Government Notices published in Govt. Gazette no 20,631 of 25th May 2021

IT is notified for general information that, acting on the advice of the Prime Minister, the President of Malta has directed that the Hon. Chris Fearne, MD, FRCS(Ed), MP, Deputy Prime Minister and Minister for Health, assumes the additional duties of the Prime Minister on Monday, 24th May, 2021, during the absence from Malta of the Hon. Robert Abela, KUOM, BA, LLD, Adv. Trib. Melit., MP.

IT is notified for general information that the following Act is published in the Supplement to this Gazette:

Act No. XXIII of 2021 entitled the Minor Protection (Alternative Care) (Amendment) Act, 2021.

IT is notified for general information that the following Legal Notices were published in the Supplement to the Government Gazette No. 20,627 of 18th May, 2021 and No. 20,630 of 21st May, 2021, respectively.

L.n. 213 of 2021: Income Tax Act (Cap. 123); Cooperation with Other Jurisdictions on Tax Matters (Amendment) Regulations, 2021.

L.n. 214 of 2021: Retirement Pensions Act (Cap. 514); Retirement Pensions (Control of Assets) (Amendment) Regulations, 2021.

L.n. 215 of 2021: Consumer Affairs Act (Cap. 378); Consumer Alternative Dispute Resolution (Residual ADR) (Amendment) Regulations, 2021.

L.n. 216 of 2021: Authority for Transport in Malta Act (Cap. 499); Passenger Transport Services (Amendment) Regulations, 2021.

L.n. 217 of 2021: Environment Protection Act (Cap. 549); Prevention and Remedying of Environmental Damage (Amendment) Regulations, 2021.

L.n. 218 of 2021: Environment Protection Act (Cap. 549); Conservation of Wild Birds (Declaration of a Derogation for the Control of Sturnus vulgaris and Columba livia) Regulations, 2021.

L.n. 219 of 2021: Public Health Act (Cap. 465); Closure of Food and Drink Outlets (Amendment No. 5) Regulations, 2021.

L.n. 220 of 2021: Public Health Act (Cap. 465); Closure of Places Open to the Public (Amendment No. 5) Order, 2021.

L.n. 221 of 2021: Public Health Act (Cap. 465); Regulations on Sport Activities (Amendment), 2021.

Appointment of the Commissioner and Members of the National Commission for the Promotion of Equality

IN exercise of the powers conferred by Article 11 of the Equality for Men and Women Act (Cap. 456), and for the purpose of the Act, the Prime Minister has appointed the Commissioner and the members of the National Commission for the Promotion of Equality as follows:

Commissioner

Ms Renee Laiviera

Members

Ms Claudine Borg

Ms Lorraine Spiteri

Ms Mary Galea Debono

Mr Mario Mallia

Prof. Mark Anthony Falzon

The above appointments are valid for two (2) years starting from 23rd January, 2020.

Members

Mr Adam Scerri

Ms Samantha Pace Gasan

The above appointments are valid for two (2) years starting from 17th May, 2021.

IT is being notified for general information that in accordance with the Commissioners for Justice Act (Cap. 291), the Prime Minister approved the renewal of appointment as Commissioner for Justice of Dr Amanda Vella for a period of two years with effect from the 22nd May, 2021.

Declaration by the LANDS AUTHORITY

I hereby declare that the under-mentioned land, which is Government property, is required for a public purpose in accordance with the provisions of the Government Lands Act (Cap. 573) of the Laws of Malta.

Description of the Land

The following land at Ħal Luqa:

A plot of land measuring about 191 square metres, bounded on the North, on the  South and on the West by Government property or more precise boundaries and is registered on Authority records as part of tenement number 51693.

The above-mentioned land at Triq Ħal Qormi, Ħal Luqa is being terminated for the widening of a road.

The above-mentioned land is shown marked with the colour blue on plan P.D. 2021_0034, which may be viewed on demand at the Lands Authority, Auberge de Baviere, Valletta.

(Sgd) Dr John Vassallo

Chairperson of the Board of Governors of the Lands Authority

PROCLAMATION by the LANDS AUTHORITY

Whereas by the provisions of section 71 in accordance with the Government Lands Act (Cap. 573) of the Laws of Malta, the Board of Governors of the Lands Authority can for public purposes, declare that the land is subject to clearance rights or subsoil rights.

And whereas it is required that the property mentioned in this schedule is declared subject to subsoil rights.

Now, therefore, I, by means of the powers of section 71 of the mentioned Act, hereby declare that the property mentioned in this schedule is subject to subsoil rights.

Schedule

Land at Ħal Tarxien:

1. The mentioned subsoil rights consisting in the digging of a trench about 22 metres long, with variable depth and 0.85 metres wide and laying of services for an indefinite period, in a field of the area of about 457 metres square, which field is bounded on the North and on the South East by a public road and on the East by property of unknown owners.

2. The mentioned subsoil rights consisting in the digging of a trench about 28 metres long, with variable depth and 0.85 metres wide and laying of services for an indefinite period, in a field of the area of about 438 metres square, which field is bounded on the North and on the South East by a public road and on the East by property of unknown owners.

