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

Section 1 Provisions for Sickness, Invalidity and Unemployment

ARTICLE 12 Sickness Benefit

(1) Where a person has, since his last arrival in the territory of one Party, completed a contribution period under the legislation of that Party, then for the purpose of any claim to sickness benefit made under the legislation of that Party, any insurance period completed under the legislation of the other Party shall be treated in accordance with Article 11 as if it were an insurance period completed under the legislation of the former Party.

(2) Where a person is employed in the territory of one Party and the legislation of the other Party applies to him in accordance with any of the provisions of Articles 5 to 10, he shall be treated under that legislation for the purpose of any claim to sickness benefit as if he were in the territory of the latter Party.

(3) Subject to paragraphs (5) and (6) and Article 32, where a person would be entitled to receive sickness benefit under the legislation of the United Kingdom if he were in the territory of that Party, he shall be entitled to receive that sickness benefit while he is in Malta if:

(a) his condition necessitates immediate treatment during a stay in Malta and, within six days of commencement of incapacity for work or such longer period as the competent authority may allow, he submits to the competent authority of the United Kingdom a claim to benefit and documentary evidence of incapacity for work issued by the doctor treating him; or

(b) having claimed and become entitled to sickness benefit under the legislation of the United Kingdom, he is authorised by the competent authority of that Party to return to Malta where he resides, or to transfer his residence to Malta; or

(c) having claimed and become entitled to sickness benefit under the legislation of the United Kingdom, he is authorised by the competent authority of that Party to go to Malta to receive there treatment for his condition.

• The authorisation required in accordance with sub-paragraph (b) may be refused only if it is established that movement of the person concerned would be prejudicial to his state of health or the receipt of medical treatment.

(4) Subject to paragraph (5) and Article 32, where a person would, if he were in Great Britain or Northern Ireland, be entitled to statutory sick pay under the legislation of Great Britain or Northern Ireland, he shall, provided that he satisfies all the conditions for entitlement to, and payment of, sickness benefit under the legislation of Great Britain or Northern Ireland, with the exception of any conditions as to residence and presence in Great Britain or Northern Ireland, be entitled to receive that sickness benefit while he is in Malta if:

(a) his condition necessitates immediate treatment during a stay in Malta and within six days of commencement of incapacity for work, or such longer period as the competent authority or insurance authority may allow, he submits to the competent authority or insurance authority of Great Britain or Northern Ireland a claim to benefit and documentary evidence of incapacity for work issued by the doctor treating him; or

(b) having become entitled to statutory sick pay under the legislation of Great Britain or Northern Ireland, he is authorised by the competent authority of Great Britain or Northern Ireland to return to Malta, where he resides, or to transfer his residence to Malta; or

(c) having become entitled to statutory sick pay under the legislation of Great Britain or Northern Ireland, he is authorised by the competent authority of Great Britain or Northern Ireland to go to Malta, to receive there treatment for his condition.

• The authorisation required in accordance with sub-paragraph (b) may be refused only if it is established that movement of the person concerned would be prejudicial to his state of health, or to the receipt of medical treatment.

(5) Nothing in this Article shall permit the payment of statutory sick pay outside Great Britain or Northern Ireland.

(6) Where a seasonal worker, who is entitled to sickness benefit in Malta by virtue of this Article, goes to Guernsey, or where a seasonal worker, who is entitled to sickness benefit under the legislation of Guernsey, goes to Malta, he shall be entitled to continue to receive such benefit for a period of not more than thirteen weeks from the date of his departure from Malta, or from Guernsey, as the case may be.

(7) Where a person who is resident in the territory of one Party claims but is not entitled to receive sickness benefit under the legislation of that Party but would be entitled to receive sickness benefit under the legislation of the other Party if he were in the territory of that Party, he shall be entitled to receive that sickness benefit while he is in the territory of the former Party provided that, since his last arrival in the territory of that Party, he has not completed a contribution period under its legislation.

