MT
Second Schedule — SOCIAL SECURITY ACT
Second Schedule · SOCIAL SECURITY ACT
[ Articles 12, 20, 23, 27, 30, 66, 68, 73, 76 and 76A ]
Calculation of means for the purposes of an exemption from the
payment of Class Two Contributions and for the award of Social
Assistance, Sickness Assistance, Free Medical Aid, an Age Pension,
Severe Disability Assistance, Disability Assistance, an Assistance for
the Visually Impaired, Children’s Allowance, a Supplementary
Allowance, and a Disabled Child Allowance.
PART I
Exemption from the Payment of Class Two Contributions
1. In calculating the means for the purposes of article 12
account shall be taken of
(a) the value of any property including any settlement of
property in trust (excluding the house of residence)
belonging to that person which is, or could be,
invested or put to profitable use, excluding furniture,
jewellery and other personal effects
Provided that where the cash at bank and in hand
(including any liquid assets, time deposits, bonds,
stocks, shares or other securities), cash settled in any
trust and the capital value of any urban immovable
property including any settlement of such property in
trust (excluding the house of residence) which is not
being put to profitable use, together exceed €9,320 in
the case of a single or widowed person, or €16,310 in
the case of a married person, the person requesting an
exemption from the payment of a Class Two
contribution shall be deemed not to be entitled to such
an exemption; and
(b) save as provided in paragraph 3 of this Part, any
income or privilege which is, or could be, received or
enjoyed by that person including any person entitled to
benefit under a trust or in which favour a discretion to
distribute property, including income or privilege, held
in trust may be exercised.
2. Where the total capital resources referred to in paragraph
1(a) of this Part do not exceed the limits laid down therein
(a) the first €585 of such capital resources shall be
ignored; and
(b) the value of any urban immovable property as is
referred to in the proviso to the aforesaid sub-
paragraph (a) shall be treated as producing an annual
income equivalent to 5.5% of its capital value.
3. In calculating the income or privilege which is, or could
be, received or enjoyed by the person requesting an exemption
from the payment of a Class Two contribution, no account shall be
SOCIAL SECURITY
taken of
(a) any assistance, pension, benefit or allowance payable
under this Act;
(b) any sickness benefit from a friendly society or a trade
union;
(c) any sum paid out of a charitable fund;
(d) any pension, other than a pension payable by virtue of
article 16A of the Malta Dockyard Act, which is paid
apart from this Act; and
(e) the first €470 by way of earnings derived by any
person from the carrying out of hand knitting, lace
making, crochet and embroidery activities at home,
and the manufacture of which does not involve any
mechanical processes.
PART II
Sickness Assistance
1. In calculating the means for the purposes of article 20
account shall be taken
(a) save as provided for in paragraph 3 of this Part, of the
value of any property including any settlement of
property in trust (excluding the house of residence)
belonging to all the members of the household who are
neither employed persons nor self-employed or self-
occupied persons in terms of this Act, which is, or
could be invested or put to profitable use excluding
furniture, jewellery or other personal effects
Provided that where the cash at bank and in hand
(including liquid assets, time deposits, bonds, stocks,
shares and other securities), cash settled in any trust
and the capital value of any urban immovable property
including any settlement of such property in trust
(excluding the house of residence) which is not being
put to profitable use, together exceed
(i)
€16,000 in the case of a household consisting of
one member only or of a number of members
headed by a single person or a single parent; or
(ii) €26,000 in the case of a household consisting of
at least the head of household and the spouse of
such head of household,
the person claiming Sickness Assistance shall not be
deemed to be entitled to such assistance
Provided further that, with effect from 1st January
2024, in the case of a person who has been in receipt
of Sickness Assistance in accordance with the
provisions of article 20 for a period of five (5) years or
more and who comes into possession of other property
or assets through inheritance, in lieu of the limits laid
down in the first proviso, shall instead be taken in the
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calculation of the capital means the amount of thirty
thousand euro (€30,000) in the case of a single or
widowed person, or the amount of fifty thousand euro
(€50,000) in the case of a married person. So however
that, when calculating the capital means in such cases,
no account shall be taken of
(a)
a donation of a property by the beneficiary
of the Sickness Assistance to a son or daughter, provided
that such property is being donated to the son or
daughter in order for the son or daughter to form his or
her future house of residence;
(b)
a donation of part of the house of residence
of the Sickness Assistance beneficiary to the son or
daughter including the space above such property,
provided that such donation is being made in order for
