Malaysia legislation

Section 59

of *SELF-EMPLOYMENT SOCIAL SECURITY ACT 2017

Section 59

(a)

whether any person is a self-employed person within the meaning of this Act;

(b)

whether any activity is a self-employment activity within the meaning of this Act;

(c)

whether any accident or occupational disease suffered by any self-employed insured person is a self-employment injury and is within the coverage period;

(d)

the rate of contribution of a self-employed person for the purposes of this Act;

(e)

the right or eligibility of any self-employed insured person to any benefit including the amount and the duration of such benefit;

(f)

any direction or instruction issued by the Organization under this Act or any regulations made under this Act;

Self-Employment Social Security 45

(g)

any claim made by the Organization against any person to recover any benefits which have been paid not in accordance with this Act;

(h)

any other matter which is in dispute between a self-employed insured person and the Organization in respect of coverage, contributions, benefits or other money payable or recoverable under this Act or any regulations made under this Act; or

(i)

any other matters required to be or which may be decided by the Tribunal under this Act or any regulations made under this Act.

(2)

If in any proceedings before the Tribunal, a question of disablement and occupational disease arises and the determination by a medical assessor or the Appellate Medical Board has not been obtained although it is necessary for the decision of the claim or question before the Tribunal, the Tribunal shall direct the Organization to submit the question of disablement and occupational disease for determination by a medical assessor or the Appellate Medical Board and may proceed to decide on any other question, dispute, claim or appeal before the Tribunal and decide on the question of disablement or occupational disease in accordance with the determination of medical assessor or the Appellate Medical Board, as the case may be.

(3)

No civil court shall have jurisdiction to decide or deal with any question, dispute, claim or appeal referred to in subsection (1), or to adjudicate on any liability which under this Act or any regulations made under this Act is to be decided by the Tribunal, medical assessor or the Appellate Medical Board.

(4)

The Tribunal shall only decide on any question, dispute, claim or appeal arises under this Act or any regulations made under this Act and not under any other written law.

46 Laws of Malaysia ACT 789

Institution of proceedings, etc.

Section 59 — SELF-EMPLOYMENT SOCIAL SECURITY ACT 2017