(8) Where a person would be entitled to receive sickness benefit under the legislation of Malta if he were in the territory of that Party, he shall be entitled to receive that sickness benefit while he is in the territory of the United Kingdom.

(9) Where, but for this paragraph, a person would be entitled to receive for the same period, whether by virtue of this Convention or otherwise:

(a) sickness benefit, including industrial injury benefit under the legislation of Guernsey, under the legislation of both Parties, or

(b) statutory sick pay under the legislation of Great Britain or Northern Ireland, and sickness benefit under the legislation of Malta,

that benefit or payment shall be granted only under the legislation under which the person was last insured before entitlement arose.

ARTICLE 13 Invalidity Benefit under the legislation of Great Britain, Northern Ireland or the Isle of Man

(1) Claims to invalidity benefit under the legislation of Great Britain, Northern Ireland or the Isle of Man shall be determined only in accordance with this Article and Article 15.

(2) Subject to paragraphs (3) and (4), a person who has satisfied the first contribution condition for sickness benefit using contributions under the legislation of Great Britain, Northern Ireland or the Isle of Man only, and who is in Malta and not in receipt of sickness benefit under Article 12 or subject to the legislation of Great Britain, Northern Ireland or the Isle of Man under any of Articles 6 to 10, shall be entitled to receive invalidity benefit under the legislation of Great Britain, Northern Ireland or the Isle of Man provided that:

(a) the person satisfies the second contribution condition for sickness benefit under the legislation of Great Britain, Northern Ireland or the Isle of Man using relevant insurance periods completed under its legislation and, if necessary, under the legislation of any Party, and

(b) the person is incapacitated for work and has been so incapacitated throughout the qualifying period for invalidity benefit,

in which case the person shall be treated as if sickness benefit followed, where appropriate, by invalidity benefit under the legislation of Great Britain, Northern Ireland or the Isle of Man, had been paid throughout that qualifying period.

(3) The right to invalidity benefit under paragraph (2) shall be acquired on the day following the end of the relevant qualifying period or the date of the acquisition of the right to invalidity benefit under the legislation of Malta, if later.

(4) The rate of invalidity benefit payable under paragraph (2) shall be that which would be payable under the legislation of Great Britain, Northern Ireland or the Isle of Man without the application of this Convention unless the person is entitled to an invalidity benefit under the legislation of Malta, whether or not under this Convention, in which case the rate of invalidity benefit payable shall be determined under paragraph (5).

(5) Taking account of Article 11 and sub-paragraphs (a) and (b), the competent authority of Great Britain, Northern Ireland or the Isle of Man shall determine the proportion of invalidity benefit provided under its legislation which bears the same relation to the whole as the total of the insurance periods completed under its legislation bears to the total of the insurance periods completed under the legislation of both Parties.

(a) Articles 20 and 21 shall apply to insurance periods completed under the legislation of Malta as if the references in those Articles to a retirement pension were a reference to invalidity benefit.

(b) For the purpose of calculating the proportion of invalidity benefit payable, no account shall be taken of any period of insurance completed after the day on which a person’s incapacity commenced.

• Subject to Article 22, the amount of benefit calculated in accordance with the above provisions of this paragraph shall be the amount actually payable to that person.

(6) Where a person in the territory of Great Britain, Northern Ireland or the Isle of Man, or a person outside the territory of Great Britain, Northern Ireland or the Isle of Man who is entitled to an invalidity benefit under the relevant legislation other than under paragraph (2), is entitled to an invalidity benefit under the legislation of Great Britain, Northern Ireland or the Isle of Man and also entitled to an invalidity benefit under the legislation of Malta, whether or not under this Convention, the rate of invalidity benefit payable under the legislation of Great Britain, Northern Ireland or the Isle of Man shall be determined in accordance with paragraphs (5) and (7).