The above-mentioned land is shown on plan marked P.D. 2021_0090, which may be viewed on demand at the Lands Authority, Auberge de Baviere, Valletta.

(Sgd) Dr John Vassallo

Chairperson of the Board of Governors of the Lands Authority

In Work Benefit for Persons Carrying Out a Gainful Occupation Having Children Under the Age of 23 Years

The Minister for Social Justice and Solidarity, the Family and Children's Rights is extending the following scheme, which is aimed at encouraging persons with children under the age of 23 to participate in a gainful occupation and therefore reduce their dependancy on social benefits.

1. Definitions

In this scheme, unless the context requires otherwise:

“Minister" means the Minister responsible for the Department of Social Security;

“Director" means the Director General responsible for the Department of Social Security;

“Head of Household" shall have the meaning assigned to it under the Social Security Act (Cap. 318);

“Household" shall have the meaning assigned to it under the Social Security Act (Cap. 318);

“Insurable Employment" shall have the meaning assigned to it under the Social Security Act (Cap. 318).

2. Who is eligible for this Scheme

a. Families residing in Malta where both parents are carrying out a gainful occupation with earnings from such gainful occupation falling between €10,000 and €35,000 and where;

(i) the earnings of anyone of the parents does not fall below €3,000 and

(ii) the children in the same household have still not attained the age of 23 years

b. Single parent families residing in Malta carrying out a gainful occupation with earnings falling between €6,600 and €23,000 and where the children in the same household have still not attained the age of 23 years.

c. Families residing in Malta where one of the parents is in a gainful occupation with earnings from such gainful occupation falling between €6,600 and €26,000 and where the children in the same household have still not attained the age of 23 years.

3. How to acquire the right for this scheme

a. Through an application which is available from the website of the Department of Social Security (https://socialsecurity.gov.mt).

b. The Director reserves the right to request any documents or evidence as necessary to process the claims.

c. This benefit can be paid backdated by two calendar years from date of application.

d. This benefit may also be paid to those person whose amount of social security contributions paid when deducted, the net income will result less than the minimum threshold according to that category the family has applied for.

4. What does this scheme consist of

This scheme consists of:

The following applicable rates on a yearly basis as per indicated table:

In the case of working single parent an additional €80 per year is paid to the first eligible child in the €6,600 to €9,911 income brackets.

5. How shall this benefit be granted

a. By means of a bank deposit in a bank account indicated by applicant; or

b. By means of a cheque to the person who is the head of household.

6. Provision of false information and non-compliance with the provisions of the Social Security Act (Cap 318)

If a person:

a. Provides false information or fails to report to the Director any change in circumstances; or

b. Fails to comply with the provisions of the Social Security Act (Cap. 318) with the aim of obtaining or continuing to obtain this benefit by the beneficiary, the provisions of Part X of the Social Security Act (Cap. 318) shall be applicable.

7. Duration of the Scheme

The extended scheme shall enter into force on the 3rd January 2021 and shall remain in force until such date as the Minister may prescribe in the Government Gazette.

8. Amendments to the Scheme

The Minister may effect any necessary amendments to this scheme by publishing the said amendments in the Government Gazette.

Tapering of Social Assistance

The Minister for Social Justice and Solidarity, the Family and Children's Rights is hereby extending the scheme introduced with effect from 1 January 2014, which aim is to introduce persons who have been registering for more than one year under Part One of the Register maintained in accordance with the provisions of the Employment and Training Services Act and/or who are in receipt of Social Assistance as per Article 30 of the Social Security Act (Cap. 318) to partake in insurable employment.

This scheme is also applicable to the head of household, being a single parent and taking care of children under the age of 23 and being in receipt of Social Assistance as per Article 30 of the Social Security Act (Cap 318).

1) Definitions

In this scheme, unless the context requires otherwise:

“Minister" means the Minister responsible for Social Policy;

“Director" means the Director General responsible for the Department of Social Security;

“Head of Household" shall have the meaning assigned to it under the Social Security Act (Cap. 318);

“Household" shall have the meaning assigned to it under the Social Security Act (Cap. 318);

“Insurable Employment" shall have the meaning assigned to it under the Social Security Act (Cap. 318).

2) Who is eligible for this Scheme

a. The head of household who has been in receipt of any one of the following non-contributory social benefits for a minimum period of one year in the three years preceeding the claim; and the head of household being a single parent and taking care of children under the age of 23 and in receipt one of the following non-contributory benefits:

i) Social Assistance; or

ii) Unemployment Assistance.

b. Employers who decide to employ persons who are in receipt of one of the social benefits mentioned above.

3) How to acquire the right for this scheme

a. A beneficiary who is registering under Part One of the Register maintained in accordance with the provisions of the Employment and Training Services Act, and has been in receipt of the Unemployment Assistance for a minimum period of one year in the three years preceeding the claim.

b. A beneficiary in receipt of Social Assistance for a minimum period of one year in the three years preceeding the claim and who decides to partake in insurable employment.

c. A beneficiary, being the head of household who is a single parent and taking care of children under the age of 23.

d. A beneficiary who has been in receipt of Social Assistance for a minimum period of one year in the three years preceeding the claim and who enters into a marriage or civil union or enter into cohabitation, through a contract between both parties or by a unilateral declaration, which is confirmed and certified its legal validity under the terms and provisions of the Cohabitation Act (Chapter 571 of the Laws of Malta) with a person participating in a gainful occupation.

e. The Director may, from time to time, request any other document that may be required so that the claim may be processed, revised or renewed.