the son or daughter to form his or her future house of
residence; and
(c)
a donation of up to a maximum of twenty
thousand euro (€20,000) to the son or daughter by the
beneficiary of the Sickness Assistance, provided such
donation is made in accordance with the provisions of
the laws of Malta; and
(b) save as provided for in paragraph 4 of this Part, of any
income or privilege which is, or could be received or
enjoyed by any member of the household including
any entitlement of such member to benefit under a
trust or in whose favour a discretion to distribute
property, including income or privilege, held in trust
may be exercised who is neither an employed person
nor a self-employed or self-occupied person in terms
of this Act
Provided that any such property or income that has to
be taken into account for the purposes of this Part, in
accordance with the foregoing provisions of this
paragraph, shall include any property or income which
any member of the household as aforesaid in this Part
had directly or indirectly deprived himself of in order
to become entitled to Sickness Assistance or to
become so entitled at a more advantageous rate
Provided further that where a member, not being the
head of household and the spouse of such head of
household, is an employed person or a self-employed
or self-occupied person, and his gross wage or gross
income, as the case may be, does not exceed 35% of
the National Minimum Wage as is applicable to
persons of eighteen years of age or over established by
a National Standard Order issued under the
Employment and Industrial Relations Act during the
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period in respect of which such assistance is due, such
a member shall, for the purposes of this paragraph, not
be deemed to be an employed person or a self-
employed or self-occupied person.
2. Where the total capital resources referred to in paragraph
1(a) of this Part do not exceed the limit laid down therein
(a) the first €585 of such capital resources shall be
ignored; and
(b) the value of any urban immovable property as is
referred to in the proviso to the aforesaid sub-
paragraph (a) shall be treated as producing an annual
income equivalent to 5.5% of its capital value.
3. Where any member of the household as aforesaid in this
Part, other than the head of household and the spouse of such head
of household, is in possession of any property as is referred to in
paragraph 1(a) of this Part
(a) the entire value of any future house of residence or
part thereof belonging to such member in view of
marriage shall be ignored; and
(b) one-half of the value of any other such property shall
be disregarded unless such property had been
transferred or donated to him by the head of household
or the spouse of such head of household within the
twelve months immediately preceding the claim for
Sickness Assistance.
4. In calculating the income or privilege which is, or could be
received or enjoyed by any member of the household as aforesaid
in this Part no account shall be taken of
(a) the first €95 arising out of the use of property;
(b) any
Social
Assistance,
Leprosy
Assistance,
Tuberculosis Assistance, Milk Grant, Carer’s
Allowance, Increased Carer’s Allowance and Sickness
Assistance payable under this Act and any pension or
pensions (whether paid under this Act or not) up to a
maximum aggregate amount equivalent to the
aggregate of the highest rate of the National Minimum
Pension, inclusive of the Additional Allowance
payable according to the claimant's marital status as
specified in the Twelfth Schedule;
(c) any Increased Severe Disability Assistance, Severe
Disability Assistance, Assistance for the Visually
Impaired and Disability Assistance being paid to one (1)
of the spouses, provided that such spouse is neither in
insurable employment nor self-occupied;
(d) any Supplementary Allowance, Children’s Allowance,
Care Allowance, Disabled Child Allowance or
Maternity Benefit payable under this Act;
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(e) 84.3% of the total net income or of any privilege,
benefit or allowance or of any excess pension which is
being, or could be received or enjoyed by such
member of the household, other than the head of
household or the spouse of such head of household,
and for this purpose the total net income, privilege,
benefit, allowance or excess pension shall be reduced
by any income tax payments made by the person
concerned in accordance with the Income Tax Act, and
the term "excess pension" shall mean any pension over
the National Minimum Pension as indicated in sub-
paragraph (b);
(f)
any amounts as are referred to in paragraphs 3(b) and
(c) of Part I of this Schedule;
(g) any stipend received by any member of the household,
other than the head of the household or the spouse of
such head of household during a full-time course of
studies or instruction under any scheme run by the
Government of Malta, whether involving or not
distinct work and study periods; and for this purpose,
"stipend" shall not include any wage or other
remuneration which may be payable to the person
concerned during any work phase which may form part
of such a scheme; and
(h) the first €470 by way of earnings derived by any
person from the carrying out of hand knitting, lace
making, crochet and embroidery activities at home,
and the manufacture of which does not involve any
mechanical processes.
