The Social Security (Malta) Order (Northern Ireland) 1996

1. Introductory Text

2. 1. Citation and commencement

3. 2. Modification of the Social Security Contributions and Benefits (Northern Ireland) Act, the Social Security Administration (Northern Ireland) Act and the Jobseekers (Northern Ireland) Order

4. 3. Revocation and variation of Orders

5. Signature

6. 1. SCHEDULE

      CONVENTION ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF MALTA

      1. Part I General Provisions

         1. ARTICLE 1

            Definitions

            1. 1. For the purpose of this Convention, except where the context...

            2. 2. Other words and expressions which are used in this Convention...

            3. 3. Any reference in this Convention to “Article” means an Article...

         2. ARTICLE 2

            Scope of Legislation

            1. 1. This Convention shall apply, (a) in relation to the territory...

            2. 2. Subject to paragraphs (3) and (4), this Convention shall apply...

            3. 3. This Convention shall apply, unless the Parties agree otherwise, only...

            4. 4. This Convention shall not apply to legislation on social security...

         3. ARTICLE 3

            Equal Treatment

         4. ARTICLE 4

            Provisions for the Export of Benefits

            1. 1. Subject to Articles 13 to 16, 18 to 28 and...

            2. 2. Subject to Article 12(3), (4) and (7), and Articles 13...

            3. 3. Subject to Article 12(3), (6) and (7), a person who...

            4. 4. Where, under the legislation of one Party, an increase of...

      2. Part II Provisions which Determine the Legislation Applicable Concerning Contributions Liability

         1. ARTICLE 5

            General Provisions

            1. 1. Subject to paragraphs (2) to (12) and Articles 6 to...

            2. 2. Where a person is employed in the territory of both...

            3. 3. Where a person is self-employed in the territory of both...

            4. 4. Where a person is employed in the territory of one...

            5. 5. No provision of this Article shall affect a person’s liability...

            6. 6. Where a person is not gainfully employed, any liability for...

            7. 7. Where, but for this paragraph, a person would be entitled...

            8. 8. Where under Articles 6, 7(a) or (b) or 8(2) a...

            9. 9. Where a person is gainfully employed in the territory of...

            10. 10. A person who is entitled to receive sickness benefit, maternity...

            11. 11. A woman who is entitled to receive widow’s benefit under...

            12. 12. For the purpose of determining, whether a person is entitled...

         2. ARTICLE 6

            Detached Workers

         3. ARTICLE 7

            Travelling Personnel

         4. ARTICLE 8

            Mariners and Others Employed on board a Ship or Vessel

            1. 1. Subject to paragraphs (2) to (4), where a person is...

            2. 2. Where a person who is insured under the legislation of...

            3. 3. Where a person who is not normally employed at sea...

            4. 4. Where a person who is ordinarily resident in the territory...

         5. ARTICLE 9

            Diplomats, Government Servants and Consular Employees

            1. 1. This Convention shall not apply to persons who are exempted...

            2. 2. Subject to paragraph (1), where any person who is in...

            3. 3. Subject to paragraphs (1) and (2), where a person is...

         6. ARTICLE 10

            Modification Provisions

      3. Part III Special Provisions

         1. ARTICLE 11

            Conversion formulae for contributions

            1. 1. For the purpose of calculating entitlement under the legislation of...

            2. 2. For the purpose of calculating entitlement under the legislation of...

            3. 3. Subject to paragraph (4) for the purpose of calculating an...

            4. 4. For the purpose of calculating entitlement to additional pension under...

            5. 5. For the purpose of the calculation in Articles 13(2) and...

            6. 6. For the purpose of calculating entitlement to any benefit in...

            7. 7. For the purpose of calculating entitlement to any benefit in...

            8. 8. For the purpose of converting to an insurance period any...

            9. 9. For the purpose of converting insurance periods completed under the...

      4. Part IV Benefit Provisions

         1. Section 1 Provisions for Sickness, Invalidity and Unemployment

            1. ARTICLE 12

               Sickness Benefit

               1. 1. Where a person has, since his last arrival in the...

               2. 2. Where a person is employed in the territory of one...

               3. 3. Subject to paragraphs (5) and (6) and Article 32, where...

               4. 4. Subject to paragraph (5) and Article 32, where a person...

               5. 5. Nothing in this Article shall permit the payment of statutory...

               6. 6. Where a seasonal worker, who is entitled to sickness benefit...

               7. 7. Where a person who is resident in the territory of...

               8. 8. Where a person would be entitled to receive sickness benefit...

               9. 9. Where, but for this paragraph, a person would be entitled...

            2. ARTICLE 13

               Invalidity Benefit under the legislation of Great Britain, Northern Ireland or the Isle of Man

               1. 1. Claims to invalidity benefit under the legislation of Great Britain,...

               2. 2. Subject to paragraphs (3) and (4), a person who has...

               3. 3. The right to invalidity benefit under paragraph (2) shall be...

               4. 4. The rate of invalidity benefit payable under paragraph (2) shall...

               5. 5. Taking account of Article 11 and sub-paragraphs (a) and (b),...

               6. 6. Where a person in the territory of Great Britain, Northern...

               7. 7. Where a person to whom paragraph (6) applies:

               8. 8. No person in relation to whom invalidity benefit is payable...

            3. ARTICLE 14

               Invalidity Benefit under the legislation of Guernsey

               1. 1. Notwithstanding any other provision of this Convention, invalidity benefit shall...

               2. 2. For the purpose of qualifying for invalidity benefit, a person...

               3. 3. Where a person has satisfied the conditions set out in...

               4. 4. For the purpose of qualifying for invalidity benefit under the...

               5. 5. Where a person is in Guernsey, and:

               6. 6. No person in relation to whom invalidity benefit is payable...

            4. ARTICLE 15

               Insurance periods of less than one qualifying or reckonable year

               1. 1. Where all the insurance periods completed by a person under...

               2. 2. Insurance periods under paragraph (1), or paragraph (5) of Article...

               3. 3. Where no benefit is, or would be, payable under paragraph...

            5. ARTICLE 16

               Invalidity Benefit under the legislation of Malta

               1. 1. Subject to paragraphs (2) to (6), Articles 13 to 15...

               2. 2. Where a person who is in Malta and who does...

               3. 3. Where a person to whom paragraph (2) applies:

               4. 4. A person in the territory of Great Britain, Northern Ireland...

               5. 5. Where all the insurance periods completed by a person under...

               6. 6. For the purpose of applying Articles 13 to 15 no...

            6. ARTICLE 17

               Unemployment Benefit

               1. 1. Subject to paragraph (3), where a person has, since his...

               2. 2. Periods of employment in the territory of either Party shall...

               3. 3. This Article shall not apply to a person who claims...

         2. Section 2 Retirement Pension and Widow’s Benefit

            1. ARTICLE 18

               General Provisions

               1. 1. Subject to paragraphs (2) to (4), where a person is...

               2. 2. Notwithstanding paragraph (1), a person entitled to a Category B...

               3. 3. Notwithstanding paragraph (1), a married woman entitled to a retirement...

               4. 4. For the purposes of determining entitlement to an earnings related...

               5. 5. Entitlement to a retirement pension in the circumstances referred to...

         3. Section 3 Pro-rata Pensions

            1. ARTICLE 19

               General Provisions

               1. 1. Subject to Articles 18 and 20 to 24, this Article...

               2. 2. In accordance with Article 11, the competent authority of any...

               3. 3. For the purpose of the calculation in paragraph (2), where...

               4. 4. Insurance periods under paragraph (3) shall be treated as follows:...

               5. 5. Where no pension is, or would be, payable under paragraph...

               6. 6. Where all the insurance periods completed by a person under...

               7. 7. Any increase of benefit payable under the legislation of Great...

            2. ARTICLE 20

               Insurance periods to be taken into account

               1. 1. For the purpose of applying Article 19 the competent authority...

               2. 2. For the purpose of applying Article 19, and subject to...

               3. 3. For the purpose of this Article, overlapping contributions under the...

            3. ARTICLE 21

               Overlapping periods

            4. ARTICLE 22

               Benefits to be excluded

               1. 1. For the purpose of applying Article 19 and, subject to...

