Mur Lura

Notices published in Govt Gazette No. 18,962 of the 4th September, 2012

01/01/2012

Directorate for Educational Services (DES)

Results of Interviews for Posts in the Directorate for Educational Services

(DES)

The Directorate for Educational Services (DES) notifies that the result of the interviews for the undermentioned posts may be viewed on the notice-board of the Directorate for Educational Services (DSE), Floriana, on the notice-boardof the Public Service Commission, The Palace, Valletta and on the notice-board of the Assistant Director of Education, Victoria, Gozo.

The posts are the following:

Supply Kindergarten Assistants

Supply Teachers (Arabic)

MINISTRY FOR HEALTH, THE ELDERLY AND COMMUNITY CARE

Result of Interview for Post of Higher Specialist Trainee (Orthopaedics)

in the Ministry for Health, the Elderly and Community Care

The Permanent Secretary notifies that the result of the interview for the above-mentioned post may be viewed on the main notice-board in the Ministry for Health, the Elderly and Community Care, 15, Triq il-Merkanti, Valletta, and on the notice-board of the Office of the Public Service Commission, The Palace, Valletta.

NAXXAR LOCAL COUNCIL

The Naxxar Local Council notifies that up to Saturday, 8th September 2012, the roads hereunder will be considered as a towing area and will not be accessible to traffic:

Pjazza Vittorja, Vjal il-21 ta’ Settembru (between Triq Żenqa and Triq Ħal Dgħejf) and Triq il-Ġdida (near playing field).

Part of Labour Avenue will be considered as a towing area on both sides.

Housing Authority

Subsidy on Interest on Loans for the purchase of the First Residence

With reference to the Subsidy on Interest on Loans for the purchase of the First Residence, published in the Government Gazette of the 30th November, 2007, the Housing Authority notifies the general public that with immediate effect this Scheme is being closed.

Housing Authority

Grant on Loan Repayment

With reference to the Subsidy whereby grants on loans repayment are given, published in the Government Gazette of the 28th November, 2008, the Housing Authority notifies the general public that with immediate effect this Scheme is being closed.

Housing Authority

Subsidy on Interest on Loans for the Purchase of the First Residence - 2012

1. Purpose of the Scheme

The aim of this Scheme is to assist those persons who would like to purchase their first residence from the private sector, by providing a subsidy on the rate of interest on the loans given by the commercial banks.

2. Definitions

2.1.unless otherwise stated, the masculine shall imply the feminine and the feminine shall imply the masculine and the singular shall imply the plural and the plural shall imply the singular;

2.2.the word “applicant” shall imply those who apply for the subsidy under this Scheme, and in the case of married couples who are not separated/divorced and engaged couples, means the married couples in solidum and the engaged couples in solidum;

2.3.the words “capital assets” include:

(a)Banks Accounts, fixed deposits and funds:

The applicants are obliged to sign a form giving their consent to the banks to forward this information to the Housing Authority;

(b) Businesses and Profits:

These will be verified through the VAT Department and the Trading Licence Department;

These will be verified with the Malta Financial Services Authority.

(d) Land and property:

These will be verified by the Authority through the Public Registry and the Inland Revenue.In the case of property being used for the business from which the applicant earns his main income, the first thirty five thousand Euro (€35,000) of such property will not be included to the value of the assets.

2.4.unless otherwise stated, the word “Authority” means the “Housing Authority”;

2.5.the words “bank” and “financial institution” have the same definition given to it in the Banking Act (Cap. 371 of the Laws of Malta);

2.6.the word “beneficiary” means every person who benefits under this Scheme;

2.7.the terms “aggregate annual gross income” include:

(a) the gross income from any occupation, pay and/or salary, overtime, pension and/or other social benefits (excluding children’s allowance) earned by the applicants during the basis year.When the application is made by two applicants, the gross income of both applicants is taken into consideration.But, in case when one of the joint applicants has worked during part of the said basis year only and is gainfully employed on the date of application, a projected income for that particular year (projected income assessment) shall be worked out in each case;

(b) the applicant’s income during the basis year from capital assets such as bank deposits, stocks, shares, rents, investments in commercial enterprises, other investments in property, including capital gains;

(c) for the purpose of this Scheme, the aggregate annual income of the applicants shall be the income of the applicant/s determined in accordance to sub-clauses (a) and (b) of Clause 2.7.Yet the Authority shall not be bound to accept any declaration, documents or information given to it by the applicants or beneficiaries under this Scheme, should it reasonably consider such declaration, documents or information incorrect or untrue.

