SELF-EMPLOYMENT SOCIAL SECURITY ACT 2017

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 789 SELF-EMPLOYMENT SOCIAL SECURITY ACT 2017 As at 1 October 2021 2 SELF-EMPLOYMENT SOCIAL SECURITY ACT 2017 Date of Royal Assent… … … … … … … 26 May 2017 Date of publication in the Gazette… … … 1 June 2017 Latest amendment made by P.U. (A) 371/2021 which came into operation on ... ... ... ... … … … …1 October 2021 3 LAWS OF MALAYSIA Act 789 SELF-EMPLOYMENT SOCIAL SECURITY ACT 2017 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Application 3. Interpretation PART II ADMINISTRATION OF SELF-EMPLOYMENT SOCIAL SECURITY SCHEME 4. Administration of Self-Employment Social Security Scheme 5. Director General 6. Powers of Organization to hold properties, etc. 7. Exercise of powers and functions of Organization PART III COMMITTEES 8. Establishment of committees 9. Self-Employment Social Security Committee 4 Laws of Malaysia ACT 789 PART IV IMPLEMENTATION, REGISTRATION AND CONTRIBUTION Section 10. Implementation of Self-Employment Social Security Scheme 11. Registration and contribution 12. Power to appoint self-employment social security agent 13. Validation of contribution 14. Determination of activity in certain case, coverage period, etc. PART V BENEFITS 15. Claim for benefits 16. Occupational diseases 17. Temporary disablement benefit 18. Permanent disablement benefit 19. Dependants’ benefit 20. Funeral benefit 21. Constant attendance allowance 22. Medical benefit 23. Scale of medical benefit 24. Facilities for physical or vocational rehabilitation, or dialysis 25. Education benefit 26. Organization to be responsible for recovery and collection of repayments of educational loan 27. Payment for travelling and other allowances 28. Benefit not assignable or attachable 29. Commutation of permanent disablement benefit 30. Claimant of disablement benefit to observe conditions 31. Recipient of temporary disablement benefit to observe conditions 32. Obligation of reporting Self-Employment Social Security 5 Section 33. Right of Organization to recover benefit or money 34. Repayment of benefit improperly received 35. Payment of amount of benefit outstanding at time of death of self-employed insured person 36. Self-employed insured person who has more than one contribution 37. Benefit for two or more successive accidents 38. Entitlement for benefit under other laws PART VI DETERMINATION, REVIEW AND APPEAL 39. Determination of question of permanent disablement 40. Determination of question of occupational disease 41. Reference to medical assessor and appeal to the Appellate Medical Board 42. Claimant for benefits dies, etc., before examination by medical assessor or the Appellate Medical Board 43. Review of determination by medical assessor or the Appellate Medical Board 44. Review of dependants’ benefit PART VII FINANCIAL PROVISIONS 45. Self-Employment Social Security Fund 46. Expenditure to be charged on Fund 47. Expenditure on administration 48. Power to accept grants, donations, etc. 49. Power to invest 50. Power to borrow 51. Annual estimates 52. Accounts and reports 53. Audit 6 Laws of Malaysia ACT 789 Section 54. Annual report 55. Annual report and audited accounts to be laid 56. Valuation of assets and liabilities 57. Imposition of surcharge PART VIII THE SOCIAL SECURITY TRIBUNAL 58. Constitution of Social Security Tribunal 59. Matters to be decided by Tribunal 60. Institution of proceedings, etc. 61. Commencement of proceedings 62. Powers of Tribunal 63. Representation in proceedings before Tribunal 64. Benefit not paid for non-compliance of regulations 65. Reference to High Court 66. Appeal 67. Stay of payment pending appeal PART IX ENFORCEMENT AND INVESTIGATION 68. Powers of enforcement, inspection and investigation 69. Power to require information and conduct inspection 70. Obstructing, etc., Director General, Deputy Directors General or Inspector PART X OFFENCES AND PENALTIES 71. Giving false or misleading information or document Self-Employment Social Security 7 Section 72. Court’s order in respect of contributions or benefit due and payable to Organization 73. Copy of entry to be prima facie evidence and production of documents 74. Prosecution 75. Compounding of offence PART XI GENERAL 76. Appointment of collection agent 77. Engaging of auditors, actuaries, etc. 78. Director General, Deputy Directors General, Inspector, and officers and servants of the Organization entitled to receive salary, allowances, etc. 79. Public servant 80. Power of Organization to establish or take over companies 81. Power to exempt 82. Disposal of documents 83. Power to make regulations 84. Power to amend Schedule 85. Duty of Board to review benefits 86. Organization to deal with authorized person 87. Electronic submission of documents 88. Establishment and maintenance of hospitals, etc. 89. Power to co-operate with existing institutions or promote measures for health, welfare, etc., of self-employed insured persons FIRST SCHEDULE SECOND SCHEDULE 9 LAWS OF MALAYSIA Act 789 SELF-EMPLOYMENT SOCIAL SECURITY ACT 2017 An Act to provide for the social security for self-employed person and for matters connected therewith. [13 June 2017, P.U. (B) 299/2017] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Self-Employment Social Security Act 2017. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Application 2. This Act shall apply to any citizen or permanent resident of Malaysia who is carrying out a self-employment activity in the industry specified in the First Schedule. 10 Laws of Malaysia ACT 789 Interpretation 3. In this Act, unless the context otherwise requires― “self-employment activity” means any activity in relation to the industry specified in the First Schedule; “child” means a child of the deceased self-employed insured person― (a) who is under twenty-one years old and includes— (i) a posthumous child, 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; “self-employment injury” means personal injury to self-employed insured person caused by an accident or an occupational disease arising out of and in the course of his self-employment activity including while travelling for the purpose of his self-employment activity; “contribution” means the sum of money payable to the Organization by the self-employed person in accordance with this Act; “prescribed” means prescribed by regulations made under this Act; “self-employment social security agent” means the agent appointed under section 12; “benefit” means constant attendance allowance, dependants’ benefit, disablement benefit, education benefit, funeral benefit or medical benefit; Self-Employment Social Security 11 “permanent total disablement” means any disablement of a permanent nature, which disables a self-employed insured person to carry out any self-employment activity which he was capable of performing prior to or at the time of the self-employment injury; “temporary disablement” means a condition resulting from a self-employment injury which requires medical treatment and renders a self-employed insured person, as a result of such injury, temporarily incapable of carrying out any self-employment activity which he was capable of performing prior to or at the time of the self-employment injury; “permanent partial disablement” means any disablement of a permanent nature, which reduces the earning capacity of a self-employed insured person to carry out any self-employment activity which he was capable of performing prior to or at the time of the self-employment injury; “Committee” means the Self-Employment Committee established under section 9; Social Security “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]; “Director General” means the Director General of the Organization appointed under subsection 59(1) of the Employees’ Social Security Act 1969; “Fund” means the Self-Employment Social Security Fund established under section 45; “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; 12 Laws of Malaysia ACT 789 “self-employed person” means any citizen or permanent resident of Malaysia who is carrying out a self-employment activity to gain earnings in the industry; “self-employed insured person” means any self-employed person who has registered with the Organization and has paid contribution in accordance with this Act; “dependant” means a widow or widower, a child, parents, siblings under twenty-one years old or grandparents of the deceased self-employed insured person; “officers and servants” means officers and servants appointed under section 59L of the Employees’ Social Security Act 1969; “Inspector” has the meaning assigned to it in the Employees’ Social Security Act 1969; “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; “industry” includes any business, trade, undertaking, service, manufacture or calling of self-employment as specified in the First Schedule; “Scheme” means the Self-Employment Social Security Scheme established under section 4; “coverage period” means any period up to twelve consecutive months with effect from the time and date the contribution paid by the self-employed insured person and ends at the time and date, as prescribed; “Deputy Director General” means the Deputy Directors 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); Self-Employment Social Security 13 “Tribunal” means the Social Security Tribunal established under section 58. PART II ADMINISTRATION OF SELF-EMPLOYMENT SOCIAL SECURITY SCHEME Administration of Self-Employment Social Security Scheme 4. (1) There shall be a scheme to be known as the “Self-Employment Social Security Scheme”. (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 5. (1) The Director General of the Organization shall be the Director General for the purpose of this Act. (2) The Deputy Directors General of the Organization shall be the Deputy Directors General for the purpose of this Act. (3) Notwithstanding subsection (2), the Minister may appoint one or more Deputy Directors General for the purpose of this Act. (4) If for any period the Director General is temporarily absent from Malaysia or temporarily incapacitated through illness, or for any other reason 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. 14 Laws of Malaysia ACT 789 (5) The terms and conditions of service of the Deputy Directors General appointed under subsection (3) shall be determined by the Minister in consultation with the Minister of Finance. Powers of Organization to hold properties, etc. 6. The Organization may, upon such terms and conditions