What is HOUSEWIVES' SOCIAL SECURITY ACT 2022?

*HOUSEWIVES' SOCIAL SECURITY ACT 2022 is Malaysia Act, cited as Act 838 2022, currently marked in force and first recorded in 2022.

Is HOUSEWIVES' SOCIAL SECURITY ACT 2022 still in force?

Yes — HOUSEWIVES' SOCIAL SECURITY ACT 2022 is currently in force.

When did HOUSEWIVES' SOCIAL SECURITY ACT 2022 take effect?

HOUSEWIVES' SOCIAL SECURITY ACT 2022 was first recorded in 2022.

How many sections does HOUSEWIVES' SOCIAL SECURITY ACT 2022 have?

HOUSEWIVES' SOCIAL SECURITY ACT 2022 contains 151 sections.

Where can I read the official version of HOUSEWIVES' SOCIAL SECURITY ACT 2022?

The official text of HOUSEWIVES' SOCIAL SECURITY ACT 2022 is published at lom.agc.gov.my.

HOUSEWIVES' SOCIAL SECURITY ACT 2022 (No. 838)

PRELIMINARY

Short title and commencement

Section 1

(2)

This Act comes into operation on a date to be appointed by the

Minister by notification in the Gazette.

Application

Section 2

(2)

This Act shall not apply to any housewife described in the First

Schedule.

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Interpretation

Section 3

In this Act, unless the context otherwise requires—

“child” means a child of the deceased insured housewife—

(a)

who is under twenty-one years old and includes—

(i)

a dependent stepchild and an illegitimate child; and

(ii)

an adopted child under any written law relating to adoption or under any custom or usage, on satisfactory proof of the adoption; and

(b)

who is of any age and mentally retarded or physically incapacitated, and is incapable of supporting himself;

“domestic injury” means personal injury to an insured housewife caused by incident arising out of and in the course of managing her household including her family members and not of any industry, trade, business or profession carried on by her;

“contribution” means the sum of money payable to the

Organization, by or on behalf of a housewife in accordance with this

Act;

“prescribed” means prescribed by regulations made under this Act;

“permanent disablement” means any disablement of a permanent nature as a result of a domestic injury, which reduces the capacity of an insured housewife to manage household which she was capable of performing prior to or at the time of the domestic injury;

“Committee” means the Housewives’ Social Security Committee established under section 8;

“Appellate Medical Board” means the Appellate Medical Board constituted under the Employees’ Social Security (General)

Regulations 1971 [P.U. (A) 99/1971] made under the Employees’

Social Security Act 1969 [Act 4];

Housewives’ Social Security 11

“Government” means the Government of Malaysia;

“Director General” means the Director General of the Organization appointed under subsection 59(1) of the Employees’ Social Security

Act 1969;

“Fund” means the Housewives’ Social Security Fund established under section 52;

“Board” means the Social Security Organization Board established under section 59B of the Employees’ Social Security Act 1969;

“Minister” means the Minister charged with responsibility for human resources;

“dependant” means—

(a)

a child;

(b)

a husband of the deceased insured housewife who shall be a citizen of Malaysia; or

(c)

parents of the deceased insured housewife who shall be citizens of Malaysia;

“officers and servants of the Organization” means officers and servants of the Organization appointed under section 59L of the

Employees’ Social Security Act 1969;

“Inspector” means an Inspector appointed under section 12 of the Employees’ Social Security Act 1969 and includes the

Director General and every Deputy Director General;

“medical assessor” means the medical assessor appointed under the regulations made under this Act;

“Organization” has the meaning assigned to it in the

Employees’ Social Security Act 1969;

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“Scheme” means the Housewives’ Social Security Scheme established under section 4;

“housewife” means any female, whether married or unmarried, who manages a household, on a full time basis or not, and includes—

(a)

a wife, divorcee or widow whose marriage has been registered under any written law; or

(b)

a mother of a child or more including a single mother;

“insured housewife” means any housewife who has registered under section 14 in respect of whom contributions has been paid in accordance with this Act;

“contribution period” means a period of twelve consecutive months or any other period with effect from the time and date the contribution paid in advance by or on behalf of a housewife and ends at the time and date, as prescribed;

“coverage period” in relation to invalidity and for the purposes of section 36 means—

(a)

the period of twenty months for twelve months of contributions paid in advance in respect of the insured housewife;

(b)

the period of forty months for twenty-four months of contributions paid in advance in respect of the insured housewife; or

(c)

the period in which contributions have been paid in respect of the insured housewife for not less than two-thirds of the number of complete months comprised in the period falling between the date when contributions first being paid by her under this Act and the month immediately preceding the month in which she has submitted a notice of invalidity, provided that the total

Housewives’ Social Security 13

number of monthly contributions paid during the aforesaid period shall be at least twenty-four;

“Deputy Director General” means the Deputy Director General of the Organization appointed under subsection 59(2) of the

Employees’ Social Security Act 1969 including those appointed in accordance with subsection 5(3);

“Tribunal” means the Housewives’ Social Security Tribunal established under section 65.

ADMINISTRATION OF HOUSEWIVES’ SOCIAL SECURITY

SCHEME

Administration of Housewives’ Social Security Scheme

Section 4

(2)

The Scheme shall be administered by the Organization.

(3)

For the purpose of administering the Scheme, the Organization shall vest in the Board such powers and shall impose upon the Board such duties as the Organization may determine.

Director General

Section 5

(2)

The Deputy Directors General of the Organization shall be the

Deputy Directors General for the purposes of this Act.

(3)

Notwithstanding subsection (2), the Minister may appoint one or more Deputy Directors General for the purposes of this Act.

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(4)

If for any period the Director General is temporarily absent from Malaysia or temporarily incapacitated through illness, or for any other reasons is unable to perform his duties, or where the office of the Director General becomes vacant, the Minister shall appoint one of the Deputy Directors General to perform the duties of the

Director General during such period.

(5)

The terms and conditions of service of the Deputy Directors

General appointed under subsection (3) shall be determined by the

Minister after consultation with the Minister of Finance.

Powers of Organization to hold properties, etc.

Section 6

The Organization may, upon such terms and conditions as the

(a)

enter into contracts;

(b)

acquire, purchase, take, hold and enjoy movable and immovable property of every description; and

(c)

convey, assign, surrender, yield up, charge, mortgage, demise, lease, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest vested in the Organization.

Exercise of functions and powers of Organization

Section 7

Organization deems fit for the purposes of this Act—

(2)

Notwithstanding subsection (1), the Director General may, in writing, delegate any of his powers and functions subject to such terms and restrictions as he thinks fit to the Deputy Directors

General, Inspector, or officers and servants of the Organization for the purposes of this Act.

Housewives’ Social Security 15

COMMITTEES

Housewives’ Social Security Committee

Section 8

(2)

The functions of the Committee is to advise the Board on all matters relating to the Scheme including the contribution, benefits and on matters relating to the investment of the Fund.

(3)

The Committee shall consist of the following members:

(a)

the Chairman of the Committee who shall not be any member of the Houses of Parliament or a member of the

Legislative Assembly of a State who shall be appointed by the Minister;

(b)

the Director General;

(c)

one member representing the Ministry responsible for human resources;

(d)

one member representing the Ministry responsible for finance;

(e)

one member representing the Ministry responsible for women, family and community development;

(f)

not more than two members representing interest of housewives who shall be appointed by the Minister;

(g)

not more than two other members with experience, knowledge and reasonable expertise on matters relating to the well-being and rehabilitation of housewives, who shall be appointed by the Minister.

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(4)

The Minister may revoke the appointment of any member of the Committee appointed under paragraphs (3)(a), (f) and (g).

(5)

Any member appointed by the

Minister under paragraph (3)(a), (f) or (g) may, at any time, resign as a member of the Committee by giving written notice to the Minister.

(6)

The members of the Committee shall be paid such allowances and other expenses as the Board may determine.

(7)

The member of the

Committee appointed under paragraph (3)(a), (f) or (g) shall hold office on such conditions and for such terms as may be specified in his letter of appointment and is eligible for reappointment for any term as the Minister may determine.

(8)

The Committee shall meet at least three times in each year.

(9)

The quorum for a meeting of the Committee shall be five persons including the chairman of the meeting.