               2. 2. For the purpose of applying Article 13 no account shall...

            5. ARTICLE 23

               Pre-Scheme Contributions

            6. ARTICLE 24

               Non-Simultaneous Entitlement

            7. ARTICLE 25

               Widow’s Benefit

               1. 1. Articles 18 to 24 shall also apply, with such modifications...

               2. 2. Where widow’s benefit would be payable under the legislation of...

         4. Section 4 Benefits for Industrial Accidents and Industrial Diseases

            1. ARTICLE 26

               General Provisions

               1. 1. Where a person is employed in the territory of one...

               2. 2. Where a person leaves the territory of one Party to...

               3. 3. Where a seasonal worker who is entitled to industrial injury...

               4. 4. Where, because of a death resulting from an industrial accident...

            2. ARTICLE 27

               Dual Attribution and Aggravation of an Industrial Disease

               1. 1. Subject to paragraph (2), where a person contracts an industrial...

               2. 2. Where a person has suffered an aggravation of an industrial...

            3. ARTICLE 28

               Dual Entitlement

               1. 1. Where, but for this Article, and subject to Article 27(2)(b),...

               2. 2. A person shall not be entitled, whether by virtue of...

         5. Section 5

            1. ARTICLE 29

               Orphan’s Benefit

               1. 1. Subject to paragraph (2), for the purpose of any claim...

               2. 2. For the purpose of any claim for orphan’s benefit under...

               3. 3. Where, but for this paragraph, a person would be entitled...

         6. Section 6

            1. ARTICLE 30

               Recovery of advance payments and overpayments of benefit

               1. 1. Where a competent authority of one Party has made a...

               2. 2. Where a person has received social assistance under the legislation...

      5. Part V

         Miscellaneous Provisions

         1. ARTICLE 31

            Arrangements for administration and co-operation

            1. 1. The competent authorities of the two Parties shall establish the...

            2. 2. The competent authorities of the two Parties shall communicate to...

            3. 3. The competent authorities of the two Parties shall establish liaison...

            4. 4. The competent authorities of the two Parties shall assist one...

            5. 5. Where any benefit is payable under the legislation of one...

            6. 6. Where a person who is in the territory of one...

            7. 7. A medical board appointed by the competent authority of Malta,...

            8. 8. Where the legislation of one Party provides that any certificate...

            9. 9. All statements, documents and certificates of any kind required to...

            10. 10. No certificate, document or statement of any kind written in...

            11. 11. Unless disclosure is required under the legislation of a Party,...

         2. ARTICLE 32

            Submission of Claim or Appeal

            1. 1. Any claim or appeal which should, for the purposes of...

            2. 2. Any claim to benefit submitted under the legislation of one...

         3. ARTICLE 33

            Currency and Method of Payment

            1. 1. Payment of any benefit in accordance with this Convention may...

            2. 2. Where the competent authority of one Party has made a...

            3. 3. Where a person in the territory of one Party is...

         4. ARTICLE 34

            Resolution of Disputes

            1. 1. Competent authorities of the Parties to this Convention shall make...

            2. 2. If any dispute cannot be resolved as in paragraph (1)...

            3. 3. The decision of the arbitration tribunal, which shall be binding...

      6. Part VI Transitional and Final Provisions

         1. ARTICLE 35

            Prior Acquisition of Rights — Old Convention Replaced by New Convention

            1. 1. Upon the entry into force of this Convention the former...

            2. 2. Any right to benefit acquired by a person in accordance...

            3. 3. Any rights in course of acquisition under the former Conventions...

            4. 4. Where, from the date of entry into force of this...

            5. 5. Benefit, other than lump sum payments, shall be payable in...

            6. 6. Paragraph (5) shall not confer any right to receive payment...

            7. 7. For the purpose of paragraph (2) and for applying the...

            8. 8. No provision of this Convention shall diminish any rights or...

         2. ARTICLE 36

            Ratification

         3. ARTICLE 37

            Life of the Convention

         4. ARTICLE 38

            Rights on termination of this Convention not replaced by another

7. Explanatory Note