Statutory schemes of social security (Directive 79/7)

• Author: Romina Bartolo
• Pages: 41-42

41

7Statutory schemes of social security (Directive 79/7)

7.1General (legal) context

7.1.1Surveys and reports on the practical difficulties linked to statutory schemes of social

security (Directive 79/7)

No relevant surveys or reports have been published.

7.1.2Other relevant issues

The Social Security Act applies to all persons who work for an employer for eight hours or

more per week. This may have the effect of ruling out of its operation (and protection)

many female workers who work few hours with the same or several employers per week

(for example, as a home help).

7.1.3Overview of national acts

The Social Security Act establishesa scheme of social security and consolidates with

amendments existing provisions concerning the payment of social insurance benefits,

pensions and allowances, social and medical assistance, non-contributory pensions and

the payment of social insurance contributions by employees, employers, self-employed

people and the state.

7.1.4Political and societal debate and pending legislative proposals

There are no current debates or pending legislative proposals to report.

7.2Implementation 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.

7.3Personal scope

The personal scope of national legislation is the same as Article 2 of Directive 79/7.

7.4Material scope

The material scope is the same as Article 3(1) and (2) of Directive 79/7.

7.5Exclusions

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 under 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, which came into force on 4 December 2015, stipulates 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 for a pension. Whereas before, the pension payable

to the wife ceased to be payable, the amendment stipulates that where a married couple