(10)

The Committee may invite any person to attend any meeting of the Committee for the purpose of advising the Committee on any matter under discussion but that person shall not be entitled to vote at the meeting.

(11)

Any person invited under subsection (10) may be paid such allowances as the Board may determine.

(12)

Subject to this Act, the Committee may determine its own procedures.

(13)

The Organization shall appoint a secretary and an assistant secretary to the Committee who shall be from amongst the officers and servants of the Organization.

Housewives’ Social Security 17

Establishment of committees

Section 9

(2)

The Board may delegate its functions and powers to any such committee subject to such terms and restrictions as the Board considers fit.

(3)

Any committee established under subsection (1)—

(a)

shall be chaired by the chairman appointed by the Board;

(b)

shall conform to and act in accordance with any directions given to the committee by the Board; and

(c)

may determine its own procedure.

(4)

The members of the committee established under subsection (1) may be appointed from amongst the members of the

Board or such other persons as the Board thinks fit.

(5)

The members of the committee may be paid such allowances and other expenses as the Board may determine.

(6)

A member of the committee shall hold office on such conditions and for such terms as may be specified in his letter of appointment and is eligible for reappointment for any term as the

Board may determine.

(7)

The Board may revoke the appointment of any member of the committee.

(8)

A member of a committee may, at any time, resign by giving written notice to the Chairman of the Board.

(9)

The Board may, at any time, discontinue or alter the constitution of a committee.

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(10)

A committee shall hold its meetings at such times and places as the Chairman of the committee may determine.

(11)

A committee may invite any person to attend any meeting of the committee for the purpose of advising the committee on any matter under discussion but that person shall not be entitled to vote at the meeting.

(12)

Any person invited under subsection (11) may be paid such allowances as the Board may determine.

Non-eligibility for appointment as members of Housewives’

Social Security Committee or committees

Section 10

The following persons are not eligible to be appointed as or become a member of the Committee, or any committee established under section 9:

(a)

a person who has been convicted of an offence involving fraud, cheating, criminal breach of trust, criminal misappropriation of property or any offence involving dishonesty or moral turpitude and sentenced to imprisonment for a term not less than one month or a fine not less than five thousand ringgit;

(b)

a bankrupt; and

(c)

a person of unsound mind or is otherwise unable to carry out his functions.

Cessation of membership of member of Housewives’ Social

Security Committee or committees

Section 11

A member of the Committee, or any committee established under section 9, shall cease to be a member if he fails to attend three consecutive meetings without leave of the Chairman of the

Committee or committee, as the case may be.

Housewives’ Social Security 19

Section 12

Disclosure of interest

If any member of the Committee, or committee established under section 9, has any direct or indirect interest in any matter being considered by the Committee or committee established under section 9, as the case may be, he shall forthwith declare to the Chairman of the Committee or committee accordingly the nature and extent of his interest in the matter and the member shall not be present or take part in any discussion or decision of the Committee or committee established under section 9, as the case may be, about the matter.

IMPLEMENTATION, REGISTRATION AND CONTRIBUTION

Implementation of Housewives’ Social Security Scheme

Section 13

(2)

The Organization may carry out any programme or activity, or collaborate with any person for the purposes of—

(a)

implementation of the Scheme including for the payment of contribution under this Act; and

(b)

improvement of health, safety, welfare and well-being of any housewife.

Registration

Section 14

Any housewife, husband or any other person may register the housewife with the Organization for the Scheme in the manner as prescribed.

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Section 15

Contributions

(2)

If the husband does not elect to pay such contributions or if the housewife does not have a husband, the contributions in respect of the housewife may be paid by the housewife herself to the

Organization in the manner as prescribed.

(3)

The contributions payable under this Act shall be paid in advance to the Organization at the rates as specified in the Third

Schedule based on the amount of the presumed monthly income of the housewife insured under this Act.

(4)

The contributions payable to the Organization for housewives shall be paid in advance for twelve consecutive months to fulfil the contribution period.

(5)

Notwithstanding subsection (4), the contributions payable may be made in advance for the following twelve consecutive months in a manner and with effect from the time and date the contribution paid by or on behalf of a housewife and ends at the time and date, as prescribed.

(6)

All contributions paid under this section shall not be refundable.

(7)

The Minister may revise the rates of the contribution and the presumed monthly income after taking into consideration the sustainability of the Fund including the contribution period.

(8)

If the persons referred to in subsection (1) or (2) have an employer, the Organization may, on the request of such persons, instruct an employer to deduct the contributions payable under this section, in a manner as prescribed.

Housewives’ Social Security 21

(9)

The employer instructed under subsection (8) shall comply with the instruction.

(10)

The contributions payable in respect of an insured housewife shall cease when the housewife has attained the age of fifty-five years or dies, whichever is earlier.

(11)

A husband who fails to pay contribution in respect of a housewife under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(12)

Notwithstanding subsection (11), if the husband is unable to pay the contribution which he elected to pay due to loss of income, or for any other reasons, the husband shall notify the Organization sixty days before the expiry of the existing contribution period in a manner as may be prescribed.

(13)

An employer who fails or neglects to carry out the instruction of the Organization under subsection (9) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Continuation of coverage

Section 16

(a)

if the insured housewife and the husband divorces;

(b)

in the event of death of the husband; or

(c)

in the event the husband is unable to pay the contribution which he elected to pay due to loss of income, or for any other reasons.

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(2)

Upon the expiry of the contribution period mentioned in subsection (1), the housewife shall have the option to continue to pay contribution to the Organization in accordance with subsection 15(2).

Proof of marriage

Section 17

(2)

The Organization shall have the power to require any housewife to furnish proof of marriage and refer such information or inquiry to any authority or parties relevant to the status of marriage of the housewife.

Determination of activity relating to management of household

Section 18

(2)

All claims for benefit in relation to domestic injury, shall be injury suffered within the contribution period and the Organization shall reject the claims if the domestic injury is not within the contribution period.

(3)

All claims for benefit in relation to invalidity, shall be invalidity suffered within the coverage period and the Organization shall reject the claims if the invalidity suffered is not within the coverage period.

Power to appoint agent

Section 19

(2)

The agent appointed under subsection (1) shall, as soon as practicable, inform the Organization of the actual time and date of the payment of the contributions made by or on behalf of the insured housewife.

(3)

Any agent who contravenes subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or imprisonment for a term not exceeding two years or to both.

BENEFITS

Claim for benefits

Section 20

(2)

A claim for benefits under this Act shall be made—

(a)

in the case of domestic injury, within a period of twelve months from the date of the domestic injury; or

(b)

in the case of invalidity, within a period of twenty-four months from the date the insured housewife becomes invalid.

(3)

For the purposes of claim for benefits under this Act, the incident to which the claim relates shall occur within Malaysia.

Approval of claim for benefits

Section 21

(a)

in the case of domestic injury, the date of the occurrence of the domestic injury has been certified by the Organization to be within twelve months before the claim was made; or

(b)

in the case of invalidity, the date the insured housewife becomes invalid has been certified by the medical assessor or the Appellate Medical Board to be within twenty-four months from the date the claim was made.

(2)

Notwithstanding subsection (1), the Organization may approve the claim if the Organization finds that there are reasonable grounds to approve the claim where the date of the occurrence of the domestic injury or the date of the housewife becomes invalid is not in accordance with subsection (1).

Benefits

Section 22

(a)

medical benefit;

(b)

permanent disablement benefit;

(c)

constant attendance allowance;

(d)

survivors’ pension;

(e)

funeral benefit.

(2)

Subject to this Act, an insured housewife or their dependants, as the case may be, shall be entitled for invalidity benefits as follows:

(a)

morbid allowance;

(b)

constant attendance allowance;

(c)

survivors’ pension;

Housewives’ Social Security 25

(d)

funeral benefit.

(3)

If an insured housewife suffers from end stage renal failure, the Organization may provide financial assistance at the rate as specified in the Fifth Schedule.

(4)

A dependant shall not be entitled to any benefit under this Act if the Organization has reasonable grounds to believe that an insured housewife dies as a result of domestic violence committed by the dependant or any other act or omission with intent by or on behalf of the dependant, and the entitlement of that dependant shall not be transferable to any other dependant.