(i)
In calculating the means for the purposes of article 20 no
account shall be taken of net earnings derived by a self-
occupied homeworker, as defined in article 2, if such net
earnings do not exceed 35% of the National Minimum
Wage as is applicable to persons of eighteen years of age
or over as established by a National Order issued under
the Employment and Industrial Relations Act.
5. For the purposes of this Part, "spouse" shall include such
person who, in the opinion of the Director, is living with the head
of household as if that person was the lawful wedded spouse of the
head of household, during any period in which Sickness Assistance
is being, or could be. paid to the head of household under the
provisions of this Act.
6. Where a head of household or the spouse is in receipt of
Sickness Assistance under this Act, any increase taking effect at any
time after the 6th January, 1989, to which they or any other member of
the household (as aforesaid in this Part) may become entitled in
respect of any pension, benefit, assistance or Supplementary
Allowance as is payable to them or to any other member of the
household under this Act during the same period within which they are
in receipt of the aforesaid Sickness Assistance, shall not be taken into
account in calculating the means of that household for the purposes of
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establishing the continued right or otherwise to such Sickness
Assistance.
7. With effect from the 4th January 2014, where a person who
is divorced or is married but legally or de facto separated from the
other spouse proves to the satisfaction of the Director that he is
paying an amount of money to his spouse or to his former spouse as
an integral part of their separation or of their divorce, that amount
of money shall be deducted when the means of that person are
calculated.
PART III
Free Medical Aid
1. In calculating the means for the purposes of article 23
account shall be taken
(a) save as provided for in paragraph 3 of this Part, of the
value of any property including any settlement of
property in trust (excluding the house of residence)
belonging to all the members of the household which
is, or could be, invested or put to profitable use
excluding furniture, jewellery or other personal
effects
Provided that where the cash at bank and in hand
(including liquid assets, time deposits, bonds, stocks,
shares and other securities), cash settled in any trust
and the capital value of any urban immovable property
including any settlement of property in trust
(excluding the house of residence) which is not being
put to profitable use, together exceed
(i)
€16,000 in the case of a household consisting of
one member only, or a number of members
headed by a single person or a single parent; or
(ii) €26,000 in the case of a household consisting of
at least the head of household and the spouse of
such head of household,
the person claiming Free Medical Aid shall not be
deemed to be entitled to such aid; and
(b) save as provided for in paragraph 4 of this Part, of any
income or privilege which is, or could be, received or
enjoyed by any member of the household including
any entitlement of a member of the household to
benefit under a trust or in whose favour a discretion to
distribute property, including income or privilege, held
in trust may be exercised
Provided that any such property or income that has to
be taken into account for the purposes of this Part in
accordance with the foregoing provisions of this
paragraph shall include any property or income which
any member of the household had directly or indirectly
deprived himself of in order to become entitled to Free
Medical Aid.
SOCIAL SECURITY
2. Where the total capital resources referred to in paragraph
1(a) of this Part do not exceed the limit laid down therein
(a) the first €585 of such capital resources shall be
ignored; and
(b) the value of any urban immovable property as referred
to in the proviso to the aforesaid sub-paragraph (a)
shall be treated as producing an annual income
equivalent to 5.5% of its capital value.
3. Where any member of the household, other than the head
of household and the spouse of such head of household, is in
possession of any property as referred to in paragraph 1(a) of this
(a) the entire value of any future house of residence or
part thereof belonging to such member in view of
marriage shall be ignored; and
(b) one-half of the value of any other such property shall
be disregarded unless such property had been
transferred or donated to such member of the
household by the head of household or the spouse of
such head of household within the twelve months
immediately preceding the claim for Free Medical
Aid.
4. In calculating the income or privilege which is, or could
be, received or enjoyed by any member of the household, no
account shall be taken of
(a) the first €95 arising out of the use of property;
(b) any
Social
Assistance,
Leprosy
Assistance,
Tuberculosis Assistance, Milk Grant and Sickness
Assistance payable under this Act and any pension or
pensions (whether paid under this Act or not) up to a
maximum aggregate amount equivalent to the
aggregate of the highest rate of the National Minimum
Pension, inclusive of the Additional Allowance
payable according to the claimant’s marital status as is
specified in the Twelfth Schedule to this Act;
(c) any Supplementary Allowance, Children’s Allowance,
Disabled Child Allowance or Maternity Benefit
payable under this Act;
(d) 84.3% of the total net income, or of any wage or salary
or of any privilege, benefit or allowance or of any
excess pension which is being, or could be received or
enjoyed by any member of the household, other than
the head of household or the spouse of such head of
household, and for this purpose the total net income,
wage, salary or pension shall be taken as the total
gross income, wage, salary or pension less any
payment made by the person concerned by way of
(i) income tax under the Income Tax Act;
(ii) expenses incurred for travelling by public
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transport or by any other form of transport as
may be provided by the employer of the person
concerned, to and from the place of work; and
(iii) any expenses incurred by the person concerned
in generating that income,
and the term "excess pension" shall mean any pension
over the National Minimum Pension as indicated in
sub-paragraph (b);
(e) any amounts as referred to in paragraph 3(b) and (c) of
Part I of this Schedule;
(f)
any weekly allowance payable by any employer in
terms of the Weekly Allowance National Standard
Order;
(g) any benefit, income, privilege or grant accruing to any
member of the household under and in accordance
with the provisions of any of the Manpower Incentive
Schemes announced by the Government of Malta, for
the first twelve weeks of entitlement;
(h) any stipend received by any member of the household,
other than the head of household or the spouse of such
head of household during a full-time course of studies
or instruction under any scheme which is run by the
Government of Malta, whether involving or not
distinct work and study periods; and for this purpose
"stipend" shall not include any wage or other
remuneration which may be payable to the person
concerned during any work phase which may form part
of such a scheme;
(i)
contributions payable under this Act; and
(j)
the first €470 by way of earnings derived by any
person from the carrying out of hand knitting, lace
making, crochet and embroidery activities at home and
the manufacture of which does not involve any
mechanical processes.
5. For the purposes of this Part, "spouse" shall include such
person who, in the opinion of the Director, is living with the head
of household as if such person were the lawful wedded spouse of
the head of household, during any period in which Free Medical
Aid is being, or would be, accorded to the head of household under
the provisions of this Act.
6. With effect from 1st January 2018, where a person who is
divorced or is married but legally or de facto separated from the other
spouse proves to the satisfaction of the Director that he is paying an
amount of money to his spouse or to his former spouse as an integral
part of their separation or of their divorce, that amount of money shall
be deducted when the means of that person are calculated.
PART IV
Age Pension
1. In calculating the means for the purposes of article 66,
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account shall be taken of any property including any settlement of
property in trust (excluding the house of residence), income or
privilege as is indicated in paragraph 1 of Part 1 of this Schedule;
and save as provided in paragraph 3 of this Part, where the limits
laid down in the proviso to paragraph 1(a) of Part I of this Schedule
are exceeded, the person making a claim for an Age Pension, as the
case may be, shall be deemed not to be entitled to such pension
Provided that in calculating the means in terms of this
paragraph, instead of the limits stipulated in the proviso to paragraph
1(a) of Part I, €16,000 in the case of a single or a widowed person or
€26,000 in the case of a married person shall be taken in the
calculation of means
Provided further that, with effect from 1st January 2022, in
the case of a person who has been in receipt of an Age Pension in
accordance with the provisions of article 66 for a period of five (5)
years or more and comes into possession of other property or assets
through inheritance, in lieu of the limits laid down in the first
proviso, shall instead be taken in the calculation of the capital
means the amount of thirty thousand euro (€30,000) in the case of a
single or widowed person, or the amount of fifty thousand euro
(€50,000) in the case of a married person. So however that, when
calculating the capital means in such cases, no account shall be
taken of
(a) a donation of a property by the beneficiary of the Age
Pension to a son or daughter, provided that such
property is being donated to the son or daughter in
order for the son or daughter to form his or her future
house of residence;
(b) a donation of part of the house of residence of the Age
Pension beneficiary to the son or daughter including
the space above such property, provided that such
donation is being made in order for the son or daughter
to form his or her future house of residence;
(c) a donation of up to a maximum of twenty thousand euro
(€20,000) to the son or daughter by the beneficiary of the
Age Pension, provided such donation is made in
accordance with the provisions of the laws of Malta.