From the gross annual income of a separated/divorced person, any amount paid to the other part as alimony will be deducted.This amount will be deducted after a document is provided, signed by the lawyer of the party paying the alimony showing the amount due, with a declaration that the official amount as declared in the Deed of Separation is in fact being paid.

The Chairman of the Authority may refuse to accept any declaration of income of the applicants if, in the Authority’s absolute discretion decides that this is incorrect or untrue.In this case the Authority is to refer the matter to the Revisory Board of the Housing Authority appointed by the Housing Authority Board, in order to establish the income of the applicants/ beneficiaries.The decision of this Board will be final and shall bind both the Authority and the applicants/beneficiaries.The applicants/beneficiaries affected by this provision may be asked to make their representations to the Board as shall be deemed necessary by the said Board.

2.8The word ‘disability’ means a physical and/or intellectual disability as well as, mental and/or physical chronic illnesses as certified by the National Commission for Persons with Disability;

2.9 The words “basis year” mean the calendar year immediately preceding the year when the application is made under this Scheme;

2.10the words “first residence” mean the first property, house or apartment, or immovable, bought by an applicant who is a single person, and in the case of two persons applying together, the first property bought together with the aim that it would be the residence where they will live together.

3. Who can apply

(i) This Scheme is open for married applicants, engaged couples, single parents, separated or divorced persons, single persons and other categories under clause 5(iv).On the date of the application, the applicants must be over eighteen (18) years of age.

(ii) Those purchasing their first residence and have signed a preliminary agreement not more than six months prior to the submission of their application for this Scheme but have still not yet signed the final deed, may benefit from such Scheme.The preliminary agreement is to remain valid for at least six (6) months from the date of application or until the application is approved.

(iii) The Scheme is also open to legally separated applicants who want to purchase their first residence after their separation.

4.How the Scheme works

(i) Under this Scheme a subsidy is given on the interest rate on the loan from the bank for the purchase of the first residence, which consists of a subsidy on the rate of interest paid by the beneficiaries to the banks.

(ii) A subsidy of two point five percent (2.5%) will be given for the first eight (8) year period from the first payment the bank shall advance in favour of the purchase of the first residence on the first eighty thousand Euro (€80,000) of the loan.This amount may include the finishings including plastering and painting, electricity and plumbing, tiles and marble, internal and external doors, windows and bathrooms, and excludes the furniture.In case of applicants or one of the applicant:-

has spent a period of time in care in an institution, children’s home, shelter, or was fostered and/or

is a disabled person

the subsidy period shall be that of ten (10) years.

(iii)The amount of loan taken from the bank, which also includes the amount for the finishings and excludes the furniture, cannot exceed the amount of one hundred and fifty thousand Euro (€150,000).

(iv)The applicant has to submit an indication from the bank that shows that the bank would be prepared to advance the whole amount which is necessary for the applicant to be in a position to purchase the property.This is included in the application.

(v) The applicant must produce a copy of the Sanction Letter from the bank prior to the signing of the contract.

5. Qualifications to Apply under this Scheme

5.1On the date of the publication of this Scheme in the Government Gazette, in order not to be disqualified, applicants must:

(i) be Maltese Citizens or Citizens of the E.U.Citizens of the E.U. must be acquiring their first residence in Malta and they must also satisfy all the legal requirements which may be required by Law, by any other Authority and/or by the Office of the Prime Minister.In the case of married couples (but not separated/divorced), it is sufficient that one of the spouses is a Maltese Citizen or a Citizen of the E.U.;

(ii)be ordinary residents of Malta and have been so resident continuously for not less than twelve consecutive months immediately preceding the date of application;

(iii)have never benefited from a premises issued for sale by this Authority by means of a Notice or any assistance under what used to be known as the “Home Ownership Scheme”, from a repair scheme or interest subsidy scheme, “Right to Buy” or a scheme which encourages tenants to become owner occupiers by the Authority/Department of Social Housing,/Land Department or other parastatal bodies and other local Authorities for the encouragement of home ownership.However, in those cases where, in the absolute discretion of the Authority, the applicant has not in fact benefitted or such subsidy enjoyed was fully refunded, the Authority will have the right to accept and process the application;

This clause shall remain applicable at the absolute discretion of the Housing Authority to have the right to accept applications that fall under this clause as long as it considers such applications to be true and deserving.

