Statutory schemes of social security (Directive 79/7)

AuthorRomina Bartolo
7 Statutory schemes of social security (Directive 79/7)
7.1 General (legal) context
7.1.1 Surveys and reports on the practical difficulties linked to statutory schemes of social
security (Directive 79/7)
No relevant surveys or reports have been published.
7.1.2 Other relevant issues
The Social Security Act applies to all persons who work for an employer for eight hours or
more per week. This m ay have the effect of ruling out of its operation (and protection)
many female workers w ho work few hours with the same or several employers per w eek
(for example, as a home help).
7.1.3 Overview of national acts
The Social Security Act establishes a scheme of social security and consolidates with
amendments existing provisions concerning th e payment of social insurance benefits,
pensions and al lowances, social and medical assistance, non-contributory pensions and
the payment of social insurance contributions by employees, employers, self -employed
people and the state.
7.1.4 Political and societal debate and pending legislative proposal s
There are no current debates or pending legislative proposals to r eport.
7.2 Implementation of the principle of equal treatment for men and women in
matters of social security
The Social Security Act , which is deemed to cover all the relevant risks and the general
principle of equality between men and women, is applied.
7.3 Personal scope
The personal scope of national legislation is the same as Article 2 of Directive 79/7.
7.4 Material scope
The material scope is the same as Article 3(1) and ( 2) of Directive 79/7.
7.5 Exclusions
In general, in the past, Maltese law has not addressed the exclusions referred to in Article
7(1) of Directive 79/7. However, the Government has declared its intention to abide by its
obligation un der the Directive to periodically examine the matter of the exclusions. For
example, the statutory scheme was in fact amended by the Social Security (Amendment)
Act of 2006 to provide for equal retirement ages and for the gradual (phased-in) increase
in the retirement age to 65 for both men and women.
Act 39 of 2015, whic h came into force on 4 December 2015, stipulat es different
entitlements for married persons depending on whether the spouse is a dependant or
otherwise. Moreover, the act amended the provision referring to a married couple in cases
where both husband and wife qualify f or a pension. Whereas before, the pen sion payable
to the wife ceased to b e payable, the amendment sti pulates that where a married couple

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