Cap. 318 ст. 30Unemployment Benefit, Special Unemployment Benefit and Social Assistance.

(1) Subject to the provisions of this Act, a person who satisfies the relevant contribution conditions and who has not yet reached pension age, shall be entitled to Unemployment Benefit in accordance with Part I of the Third Schedule to this Act for any day of unemployment, excluding Sundays, provided he is registered in the Register kept in accordance with the provisions of the

Employment and Training Services Act; sohowever that where the insured person is the head of household whose total weekly means

(taking account of all the members of the household) calculated in accordance with Part VI of the Second Schedule to this Act do not exceed the scale rate for that household, as determined by the relevant column of Part I of the Sixth Schedule to this Act, such insured person shall be entitled to Special Unemployment Benefit in accordance with Part I of the Third Schedule to this Act in lieu of

Unemployment Benefit; and whether such head of household has been in insurable employment or not, he shall nonetheless be entitled to Social Assistance in accordance with the provisions of this article:

Provided that -

(i) where a person in respect of whom this sub-article applies becomes self-occupied under and in accordance with the provisions of any of the

Manpower Incentive Schemes announced by Government, he shall nonetheless remain entitled to the assistance aforesaid during the first twenty-eight weeks of his becoming self-occupied if -

(a) on the day of his becoming self-occupied he is over eighteen years of age but under sixty years of age; and

(b) during the twelve consecutive months immediately prior to the day on which he becomes self-occupied he had been registered under Part One of the Register as aforesaid in this sub-article;

(ii) where a person becomes entitled to Unemployment Benefit or Special Unemployment Benefit as aforesaid in this sub-article, if his spell of unemployment extends into a new benefit year which is related in terms of the Eleventh Schedule to this Act to two consecutive contribution years during which less than 20 contributions had been paid or credited in his respect, such person shall, nonetheless, but save as provided for in sub-article (2), remain entitled to Unemployment Benefit or Special Unemployment Benefit, as the case may be, till the last day of such spell of unemployment;

(iii) where a person in respect of whom this article applies, becomes engaged in voluntary community work or engaged in any public works under any scheme announced by Government for persons who are registering for work, such person shall, nonetheless, remain entitled to the assistance for the duration of such engagement;

(iv) with effect from 1st January, 2015, a person in respect of whom sub-article (1) applies, who has not yet reached the age of 23 years, is obliged to participate in the Youth Guarantee Scheme under the supervision of the Ministry responsible for Employment: Provided further that and notwithstanding the provisions of article 90, with effect from 1st January 2023, the provisions of this article shall also apply to a widow who is in receipt of a pension under Part IV of this Act, who is in an insurable employment, and who has not yet reached pension age;

(2) Subject to the provisions of this Act, a person in respect of whom sub-article (1) applies shall only be entitled to receive Unemployment Benefit or Special Unemployment Benefit under this article up to a maximum of 156 benefit days; sohowever that, the grand total of benefit days by way of such benefit or Sickness Benefit added together shall, in no case, exceed at any time the grand total number of reckonable contributions paid by the person concerned: Provided that -

(i) where his entitlement to such benefit is exhausted he shall not requalify for such benefit before the lapse of an aggregate period of thirteen calendar weeks in insurable employment since the last day of his receiving such benefit; and

(ii) when his entitlement to such benefit is not exhausted but is less than 156 days and he has not been in insurable employment thereafter for at least an aggregate period of thirteen calendar weeks, he shall only be entitled to receive the difference resulting between his original entitlement and the number of benefit days already received by way of such benefit.

(3) For the purposes of this article a person shall not be deemed to be unemployed on any day (even though he may be, on any such day, registered in the Register kept in accordance with the provisions of the Employment and Training Services Act)-

(a) if he is following any gainful occupation on that day or has done work for which remuneration is ordinarily payable, whether or not any remuneration has in fact been received;

(b) if he is on holiday;

(c) if, notwithstanding that his employment has come to an end or has been interrupted, he receives, in respect of that day, wages or any payment by way of compensation for the loss of the remuneration which he would have received for that day if the employment had not come to an end or been interrupted;

(d) if he does not ordinarily work on every day of the week (excluding Sundays and public holidays) and has, in the week in which the said day falls, been employed or self-occupied to the full extent normal in his case.

(4) A person who is the head of household and who is -

(a) incapable of work by reason of a serious disease or bodily or mental impairment and would, but for this incapacity, have been gainfully occupied or registered as unemployed in the Register kept in accordance with the provisions of the Employment and Training

Services Act: Provided that such disability or condition is confirmed by the medical panel appointed in accordance with the dispositions of article 106 in accordance with the

Impairment Tables Regulations, the payment shall increase in accordance with the dispositions of Part I of the Sixth Schedule; or

(b) certified by the Corporation established by the Employment and Training Services Act, to be unemployable; or

(c) over pension age, shall also be entitled to receive Social Assistance under and in accordance with the provisions of this article notwithstanding the fact that he is not registered as an unemployed person as aforesaid in sub-article (1).

(5) A head of household who -

(a) is registered in the Register kept in accordance with the provisions of the Employment and Training Services Act; or

(b) has in terms of article 13(3) of the Employment and

Training Services Act, forfeited his right to register in the said Register, and who, had he been registered in the said Register, would have been entitled in accordance with this article to social assistance, shall nonetheless be entitled to apply for social assistance and have his application referred by the Director to the Board established under article 128, and if the Board shall determine that social assistance is due to any person on behalf of that household as provided in article 129, then the person so designated by the Board shall become entitled to social assistance at such rate as the Board may, in accordance with the provisions of the said article 129, determine: Provided that, no such claim will be accepted unless the head of household proves to the satisfaction of the Director, in such manner as the Director may determine, that such head of household is not gainfully occupied.

(6) Subject to the provisions of this Act, the Social Assistance to which a head of household is entitled shall be such weekly amount as will bring the total weekly means of all the members of his household, who are neither employed persons nor self-occupied persons in terms of this Act, calculated in accordance with Part VI of the Second Schedule to this Act, up to the scale rate of that household, as determined by Part I of the Sixth Schedule to this Act; sohowever that -

(a) where in the household there are members, not being the head of household and his wife, who are either employed persons or self-occupied persons in terms of this Act, such weekly amount of Social Assistance shall be reduced by the difference obtaining between the scale rate that would otherwise had been applicable to the household had such members not been employed persons or self-occupied persons as aforesaid in this sub-article and the scale rate that is in fact applicable to the household in respect of all the other members of the household: Sohowever that the provisions of this sub-paragraph do not apply in respect of an insurable employment with effect from 2nd January, 2016 or thereafter; and

(b) where the head of household is entitled to Social Assistance by reason of his being registered under Part One of the Register referred to in sub-article (1), such Social Assistance shall be payable on a daily basis; and, for this purpose, such daily rate of assistance shall be arrived at by dividing the aforesaid weekly rate of such assistance by six, but no such assistance shall be payable in respect of Sundays: Provided that -

(i) if there are special circumstances in any household the weekly amount of Social Assistance may be increased by the Director as may be appropriate to meet those circumstances; and

(ii) a head of household in receipt of Social Assistance in accordance with the provisions of this article, who is engaged as a trainee by the Corporation established under the Employment and Training Services Act on a rehabilitation programme for ex-substance abusers shall, in addition to the allowance paid by the Corporation during the programme of training, be entitled to receive such rate of Social Assistance so as to ensure that the total amount received does not exceed the National Minimum Wage as is applicable to a person of eighteen years of age or over in accordance with a National Order issued under the Employment and Industrial Relations Act;

(iii) a head of household, reaching the age of twenty-three (23) or over, who is in receipt of Social Assistance in accordance with the provisions of this article, who is enrolled in the University of Malta or MCAST course of studies, shall be entitled to receive such rate of Social Assistance and stipend so as to ensure that the total amount received does not exceed the National Minimum Wage as is applicable to a person of eighteen (18) years of age or over in accordance with a National Order issued under the Employment and Industrial Relations

Act;

(iv) where two or more persons have been housed together in the community as part of a rehabilitation programme for ex-inmates of a state-owned hospital for mental diseases on the recommendation of the Mental Health Review Tribunal established under the Mental Health Act, the Director shall consider each of such persons as forming a household on his own; sohowever that, where any such person is gainfully occupied notwithstanding the foregoing provisions of this sub-article, he shall be entitled to social assistance in accordance with the provisions of this article even if he is not registered as an unemployed person as aforesaid in sub-article (1); and where such person is gainfully occupied, notwithstanding the provisions of the foregoing provisions of this sub-article, he shall be entitled to such weekly amount by way of social assistance so as to ensure that his total weekly means, calculated in accordance with Part VI of the Second Schedule to this Act, together with the scale rate as applicable in terms of this paragraph and as determined by Part I of the Sixth Schedule to this Act do not exceed 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 assistance is due; and

(v) where a member, other than the head of household and his wife, is an employed person or a self-employed person or a self-occupied person, if his gross wage or gross income or his gross earnings, as the case may be, does not exceed 35% 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 Social Assistance is due, such a member shall, for the purposes of this sub-article, not be deemed to be an employed person or a self-employed person or a self-occupied person; and

(vi) where the head of household is engaged under a scheme in accordance with paragraph (iii) of the proviso to sub-article (1), then the rate of assistance for such household in accordance with Part I of the Sixth Schedule is to be increased to seventy-five percent (75%) of the national minimum wage as 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: Provided further that, where any member of the household becomes gainfully occupied as a result of any of the Manpower Incentive Schemes announced by Government, such member shall not, for the purposes of awarding and calculating any Social Assistance due to the head of household under this article, be deemed to be an employed person or a self-employed person as aforesaid in this article during the first 28 weeks of his entitlement to any benefit, income, privilege or grant accruing to him under any of the Schemes as aforesaid, and any such benefit, income, privilege or grant shall not be taken into account during the aforesaid 28-week period;

(vii) where a person, who is in receipt of Social Assistance for a minimum of two years in the three years preceding the claim, partakes in insurable employment, the entitlement for Social Assistance shall not cease, and that person shall be entitled to 65% of the rate for the first year, to 45% of the rate for the second year and 25% of the rate for the third year. The employer shall be entitled to 25% of the rate for every year for a maximum of three years. The differences of 10% for the first year, 30% for the second year and 50% for the third year shall be transferred to a training fund set up for this purpose: Provided that, notwithstanding the provisions of this sub-paragraph (vi), with effect from 1st January, 2015, where the head of household is a single parent with children under the age of 23 living in the same household, the said head of household shall not have to satisfy the requisite of being in receipt of Social Assistance for two years in the last three years: Provided further that, notwithstanding the provisions of this sub-paragraph (vi), with effect from 1st January 2018 where a person, who is in receipt of Social Assistance for a minimum of one year in the three years preceding the claim, partakes in insurable employment, the entitlement for Social Assistance shall not cease, and that person shall be entitled to 65% of the rate applicable for the first year, to 45% of the rate applicable for the second year and 25% of the rate applicable for the third year. The employer shall be entitled to 25% of the rate applicable for every year for a maximum of three (3) years: Provided further that notwithstanding the provisions of this sub-paragraph, with effect from 1st January 2023 when a person, who has been in receipt of Social Assistance for more than one (1) year in the three (3) years preceding the claim, and partakes in insurable employment, the entitlement for Social Assistance shall not cease immediately, however that person shall still be entitled to seventy-five percent (75%) of the rate applicable for the first (1) year, to fifty-five percent (55%) of the rate applicable for the second (2) year and thirty-five percent (35%) of the rate applicable for the third (3) year. The employer shall be entitled to twenty-five percent (25%) of the rate applicable for every year for a maximum of three (3) years;

(viii) with effect from 1st January, 2015, a person who is in receipt of Social Assistance for a minimum of two years in the three years preceding the claim and who contracts a marriage or a civil union with a person engaged in a gainful occupation, shall not forfeit the right for Social Assistance but will be entitled to 65% of the rate for the first year, 45% of the rate for the second year and 25% of the rate for the third year:

Provided that, notwithstanding the provisions of this sub-paragraph, with effect from 1st January 2018, a person who is in receipt of Social Assistance for a minimum of one year in the three years preceding the claim and who contracts a marriage or a civil union or a cohabitation in accordance with the terms and provisions of the Cohabitation Act, with a person engaged in an insurable occupation, shall not forfeit the right for Social Assistance but will be entitled to 65% of the rate applicable for the first year, 45% of the rate applicable for the second year and 25% of the rate applicable for the third (3) year: Provided further that notwithstanding the provisions of this sub-paragraph, with effect from 1st January 2023, a person who is has been in receipt of Social Assistance for more than one (1) year in the three (3) years preceding the claim and who contracts a marriage or a civil union or a cohabitation in accordance with the terms and provisions of the Cohabitation Act with a person engaged in an insurable employment, the entitlement for Social Assistance shall not cease immediately, however that person shall be entitled to seventy-five percent (75%) of the rate applicable for the first (1) year, to fifty-five percent (55%) of the rate applicable for the second (2) year and to thirty-five percent (35%) of the rate applicable for the third (3) year.

(7) Where the head of household is a single parent who is unable to take up a full time gainful occupation as he has to take care of his own child, he shall be entitled to social assistance in accordance with the provisions of this article even if he is not registered as an unemployed person as aforesaid in sub-article (1); and where such single parent is gainfully occupied, notwithstanding the provisions of sub-article (6), he shall be entitled to such weekly amount by way of social assistance so as to ensure that his total weekly means, calculated in accordance with Part VI of the Second Schedule to this Act, together with the scale rate as applicable to a household of two persons, as determined by Part 1 of the Sixth Schedule to this Act do not exceed the national minimum wage as is applicable to persons of 18 years of age or over established by a national standing order issued under the Employment and Industrial Relations Act during the period in respect of which assistance is due.

(7A) (i) Notwithstanding the provisions of sub-article (7), with effect from 1st January, 2015, the head of household who is a single parent with children under the age of 23 living in the same household, will be able to participate in a gainful occupation and benefit from the provisions of sub-article (6)(vi), sohowever that the difference of 10% in the first year, 30% in the second year and 50% in the third year shall not be transferred to the Training Fund.

(ii) With effect from 1st January, 2015, where the child is over the age of one year, the head of household who is a single parent under the age of 23 and not engaged in a gainful occupation, is obliged to participate in the Youth Guarantee under the supervision of the Ministry responsible for Employment, in order to maintain the right for Social Assistance. (8) Deleted by: XVI. 2017.29.

(9) Any member of a household who is admitted into a therapeutic community centre for the rehabilitation of drug or alcohol addicts in Malta as may from time to time be recognised by the Minister for the purpose of this sub-article, and who as a result of such admittance into such a therapeutic centre becomes entitled to assistance under this article, shall be entitled to receive an allowance at the applicable rate in accordance with Part 1 of the Fourteenth Schedule of this Act for as long as he is resident of a centre as aforesaid and provided no change of circumstances takes place in this respect. (10) Revoked by Act II. 2004.21.

(11) The Director may, if he so deems fit in the circumstances of the case, take proceedings before the competent Civil Court against any of the following persons:

(a) any person by whom maintenance is due to any person in respect of whom Social Assistance is claimed or received under this article (other than sub-article (8) thereof); or

(b) such relatives being the spouse, father, mother, sons or daughters as the case may be, of any person in respect of whom Social Assistance is claimed or received under this article (other than sub-article (8) thereof), to compel them to refund any such assistance that is paid to or on behalf of such person and the court shall order the refund of any sum paid as Social Assistance up to such sum as would have been due by such relatives or relative had the person to whom Social Assistance is paid had claimed maintenance from such relatives in accordance with the provisions of the Civil Code: Provided that notwithstanding that the person in respect of whom Social Assistance has been paid by the Director may have in a contract of personal separation renounced to the right to maintenance from his or her spouse, the Director may still claim refund under this sub-article from the spouse of the person to whom Social Assistance has been paid, and such spouse shall be liable to refund such Social Assistance to the full extent as if such renunciation had not taken place, unless it is proved to the satisfaction of the Director that the party to whom Social Assistance has been paid has been guilty of adultery or has abandoned the other spouse as provided in articles 38 and 41 of the Civil Code.