4) What does this scheme consist of

This scheme consists of the following:

a. A beneficiary of Social Assistance, or the spouse of such beneficiary, and who has been in receipt of this benefit for a minimum period of one year in the three years preceeding the claim, shall not forfeit the entitlement for Social Assistance and that the person shall still 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 and last year. The eligibility depends on the person's income being not less than the National Minimum Wage.

b. A beneficiary of Social Assistance, who is the head of household, being a single parent and taking care of children under the age of 23 and partakes insurable employment of not less than ten (10) hours per week at the hourly rate equivalent to the National Minimum Wage (€4.53), shall not forfeit the entitlement for Social Assistance, and that person shall still 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 and last year.

c. A beneficiary of Social Assistance, who has been in receipt of this benefit for a minimum period of one year in the last three years preceeding the claim, and enters a marriage or civil union or enter into cohabitation, through a contract between both parties or by a unilateral declaration, which is confirmed and certified its legal validity under the terms and provisions of the Cohabitation Act (Chapter 571 of the Laws of Malta), with an employed person whose income is equivalent to the weekly National Minimum Wage, shall not forfeit the entitlement for Social Assistance, and that person shall still 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 and last year.

d. The employer shall be entitled to 25% of the rate due for every year for a maximum period of three years and in accordance with paragraph (a) of this section.

e. The employer shall be entitled to 12.5% of the rate due for every year for a maximum period of three years if the beneficiary is employed on a part-time basis and in accordance with paragraph (b) of this section.

f. The employer shall not be entitled to any payments in respect of provisions of paragraph (c).

5) How shall this Assistance be granted

a. The percentages of payment as explained in Section 4, are to be calculated only on the main benefit (Social Assistance and Unemployment Assistance). In the case of Children's Allowance and Supplementary Allowance, employment income shall be calculated in terms of the provisions of Part VII and Part VIII of the Second Schedule of the Social Security Act (Cap. 318) respectively.

b. This scheme is applicable to both full-time and part-time employments. However the income shall not be less than the National Minimum Wage which amounts to €181.08 per week for 2021. This amount varies annually depending on the cost of living adjustment as awarded by the Government.

c. This scheme is applicable also to the head of household, being a single parent taking care of children under the age of 23 and the income exceeds the amount of €45.30 per week.

d. Persons are eligible for this scheme on a one time basis up to a maximum of three years. Nevertheless, if a person does not continue to benefit from this scheme for the full period of three years, the person shall still be eligible to benefit in future from this scheme for that remaining period.

e. Employers can benefit from this scheme in respect of every person employed by him or her and who is eligible in accordance with the conditions established in this government notice.

f. The percentages paid to persons who are self-occupied shall be identical to percentages paid to persons in insurable employment, as explained in Section 4 (a), (b) and (c).

6) Provision of false information and non-compliance with the provisions of the Social Security Act (Cap 318)

If a person:

a. Provides false information or fails to report to the Director any change in circumstances; or

b. Fails to comply with the provisions of the Social Security Act (Cap. 318) with the aim of obtaining or continuing to obtain this assistance from the beneficiary and the employer, the provisions of Part X of the Social Security Act (Cap 318) shall be applicable.

7) Duration of the Scheme

The scheme is being extended with effect from 1st January 2021 and shall remain in force until such date as the Minister may prescribe in the Government Gazette.

8) Amendments to the Scheme

The Minister may effect any necessary amendments to this scheme by publishing the said amendments in the Government Gazette.

THE Commissioner of Inland Revenue notifies that, on the date shown hereunder, the price of gold and silver on which valuations made by the Consul for Goldsmiths and Silversmiths are based has been fixed for the purposes of article 14 of the said Act as follows:

THE Commissioner of Police, in terms of articles 7 and 8 of the Private Guards and Community Officers Act 1996, hereby notifies that the following applications as mentioned hereunder have been received:

Application for licence of aPrivate Guard

Any person may, within one month from the publication of this notice, object in writing to the Commissioner about the issue of the above licences on any of the grounds listed in section 10 of the Private Guards and Community Officers  Act 1996, which are:

(a) where the applicant or any officer of the applicant or any person who has an effective control of the services to be provided by the applicant.

(i) has been convicted in Malta or elsewhere of any crime against the safety of the state, or of any crime of voluntary harm or injury to any person or any crime against property or public trust or any other serious crime; or

(ii) has been declared bankrupt or his financial position is precarious or otherwise renders the applicant unsuitable; or

(iii) has been discharged from the police or armed forces or the prison services because of any offence or other misbehaviour; or

(iv) is a public officer or a member of the police or armed forces or the prison services; or

(b) when information is available which is in the public interest; or

(c) where the applicant does not possess the necessary qualifications as may be prescribed by or under the Act.