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Q

There are a great number of social benefits available to assist people living in Malta. These include children’s allowance, maternity leave and benefits, foster care allowances, sickness benefits and medical assistance, injury benefits and pensions. Information on the benefits and their respective details can be found in the Benefits Information menu in the Social Security website.

An applicant or beneficiary will receive a letter of explanation whenever the Department of Social Security makes a decision regarding his/her eligibility for social security benefits.  If in disagreement with the decision, the person has the right to appeal against that decision.

What to do if you feel you’ve been unjustly refused a benefit?

An appeal may be lodged by a Maltese or non-Maltese national against a decision by the Department of Social Security before the Umpire. One may lodge an appeal on a question of law or a principle of importance emerging from a decision by the Department of Social Security according to the Social Security Act (Cap. 318.). An Appeal may be lodged against any decision with the exception of decisions taken by a board of medical doctors. However, an application for Invalidity Pension that is rejected on medical grounds may be appealed.

An appeal must be lodged within 30 days from when one is informed of the decision.

The Social Security Umpire can change a decision if it is wrong. He cannot however change the Law on which the decision has been based or pay more money than the Law allows. Although the Act vests its execution in the Director General and gives him certain discretionary powers, it has an in-built mechanism that ensures redress when a claimant feels aggrieved by a decision of the Director. In fact, one section provides for an appeal to be lodged in front of the Umpire who is empowered to decide even against the Director General. The Director General is also liable to be challenged in the Civil Courts, including the Court of Appeal as well as the Constitutional Court.

The appeal can be sent online or to the address below:

Secretary to the Umpire
Department of Social Security
Blk C
Belt is-Sebħ
Floriana FRN 1900

Tel. 2590 3892

Once the details are vetted a notice with the date of the sitting in front of the Umpire is sent.

IN exercise of the powers conferred by section 107 of the Social Security Act (Cap. 318.), the Ministry for Social Policy and Children’s Rights approves the appointment of Umpires for the purposes of the said Act.