(5)

For the purposes of subsection (4), “domestic violence” means the commission of one or more of the following acts:

(a)

causing physical injury to the insured housewife by such act which is known or ought to have been known would result in physical injury;

(b)

compelling the insured housewife by force or threat in engaging in any conduct or act, sexual or otherwise, from which the insured housewife has a right to abstain;

(c)

confining or detaining the insured housewife against the insured housewife’s will;

(d)

causing psychological abuse which includes emotional injury to the insured housewife;

(e)

causing the insured housewife to suffer delusions by using any intoxicating substance or any other substance without the insured housewife’s consent or if the consent is given, the consent was unlawfully obtained.

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Medical benefit

Section 23

(2)

The medical benefit may be given either in the form of outpatient treatment and attendance in a hospital, dispensary, clinic or other institution or by visits to the home of the insured housewife or treatment as inpatient in a hospital or other institution.

(3)

No medical benefit shall be provided to an insured housewife for invalidity under this Act unless the medical benefit has been given to the insured housewife due to a domestic injury which subsequently results in such invalidity.

Scale of medical benefit

Section 24

(2)

An insured housewife shall not have a right to claim any medical treatment except as provided by a hospital, dispensary, clinic or other institution to which she is allotted by the Organization, or as prescribed.

(3)

Nothing in this Act shall entitle an insured housewife to claim reimbursement from the Organization for any expenses incurred in respect of any medical treatment, except as prescribed.

(4)

For the purposes of the medical benefit payment and reimbursement, the Organization may request from a hospital, dispensary, clinic or other institution to furnish medical record and statistical returns of any insured housewife.

Housewives’ Social Security 27

Permanent disablement benefit

Section 25

(2)

For the purposes of subsection (1), where such permanent disablement has been assessed by the medical assessor or the

Apellate Medical Board, the benefit shall be payable for that contribution period.

Payment of permanent disablement benefit

Section 26

Where the loss of ability capacity of an insured housewife to manage household due to a domestic injury has been assessed by the medical assessor or the Appellate Medical Board in accordance with the percentage as specified in the third column of the Second

Schedule, an insured housewife shall receive a lump sum payment up to the maximum amount according to the fourth column of the

Second Schedule.

Section 27

Payment of benefit upon death of insured housewife

If an insured housewife has submitted a claim for permanent disablement benefits or morbid allowance under this Act and dies after her claim is approved by the Organization but before the payment of permanent disablement benefit or morbid allowance is made to her, there shall be no permanent disablement benefit or morbid allowance, whichever is relevant, payable to the beneficiary or estate of the deceased insured housewife or her dependants.

28

Section 28

Incident while engaging in illegal act

(a)

is travelling or preparing to commit an illegal act; or

(b)

has committed, abetted or engaged in an illegal act.

(2)

For the purposes of subsection (1), the Organization has the right to suspend any claim for benefits or payment of benefit up to a maximum period of six months to investigate into such activities before making any determination for the rejection.

(3)

The Organization may further suspend any claim for benefits or payment of benefit if the Organization has found any fresh evidence for further investigation of such matter and to determine accordingly.

Funeral benefit

Section 29

(a)

the widower;

(b)

the eldest surviving son or adopted son;

(c)

the eldest surviving daughter or adopted daughter; or

(d)

the parent (if there are both parents, the parents share equally the funeral benefit).

(2)

Where there are no such persons as mentioned in paragraph (1)(a), (b), (c), or (d), any other person who actually incurs the expenditure of the funeral shall be paid the expenses of the

Housewives’ Social Security 29

funeral benefit of the deceased insured housewife or the amount as prescribed by the Minister, whichever is the lesser.

(3)

For the purposes of subsection (2), the decision of the Director

General or that of an officer authorized by him on the question of to whom the payment of funeral benefit shall be final.

Constant attendance allowance

Section 30

(2)

For the purposes of subsection (1), the payment of constant attendance allowance to an insured housewife shall cease when she attains the age of fifty-five years or dies, whichever is earlier.

(3)

The existence of the degree of incapacity qualifying an insured housewife for a constant attendance allowance shall be certified by the medical assessor or the Appellate Medical Board, in such manner as prescribed.

(4)

If an insured housewife is entitled to claim for monthly constant attendance allowance under this Act and under any other Act administered by the Organization, the insured housewife shall be entitled to receive only one monthly constant attendance allowance.

Morbid allowance

Section 31

(2)

If the insured housewife is entitled for morbid allowance under this Act and invalidity pension or similar benefit under any other Act administered by the Organization for the same morbid condition, the insured housewife shall be entitled to choose only one benefit, either morbid allowance or invalidity pension or other similar benefit.

Insured housewife suffering from invalidity

Section 32

(2)

For the purposes of subsection (1)—

(a)

a morbid condition shall be deemed to be of permanent nature if it is either incurable or is not likely to be cured;

(b)

an insured housewife shall be deemed to be incapable of engaging in substantial activity of a housewife, if in consequence of the specific morbid condition of sickness or infirmity, she is no longer capable of carrying out any of the activity of a housewife corresponding to her strength and physical ability which might reasonably be performed by her; or

(c)

in determining whether an insured housewife is suffering from invalidity, account shall be taken of any permanent improvement in the state of her invalidity which results or is expected to result from such measures of physical rehabilitation as may be offered to her by the Organization at no cost.

(3)

If an insured housewife has been certified by medical assessor or Appellate Medical Board to be invalid prior to any coverage

Housewives’ Social Security 31

period, the insured housewife shall not be entitled to any morbid allowance.

Eligibility of insured housewife for morbid allowance

Section 33

(2)

If the insured housewife’s invalidity has commenced earlier than the date the notice of invalidity is received by the Organization in accordance with the regulations, the date on which the notice of invalidity is received by the Organization, shall be the date of commencement of her invalidity.

(3)

If an insured housewife had submitted a notice of invalidity and the notice has been rejected by the Organization on account that the invalidity was not suffered within the coverage period and thereafter the insured housewife submits a subsequent notice of invalidity, the date of the subsequent notice of invalidity received by the Organization shall be treated, for the purposes of subsection (2), as the date on which she has submitted a notice of invalidity.

Payment of morbid allowance

Section 34

(a)

the insured housewife’s invalidity ceases; or

(b)

the insured housewife attains the age of fifty-five years or dies, whichever is earlier.

32

(2)

The daily rate of morbid allowance shall be the amount of the monthly rate of morbid allowance paid or payable to the insured housewife, divided by the number of days in the month in which the morbid allowance accrues or the invalidity ceases or the insured housewife attains the age of fifty-five years or dies, whichever is earlier.

Rate of morbid allowance

Section 35

(2)

For the purposes of subsection (1)—

(a)

“presumed monthly income” refers to the average presumed monthly income corresponding to the last twelve monthly contributions in respect of the insured housewife which have been paid immediately before the month in which she submits a notice of invalidity in accordance with the regulations; and

(b)

presumed monthly income to which a monthly contribution corresponds shall be as specified in the Third Schedule.

Survivors’ pension

Section 36

(a)

to the widower until he remarries, or attains the age of fifty-five years or dies, whichever is earlier:

Housewives’ Social Security 33

Provided that if a widower is entitled to more than one survivors’ pension under this Act and under any other Act administered by the Organization, he shall be paid only one pension, being the pension with the higher rate; and

(b)

to each child until marriage or until he attains the age of twenty-one years, whichever is earlier:

Provided that in the case of a child referred to in paragraph (b) of the definition of “child” in section 3, survivors’ pension shall continue to be paid so long as he is incapable of supporting himself or until he attains the age of fifty-five years, whichever is earlier:

Provided further that the Organization may continue such pension to a child who is in receipt of education in any institution of higher education but not beyond the first degree until he completes or ceases to receive such education or until he marries, whichever is earlier.

(2)

If an insured housewife who is in receipt of morbid allowance, or if an insured housewife who has not attained fifty-five years of age but is within coverage period, dies or if an insured housewife dies as a result of a domestic injury suffered within the contribution period, and does not leave a widower or a child, survivors’ pension shall be payable to the insured housewife’s parent until the parent attains the age of fifty-five years or dies, whichever is earlier, at the rates specified in the Fourth Schedule.

(3)

The survivors’ pension shall accrue from the date of the death of the insured housewife who is in receipt of morbid allowance or the insured housewife who has not attained fifty-five years of age but is within coverage period or the insured housewife who suffered domestic injury within contribution period.

Facilities for physical rehabilitation or dialysis

Section 37

(2)

The facilities referred to in subsection (1) shall be of such nature and on such scale, and on such terms and conditions, as prescribed.

(3)

The insured housewife under subsection (1) may, if her condition so requires, be provided and fitted with, at no cost, prosthetic, orthotic or other appropriate appliances as may be determined by the Organization and such appliances may be renewed, when necessary, at no cost.

(4)

The insured housewife who has to undergo physical rehabilitation or dialysis may be paid or reimbursed, as prescribed.

Payment for travelling and other allowances

Section 38

The insured housewife may be paid travelling and other allowances or other expenses on such scale and subject to such terms and conditions as prescribed, if—

(a)

the insured housewife is called to appear before the medical assessor, or is called to appear before the Appellate Medical

Board in the event of an appeal by the Organization before the Appellate Medical Board, in connection with the determination of the question of permanent disablement or invalidity; or

(b)

the insured housewife is required by the Organization, medical assessor or the Appellate Medical Board to attend physical rehabilitation or dialysis.

Benefits not assignable or attachable

Section 39

(2)

No benefits payable under this Act shall be liable to attachment by any decree or order of any court.

Housewives’ Social Security 35

Insured housewife claiming for permanent disablement benefit or morbid allowance to observe conditions

Section 40

An insured housewife who is claiming for permanent disablement benefit or morbid allowance shall attend and allow herself for such medical or other examination as the Organization, the medical assessors or the Appellate Medical Board may consider necessary for ratification and certification of her disability or invalidity.

Section 41

Recipient of benefits to observe conditions

(a)

shall remain under medical treatment at a hospital, dispensary, clinic or other institution provided under this

Act and shall carry out the instructions given by a medical officer or medical attendant in charge of it;

(b)

shall not do anything which might prejudice her chances of recovery while under treatment or physical rehabilitation;

(c)

shall not leave the area in which medical treatment is provided under this Act without the permission of a medical officer as prescribed; and

(d)

shall allow herself to be examined by any duly appointed medical officer or other person authorized by the

Organization in this behalf.

(2)

An insured housewife who is claiming or in receipt of such benefit shall attend to the health screening or health program as instructed by the Organization which shall be provided by the

Organization at no cost.

(3)

Any benefit may be suspended, if an insured housewife who is claiming or in receipt of such benefit fails to comply with any of the

36

requirements of subsection (1) or (2), and such suspension shall be for such number of days as may be determined by the Organization.

Obligation of reporting of change in condition, etc.

Section 42

A person in receipt of any benefit under this Act shall report to the Organization as soon as possible, every event or fact which affects or is likely to affect her continued right to the benefit or the rate of the benefit.

Section 43

Right of Organization to recover benefit or money

(2)

The amount recoverable under this section may be recovered as a civil debt due to the Organization.

Insured housewife who has more than one contribution

Section 44

An insured housewife who has contribution under this Act and under any other Act administered by the Organization, whether for the same period or not, the insured housewife or her dependant shall be entitled to receive only one benefit in respect of the same permanent disablement or invalidity.

Section 45

Insured housewife who is entitled to disability and invalidity benefits

If an insured housewife is entitled to both disability and invalidity benefits due to the same disablement under this Act, she shall be entitled to receive only one benefit under this Act in a manner as prescribed.

Housewives’ Social Security 37

DETERMINATION, REVIEW AND APPEAL

Determination of question of invalidity or permanent disablement

Section 46

(a)

whether the relevant accident, incident or disease has resulted in the invalidity;

(b)

whether the relevant domestic injury has resulted in permanent disablement; or

(c)

whether the extent of loss of ability capacity of an insured housewife to manage household can be assessed based on functional assessment for the purpose of disablement benefit and the extent of such loss of ability capacity.

(2)

A medical assessor shall send a report of his examination and determination to the Organization in the manner as may be determined by the Organization.

Reference to medical assessor and appeal to Appellate Medical

Board

Section 47

(2)

If the claimant for benefit or the Organization is not satisfied with the determination of a medical assessor, the claimant for benefit or the Organization may appeal, in the manner and time as prescribed, to the Appellate Medical Board.

(3)

The claimant for any benefit may be called to appear before a medical assessor or, in the event of an appeal by the Organization,

38

before the Appellate Medical Board, in connection with the determination of the question of invalidity or the question of permanent disablement, and may be paid travelling allowances, other allowances and other expenses incurred by her in connection with such appearance in such cases and on such scale and subject to such conditions as may be prescribed by the regulations.

Claimant for benefits incapable of being examined by medical assessor or the Appellate Medical Board

Section 48

Where a claimant for benefits having submitted her claim for benefits to the Organization for determination of permanent disablement or invalidity, in accordance with this Act, is of unsound mind, becomes ill or for any other reasons is incapable of being examined by a medical assessor or the Appellate Medical Board, the

Organization shall, subject to any available medical evidence to its satisfaction, refer such case to the medical assessor or the Appellate

Medical Board for determination of permanent disablement or invalidity, as the case may be, as prescribed.

Review of determination by medical assessor or the Appellate

Section 49

Medical Board

(2)

Any determination under this Act by a medical assessor or the

Appellate Medical Board may be reviewed at any time by the medical assessor or the Appellate Medical Board, if the medical assessor or the Appellate Medical Board is satisfied by fresh evidence that the determination was given in consequence of a non-disclosure or misrepresentation by an insured housewife or any other person of a material fact whether the non-disclosure or misrepresentation was or was not fraudulent.

Housewives’ Social Security 39

(3)

Any determination of the extent of the invalidity, or permanent disablement resulting from the relevant injury may also be reviewed by a medical assessor or the Appellate Medical Board, if the medical assessor or the Appellate Medical Board is satisfied that since the making of the determination, there has been a substantial and unforeseen aggravation of the extent of the invalidity, or permanent disablement resulting from the relevant injury.

(4)

Notwithstanding subsection (3), the determination shall not be reviewed unless the medical assessor or the Appellate Medical Board is of the opinion that, having regard to the period taken into account by the determination, substantial injustice will be done by not reviewing the determination.

(5)

Except with leave of the Appellate Medical Board, the determination shall not be reviewed under subsection (3) on any application for review made less than twelve months from the date of the determination.

(6)

Subject to subsection (5), a medical assessor or the Appellate

Medical Board may deal with a case of review in any manner in which the medical assessor or the Appellate Medical Board could deal with it on an original reference to the medical assessor or the

Appellate Medical Board.

(7)

Section 47 shall apply to an application for review under this section.

Review of morbid allowance

Section 50

Subject to this Act and the regulations, the Organization may review the payment of any morbid allowance to any housewife and as a result of such review may increase, continue, reduce or discontinue such allowance.

40

Section 51

Suspension and cessation of morbid allowance

(a)

fails to appear, without good cause, when directed, before the medical assessors or any other authority for verification of the existence or the continued existence of her invalidity;

(b)

refuses or neglects without good cause to comply with any directive issued to her by or on behalf of the Organization with regard to any process of physical rehabilitation which she is required to undergo at no cost; or

(c)

fails, without good cause, to submit herself to any free medical treatment including fitting of prosthetic appliances offered by the Organization for her invalidity or fails to carry out any instructions of the medical officer in whose care she is placed:

Provided that she shall not be required to undergo any operation that is capable of endangering her life or health.

(2)

The Organization may cease the payment of morbid allowance if the Organization is satisfied that—

(a)

the recipient or any person in connection with the morbid allowance has fraudulently acted towards the Organization in connection with any claim which she has made or any payment which she has received;

(b)

the recipient is preparing to commit or abetting in an illegal act; or

(c)

the recipient has committed or engaged in an illegal act.

Housewives’ Social Security 41

FINANCIAL PROVISIONS

Housewives’ Social Security Fund

Section 52

(2)

The Fund shall consist of—

(a)

contributions by or on behalf of a housewife;

(b)

rents, interests, dividends and any other incomes derived from the assets of the Fund;

(c)

sums accruing to the Fund under this Act including the repayment of benefits;

(d)

moneys borrowed by the Organization under this Act;

(e)

fees;

(f)

moneys derived as income from the investment by the

Organization under this Act;

(g)

moneys received by the Organization by way of grants, donations and gifts for the purposes of this Act;

(h)

moneys derived from the sale, disposal, lease or hire of, or any other dealing with, any property, mortgage, charge or debenture transferred to, vested in or acquired by the

Organization;

(i)

other moneys and properties which may, in any manner, become payable to or vested in the Organization in respect of the performance of its functions and the exercise of its powers;

42

(j)

any costs paid to or recovered by the Organization in any settlement of action or proceedings, civil or criminal; and

(k)

all other moneys and properties lawfully received by the

Organization.

Expenditure to be charged on Fund

Section 53

The Fund shall be expended for the following purposes:

(a)

the payment of benefits and provision of medical treatment and attendance to insured housewives or to their dependants;

(b)

the establishment and maintenance of hospitals, dispensaries and other institutions and the provision of medical services including any other ancillary services for the benefit of insured housewives;

(c)

the payment to the Government, local authority or any private body or individual for the costs of medical treatment and attendance, facilities for physical rehabilitation or dialysis provided to insured housewives;

(d)

the payment to the Government, local authority or any private body or individual for the costs of renting or purchasing any building and equipment in relation to medical treatment, facilities for physical rehabilitation or dialysis;

(e)

the payment of expenses or costs incurred by the

Organization in relation to the Tribunals, Appellate Medical

Boards, medical assessors and agents for the purposes of this Act;

(f)

the payment of expenses or moneys required to satisfy any judgment, decision or award by any court or tribunal against the Organization, the Chairman of the Board or the

Committee or committees, Director General, Deputy

Housewives’ Social Security 43

Directors General, any of the members of the Board or committees, Inspector, and officers and servants of the

Organization in respect of any act, neglect or default done or committed in the performance of the functions or the exercise of the powers of the Organization;

(g)

the payment of allowances and other expenses to the members of the Board, the Committee and committees;

(h)

the payment of legal fees and other charges for instituting or defending any civil or criminal proceedings arising out of any action taken under this Act or any regulations made under this Act;

(i)

the defrayment of expenditure on measures for the improvement of the health, safety, welfare and well-being of insured housewives or dependants or any housewife and for the rehabilitation of insured housewives who have been disabled or injured;

(j)

the repayment of moneys borrowed under this Act and the interest or profit due on the borrowed moneys;

(k)

the establishment or taking over of a company under this

Act and its maintenance; and

(l)

the payment of other expenses and expenditure as may be permitted by this Act or any regulations made under this

Act, or incurred in the performance of the functions or the exercise of the powers of the Organization.

Expenditure on administration

Section 54

(a)

paying for salaries, bonus, leave and transfer expenses, travelling and compensatory allowances, gratuities and compassionate allowances, contribution to the benefit fund, welfare and recreation of the officers and servants of the

Organization including the granting of loans and advances, and expenditure in respect of offices and payment of other services provided under this Act or any regulations made under this Act;

(b)

paying for fees and other remunerations to any auditor, actuary, agent, technical adviser, banker, stockbroker, surveyor, consultant or any other persons engaged to carry into effect the purposes of this Act; and

(c)

purchasing or hiring equipment, machinery and any other things including renting of any building or premise in the performance of its functions and in the exercise of its powers under this Act or any regulations made under this

Act.

(2)

The Board may, subject to such conditions, limitations or restrictions as the Board thinks fit, delegate to the Chairman of the

Board, Director General, Deputy Directors General, any of the members of the Board, the Committee or committees, Inspector, or officers and servants of the Organization, the authority to sanction expenditure from the Fund or any other moneys vested in and under the control of the Board up to such limit as the Board may determine.

Power to accept grants, donations, etc.

Section 55

(2)

The Organization may expand the grants, donations and gifts or bequests for the purposes of corporate social responsibility related to the health, safety, welfare and well-being of housewives.

Housewives’ Social Security 45

Power to invest

Section 56

(2)

The moneys in the Fund shall, in so far as the moneys are not immediately required to be expended by the Organization under this

Act or any regulations made under this Act, be invested subject to such terms and conditions as determined by the Minister after consultation with the Minister of Finance as follows:

(a)

in investments or securities authorized for the investment of trust funds by any written law;

(b)

in investment in shares and debentures in any public company the prices of which are quoted or sought to be quoted on the stock exchange established in Malaysia; and

(c)

in such other investments or securities as the Board may decide based on the recommendation by the Committee.

(3)

The investments made under subsection (2) may be varied, transposed or realized from time to time.

(4)

The Minister may at any time, after consultation with the

Minister of Finance, direct the vacation in part or in whole, or prohibit investment, in any security.

(5)

The power to invest under subsection (2) shall vest on the

Committee, subject to such directions as may be issued by the Board.

46

(6)

The Organization shall, with the approval of the Board and after consultation with the Minister of Finance, determine the procedure for investment of the Fund including its transfer or realization, the bank in which the Fund may be deposited, the raising and repayment of loans and the financial control and procedures.

Power to borrow

Section 57

(2)

No moneys from any fund administered by the Organization under any other written law may be utilized for the purpose of borrowing under subsection (1).

Annual estimates

Section 58

(2)

The budget shall be submitted for the approval of the Minister before such date as he may fix.

Accounts and reports

Section 59

The Organization shall cause proper accounts of the Fund and proper records of its activities to be kept and shall, as soon as

Housewives’ Social Security 47

practicable after the end of each financial year, cause to be prepared for that financial year—

(a)

a statement of accounts of the Organization which shall include a balance sheet and an account of income and expenditure; and

(b)

a report of the works and activities of the Organization.

Audit

Section 60

(2)

The Auditor General or any person authorized by him shall at all reasonable times have access to the books, accounts and other documents of the Organization and may, for the purposes of an audit, require any explanation and information from, or examine, any officer and servant of the Organization.

(3)

The Board shall forward to the Minister a copy of the auditor’s report and any observations together with an audited copy of the accounts of the Organization.

(4)

The Minister may direct the Board to send a copy of the auditor’s report and any statement of accounts to any Government department and such statement of accounts to the Auditor General as necessary.

Annual report

Section 61

The Board shall submit to the Minister the annual report of the works and activities of the Organization before 30 June the following year unless otherwise extended by the Minister.

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Section 62

Annual report and audited accounts to be laid

The Board shall cause the annual report and the audited accounts of the Organization to be laid before each House of Parliament.

Section 63

Valuation of assets and liabilities

(2)

Notwithstanding subsection (1), the Minister may direct that such actuarial review and the valuation of the assets and liabilities to be made at any other time as he considers necessary.

Imposition of surcharge

Section 64

(a)

is or was responsible for any improper payment of moneys from the Fund or for any payment of such moneys which is not duly vouched;

(b)

is or was responsible for any deficiency in, or for the destruction of, any moneys, securities, stores or other properties of the Organization;

(c)

being or having been an accounting officer, fails or has failed to keep proper accounts or records; or

(d)

has failed to make any payment, or is or was responsible for any delay in the payment of money from the Fund to any person to whom such payment is due under any contract, agreement or arrangement entered into between that person and the Organization.

Housewives’ Social Security 49

(2)

The Board shall, before a person is surcharged under subsection (1), serve on him a notice in writing calling on him to show cause why he should not be surcharged.

(3)

If a satisfactory explanation is not received within thirty days from the date of service of the notice under subsection (2), the Board may—

(a)

in the case of paragraphs (1)(a) and (b), surcharge against the person, a sum not exceeding the amount not collected, or of the improper payment made, or of the deficiency in the value of, or loss of, the moneys, securities, stores or other properties of the Organization; and

(b)

in the case of paragraphs (1)(c) and (d), surcharge against the person such sum as the Board thinks fit.

(4)

The Board shall cause the Director General to be notified of any surcharge made under subsection (1) and the Director General shall thereupon notify the person surcharged.

(5)

Notwithstanding subsections (3) and (4), the Board may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it otherwise appears that no surcharge should have been made, and the Board shall cause the

Director General to be notified of the withdrawal and the Director

General shall thereupon notify the person surcharged.

(6)

The amount of any surcharge made under subsection (3) and not withdrawn under subsection (5) shall be a civil debt due to the

Organization from the person surcharged and may be sued for and recovered in any court at the suit of the Organization and may also if the Board so directs be recovered by deduction—

(a)

from the salary of the person surcharged; or

(b)

from the pension of the person surcharged, by equal monthly instalments not exceeding one-fourth of the total monthly salary or pension of that person, as the case may be.

50

THE HOUSEWIVES’ SOCIAL SECURITY TRIBUNAL

Housewives’ Social Security Tribunal

Section 65

(2)

The Tribunal shall be presided by a Chairman appointed by the

Minister upon such terms and conditions as the Minister may determine.

(3)

A person is qualified for an appointment as a Chairman under subsection (2) if —

(a)

he is a citizen; and

(b)

for the ten years preceding his appointment, he has been—

(i)

a member of the judicial and legal service of the

Federation;

(ii)

an advocate and solicitor within the meaning of the

Legal Profession Act 1976 [Act 166];

(iii)

an advocate within the meaning of the Advocates

Ordinance of Sabah [Sabah Cap. 2]; or

(iv)

an advocate within the meaning of the Advocates

Ordinance of Sarawak [Sarawak Cap. 110].

Matters to be decided by Tribunal

Section 66

(a)

whether any person is a housewife, dependant or insured housewife within the meaning of this Act;

(b)

whether any accident or incident caused any injury to the insured housewife within the meaning of this Act;

(c)

whether any accident, incident or disease suffered by any insured housewife is a domestic injury within the contribution period;

(d)

the rate of contribution paid in advance and payment of contribution of any insured housewife for the purposes of this Act;

(e)

the right or eligibility of any insured housewife 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;

(g)

any claim by the Organization against any person to recover any benefit which has been paid out not in accordance with this Act;

(h)

any other matter which is in dispute between an insured housewife, dependant or any 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 permanent disablement or invalidity, injury or 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

52

Organization to submit the question of permanent disablement or invalidity, injury or 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 permanent disablement or invalidity, injury or 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 is to be decided by the Tribunal under this Act or any regulations made under this Act.

(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.

(5)

The Tribunal and civil court shall have no jurisdiction to decide or deal with any question or dispute which, by or under this

Act, is to be decided by the medical assessor or the Appellate

Medical Board.

Institution of proceedings, etc.

Section 67

Housewives’ Social Security 51

(2)

The Chairman of the Tribunal may, upon application made by the parties to the Tribunal, transfer any matter pending before him in a State or area to any other Tribunal in another State or area and shall give his reasons for allowing or not allowing the application for transfer.

(3)

The Tribunal to which any matter or proceedings is transferred under subsection (2) shall continue to decide on the matter or proceedings as if the matter or proceedings had been originally instituted in such Tribunal.

Housewives’ Social Security 53

Commencement of proceedings

Section 68

(2)

The application referred to in subsection (1) shall be made in such manner as may be determined by the Organization and be accompanied by a fee.

(3)

For the purposes of subsection (1)—

(a)

the cause of action in respect of a claim for benefits shall be deemed to arise from the date the written decision of the

Organization on such claim is received by the following person:

(i)

the insured housewife;

(ii)

in relation to survivors’ pension, the dependant of the insured housewife; or

(iii)

in relation to funeral benefit, the claimant;

(b)

the cause of action in respect of any claim by the

Organization for recovering benefits from an insured housewife, her dependants or any other person shall be deemed to arise from the date of the evidence of benefits have been paid due to mistake or fraud appear.

Powers of Tribunal

Section 69

(2)

All costs incidental to any proceedings before a Tribunal shall subject to the discretion of the Tribunal.

54

(3)

An order of the Tribunal shall be enforceable as if it was a judgment of a Sessions Court.

Representation in proceedings before Tribunal

Section 70

Any person may, at any proceedings before the Tribunal except the appearance of the person for the purposes of his examination as a witness, appear personally or be represented by a legal practitioner, or by any person authorized in writing by the person, or where there is no authorization in writing, by any person allowed by the Tribunal to appear on behalf of the person.

Section 71

Benefit not paid for non-compliance of Act or regulations

(2)

Notwithstanding subsection (1), the Tribunal may direct the payment of the benefit if the Tribunal is satisfied that there was reasonable excuse for not making a claim for the benefit in compliance with this Act or any regulations made under this Act.

Reference to High Court

Section 72

The Tribunal may submit any question of law for the decision of the High Court and shall decide the question pending before the

Tribunal in accordance with such decision.

Section 73

Appeal

(2)

The appeal referred to in subsection (1) shall be made within sixty days from the date of the written order is made by the Tribunal.

Stay of payment pending appeal

Section 74

Housewives’ Social Security 55

Where the Organization has made an appeal against an order of the Tribunal, the Tribunal may, and if directed by the High Court shall, pending the decision of the appeal, withhold the order appealed against relating to the payment of any sum of money.

ENFORCEMENT AND INVESTIGATION

Powers of enforcement, inspection and investigation

Section 75

(2)

The Inspector shall have all the powers of a police officer of whatever rank as provided for under the Criminal Procedure Code

[Act 593], except the power to arrest without warrant, in relation to enforcement, inspection and investigation, and such powers shall be in addition to the powers conferred by this Act and not in derogation thereof.

(3)

The Inspector may examine any person if the Inspector has reasonable grounds to believe that the person has relevant information or document relating to any managing household activity.

(4)

The Director General and Deputy Directors General shall have all the powers of the Inspector under this Act or any regulations made under this Act.

56

Power to require information and conduct inspection

Section 76

(a)

to provide such information to the Director General or the

Inspector within such time as may be specified in the notice;

or

(b)

to attend personally before the Director General or the

Inspector and to produce for examination any book, account, record or other documents including electronic record as the Director General or the Inspector deems necessary.

(2)

Where it appears to any Magistrate upon written information on oath and after such enquiry as he thinks necessary that there is reasonable grounds to believe that in any place or building there is any book, account, record or other documents including electronic record the production of which has been required under subsection (1) but has not been produced, such Magistrate may issue a warrant authorizing the Director General, the Inspector or any officer of the Organization authorized by the Director General, with or without assistance, enter the place or building, by force if necessary, and inspect the place or building, seize, take possession of and detain any book, account, record or other documents including electronic record.

(3)

Any person who fails to comply with subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Housewives’ Social Security 57

Obstructing, etc., Director General, Deputy Directors General or

Inspector

Section 77

Act—

(a)

fails to comply with any direction given by the Director

General, any Deputy Directors General or Inspector while exercising his powers and performing his functions under this Act or any regulations made under this Act; or

(b)

in any way assaults, hinders or obstructs the Director

General, any Deputy Directors General or Inspector while exercising his powers and performing his functions under this Act or any regulations made under this Act, commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

OFFENCES AND PENALTIES

Giving false or misleading information or document

Section 78

Any person who—

(a)

provides or causes any person to provide any information or document to the Organization which he knows or has reason to believe is false or misleading; or

(b)

makes in writing or signs any declaration, form, report, certificate or other document required by this Act or any regulations made under this Act which is untrue or incorrect in any material particular, commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

58

Fraud or forgery in connection with payment of contributions or claim for benefits

Section 79

Any person who commits or conspires to commit any act of fraud or forgery in connection with the payment of contributions or a claim for benefits commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding two years or to a fine not exceeding ten thousand ringgit or to both.

Section 80

Court’s order in respect of contributions or benefits due and payable to Organization

(2)

The amount of any contribution or payment referred to in subsection (1) shall be certified by an officer of the Organization authorized by the Director General to be due from such person prior to the date of such finding of guilt and the certification of the authorized officer shall be prima facie evidence of the amount due and payable to the Organization.

(3)

Where any person has been found guilty of an offence under section 78 or 79 relating to the content of any document or report produced to the Organization, the court before which the person is found guilty may order such person to submit the required document or report within the time determined by the court.

(4)

The amount of any contribution or payment referred to in subsection (1) shall be recoverable in the same manner as, and shall be appealable as if it was, an order for payment of compensation under section 426 of the Criminal Procedure Code, except where the court directs payment of the sum of money to be made by

Housewives’ Social Security 59

instalments, the court shall direct that the sum of money be paid in not more than six instalments within six months.

