The Social Security (Malta) Order 1996

SECTION 2 RETIREMENT PENSION AND WIDOW’S BENEFIT

Article 18 General Provisions

(1) Subject to paragraphs (2) to (4), where a person is entitled to a basic retirement pension under the legislation of either Party otherwise than by virtue of this Convention, that pension shall be payable and Article 19 shall not apply under that legislation.

(2) Notwithstanding paragraph (1), a person entitled to a Category B retirement pension under the legislation of Great Britain, Northern Ireland or the Isle of Man shall also be entitled to have any Category A pension entitlement determined in accordance with Article 19.

(3) Notwithstanding paragraph (1), a married woman entitled to a retirement pension solely on her husband’s contributions under the legislation of Guernsey shall also be entitled to have any pension entitlement based entirely on her own insurance determined in accordance with Article 19. Such a married woman shall be entitled to receive only the benefit of her choice.

(4) For the purposes of determining entitlement to an earnings related retirement pension payable under the legislation of Malta, no account shall be taken of any contribution period completed under the legislation of the United Kingdom, and for the purposes of this Article and Article 19, such an earnings related retirement pension shall be treated as a benefit to which Article 19 does not apply.

(5) Entitlement to a retirement pension in the circumstances referred to in paragraph (1) shall not preclude the competent authority of any part of either Party from taking into account in accordance with paragraphs (3) and (6) of Article 19 insurance periods completed under the legislation of any part of either Party.