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 (ETC) to get a Social Security
number
 May be entitled for short term benefits and
contributory pensions 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 longterm 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
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
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.
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
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
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


up to one year Injury Benefit
A TCN may apply for an Injury Grant or Pension
depending on the severity of the case according to
the percentage rate of disability established by the
Medical Board
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
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
DSS Call Centre 25903000
website: www.socialsecurity.gov.mt
email: social.security@gov.mt
Social Policy Information Centre (SPIC) 159
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