ACT No. VII of 1981 AN ACT furlh er la amend Ih e ald Age Pensions Act, 1948.

I assent.

(LS.)

V. SCERRI

Acting Presiden t

20th February, 1981

ACT No. VII of 1981

AN ACT furlh er la amend Ih e ald Age Pensions Act, 1948.

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

consent of the House of Representatives, in this present Parliament as-

sembJed, and by the authority of the same, as follows:-

l . (1) This Act may be cited as the OId Age Pensions (Amend-

ment) Act, 1981, and shall be read and construed as one with the Old

Age Pensions Act, 1948, hereinafter referred to as "the principal Act".

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

(2)

1981.

(l) Dan l-Att jista' jissejjaħ l-Att ta' 1-1981 li jemenda l-Att

dwar il-Pensjonijiet għax-Xjuħ, u għandu jinqara u jiftiehem ħaġa waħda

ma' l-Att ta' 1-1948 dwar il-Pensjonijiet għax-Xjuħ, hawnhekk iżjed 'il

quddiem imsejjaħ "l-Att prinċipali".

Dan l-Att għandu jkollu effett mit-3 .ta' Jannar, 1981.

(2)

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

words "one hundred ccats" there shall be substituted the words "one

hundred and fifteen cents".

Immediately after section 11 of the principal Act there shall be

added the following

11 B. (I) In this section, "bonus" means a payment at

" Payment

the rate of :/::50 every six months, falling due during the months

of bonus.

of June and December.

(2) Subject to the provisions of this section, any

person who, on any day in any one month of June or Decem-

ber is entitled to receive a pension or allowance under this

\.ct, shall also bc entitled to receive the bonus during that

month

Provided that in the case of a husband and wife who

are not separatecI in accordanc~ "v'ith the provisions of the

Civil Code and who are both entitled to a pension 01' allow-

ance under this Act the bonus due shall be that in respect of

one person only and shall be apportioned equally between

such husband and wife.

(3) The bonus to which this section applies shall

not be due to any pcrson where he or, in the case of husband

and wife not being separated in accordance with the provi-

sions of the Civil Code, his spouse, is entitled to receive a

bonus under the provisions of the National Insurance Act,

1956. (4) The bonus payable to any person under this

section shall be abated by the amount of any bonus which

such person is entitled to receive from any employer in ac-

cordance with the Conditions of Employment (Regulation)

;\ct, 1952 in respect of any part of the six month period end-

ing on the last day of June 01' December, when the bonus pay-

abIe under this section falls due, as the case may be; and where

an apportionment of the bonus is required under the provi-

sions of subsection (2) of this section the abatement shalI be

made before the bonus is so apportioned.

(5) Without preiudice to the provisions of sub-

section (4) of this section, where a person is entitled to re-

ceive an allowance in accordance with the provisions of sec-

tion 3A of this Act, any bonus to which he is entitled under

this section, shall be reduced, in respect of every day - being

a day in the six month period ending on the 1ast day of the

month during which that bonus faIIs due - for which he is

entitled to such allowance, as foIIows

(j) in the case of a person to whom the proviso to

subsection (2) of this section applies, by the amount re-

su1ting from the multiolication of ha1f the rate of bonus

mentioned in subsection (l) of this section and 0.0033

and

(ii) in the case of any other person by the amount

resulting from the multiplication of the rate of bonus

mentioned in subsection (1) of this section and 0.0033.

(6) The amount reduced from the bonus in ac-

cordance with the provisions of subsection (5) of this section

shaH be paid to the Welfare Committee estabIisħed under the

National Assistance Act, 1956.

(7) The provisions of sections 4, 7 (with the ex-

ception of paragraph (1) and sub-paragraph (a) of paragraph

(2»), 12, 14 (with the exception of paragraph (1», 15 and 16 of

this Act shalI apply to the bonus payable under this section as

if the references there in to "pension" were references to

"bonus".

The Schedule to the principal Act shaH be amended as follows

(a) for paragraph (J) thereof, there shaH be substituted the

foJtowing

"(1) (a) Where the total yearly means of a married

couple (not being separated in accordance with the provisions

of the Civil Code, and both persons being entitled to a pension

under this Act) ca1culated in accordance with the provisions

of this Act - -

Weekly Rate of

Pension per Person

do not exceed fl25

:€1O.25,0

exceed fl25 but do not exceed :€225

:€8.75,0

exceed :€225 but do not exceed :€325

:€7.20,0

exceed :€325 but do not exceed :€425

:€5.50,0

exceed :€425

no pension.

(b) Where either 01' both of the married couple to

which this paragraph refers owns the house of their residence

or part thereof, and its capita] value has been excluded in

terrns of sub-paragraph (b) of paragraph (3) of this Schedule

and exceeds :€4,600 the weekly rates set out in this paragraph

shall be reduced by 50c.";

(b) for paragraph (2) thereof, there shall be substituted the

folIowing

(a)

Where the yearly means of any other clairnant

" (2)

Of pensioner, calculated

in accordance with the provisions of

this Act - -

Weekly Rate of

Pension

do not exceed :€75 . ..

f13.05.0

fI 1.30,0

excecd :€75 but do not exceed E125

exceed fl25 but do not exceed :€l75

f 9.50,0

exceed :€l 75 but do not exceed :€225

f 7.50,0

exceed I:225

no pension.

\b) \Vhere any person to whom this paragraph

applies owns the house of his residence or part thereof, and

1ts capital valuc has been excluded in terms of sub-paragraph

(b) of paragraph (3) of this Schedule and exceeds f4,600 the

rates sel out in this paragmph sha11 be reduced by f1."; and

(c) for sub-pn ragraph (b) of paragraph (3) thereof there shall

be substituted the foll ovving

" (b) Where the house of residence of a person c1aiming

a pensioll has not been acguired by an onerous title by such

person, or, in the case of a married person, by the husband or

wife of sllch person, within the period of three years immed.

iately preceding the date of the cIaim, the capital value of the

house of residence shall be exc1uded;".

Passed by the House of Representatives at Sittin g No. 469 of the j 8th February.

C.AGIUS

Speaker

C. MIFSUD

Clerk to the House of Representatżves

Puhlishell by the Der'artmell/ of hl/arma/iun

Stamperija tal-Gvern --

P,illleu "I the C .O .S. -

G o r emmenl Pr;ntinll Pres.