(iv)have an aggregate annual gross income which does not exceed, and from a period of one (1) year prior to the date of the application do not have in their possession capital assets exceeding:

in the case of:

a single person, separated or divorced and widowe without children living with him;

Aggregate annual gross income:

Twenty five thousand Euro (€25,000)

Capital Assets: Twenty five thousand Euro (€25,000)

and in the case of:

married couples;

single parent, widowed, separated or divorced with members of the family living with him;

engaged couples;

persons who will live together;

Aggregate annual gross income:

Forty thousand Euro (€40,000)

Capital Assets:

Forty thousand Euro (€40,000)

If an applicant has an income or capital assets that exceed these amounts, the application would automatically be disqualified and the applicant cannot benefit under this Scheme.

(v)from a period of one (1) year prior the date of the publication of this Scheme in the Government Gazette up to the approval of the application under this Scheme, the applicant:

(a) did not have immovable unbuilt property either in whole or in part ownership, either on their own or in partnership, on absolute ownership or on perpetual emphyteusis and on which a building permit for habitation purposes has been issued or can be issued by the Malta Environment and Planning Authority;

(b) did not have in full ownership or in part ownership, either alone or together with others, premises suitable for habitation purposes either on perpetual emphyteusis or on temporary emphyteusis of more than forty (40) years duration;

(c) did not possess holdings or shares in any commercial body which after the date of the first publication of this Scheme in the Government Gazette has immovable property or as mentioned in sub-paragraphs 5.1 (v) (a) and (b).

5.2 The applicants shall be obliged to sign the necessary authorisation form giving their consent to the respective departments in order to give this information to the Authority.The Housing Authority shall also have the right to conduct the necessary verifications regarding the applicants covering the last three (3) years prior the date of this Scheme, and it also reserves the right at its absolute discretion to disqualify applicants if it results that during the period mentioned herein, these applicants have sold their property and consequently they have acquired capital which would have otherwise disqualified them and this notwithstanding the fact that the said capital is not yet evident from the verifications conducted by the Authority.

5.3 In the case of engaged or persons normally living together, their application is to be filled in the name of both persons and in solidum and both of them must be at least eighteen (18) years of age.In this case, they shall be jointly responsible and in solidum for complying with the conditions of the Scheme.

6. Validity of Application

(i) Each application for assistance under this Scheme shall be lodged personally by any of the applicants with the Authority and that application shall not be accepted unless accompanied by the sum of twenty Euro (€20) as an administrative charge which is not refundable even if the application is not accepted.Additionally, the applicant shall pay a charge to cover expenses on researches to be carried out by the Housing Authority on the applicant on his/her behalf.

(ii) Where any applicant under this Scheme fails to appear for the signing of the agreement regulating the enjoyment of the subsidy when asked to do so by the Authority, his application shall be deemed to have been abandoned and any expenses incurred by the applicants in connection with their application shall not be recoverable by the applicants whether or not their application is successful.

(iii) To be valid the application must satisfy the following requirements:

(a) it must be made on the prescribed form and must be duly and completely filled;

(b) it must be signed by all applicants;

(c)it must be presented together with the requested documents;

(d) the application made by a married but separated person or by a person whose civil status has been changed after the marriage, must be accompanied by an authenticated deed of personal separation or by a final judgement of the competent Court, and in case of a Court judgement of first instance, a declaration of the court registrar that the judgment has not been appealed;

7. General Conditions for Approved Applications

(i)For the first ten (10) years from the date of deed, the residence which qualifies for assistance being granted under this Scheme shall be used and occupied by the applicants exclusively as their ordinary residence.They are not permitted to rent the property to third parties or in any way transfer the property or its possession to third parties.They cannot allow third parties to occupy these premises not even on mere tolerance or by gratuitous title.Any transfer of the property conducted must be in accordance with clause 9(iv).

(ii)If an applicant fails to pay the loan payments to the bank, the Authority will immediately stop the subsidy payments under this Scheme.If and when the applicant regularly resumes the payments on the loan, it is in the absolute discretion of the Housing Authority, whether or not it also resumes the subsidy under this Scheme.Therefore, the Authority does not have and is not expected to assume any obligations vis-à-vis the bank that is issuing the loan.

(iii) The Authority is entitled to register in its favour a Special Privilege and/or Special Hypothec on the property in question and/or General Hypothec according to law for a period of ten (10) years, without prejudice to other rights at law and this to guarantee the refund of the subsidy and/or assistance as well as the observance of all the conditions by the beneficiaries.

(iv) The residence, or any part of it, is not to be used other than the ordinary personal residence.

(v) In all cases the applicant has to occupy the residence within three (3) years from the date of the agreement signed with the Authority. In default, the Authority will have the right to terminate the subsidy enjoyed under this Scheme.

8. Penalty for False Declaration

If at any time it results that applicants have made a false declaration or given incorrect information/documents for the purposes of any application made under this Scheme, without prejudice to any penalty for which they may have become liable under any other law, applicants shall be liable to the payment to the Authority of a fine equivalent to a maximum sum of five thousand Euro (€5,000).In addition, applicants will be also liable to refund all subsidies enjoyed under this Scheme together with the interests due.They will also be disqualified for a period of five (5) years from benefiting from any scheme made with the approval of the Minister responsible for Housing, and shall forfeit the right to any subsidy under this Scheme.

This incorrect or false declaration or this submission of incorrect or false documents may also lead to the commencement of criminal procedures.

9. Resale and/or Vacation of Premises on Which Subsidy Has Been Granted and Repayment of Subsidies

(i) The residence on which assistance has been granted under this Scheme shall be used and occupied by the applicants exclusively as their ordinary residence for a period of at least ten (10) years from the date of deed of purchase.

The residence on which assistance has been granted under this Scheme shall not be rented or transferred under any title including by mere tolerance or by title inter vivos before the lapse of ten (10) years from the final deed.In this eventuality, the applicant will automatically lose the right for the interest subsidy on the loan.

(ii) Subject to the provisions of paragraph (i) of this Article, any residence on which assistance has been given under this Scheme shall not be transferred under any title, other than transmission with causa mortis, unless the beneficiaries comply with the following provision of this article where the transfer of the residence on which assistance has been granted is to take place, the beneficiary shall give one month’s notice of his intention to transfer the said residence and the Chairman shall thereupon terminate any arrangement for the subsidy under the Scheme.

(iii) The provisions of sub-clauses (i) and (ii) of this clause shall also apply mutatis mutandis where the beneficiary does not continue to occupy the residence as his ordinary residence.In this case any subsidy granted shall be paid back to the Authority.

(iv) In the eventuality that the beneficiary wants to sell their residence to third parties, that is before the lapse of ten (10) years from the date of deed, they shall inform the Authority prior the signing of the preliminary agreement and shall, refund to the Authority the subsidy enjoyed up till the deed of transfer of the property to third parties as shown in the table below:

10. Broken Engagements

(i) In the case of a joint application by engaged persons where the engagement is subsequently dissolved:

(a)both applicants shall, within thirty (30) days from the date of such dissolution, give a written notice thereof to the Chairman; and

(b) the Chairman shall immediately stop the payments of the subsidy on the rate of interest.

(ii)In the case where one of the parties can buy the share of the other party, he/she can continue benefitting from the interest subsidy as long as he/she would have qualified as a single person on the date of the application.

(iii)Where the applicants wish to sell to third parties the property, such transfer must be conducted in accordance with clause 9(iv).

11. Broken Marriages

(i) In the case of beneficiaries whose marriage has been broken or has been annulled either by an agreement or Court Decree pronouncing the separation or the annulment, and one party transfers to the other party the rights on the property on which the subsidy is being enjoyed, the party who acquires these rights may, at the sole discretion of the Authority, continue to enjoy the subsidies benefited under this Scheme as laid down in the conditions of the said Scheme.

(ii) Where the applicants wish to sell to third parties the property, such transfer must be conducted in accordance with clause 9(iv).

12. Validity of the Scheme

This Scheme shall remain effective either for a period of one (1) year from the date of its publication in the Government Gazette or until the Authority receives the first three hundred (300) applications, whichever comes first.Once the three hundred (300) applications are received, the Scheme will automatically be closed.In this case the Authority will publish a notice in the Government Gazette showing that the Scheme has been closed and/or terminated.

13. Right of Refusal

Notwithstanding anything contained in the foregoing provisions of this Scheme, the Authority shall have the right, at its own discretion, to refuse any application and its decision would be final.

14. Interpretation

In case the Maltese text differs from the English text, the Maltese text will prevail and where there is a difference between what is being said above and the contract, the interpretation and condition most favourable to the Housing Authority shall prevail.

15. Amendments to the Scheme

The Authority shall have the right to make any amendments to this Scheme by publication of the said amendments in the Government Gazette. Such amendments can also be made applicable retroactively.

*Number of years after date ofthe deed of the Scheme*	*Percentage of Subsidy to be refunded*
Up to 5 years	100%
Between 6 & 8 years	75%
Between 9 & 10 years	50%
More than 10 years	Nil