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

(a) would have been entitled to receive invalidity benefit under the legislation of Great Britain, Northern Ireland or the Isle of Man, without recourse to this Convention; and

(b) is entitled to receive both invalidity benefit under paragraph (5) and invalidity benefit under the legislation of Malta, whether or not under this Convention, and the sum of these two benefits is less than the amount of invalidity benefit to which the person would otherwise have been entitled under (a);

the competent authority of Great Britain, Northern Ireland or the Isle of Man shall calculate the difference between the amounts of benefit calculated in accordance with sub-paragraphs (a) and (b), on the date that entitlement to invalidity benefit payable under paragraph (5) first arose, and shall pay that amount in addition to the invalidity benefit payable. The additional sum will remain in payment under the same conditions as the invalidity benefit and subject to the equivalent increases in amount, as appropriate.

(8) No person in relation to whom invalidity benefit is payable under paragraph (5) shall receive a contribution credit under the legislation of Great Britain, Northern Ireland or the Isle of Man unless present in the territory of that part of the United Kingdom.

ARTICLE 14 Invalidity Benefit under the legislation of Guernsey

(1) Notwithstanding any other provision of this Convention, invalidity benefit shall be payable under the legislation of Guernsey only in accordance with paragraphs (2) to (6) and Article 15.

(2) For the purpose of qualifying for invalidity benefit, a person who is in Malta, and:

(a) has satisfied the first contribution condition for sickness benefit using contributions under the legislation of Guernsey only; and

(b) has satisfied the second contribution condition for sickness benefit using periods of insurance under the legislation of any Party; and

(c) is incapable of work, and has been so incapable throughout the qualifying period for invalidity benefit,

shall be treated as if he had been entitled to sickness benefit throughout that period.

(3) Where a person has satisfied the conditions set out in paragraph (2) or (4), the competent authority of Guernsey shall:

(a) deem the contribution conditions for the payment of invalidity benefit satisfied provided that the insurance period completed under the legislation of Guernsey amounts to one qualifying year; and

(b) calculate the amount of invalidity benefit to be paid, subject to paragraph (5), as being the proportion, not exceeding 100%, of the standard rate which the total number of contributions paid or credited in Guernsey during the prescribed period bears to the product of the number of years in that period and fifty: save that if the amount so calculated is less than one-twentieth of the standard rate no benefit shall be payable.

(4) For the purpose of qualifying for invalidity benefit under the legislation of Guernsey, a person who is in Guernsey, and:

(a) has satisfied the first contribution condition for sickness benefit using contributions under the legislation of Guernsey only; and

(b) has satisfied the second contribution condition for sickness benefit using periods of insurance under the legislation of any Party; and

(c) is incapable of work, and has been so incapable throughout the qualifying period for invalidity benefit,

shall be treated as if he had been entitled to sickness benefit throughout that period.

(5) Where a person is in Guernsey, and:

(a) is entitled to invalidity benefit under the legislation of Guernsey solely through the application of paragraphs (2) and (3), or has been entitled to such a benefit in relation to the claim in question solely through the application of those paragraphs; and

(b) is in receipt of invalidity benefit under the legislation of Malta, whether or not by virtue of this Convention,

the amount of the invalidity benefit payable under the legislation of Guernsey shall be reduced by the amount by which the aggregate of both benefits exceeds the standard rate of invalidity benefit under the legislation of Guernsey.

(6) No person in relation to whom invalidity benefit is payable under this Convention shall receive a contribution credit under the legislation of Guernsey unless present in Guernsey.

ARTICLE 15 Insurance periods of less than one qualifying or reckonable year

(1) Where all the insurance periods completed by a person under the legislation of any part of the United Kingdom total less than one qualifying year, or one reckonable year, those periods shall be treated in accordance with paragraph (2) or (3).

(2) Insurance periods under paragraph (1), or paragraph (5) of Article 16, shall be treated as follows:

(a) as if they had been completed under the legislation of any part of the United Kingdom under which a benefit is, or if such periods are taken into account, would be, payable, or

(b) where a benefit is, or would be, payable under the legislation of two or more parts of the United Kingdom as if they had been completed under the legislation of that part which, at the date on which entitlement first arose or arises, is paying, or would pay, the greater, or greatest, amount.