2. The means accruing, or which could accrue, from any
property, income or privilege as is described under Part I of this
Schedule shall be calculated in the manner laid down in paragraphs
2 and 3 (with the exclusion of paragraph 3(a) and (d) of the said
Part I); so however that no account shall be taken of
(a) the first €385 of such means in the case of a married
couple; or
(b) the first €270 of such means in the case of a single or
widowed person; and
(c) any Medical Assistance, Supplementary Allowance,
Children’ s Allowance, Care Allowance, Disabled
Child Allowance or Maternity Benefit payable under
this Act; and
SOCIAL SECURITY
(d) any Increased Severe Disability Assistance, Severe
Disability Assistance, Assistance for the Visually
Impaired and Disability Assistance payable to the spouse
who is not the head of household; and
(e) the first €470 by way of earnings derived by any
person from the carrying out of hand knitting, lace
making, crochet and embroidery activities at home and
the manufacture of which does not involve any
mechanical processes.
3. Any such property or income that has to be taken into
account for the purposes of this Part in accordance with the
foregoing provisions of this Part shall include any property or
income which the person concerned had directly or indirectly
deprived himself of in order to become entitled to an Age Pension,
as the case may be, or to become so entitled at a more advantageous
rate; so however that where the income that the person concerned
had directly or indirectly deprived himself of is connected with
some other scheme of financial aid or subsidy for pensioners that is
run by the Government of Malta or on its behalf, the provisions of
this paragraph shall not apply in respect of such aid or subsidy.
4. In calculating the means of a married couple for the
purposes of awarding an Age Pension, account shall be taken of the
property including any settlement of property in trust (excluding
the house of residence) belonging to the couple or the income that
is being received or that could be received, by each of the couple
Provided that where there is no community of acquests
between them either because such community of acquests was
excluded by contract or because it was dissolved as a result of their
legal separation, account shall only be taken of the property
belonging to, or the income that is being received or that could be
received by each of the couple, so however that in the case where
such married couple is de facto separated, account shall be taken
of
(a) the property belonging to the community of acquests;
and
(b) only the income that is being received or that could be
received by the claimant
Provided further that each of the couple in respect of whom
the foregoing proviso applies shall be entitled to receive the rate
applicable to a single or widowed person in accordance with Part II
of the Sixth Schedule as abated by the weekly means attributable to
each one of them.
5. Where a person is divorced or is a married person who is
legally or de facto separated from the other spouse proves to the
satisfaction of the Director that any sum is being paid to that
person’s spouse or former spouse as an integral condition of their
separation or divorce, that sum shall be deducted when calculating
such person’s means.
PART V
SOCIAL SECURITY
Severe Disability Assistance, Disability Assistance and Assistance for
the Visually Impaired
(Deleted by VII.2022.41)
PART VI
Social Assistance
1A. In calculating the means for the purposes of article 30
account shall be taken of any property, income or privilege as
indicated in paragraph 1 of Part II of this Schedule; so however that
no account shall be taken of the first €470 by way of earnings
derived by any person from the carrying out of hand knitting, lace
making, crochet and embroidery activities at home, and the
manufacture of which does not involve any mechanical processes;
and where the limit laid down in the proviso to paragraph 1(a) of
Part II of this Schedule is exceeded, the person making a claim for
Social Assistance shall be deemed not to be entitled to such
assistance.