Copy of entry to be prima facie evidence and production of documents

Section 81

(2)

The court may, upon application by the Public Prosecutor, require any person to produce any document which is in his possession and relevant to the case, and such documents shall be produced within the time specified by the court.

Prosecution

Section 82

No prosecution shall be instituted for any offence under this Act or any regulations made under this Act except by or with the consent in writing of the Public Prosecutor.

Section 83

Compounding of offences

(a)

any offence under this Act or any regulations made under this Act as an offence which may be compounded; and

(b)

the method and procedure for compounding such offence.

(2)

The Director General or any officer of the Organization authorized in writing by the Director General may, with the consent in writing of the Public Prosecutor, at any time before a prosecution is instituted, compound any offence which may be compounded by

60

making a written offer to the person reasonably suspected of having committed the offence upon payment to the Director General, a sum of money not exceeding fifty per centum of the amount of the maximum fine to which the person would have been liable to if he had been convicted of the offence, within such time as may be specified in the written offer.

(3)

The written offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted, and where the amount specified in the written offer is not paid within the time specified in the written offer, or such extended time as the Director General may grant, the prosecution for the offence may be instituted at any time after that against the person to whom the written offer was made.

(4)

Where an offence has been compounded under subsection (2), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and the Director

General, may return any book, account, record or other documents including electronic record seized in connection with the offence, subject to such terms as the Director General thinks fit.

(5)

All sums of moneys received by the Director General under this section shall be paid into and form part of the Fund.

GENERAL

Appointment of collection agent

Section 84

The Organization may appoint such number of collection agents for the purposes of recovery of any sum due to the Organization.

Housewives’ Social Security 61

Section 85

Engagement of auditors, actuaries, etc.

The Organization may, subject to such terms and conditions, engage such auditors, actuaries, technical advisers, bankers, stockbrokers, surveyors, consultants or any other persons as the

Organization deems fit to assist the Organization in the performance of its functions.

Director General, Deputy Directors General, Inspector, and officers and servants of the Organization entitled to receive salary, allowances, etc.

Section 86

Where the Director General, Deputy Directors General,

Inspector, and officers and servants of the Organization exercise his powers and perform his functions for the purposes of this Act, his salary, allowances, advances and any other payments which they shall be entitled to receive shall be paid out of the Fund.

Section 87

Public servant

The Director General, Deputy Directors General, all members of the Board, the Committee and committees established under section 9, Inspector, and officers and servants of the Organization, while discharging their duties under this Act or any regulations made under this Act, shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].

Section 88

Power of Organization to establish or take over companies

(2)

The Organization may give directions to the company referred to in subsection (1) on matters relating to the administration, finance and operation of the company which are consistent with the provisions of this Act, and such company shall give effect to the directions.

Power to exempt

Section 89

The Minister may, by order published in the Gazette and subject to such terms and conditions specified in the order, exempt —

(a)

any housewife or husband to the housewife; or

(b)

any dependant, from any of the provisions of this Act or any regulations made under this Act.

Disposal of documents after more than three years

Section 90

(2)

Where a paper-based document has been copied in accordance with subsection (1), the Director General may authorize the disposal of the paper-based document after the expiry of a period of three years from the making of such electronic copy.

(3)

A copy of the paper-based document kept on an electronic medium in accordance with subsection (1) shall be admissible as evidence of any fact stated therein in accordance with section 90A of the Evidence Act 1950 [Act 56].

Housewives’ Social Security 63

Power to amend Schedules

Section 91

The Minister may, by order published in the Gazette, amend the

Schedules.

Section 92

Power to make regulations

(2)

Without prejudice to the generality of subsection (1), such regulations may prescribe—

(a)

all matters relating to the Committee or committees which includes the procedure to be followed by such Committee or committees;

(b)

all matters relating to other expenses and expenditure as may be permitted to be expended from the Fund;

(c)

the amount of the Fund authorized to be expended for the purposes of expenditure on the administration of the

Scheme;

(d)

the costs and fees payable in relation to any proceedings before the Tribunal;

(e)

the manner and procedure of any proceedings before the

Tribunal;

(f)

the establishment of hospitals, dispensaries and other institutions, and the allotment of insured housewives to any such hospital, dispensary, clinic or other institutions;

(g)

all matters relating to the determination of insurability of an insured housewife and the payment of contribution;

64

(h)

all matters relating or incidental to the payment and collection of contributions which includes as follows:

(i)

the manner and time of payment of contributions; and

(ii)

the amount of payment of contributions;

(i)

all matters relating to contributions and benefits purposes which includes as follows:

(i)

matters in respect of registration and the manner of registration;

(ii)

the calculation and determination of eligibility of contribution and coverage period for an insured housewife;

(iii)

the contribution including the rate of contribution paid in advance and payment of contribution paid in advance by a husband or an insured housewife;

(iv)

the rate of benefits and certification of disability, invalidity and eligibility for any benefit or facility under this Act;

(v)

the manner for assessing any cash benefit under this

Act including the method of calculating cash benefit;

(vi)

the manner for assessing of the value of any benefit or facility which is not cash benefit and its reimbursement;

(vii)

the method of calculating the amount of cash benefit or travelling and other allowances payable, and the circumstances in which and the extent to which commutation of disability and invalidity benefits may be allowed and the method of calculating the commutation value;

Housewives’ Social Security 65

(viii)

the conditions to be observed by an insured housewife while in receipt of any benefit under this Act including the requirement of medical examination of such person;

(ix)

the manner for adjusting the permanent disablement benefit payable in respect of one or multiple domestic injury or the conditions for the receipt of the benefit in any case where the permanent disablement benefit has been commuted into a lump sum;

(x)

the manner or determination of entitlement for benefit which the insured housewife is entitled under the

Employees’

Social

Security

Act 1969,

Self-Employment Social Security Act 2017 [Act 789] and this Act;

(xi)

the manner of the appointment of, payment of allowance of and procedure for determination by, medical assessor;

(xii)

the manner of the appointment and duty of a medical officer;

(j)

all matters relating to any new programme, scheme, fee, measure or financial assistance if the Minister considers necessary to maintain well-being and welfare of an insured housewife and her dependant;

(k)

any other matters to be prescribed under this Act.

(3)

Any regulations made under this Act may prescribe for any act or omission in contravention of the regulations to be an offence and may prescribe for penalties of a fine not exceeding ten thousand ringgit or imprisonment for a term not exceeding two years or both for such offence.

(4)

Notwithstanding subsections (1) and (2), the Minister may apply any regulations made under the Employees’ Social Security

Act 1969, Self-Employment Social Security Act 2017 and any other

66

Act administered by the Organization for the purposes of this Act subject to such conditions and amendments which are not inconsistent with this Act.

Recommendation of Committee to review Scheme

Section 93

(2)

The recommendations of the Committee referred to in subsection (1)—

(a)

shall be accompanied by the actuarial report;

(b)

shall take into account the social policy of the Government;

and

(c)

may include—

(i)

a proposal for a new rate of contribution paid in advance;

(ii)

a proposal for changes in the rates of certain cash benefit; and

(iii)

extension or deletion of types of benefits.

Organization may deal with authorized person

Section 94

(2)

The Organization may refuse to entertain any representation made by any other person.

Electronic submission of documents

Section 95

(2)

The conditions and specifications under which the returns, particulars, records, notice, reports, register or other documents referred to in subsection (1) are to be submitted or furnished shall be as determined by the Organization.

(3)

The returns, particulars, records, notice, reports, register or other documents referred to in subsection (1) shall be deemed to have been submitted or furnished by a person to the Organization on the date the acknowledgement of receipt of such returns, particulars, records, notice, reports, register or other documents are transmitted electronically by the Organization to the person.

(4)

The acknowledgment of receipt by the Organization, returns, particulars, records, notice, reports, register or other documents submitted or furnished pursuant to subsection (3) shall be admissible as evidence in any proceedings.

Establishment and maintenance of hospitals, etc.

Section 96

(2)

The Organization may enter into agreement with any

Government, local authority, statutory body, person, private or individual with regard to the provisions of medical treatment and attendance for an insured housewife in any area and payment of the cost of such medical treatment and attendance.

Power to co-operate with existing institutions or promote measures for health, welfare, etc., of insured housewives

Section 97

(2)

For the purposes of subsection (1), the co-operation shall not create any benefit other than provided for under this Act.

