1 6 (6 )

17C

,

PART I

Increase

in

the

rate

of

National

Minimum,

Pension

under

section J7C of the Act

Yearly average of contributiol1S

Maximum

Weekly

Rate

paid or credited

of increase

;( C m

50 or more (full rate)

2.00,0

1.80,0

-

30 - 39

1.40,0

20 - 29

1.00,0

A

PART II

lncrease In the rate of pension

widow under subsection (6)

la a

of section 16 o f the Act

I

Yearly average of contributions

Maximwn

Weekly

Rate

I

paid or credited

of increase

I

l

1--------

I

I

f c ID

I

I

I

50 or more (full rate)

1.35,0

I

I

1.20,0

0.95,0

0.65,0".

Passed by the House of Representatives at Sitting No. 491 of the 14th April, 1981.

C. AGIUS

Speaker

C. MIFSUD

elerk to the House of Representatives

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!l-U.C.S.

Stamperija

Pri>lled at the c.a.s.

Government Printing Press

Stampat

tal-Gvern

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