Legislation relating to the provision of home care services
According to the Maltese Civil Code (Book first of persons, art.
2), a married person who is in need of help with daily living
can rely on maintenance from his/her spouse provided that they
still live together. Maintenance is defined in article 19,
paragraph 1 as including food, clothing, health and habitation.
Children are bound to maintain their parents or other ascendants
who are indigent. However, neither of the spouses can claim
maintenance from their children if such maintenance could be
provided by the other spouse (art. 5.3). No one is legally
obliged to care for unmarried people or widows with no children.
The State would be responsible for their care. The main
legislation that governs home care in Malta is the Social
Security Act (Cap. 318). This law deals with the provision of
benefits, assistances and pensions to the poor, sick, elderly
and the unemployed. A Carer's Pension is payable to “all
unmarried or widowed persons who are taking ca