Third Country Nationals (TCNS)

Their Rights under the Maltese Social Security Act (CAP 318)

Scenarios for TCNS

 TCNS married to EU/EEA/Swiss Nationals  TCNS with an ETC Work Permit  TCNS Asylum Seekers granted Refugee Status  TCNS Asylum Seekers granted Subsidiary Protection Status  TCNS Asylum Seekers granted Temporary Humanitarian Protection Status

TCNS having a work permit

    Need Employment License from the Employment and Training Corporation number (ETC) to get a Social Security May be entitled for short term benefits contributory pensions and as long as the contribution tests are satisfied May be entitled to Children’s Allowance if coming from a country which is a member of the European Social Charter or having a long-term resident status Cannot register for employment unless having a long term resident status or Refugee Status

Procedure to apply for Social Security Number

 TCNS married to EU citizens must produce both his and his spouse’s identification document and official marriage certificate.

 TCNS enjoying refugee status must produce Identity Card and a valid Refugee Status certificate.

 Other TCNS must produce their Identity card and an employment license from ETC

TCNS – Refugee Status

 Treated as if they are Maltese nationals  Entitled to all benefits and allowances under the Maltese Social Security Act (CAP 318) as defined in the Legal Notice 243 of 2008 [Article 14.1.a(iii)] «to have access to employment, social welfare , appropriate accommodation, integration programmes, state education and to receive state medical care especially in the case of vulnerable groups of persons»

TCNS – Subsidiary Protection

    Cannot register for work, consequently not entitled to Unemployment Benefit May be issued with a Social Security Number and may work May be entitled to Sickness and Injury Benefits if employed and paying social security contributions Can apply for Core Social Welfare benefits [L.N. 243 of 2008 Art. 14.1.b(iii)] if living out of open centres and not in employment

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Core Benefit application Procedure

    Lodge an application for Core Benefit (Social Assistance) at one of the Social Security branch offices A requirement checklist is handed out to each applicant. The checklist is available in five languages (Tigrinya, Amharic, Somali, Arabic and English) The application and required documents are forwarded to the Department’s Head Office for processing Applicants obliged to sign once a week at the Social Security branch office on a fixed registration date

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Core Benefit application Checklist

 TCN provide his Identity Card , a valid Subsidiary Protection Document , details of his family composition , and documents regarding his financial position .

 Enquiry sent to the Agency for the Welfare of Asylum Seekers (AWAS) to confirm whether claimant has left the Open Centre and is not in receipt of the per diem allowance .

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Core Benefit application Entitlement

 Applicants sharing house of residence receive 75% of Social Assistance; those living on their own receive the full rate  Head of household receive an additional top up for each family member  Core benefits paid four weeks in advance  Applicants obliged to inform the Department with any change of circumstance to avoid incurring overpayments

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Core Benefit application Statistics

 Persons on subsidiary protection registering each week for core benefits at the branch offices as on Monday 28 October 2013.

TCNS – Temporary Humanitarian Protection

 May apply for a Social Security number and can work if they have an employment licence issued from ETC  Cannot register for work if unemployed and therefore not entitled to UB  May be entitled to Sickness/Injury benefits if they satisfy the contribution test  Are not entitled to Core Benefits

Procedure to apply for Unemployment Benefit (UB) by Refugees and TCNS married to EU Nationals

 Register under Part I of the Unemployment Register  Must have 50 contributions paid and 20 contributions paid or credited in the last 2 calendar years.

 UB may be paid up to a maximum of 156 days  Will be given credits for period of registration  There may be the need for aggregation of contributions paid in another EU member state

Injury at Work

     A TCN employed in insurable employment is entitled up to one year

Injury Benefit

A TCN may apply for an depending on the severity of the case according to the percentage rate of disability established by the Medical Board

Injury Grant

or

Pension

A rating of up to 19% entitles the applicant to a one time lump sum injury grant A rating from 20% to 89% entitles the applicant to a weekly injury pension A rating from 90% entitles the applicant to an

Invalidity Pension

or in the case of a fatal accident entitles the spouse of the deceased to a

Widows Pension

not withstanding the amount of contributions paid.

Thank you

 Customer Support  DSS Call Centre 25903000 website: www.socialsecurity.gov.mt

email: [email protected]

 Social Policy Information Centre (SPIC) 159 Social Services.....

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