HOUSEWIVES' SOCIAL SECURITY ACT 2022

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 838 HOUSEWIVES’ SOCIAL SECURITY ACT 2022 As at 1 June 2024 This text is ONLY AN UPDATED TEXT of the Housewives’ Social Security Act 2022 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 HOUSEWIVES’ SOCIAL SECURITY ACT 2022 Date of Royal Assent … … … 23 September 2022 Date of publication in the Gazette … … … 3 October 2022 … … … 1 June 2024 Latest amendment made by P.U. (A) 142/2024 which came into operation on 3 LAWS OF MALAYSIA Act 838 HOUSEWIVES’ SOCIAL SECURITY ACT 2022 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Application 3. Interpretation PART II ADMINISTRATION OF HOUSEWIVES’ SOCIAL SECURITY SCHEME 4. Administration of Housewives’ Social Security Scheme 5. Director General 6. Powers of Organization to hold properties, etc. 7. Exercise of functions and powers of Organization PART III COMMITTEES 8. Housewives’ Social Security Committee 9. Establishment of committees 10. Non-eligibility for appointment as members of Housewives’ Social Security Committee or committees 11. Cessation of membership of member of Housewives’ Social Security Committee or committees 4 Laws of Malaysia Section 12. Disclosure of interest PART IV IMPLEMENTATION, REGISTRATION AND CONTRIBUTION 13. Implementation of Housewives’ Social Security Scheme 14. Registration 15. Contributions 16. Continuation of coverage 17. Proof of marriage 18. Determination of activity relating to management of household 19. Power to appoint agent PART V BENEFITS 20. Claim for benefits 21. Approval of claim for benefits 22. Benefits 23. Medical benefit 24. Scale of medical benefit 25. Permanent disablement benefit 26. Payment of permanent disablement benefit 27. Payment of benefit upon death of insured housewife 28. Incident while engaging in illegal act 29. Funeral benefit 30. Constant attendance allowance 31. Morbid allowance 32. Insured housewife suffering from invalidity 33. Eligibility of insured housewife for morbid allowance 34. Payment of morbid allowance 35. Rate of morbid allowance ACT 838 Housewives’ Social Security Section 36. Survivors’ pension 37. Facilities for physical rehabilitation or dialysis 38. Payment for travelling and other allowances 39. Benefits not assignable or attachable 40. Insured housewife claiming for permanent disablement benefit or morbid allowance to observe conditions 41. Recipient of benefits to observe conditions 42. Obligation of reporting of change in condition, etc. 43. Right of Organization to recover benefit or money 44. Insured housewife who has more than one contribution 45. Insured housewife who is entitled to disability and invalidity benefits PART VI DETERMINATION, REVIEW AND APPEAL 46. Determination of question of invalidity or permanent disablement 47. Reference to medical assessor and appeal to Appellate Medical Board 48. Claimant for benefits incapable of being examined by medical assessor or the Appellate Medical Board 49. Review of determination by medical assessor or the Appellate Medical Board 50. Review of morbid allowance 51. Suspension and cessation of morbid allowance PART VII FINANCIAL PROVISIONS 52. Housewives’ Social Security Fund 53. Expenditure to be charged on Fund 54. Expenditure on administration 55. Power to accept grants, donations, etc. 5 6 Laws of Malaysia ACT 838 Section 56. Power to invest 57. Power to borrow 58. Annual estimates 59. Accounts and reports 60. Audit 61. Annual report 62. Annual report and audited accounts to be laid 63. Valuation of assets and liabilities 64. Imposition of surcharge PART VIII THE HOUSEWIVES’ SOCIAL SECURITY TRIBUNAL 65. Housewives’ Social Security Tribunal 66. Matters to be decided by Tribunal 67. Institution of proceedings, etc. 68. Commencement of proceedings 69. Powers of Tribunal 70. Representation in proceedings before Tribunal 71. Benefit not paid for non-compliance of Act or regulations 72. Reference to High Court 73. Appeal 74. Stay of payment pending appeal PART IX ENFORCEMENT AND INVESTIGATION 75. Powers of enforcement, inspection and investigation 76. Power to require information and conduct inspection 77. Obstructing, etc., Director General, Deputy Directors General or Inspector Housewives’ Social Security 7 PART X OFFENCES AND PENALTIES Section 78. Giving false or misleading information or document 79. Fraud or forgery in connection with payment of contributions or claim for benefits 80. Court’s order in respect of contributions or benefits due and payable to Organization 81. Copy of entry to be prima facie evidence and production of documents 82. Prosecution 83. Compounding of offences PART XI GENERAL 84. Appointment of collection agent 85. Engagement of auditors, actuaries, etc. 86. Director General, Deputy Directors General, Inspector, and officers and servants of Organization entitled to receive salary, allowances, etc. 87. Public servant 88. Power of Organization to establish or take over companies 89. Power to exempt 90. Disposal of documents after more than three years 91. Power to amend Schedules 92. Power to make regulations 93. Recommendation of Committee to review Scheme 94. Organization may deal with authorized person 95. Electronic submission of documents 96. Establishment and maintenance of hospitals, etc. 8 Laws of Malaysia ACT 838 Section 97. Power to co-operate with existing institutions or promote measures for health, welfare, etc., of insured housewives FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE SIXTH SCHEDULE SEVENTH SCHEDULE EIGHTH SCHEDULE 9 LAWS OF MALAYSIA Act 838 HOUSEWIVES’ SOCIAL SECURITY ACT 2022 An Act to provide for the social security for the insured housewives in the form of certain benefits, for the improvement of health, safety, welfare and well-being of the housewives, and for matters connected therewith. [1 Dec 2022, P.U.(B) 509/2022] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Housewives’ Social Security Act 2022. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Application 2. (1) This Act shall apply to any housewife who is a citizen or a permanent resident of Malaysia registered under section 14. (2) This Act shall not apply to any housewife described in the First Schedule. 10 Laws of Malaysia ACT 838 Interpretation 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 59 L 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; 12 Laws of Malaysia ACT 838 “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 twothirds 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. PART II ADMINISTRATION OF HOUSEWIVES’ SOCIAL SECURITY SCHEME Administration of Housewives’ Social Security Scheme 4. (1) There shall be a social security scheme to be known as the “Housewives’ 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 Organi