Issue link: https://maltatoday.uberflip.com/i/1311619
maltatoday | SUNDAY • 22 NOVEMBER 2020 15 THOSE individuals who have been given social benefits but then discovered that they were not entitled to them, should refund the government the amount which was taken. This was held by the Court of Appeal, presided by Mr Justice Lawrence Mintoff in Noel Apap -v- Direttur Generali tas-Sig- urta Socjali decided on 11 No- vember 2020. Apap appealed from a deci- sion taken by the Social Secu- rity Arbiter in January 2020, where the Arbiter upheld a re- quest from the Director of So- cial Security to receive a refund of €11,166.91, Apap was paid. The case was brought to light following a Tax Compliance Unit investigation on the sale and purchase of property Apap was involved in. The Director of Social Securi- ty (DSS) was not aware of these transactions and Apap still re- ceived social benefits between 2007 and 2013. The DSS decided to reduce 15% from his benefit as a re- fund. Apap complained that after October 2013, his social ben- efits completely stopped and that he is a single father of four. He had sold a property in St Paul's Bay and purchased an- other in Hamrun. Apap ex- plained that he always informed the Department of Social Secu- rity when his circumstances changed as when he had inher- ited a garage. The DSS denied this and when the Department got to know of the transactions, it was clear that Apap exceeded the thresh- old allowed for individuals re- ceived social security. Since the appellant's file was misplaced, the DSS applied Ar- ticle 102 of the Social Security Act and claimed two years re- fund, equating to €11,166.91 The Arbiter in his decision held from the evidence pro- duced the appellant from April 2007 to November 2011 re- ceived the invalidity pension which amounted to €18.28 per week. The appellant held that he had already paid slightly less than €10,000 to the DSS and being reduced from his pension from January 2009 onwards. He further explained that he sold a property in St Paul's bay and with that money purchased another property in Hamrun. However, the evidence pro- duced shows that in 2007 and 2008 Apap sold four proper- ties. In 2011 he purchased the property in Hamrun and sold 2 garages. From these transactions, he had a surplus of €65,385. Apap lodged an appeal from the Arbiter's decision asking the Court of Court to revoke it. He argued that he followed the social security obligations by giving the Department all necessary information and this case be verified because the file was lost. The DSS disagreed in its reply and said the Arbiter's decision was just and that the Depart- ment was not informed of these property transactions and only learnt about them from the Tax Compliance Unit. The DSS argued that the Ar- biter analysed the evidence and therefore the Court of Appeal should not disturb the Arbiter's analysis of the evidence. Furthermore, the DSS disa- greed with the Appellant's rea- soning that since he was not stopped from cashing the gov- ernment cheques, then it was fine and he could cash these payments. The Court of Appeal pointed out that Apap never denied that he had carried out these prop- erty transactions and therefore, was not entitled to social ser- vices, but he considered this as a mere overpayment and a mis- take by the DSS and therefore Article 102(1)(ii) of the Social Security Act, which prohibits the DSS collecting erroneous overpayments made over two years prior to discovering the error. Mr Justice Mintoff disagreed and held that the law is clear that this applies when the indi- vidual would not have contrib- uted to the error. The Court held that the Ap- pellant is stating that he should not be forced to refund the so- cial security paid, because he informed the Department. He did not inform the Arbiter and the Court on how he did this and did not keep copies of correspondence he had on this subject. The Court held that it had a duty to protect all those who pay their taxes and social con- tributions and therefore, per- sons who are not eligible for so- cial security should not receive it and return it if it has been received. The Court then moved to re- ject the appeal. LAW CLASSIFIEDS CLASSIFIEDS INFO @MEDIATODAY.COM.MT Those who are not entitled to social benefits should refund HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holi- day apartments for short or long lets with magnificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other com- mercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE QAWRA – Calling all developers this is an ideal development opportunity. 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Own airspace with possibil- ity of further development. Contact owner on 99912005/99450639. SERVICES NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 SITUATIONS VACANT ADMINISTRATIVE SECRETARY - RVC is looking for an Administrative secretary. Responsibilities: reporting primarily to the Company Director, has excellent skills in office manage- ment, able to work on their own ini- tiative, good team player, maintain executive's agenda, assisting in plan- ning appointments, board meetings, handle correspondence, monitor office supplies, sending quotations on time, following up job confirma- tion, payments, keeping track invoic- ing, preparing weekly timesheets for the employees, property management reports (reports for equipment and staff between the internal compa- nies). Preference will be given to can- didates with a minimum level 5 in Office Management and secretarial practice. Candidates are to send their CV to info@rvcltd.com.mt JUNIOR OFFICE CLERK - a vacan- cy has arisen at a shipping company located in Marsa. Following require- ments are O Level standard passes, computer literate – Microsoft office, knowledge of Maltese and English languages. Ability to communicate and work on own initiative / 'hands- on' approach. Prospective candi- dates can send cv on email: David. debono@valfreight.com.mt or vvel- la@valfreightmalta.com SALES ASSISTANT - 'Fargola' Mini Market and 'BG' shop Malta are seeking the employment of a Sales Assistant — to work in their mini markets. The ideal candidate should be in possession of the appropriate qualifications or equivalent, in lieu a minimum of 3 years' experience in a similar post. The ideal candidate shall have command knowledge of both written and speaking level of the English and Serbian or Bulgarian languages. The Sales Assistant will amongst others be assisting in on a day-to-day basis tasks, having close contact with out valued cus- tomers and assist the Manager. Sales Assistant shall interact with native Serbian or Bulgarian speakers to assist them as our customers by pro- viding an excellent and efficient ser- vice to them. Remuneration package starts at €10,200 gross per annum. Email your CV to bgshopmalta@ gmail.com SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Customer Care Clerks, Security Guards, security for places of enter- tainment and cleaners. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to hr@signal8securi- tymalta.com.mt SPA THERAPIST - Required for a boutique hotel. Full time hours including weekends and public holi- days. Must be flexible with hours. At least 5 years' experience in a similar post. Must be specialised in colonic irrigation. For more info please call Village Concept on 99885352. WAITER/WAITRESS - We require a waiter/waitress to work full time including Friday, Saturday & Sunday evenings and public holidays. Minimum wage. Kindly contact Asian Palace, St Julians on 27811888 or email: info@asianpalacemalta.com WAITER/WAITRESS - We require a waiter/waitress to work part time on Friday, Saturday & Sunday eve- nings. Kindly contact Asian Palace, St Julians on 27811888 or email: info@asianpalacemalta.com WANTED COLLECTIBLE items such panini albums and loose stickers, old post- cards and posted envelopes, medals, militaria, coins and paper money, books, toys, stamps, badges, paint- ings, gold & silver items etc. Call on 21310238, 99246632. LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates