Cap. 571 ст. 15Rightsconferredto the cohabitants.       Cap. 16.    Cap. 199.   Cap. 199. Cap. 16.     Cap. 318.   Cap. 318.  Cap. 318.    Cap. 318.   Cap. 318.   Cap. 318.    Cap. 318.   Cap. 318.   Cap. 318.   Cap. 318.

The rights conferred to the cohabitant registered under this

Act are the following, namely that the cohabitant:

(a) shall be considered as a tenant for all intents and purposes of the law with regard to any lease of the ordinary, primary, common home legally constituted by any one of the cohabitants, irrespective of the date of the constitution of the lease, as well as with regard to any commercial lease under the Civil Code:

Provided that the owner of the ordinary, primary, common home retains the right to refuse to renew the aforementioned contract constituted by any one of the cohabitants once that contract expires unless, in the case of a contract that is automatically extended the owner has sent an official letter giving prior notice that the said contract is not going to be extended;

(b) shall be considered as a tenant in respect of farmers’

rights and, or obligations and therefore as included in the definition of ‘lessee’ under article 2 of the

Agricultural Leases (Reletting) Act;

(c) shall be regarded as ‘family member’ for the enjoyment of all rights related to renewal of lease of land under the Agricultural Leases (Reletting) Act;

(d) shall be regarded as having the same rights granted to a person who is married or in a civil union in terms of rights related to labour and family, including various rights related to leave, as well as those rights found in primary and subsidiary laws as well as under codes and working practices, excluding however the right of leave to accompany one’s spouse to courses sponsored by the government abroad;

(e) shall be considered as the closest person to the cohabitant for all intents and purposes of the law;

(f) shall have the right to take decisions relating to the medical care of the other cohabitant: Provided that this sub-article shall not apply when any one of the cohabitants has declared, in writing, that such decisions should be taken by another person;

(g) shall have, in the event that one of the cohabitants dies intestate during the cohabitation, and the survivor is entitled for maintenance in the course of separation as agreed in the contract of cohabitation, the right to receive the amount equivalent to eighty percent of five years’ maintenance as stipulated in the contract of cohabitation in a lump sum as a legitimate portion, unless the contract of cohabitation does not expressly children: Provided further that any action under this article shall be brought forward by not later than twelve months from the opening of succession as registered according to this Act, and such action may only be brought by the surviving cohabitant;

(h) without prejudice to the provisions of the Civil Code, shall have, in the event of death of one of the cohabitants during the cohabitation, the right of habitation vita durante in the ordinary, primary, common home held jointly with the deceased: Provided that this right of habitation shall cease if the survivor contracts a marriage, civil union or enters into cohabitation with another person.

(i) shall have the right to be entitled to non-contributory social assistance when the cohabitant is a person who in the opinion of the director of social services is living with the head of the family as a spouse in marriage under article 30 of the Social Security Act;

(j) shall have the right to have an invalidity pension paid to the cohabitant if the said cohabitant is maintaining the other cohabitant under article 26 of the Social Security Act;

(k) shall have the right to a widow’s pension under articles 31 to 43 (both inclusive) of the Social Security Act;

(l) shall have the right, upon the death of the other cohabitant, to apply for a retirement pension if he is a person who is or was entitled to be maintained by the deceased under article 46 of the Social Security Act;

(m) shall have the right to payment of an age pension when both cohabitants qualify under article 66 of the Social Security Act;

(n) shall have the right to receive social benefits as a foster carer in accordance with article 76A of the Social Security Act;

(o) shall have the right to sickness assistance when the cohabitant is living with the head of the family during a period when such sickness assistance is being, or could be paid;

(p) shall have the right to unemployment benefit and to special unemployment benefit if the cohabitant is maintaining the other cohabitant in accordance with article 30 of the Social Security Act;

(q) shall have the right to maternity benefit and maternity leave benefit in accordance with articles 71 and 72 of the Social Security Act;

(t) shall have the right to allowance in respect of children in care under articles 76A, 80, 81 and 82 of the Social

Security Act;

(u) shall have the right to an allowance for disabled children under articles 77, 80, 81 and 82 of the Social

Security Act.