Cap. 318 Art. 69Orphan’s Allowance and Orphan’s Supplementary Allowance.

(1) Any person who has the care of a child of another person shall, if both parents of the child are dead and at least one of the parents was an insured person and a citizen of Malta at the time of his death, be entitled to an Orphan’s Allowance in accordance with Part IV of the Third Schedule to this Act, in respect of each such child.

(2) Any person who has the care of the son or daughter of another person shall, if both parents of the said son or daughter are dead and at least one of the parents was an insured person and a citizen of Malta at the time of his death, be entitled to an Orphan’s

Supplementary Allowance in accordance with Part V of the Third

Schedule to this Act, in respect of each such son or daughter if such son or daughter is -

(a) aged between 16 years and 21 years; and

(b) not following any gainful occupation the gross earnings of which exceed a weekly average equivalent to the difference between the equivalent of the national minimum wage as is applicable to persons of 18 years of age or over established by a National Standard Order issued under the Employment and Industrial

Relations Act during the period in respect of which such Orphan’s Supplementary Allowance is due and the aforesaid weekly rate of Orphan’s Supplementary Allowance.

(3) Where the gross earnings referred to in sub-article (2) exceed the weekly average referred to in paragraph (b) of the said sub-article (2), the weekly rate of the Orphan’s Supplementary Allowance referred to in the said sub-article (2) shall be abated by such an amount as shall ensure that the total of such average weekly gross earnings and any Orphan’s Supplementary Allowance payable under this article do not exceed the equivalent of the aforesaid national minimum wage, sohowever that with effect from 1st January 2018, the provisions of sub-article (3) shall cease to be applicable.

(4) Where a person is in receipt of an Orphan’s Allowance payable under sub-article (1), such person shall also be entitled to receive the allowance which is payable in terms of article 76 in respect of the same child, as long as he is entitled to such allowance in terms of the articles aforesaid.

(5) For the purposes of this article, the provisions of article 80(2) (excluding its proviso) and of articles 81 and 83 shall apply mutatis mutandis.