1B. In calculating the means for the purposes of article 30 no
account shall be taken of net earnings derived by a self-occupied
homeworker, as defined in article 2, if such net earnings do not exceed
35% of the National Minimum Wage as is applicable to persons of
eighteen years of age or over as established by a National Standard
Order issued under the Employment and Industrial Relations Act;
and where the limit laid down in the said proviso to paragraph 1(a) of
Part II of this Schedule is exceeded, the person making a claim for
Social Assistance shall be deemed not to be entitled to such assistance.
2. The means accruing or which accrue from any property,
income or privilege as is described under Part II of this Schedule
shall be calculated in the manner laid down in paragraphs 2 to 5 of
the said Part II; so however that notwithstanding the provisions of
paragraph 4(b) thereof, account shall be taken of any Social
Assistance and, or pension, if any, already being paid under this
Act to the same head of household and the spouse of such head of
household, if any, at the time when the claim for such assistance is
made.
3. In calculating the income or privilege which is, or could be
received or enjoyed by any member of the household, who is not
the head of household, as aforesaid in this Part, no account shall be
taken of the income from
(i)
a gainful activity; or
(ii) Unemployment Benefit.
PART VII
Children’s Allowance and Disabled Child Allowance
1. In calculating the means for the purposes of article 76
account shall be taken of the income derived from any property
including any settlement of property in trust, which is invested or
put to profitable use, excluding furniture, jewellery and other
personal effects and any income or privilege, including any
SOCIAL SECURITY
entitlement to benefit under a trust or in whose favour a discretion
to distribute property, including income or privilege held in trust
may be exercised, which is or could be received or enjoyed by the
head of household and the spouse of such head of household. For
this purpose, such privilege shall include any pre-tax profits,
whether distributed or not, held in any company or other
commercial enterprise of which the head of household and his or
her spouse are shareholders or owners, unless the Director is
satisfied that such pre-tax profits could not reasonably be made
available or enjoyed by the head of household and the spouse of
such head of household
Provided that any such income that has to be taken into
account for the purposes of this Part in accordance with the
foregoing provisions of this paragraph shall include any income or
privilege which the head of household and the spouse of such head
of household, as the case may be, and as aforesaid in this Part, had
directly or indirectly deprived himself of, or deprived themselves
of, in order to become entitled to an allowance or to become so
entitled at a more advantageous rate.
2. In calculating the income or privilege which is, or could be
received or enjoyed by the head of household and the spouse of
such head of household no account shall be taken of
(a) any allowance paid under articles 69, 76 and 77;
(b) any medical assistance paid under articles 20, 21 and
22;
(c) any injury grant or injury pension paid under article
29;
(d) any allowance paid to a widow or widower in terms of
the provisions of article 31;
(e) contributions paid under this Act as from the 1st
January, 1996; and
(f)
in the case of a first child, any income or privilege
which is received or enjoyed prior to the date of
marriage or the date of co-habitation, so however that
in the case of single parents the period of assessment
shall commence as from the first day of the month
preceding the date of birth of the child by nine months.
3. A head of household who is in receipt of social assistance
or of an age pension under this Act shall be deemed not to have any
means for the purposes of calculating any income in terms of this
Part.
4. (a) For the purposes of this Part the means taken for
income assessment purposes shall be those accruing
during the calendar year preceding the first Saturday in
July of the year in which the claim is made.
(b) Notwithstanding any change in circumstances such
means shall be deemed to satisfy the conditions of the
applicable scale rates in accordance with the
Fourteenth Schedule, up to the last Friday preceding
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the first Saturday in July of the year following the
calendar year in respect of which such means were
taken for assessment purposes
Provided that in the event of the demise of the head of
household or the spouse of such head of household, the surviving
spouse or the person deemed to be so in terms of article 82(2) shall
be entitled to elect, if it is more beneficial to the surviving spouse
that for the purposes of this Part, the entitlement to an allowance of
the surviving spouse is re-assessed with effect from the first
Saturday following the demise of the spouse, and that such re-
assessment shall take into consideration only the current means and
income; so however that such request for a re-assessment may only
be made within six months from the date of the demise of the
spouse
Provided further that in the case of a person who is in
receipt of a pension (whether paid under this Act or not) and who is
not gainfully occupied, the yearly means taken for the purposes of
this Part shall be the current yearly means accruing to the head of
household and the spouse of such head of household
Provided further that in the case of a married couple where
any of the spouses is no longer gainfully occupied, the head of
household shall be entitled to elect, if it is more beneficial to him or
her, that for the purposes of this Part his or her entitlement to an
allowance is re-assessed with effect from the first Saturday
following the cessation from a gainful occupation of the other
spouse, and that such re-assessment shall take into consideration
only the current means and income of such household. So however
that such request for a re-assessment may only be made within six
months from the date of the cessation from such gainful occupation
by the spouse.