(3) Where no benefit is, or would be, payable under paragraph (2), insurance periods under paragraph (1) shall be treated as if they had been completed under the legislation of Malta.

ARTICLE 16 Invalidity Benefit under the legislation of Malta

(1) Subject to paragraphs (2) to (6), Articles 13 to 15 shall also apply, with such modifications as the differing nature of the benefits shall require, to invalidity benefit payable under the legislation of Malta.

(2) Where a person who is in Malta and who does not satisfy the relevant contribution conditions for sickness benefit or invalidity benefit in full using contributions under the legislation of Malta only, the competent authority of Malta may use contributions from any part of the United Kingdom to satisfy those conditions and shall award the appropriate amount of Maltese sickness or invalidity benefit for the first fifty-two weeks of incapacity. Thereafter, if invalidity benefit under the legislation of the United Kingdom is payable, invalidity benefit under the legislation of Malta will be payable using contributions under the legislation of Malta only.

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

(a) would have been entitled to receive invalidity benefit under the legislation of Malta, without recourse to this Convention after the first fifty-two weeks of incapacity; and

(b) is entitled to receive both invalidity benefit under the legislation of Great Britain, Northern Ireland or the Isle of Man in accordance with paragraph (5) of Article 13, or invalidity benefit under the legislation of Guernsey in accordance with paragraph (3)(b) of Article 14, and invalidity benefit under the legislation of Malta, whether or not under this Convention, and the sum of these two benefits is less than the amount of invalidity benefit to which the person would otherwise have been entitled under (a);

the competent authority of Malta shall calculate the difference between the amounts of benefit calculated in accordance with sub-paragraphs (a) and (b), on the date that entitlement to invalidity benefit first arose after the first fifty-two weeks of incapacity, and shall pay that amount in addition to the invalidity benefit payable. The additional sum will remain in payment under the same conditions as the invalidity benefit and subject to the equivalent increases in amount, as appropriate.

(4) A person in the territory of Great Britain, Northern Ireland or the Isle of Man or Guernsey, who is entitled to sickness benefit under the legislation of Great Britain, Northern Ireland or the Isle of Man or Guernsey using contributions under the legislation of Malta in accordance with paragraph (1) of Article 12, shall not be entitled also to an invalidity benefit under the legislation of Malta. If invalidity benefit under the legislation of Great Britain, Northern Ireland or the Isle of Man or Guernsey is payable subsequently, invalidity benefit under the legislation of Malta shall be payable using contributions under the legislation of Malta only.

(5) Where all the insurance periods completed by a person under the legislation of Malta amount to less than fifty weeks, those periods shall be treated as if they had been completed under the legislation of the United Kingdom in accordance with Article 15(2).

(6) For the purpose of applying Articles 13 to 15 no account shall be taken under the legislation of Malta of any contributions paid or credited under the legislation of the United Kingdom for any period before 2nd February 1965.

ARTICLE 17 Unemployment Benefit

(1) Subject to paragraph (3), where a person has, since his last arrival in the territory of one Party, completed a contribution period under the legislation of that Party, then for the purpose of any claim to unemployment benefit made under the legislation of that Party, any insurance period, or period of employment, completed under the legislation of the other Party shall be treated in accordance with Article 11 as if it were an insurance period, or period of employment, completed under the legislation of the former Party, in so far as those periods do not coincide, and any unemployment benefit paid to that person for any period by the latter Party during the last twelve months before the day for which his claim is made shall be treated, for the purpose of determining the duration of the payment, as if it were unemployment benefit paid for the same period by the former Party.

(2) Periods of employment in the territory of either Party shall be taken into account for the purpose of determining whether a person who has previously exhausted his right to unemployment benefit under the legislation of either Party re-qualifies for it.

(3) This Article shall not apply to a person who claims unemployment benefit under the legislation of Guernsey and who has not paid twenty-six contributions as an employed person under the legislation of Guernsey.