(3)

The measures under subsection (1) may include the provision of artificial limbs and appliances under suitable conditions and convalescent or shelter homes.

FIRST SCHEDULE

[Subsection 2(2)]

Section 1

Housewife who has attained the age of fifty-five years.

Section 2

Housewife who has attained the age of fifty-four years and in respect of whom no contribution were payable under this Act before she attained the age of fifty-four years.

Housewives’ Social Security 69

SECOND SCHEDULE

[Sections 25 and 26]

No.

Description of

Injury

Percentage of Loss of Ability

Capacity

Maximum

Amount of

Lump

Sum

Payment 1.

Loss of both hands or amputation at higher sites 100

RM30,000 2.

Lost of hand and foot 100

RM30,000 3.

Double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot 100

RM30,000 4.

Loss of sight to such an extent as to render the claimant unable to perform any work for which eye-sight is essential 100

RM30,000 5.

Very severe facial disfigurement 100

RM30,000 6.

Absolute deafness 100

RM30,000

Amputation—upper limbs (either arm) cases 7.

Amputation through shoulder joint 90

RM27,000 8.

Amputation below shoulder with stump less than 8” from tip of acromion 80

RM24,000 9.

Amputation below 8” from tip of acromion to less than 4½” below tip of elecranon 70

RM21,000

Section 10

Loss of the hand or of the thumb and four fingers of one hand or amputation from 4½” below tip of olecranon 60

Section 11

RM18,000

Section 12

Loss of thumb and its metacarpal bone 40

Section 13

Loss of four fingers of one hand 50

Section 14

RM15,000

70

Section 15

Loss of two fingers of one hand 20

Section 16

Loss of terminal phalanx of thumb 20

Section 17

Amputation—lower limbs cases

Section 18

RM27,000

Section 19

RM24,000

Section 20

Loss of all toes of both feet proximal to the proximal inter-phalangeal joint 30

Section 21

Loss of all toes of both feet distal to the proximal inter-phalangeal joint 20

Section 22

Amputation at hip 90

Section 23

RM27,000

Amputation below hip with stump not exceeding 5” in length measured from tip of great trochanter 80

Section 24

RM24,000

Amputation below hip with stump exceeding 5” in length measured from tip of great trochanter but not beyond middle thigh 70

Section 25

RM21,000

below knee 60

Section 26

RM18,000

50

Section 27

RM15,000

40

Section 28

Amputation of one foot resulting in end-bearing 30

Section 29

Amputation through one foot proximal to the metatarso-phalangeal joint 30

Section 30

Loss of all toes of one foot through the metatarso-phalangeal joint 20

Housewives’ Social Security 71

Section 31

Other injuries

Section 32

Loss of vision of one eye without complications or disfigurement of eye-ball, the other being normal 30

Section 33

Permanent total loss of hearing in one ear 20

Loss of—

A—Fingers of right or left hand

Section 34

Index finger

Section 35

RM4,200

Section 36

RM3,300

Section 37

Guillotine amputation of tip without loss of bone 5

Section 38

Middle finger

Section 39

RM3,600

Section 40

One phalanx 7

Section 41

RM2,100

RM1,200

Section 42

Ring or little finger

Section 43

RM2,100

Section 44

RM1,800

Section 45

Guillotine amputation of tip without loss of bone 2

B—Toes of right or left foot

Section 46

Great toe

RM4,200

72

Section 47

Part, with some loss of bone 3

Section 48

Any other toe

Section 49

Part, with some loss of bone 1

RM300

Section 50

Two toes of one foot, excluding great toe

Section 51

Part, with some loss of bone 2

Section 52

Three toes of one foot, excluding great toe

Section 53

RM1,800

Section 54

Four toes of one foot, excluding great toe

Section 55

Part, with some loss of bone 3

Section 1

For the purposes of this Act—

(a)

the maximum amount for permanent disablement benefits shall be

RM30,000.00, to be paid within a contribution period; and

(b)

the loss of the function of any limb referred to in this Schedule shall be determined by the Organization and deemed to be equivalent of the loss of that limb.

Section 2

For the purpose of determining a permanent disablement, this Schedule shall be read together with the guidelines on Impairment and Disability Assessment issued by the Organization.

Housewives’ Social Security 73

THIRD SCHEDULE

[Section 15 and 35]

RATES OF CONTRIBUTION

The rates of payment for contribution paid in advance is based on the amount of presumed monthly income for housewives and shall be calculated with reference to twelve months and paid at the following rates:

No.

Presumed Monthly Income

Contribution for Twelve Months per housewife 1.

RM120

FOURTH SCHEDULE

[Section 31 and 36]

MORBID ALLOWANCE AND SURVIVORS’ PENSION

Section 1

Daily rate of survivors’ pension shall be the amount of the monthly rate morbid allowance paid or payable to the deceased insured housewife for the month immediately preceding the month of death divided by the number of days in the month in which the pension is paid or payable.

Section 2

Where an insured housewife who is in receipt of morbid allowance, or if she has not attained fifty-five years of age but is within coverage period, dies or if an insured housewife dies as a result of a domestic injury suffered within the contribution period, the daily rate of survivors’ pension shall be a basic amount equivalent to fifty per cent of her presumed monthly income divided by the number of days in the month in which the pension is paid or payable.

Section 3

Daily rate of survivors’ pension shall be payable as follows:

(a)

for the widower, an amount equivalent to three-fifths of the daily rate of survivors’ pension; and

(b)

for each child, two-fifths of the daily rate of survivors’ pension:

Provided that if the total of survivors’ pension distributed among the widower and child exceeds at any time the daily rate of survivors’ pension, the share of each dependant shall be proportionately reduced so that the total amount payable does not exceed the daily rate of survivors’ pension:

74

Provided further that the daily rate of survivors’ pension for each child shall be three-fifths of the daily rate of survivors’ pension if there is no widower or if the widower dies, and if there be more than one child, the amount payable shall be equally divided among them.

Section 4

If an insured housewife who is in receipt of morbid allowance, or if she has not attained fifty-five years of age but is within coverage period, dies or if an insured housewife dies as a result of a domestic injury suffered within the contribution period, and does not leave a widower or child, survivors’ pension shall be payable to a parent, an amount equivalent to four-tenths of the daily rate of survivors’

pension, and if there are two or more parents, the amount payable shall be divided equally among them.

FIFTH SCHEDULE

[Subsection 22(3)]

FINANCIAL ASSISTANCE FOR END STAGE RENAL FAILURE

Two hundred ringgit per month until she attains the age of fifty-five years or dies, whichever is earlier.

SIXTH SCHEDULE

[Section 29]

FUNERAL BENEFIT

One-off payment of three thousand ringgit.

SEVENTH SCHEDULE

[Section 30]

CONSTANT ATTENDANCE ALLOWANCE

Two hundred and fifty ringgit per month until the housewife is certified to be no longer having the degree of incapacity qualifying her to receive the constant attendance allowance by medical assessor or the Appellate Medical Board or until the housewife has attained the age of fifty-five years or dies, whichever is earlier.

Housewives’ Social Security 75

EIGHTH SCHEDULE

[Section 37]

PHYSICAL REHABILITATION AND DIALYSIS

The maximum amount to be expended on physical rehabilitation shall be fifty thousand ringgit in one contribution period and treatment for dialysis shall be two hundred ringgit per month or according to the Fees Act 1951 [Act 209], whichever is lower.

76

Act 838

LIST OF AMENDMENTS

Amending law

Short title

In force from

P.U. (A) 142/2024

Housewives’

Social

Security

(Amendment of Sixth Schedule) Order 2024 01-06-2024

77

Act 838

LIST OF AMENDMENTS

Section

Amending authority

In force from

Sixth Schedule

P.U. (A) 142/2024 01-06-2024

*HOUSEWIVES' SOCIAL SECURITY ACT 2022

About this act

PART I

(2)

(2)

(a)

(i)

(ii)

(b)

(a)

(b)

(c)

(a)

(b)

(a)

(b)

(c)

PART II

(2)

(3)

(2)

(3)

(4)

(5)

(a)

(b)

(c)

(2)

PART III

(2)

(3)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(2)

(3)

(a)

(b)

(c)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(a)

(b)

(c)

PART IV

(2)

(a)

(b)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)