Cap. 614 ст. 13Rights of cohabitants. Cap. 16.       Cap. 318.  Cap. 318.     Cap. 318.   Cap. 318.   Cap. 318.    Cap. 318.    Cap. 318.   Cap. 318.  Cap. 318.  Cap. 318.  Cap. 318.

(1) A cohabitant shall enjoy from the rights listed under sub-article (2), and from other rights referred to in any other law as being applicable to cohabitants.

(2) The rights conferred to a cohabitant are the following, namely that the said cohabitant:

(a) shall have, without prejudice to the provisions of this Act, the right of habitation in the cohabitation home;

(b) shall be considered as a tenant for all intents and purposes of the law with regard to any lease of the cohabitation home constituted by contract by either of the cohabitants, after the drawing up of the public deed of cohabitation in accordance with this Act;

(c) 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, whether rights found in primary and subsidiary laws or under codes and working practices, excluding however the right of leave to accompany one’s partner to courses sponsored by the government abroad;

(d) shall have the right to take all decisions relating to the medical care of the other cohabitant;

(e) without prejudice to the provisions of the Civil

Code shall have, in the event that one of the cohabitants dies during the cohabitation, the right of habitation for twelve (12) months over the cohabitation home, where the said cohabitation home is held in full ownership or emphyteusis by the deceased cohabitant, either separately or jointly with the surviving cohabitant:

Provided that, this right of habitation shall cease, if the survivor contracts a marriage, civil union or enters into cohabitation with another person:

Provided also that, the right conferred in this paragraph shall subsist even where such right has the effect of reducing during the said period, the reserved portion due to any other person;

(f) 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 if they were spouses in marriage in accordance with article 30 of the Social Security Act;

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

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

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

Security Act;

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

Act;

(k) 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 paid, or could be paid;

(l) 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;

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

(n) shall have the right to the supplementary allowance under article 73 of the Social Security Act;

(o) shall have the right to children’s allowance under articles 76, 80, 81 and 82 of the Social Security Act;

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

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

(r) shall have the right to have their dependent children live with the cohabitees in the cohabitation home, as the case may be, unless otherwise provided by an order of the competent Court.