Cap. 318 Art. 80Limitation of applicability of Children’s and Supplementary Allowance. Re-numbered by: XXIV. 1993.2.

(1) Except as may be prescribed, an allowance payable under articles 73, 76, 76A and 79 shall not be granted unless the head of household, or the spouse -

(a) is a citizen of Malta; and

(b) resides in Malta and has so resided continuously in the three months immediately preceding the date on which the claim for an allowance is made:

Provided that where the head of household or the spouse, is deceased, and the one who is still alive is not a citizen of Malta, the condition set out in paragraph (a) shall be deemed to have been satisfied if the deceased was a citizen of Malta at the time of his death.

(2) Except as may be prescribed, an allowance under articles 73, 76, 76A and 79 shall not be payable in respect of any child or person not living in Malta:

Provided that with effect from the 1st day of November, 1974, where any person who has received the payment of an allowance for a full thirteen week period emigrates and takes along with him before the lapse of thirteen weeks from the date on which payment of such an allowance was due, the children in respect of whom such allowance was paid, the payment of such allowance for any period not exceeding twelve weeks from the date when the payment of such an allowance was due, shall be deemed as having been properly received by him:

Provided further that where any person has received the payment of an allowance under articles 76 and 79 for a full thirteen week period, prior to emigration and the total amount of allowance paid during the year in which the right to such benefit ceases amounts to less than the Fixed Children’s Allowance specified by Part VI of the Fourteenth Schedule, such person shall be entitled to receive the resulting difference between the amount paid and the Fixed Children’s Allowance.