Study-Unit Description

Study-Unit Description


CODE PBL3012

 
TITLE Social Security Law

 
UM LEVEL 03 - Years 2, 3, 4 in Modular Undergraduate Course

 
MQF LEVEL Not Applicable

 
ECTS CREDITS 4

 
DEPARTMENT Public Law

 
DESCRIPTION This study-unit will provide a description of Social Security in Malta; Maltese social security history and will compare the Maltese system with various systems in Europe/Asia/Africa and America.

It will discuss Social Security Totalisation Agreements/Reciprocal Agreements and the aim behind these Agreements. Other topics to be studies include the EU Regulations on Social Security and the European Social Charter and their relevance to Malta. The Social Security Act is discussed with regard to Class one and Class two contributions; Contributory and Non-Contributory Schemes/Benefits; Contribution Rates. The basic principles of pensions together with procedures related to judicial review, the Director's decision, the Umpire's decision; and the Court of Appeal (Inferior Jurisdiction) as well as case law on Social Security are studied as well. Finally reference will be made to the Benefit Fraud and Investigation Department.

Study-unit Aims:

The Aim of this study-unit is to introduce the students to the Maltese social security system and to the legislative instruments and case-law on the subject. The emphasis will be on Social Security as applied in Malta however reference will also be made to the relevant EU regulations (EU Regulations 883/2004 & 987/2009) which are directly applicable to Malta.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to:
- Have a basic idea of how the system of social security works in Malta;
- List the benefits that are offered by the State;
- Distinguish between the different benefits and the different types of pensions and to have an idea of the conditions attached to each one of them;
- Have a good idea of the procedures before the Umpire and the Court of Appeal and the case-law;
- Understand the aim of the EU regulations and of the Reciprocal Agreements;
- Understand the role of the Benefit Fraud and Investigation Department in relation to the Department of Social Security.

2. Skills:

By the end of the study-unit the student will be able to:
- Apply the concept of judicial review together with the knowledge in Social Security law to concrete cases particularly during procedures before the Umpire and before the Court of Appeal.

Main Text/s and any supplementary readings:

Legislative Instruments:
- Cap. 318 of the Laws of Malta.
- EU Regulations 883/2004 & 987/2009.

Internet sites:
- www.gov.mt - for case-law and legislation.
- https://secure3.gov.mt/socialpolicy/social_benefits/ss_overview - information on social security.

Selected Bibliography:
- Harris, Neville S. Douglas, Gillian, "Social security law", 2000 - Available at Laws and Theology Library General.
- Pennings, Frans, "Introduction to European social security law", 2001 - Available at Laws and Theology Library General.
- White, Robin, "EC social security law", 1999 - Available at Laws and Theology Library General.
- Wade & Forsyth, "Administrative Law" (Oxford University Press - 8th Edition 2000).

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Sept. Asst Session Weighting
Examination (1 Hour) Yes 100%

 
LECTURER/S Fiorella Fenech Vella

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit