The Social Security (Philippines) Order 1989

Section 1 special provisions relating to the application of the legislation of the philippines and the legislation of the united kingdom.

ARTICLE 9

(1) For the purpose of calculating entitlement under the legislation of the United Kingdom to old age pension in accordance with Article 12 of this Convention or to survivor’s benefit in accordance with Article 15, contribution periods completed under the legislation of the Philippines before6 April 1975 shall be treated as if they had been contribution periods completed under the legislation of the United Kingdom.

(2) For the purpose of calculating entitlement under the legislation of the United Kingdom to old age pension in accordance with Article 12 of this Convention or to survivor’s benefit in accordance with Article 15, contribution periods completed as a self-employed person under the legislation of the Philippines after 5 April 1975 shall be treated as if they had been contribution periods completed as a self-employed person under the legislation of the United Kingdom.

(3) Subject to the provisions of Article 11(3) of this Convention, for the purpose of calculating an earnings factor for assessing entitlement under the legislation of the United Kingdom to old age pension in accordance with Article 12 of this Convention or survivor’s benefit in accordance with Article 15, a person shall be treated for each week beginning in a relevant tax year commencing on or after 6 April 1975, any part of which week is a contribution period completed as an employed person under the legislation of the Philippines, as having paid a contribution under the legislation of the United Kingdom as an employed earner on earnings equivalent to two-thirds of that year’s upper earnings limit.

(4) For the purpose of converting insurance periods completed under the legislation of the United Kingdom before 6 April 1975, each contribution period or equivalent period completed under that legislation shall be treated as if it had been a contribution period completed under the legislation of the Philippines.

(5) For the purpose of converting to an insurance period any earnings factor achieved in any tax year commencing on or after 6 April 1975 under the legislation of the United Kingdom, the competent authority of the United Kingdom shall divide the earnings factor achieved under its legislation by that year’s lower earnings limit. The result shall be expressed as a whole number, any remaining fraction being ignored. The figure so calculated, subject to a maximum of the number of weeks during which the person was subject to that legislation in that year, shall be treated as representing the number of weeks in the insurance period completed under that legislation.

(6) Where it is not possible to determine accurately the periods of time in which certain insurance periods were completed under the legislation of one Party, such periods shall be treated as if they did not overlap with insurance periods completed under the legislation of the other Party, but they shall be taken into account to the best advantage of the beneficiary.