5. For the purposes of this Part "spouse" shall include such
person who, in the opinion of the Director, is living with the head
of household as if that person were the lawfully wedded spouse of
such head of household, during any period in which an allowance
under this Part is being, or could be, paid to the head of household
under the provisions of this Act.
PART VIII
Supplementary Allowance
1. In calculating the means for the purposes of article 73
account shall be taken of the income derived from any property
including any settlement of property in trust which is invested or
put to profitable use, excluding furniture, jewellery and other
personal effects, and any income or privilege which is received or
enjoyed by the head of household and the spouse of such head of
household, including any entitlement to benefit under a trust or in
whose favour a discretion to distribute property, including income
or privilege, held in trust may be exercised, if any.
2. In calculating the income or privilege which is or could be
received or enjoyed by the head of household and the spouse of
such head of household no account shall be taken of
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(a) any medical assistance paid under articles 20, 21 and
22;
(b) any injury grant or injury pension paid under article
29;
(c) contributions paid under this Act; and
(d) 84.3% of the total net income or of any privilege, benefit
or allowance or of any excess pension which is being, or
could be, received or enjoyed by a member of the
household other than the head of household or the
spouse of such head of household, and for this purpose
the total net income, privilege, benefit, allowance or
excess pension shall be reduced by any income tax
payments made by the person concerned in accordance
with the Income Tax Act , and the term "excess pension"
shall mean any pension over the national minimum
pension, inclusive of the additional allowance,
according to claimant’s marital status as is specified in
the Twelfth Schedule
Provided that, the provisions of paragraph (d) do not
apply with effect from 1 st January 2020, or thereafter so
that from this date no part of such income is taken into
account.
3. A head of household who is in receipt of social assistance or
of an age pension under this Act shall be deemed not to have any
means for the purposes of calculating any income in terms of this
Part.
4. For the purposes of this Part in the case of a head of
household who is in receipt of a pension (whether paid under this Act
or not), any income, or any privilege, benefit or allowance derived by
any member, not being the head of household or the spouse of such
head of household shall not be taken into account.
5. (a) For the purposes of this Part, the means taken for
income assessment purposes shall be those accruing
during the calendar year preceding the first Saturday in
July of the year in which the claim is made.
(b) Notwithstanding any change in circumstances, such
means shall be deemed to continue to satisfy the
conditions of the applicable scale rates in accordance
with the Fourteenth Schedule to this Act, up to the last
Friday proceeding the first Saturday in July of the year
following the calendar year in respect of which such
means were taken for assessment purposes
Provided that in the event of the demise of the head of
household, the surviving spouse or the person deemed to be so in
terms of article 82(2), shall be entitled to elect, if it is more beneficial
to that person, that for the purposes of this Part entitlement to an
allowance is re-assessed with effect from the first Saturday following
the spouse’s demise and that such reassessment shall take into
consideration only the current means and income; so however that
such request for a re-assessment may only be made within six months
from the date of the demise of the spouse
Provided further that in the case of a person who is in receipt
of a pension (whether paid under this Act or not), and who is not
gainfully occupied, the yearly means taken for the purposes of this
Part shall be the current yearly means accruing to the head of
household and the spouse of such head of household, if any.
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6. For the purposes of this Part "spouse" shall include such
person who, in the opinion of the Director, is living with the head of
household as if such person were the lawful wedded spouse of the
head of household, during any period in which a Supplementary
Allowance is being, or would be, accorded to the head of household
under the provisions of this Act.
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