S.L. 35.28 Art. 2Applicability.

(1) These regulations shall not apply in respect of -

(a) a person who is or who has been a citizen of Malta; or

(b) any child under the age of eighteen years, of a person referred to under paragraph (a); or

(c) a person being a citizen or a national of a country outside the European Union holding a valid employment licence issued in accordance with the Immigration Act and is complying with the conditions thereof;

(d) a citizen of a country which has a reciprocal health care agreement in force with Malta, in respect of such care and treatment to which such citizen would be entitled under the terms of such agreement or any understanding or agreed minutes subsequent thereto; or

(e) a person who is a citizen or a national of a country outside the European Union who enjoy freedom of movement in terms of article 44 of the Constitution of Malta; or

(f) a person who is a citizen or a national of a country outside the European Union who is in Malta in an advisory or consultative capacity to the Government on an invitation of the same or who is otherwise rendering a service to a government department or to a parastatal body and who is certified as such by the Minister, responsible for that department or body, as the case may be, and any dependant of such person; or

(g) any person who is a citizen or national of a country outside the European Union who is undertaking a course of studies at any one of the following institutions: the University of Malta, the Malta College of Arts, Science & Technology and the Institute of Tourism Studies.

(2) Persons who produce the documentation required by the Department of Health Services in terms of the Community Regulations on the application of social security schemes in force, shall not effect any payment of the fees referred to under this regulation: Provided that the Department of Health Services shall have the right to obtain a full refund of all the fees from the Member State concerned or an institution thereof.