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

Made: 24th July 1996

Coming into operation: 1st September 1996

In exercise of the powers conferred on me by section 155(1) and (2) of the Social Security Administration (Northern Ireland) Act 1992[^f00001] and of all other powers enabling me in that behalf, I hereby make the following Order:

Citation and commencement

1

This Order may be cited as the Social Security (Malta) Order (Northern Ireland) 1996 and shall come into operation on 1st September 1996.

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

2

The Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00002], the Social Security Administration (Northern Ireland) Act 1992 and the Jobseekers (Northern Ireland) Order 1995[^f00003] and any regulations made or having effect thereunder[^f00004] shall be modified to such an extent as may be required to give effect to the provisions contained in the Convention on Social Security (providing for the earlier Conventions on Social Security to be consolidated into a single document) set out in the Schedule to this Order, so far as the same relate to Northern Ireland.

Revocation and variation of Orders

3

• (1) The National Insurance and Industrial Injuries (Reciprocal Agreement with Malta) Order (Northern Ireland) 1957[^f00005] and the National Insurance and Industrial Injuries (Reciprocal Agreement with Malta) Order (Northern Ireland) 1958[^f00006] are hereby revoked.

• (2) In Schedule 1 to the Social Security (Reciprocal Agreements) (Northern Ireland) Order 1976[^f00007], the Schedule to the Social Security (Reciprocal Agreements) Order (Northern Ireland) 1979[^f00008], the Schedule to the Social Security (Reciprocal Agreements) Order (Northern Ireland) 1988[^f00009] and Schedule 2 to the Social Security (Reciprocal Agreements) Order (Northern Ireland) 1995[^f00010], the entries relating to the National Insurance and Industrial Injuries (Reciprocal Agreement with Malta) Order (Northern Ireland) 1957 and the National Insurance and Industrial Injuries (Reciprocal Agreement with Malta) Order (Northern Ireland) 1958 shall be omitted.

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

The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Malta;

Having established reciprocity in the field of social security by means of the Conventions which were signed on their behalf at Valetta on 26th October 1956 and 21st March 1958;

Wishing to consolidate the above Conventions into a single document; and

Wishing to extend and modify the scope of that reciprocity and to take account of changes in their legislation;

Have agreed as follows:

Part I — General Provisions

A person, together with his dependants and survivors who is, or has been, subject to the legislation of one Party shall, while he is in the territory of the other Party, enjoy the provisions of the legislation of the other Party under the same conditions as a national of that Party, subject to the special provisions of this Convention.

Part II — Provisions which Determine the Legislation Applicable Concerning Contributions Liability

Subject to Articles 7 and 8, where a person insured under the legislation of one Party and employed by an employer with a place of business in the territory of that Party, is sent by that employer, either from the territory of that Party, or from a third country not party to this Convention, to work in the territory of the other Party, the legislation of the former Party concerning liability for contributions shall continue to apply to him as if he were employed in the territory of that Party, provided that the employment in the territory of the other Party is not expected to last for more than three years, and the legislation of the latter Party shall not apply to him.

Subject to Article 8, the following provisions shall apply to any person employed as a member of the travelling personnel of an undertaking engaged in the transport of passengers or goods whether for another undertaking or on its own account:

• (a) subject to sub-paragraphs (b) and (c), where a person is employed by an undertaking which has its principal place of business in the territory of one Party, the legislation of that Party concerning liability for contributions shall apply to him as if he were employed in its territory even if he is employed in the territory of the other Party;

• (b) subject to sub-paragraph (c), where the undertaking has a branch or agency in the territory of one Party and a person is employed by that branch or agency, the legislation of that Party concerning liability for contributions shall apply to him;

• (c) where a person is ordinarily resident in the territory of one Party and is employed wholly or mainly in that territory, the legislation of that Party concerning liability for contributions shall apply to him, even if the undertaking which employs him does not have a place of business or branch or any agency in that territory.

Exceptionally, the competent authorities of the Parties may agree to modify the application of Articles 5 to 9 in respect of particular persons or categories of persons.

Part III — Special Provisions

Part IV — Benefit Provisions

Section 1 — Provisions for Sickness, Invalidity and Unemployment

Section 2 — Retirement Pension and Widow’s Benefit

Section 3 — Pro-rata Pensions

For the purpose of applying Articles 13 to 16 or 19:

• (a) where a compulsory insurance period completed under the legislation of one Party coincides with a voluntary insurance period completed under the legislation of the other Party, only the compulsory insurance period shall be taken into account, provided that the amount of pension or benefit payable under the legislation of the latter Party under Articles 13 to 16, or paragraph (2) of Article 19, shall be increased by the amount by which the pension or benefit payable under the legislation of that Party would have been increased if all voluntary contributions paid under that legislation had been taken into account;

• (b) where a contribution period, other than a voluntary contribution period, completed under the legislation of one Party coincides with an equivalent period completed under the legislation of the other Party, only the contribution period shall be taken into account;

• (c) where an equivalent period completed under the legislation of one Party coincides with an equivalent period completed under the legislation of the other Party, account shall be taken only of the equivalent period completed under the legislation under which the insured person was last insured before the day when the periods in question began or, if he was never insured before that day, under the legislation under which he first became insured after the day when the periods in question ended;

• (d) where a compulsory contribution period completed under the legislation of one Party coincides with a compulsory contribution period completed under the legislation of the other Party, each Party shall take into account only the compulsory contribution period completed under its own legislation;

• (e) where a voluntary contribution period completed under the legislation of one Party coincides with a voluntary contribution period completed under the legislation of the other Party, each Party shall take into account only the voluntary contribution period completed under its own legislation;

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

For the purpose of applying Articles 19 to 22 no account shall be taken under the legislation of Malta of any contribution paid or credited under the legislation of the United Kingdom for any period before 7th May 1956.

Where a person does not simultaneously satisfy the conditions for entitlement to a retirement pension under the legislation of both Parties, his entitlement from each Party shall be established as and when he satisfies the conditions applicable under the legislation of that Party, taking account, where appropriate, of Article 19.

Section 4 — Benefits for Industrial Accidents and Industrial Diseases

Section 5

Section 6

Part V

Part VI — Transitional and Final Provisions

This Convention shall be ratified and the instruments of ratification shall be exchanged in London as soon as possible. The Convention shall enter into force on the first day of the third month following the month in which the instruments of ratification are exchanged.

This Convention shall remain in force for an indefinite period. Either Party may denounce it at any time by giving six months' notice in writing to the other Party.

In the event of the termination of this Convention and unless a new Convention containing provisions regulating the matter is made, any right to benefit acquired by a person in accordance with this Convention shall be maintained and negotiations shall take place for the settlement of any other rights then in course of acquisition by virtue of its provisions.

Signed

P. B. B. Mayhew — One of Her Majesty’s Principal Secretaries of State — Dated this 24th day of July 1996.

Explanatory note

(This note is not part of the Order.)

This Order makes provision for the modification of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, the Social Security Administration (Northern Ireland) Act 1992 and the Jobseekers (Northern Ireland) Order 1995 and any regulations made or having effect thereunder so as to give effect in Northern Ireland to the Convention on Social Security (set out in the Schedule to this Order) made between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Malta. The provisions relate to sickness and invalidity benefit, unemployment benefit, retirement pension and widow’s benefit, orphan’s benefit and benefits for industrial accidents and industrial diseases.

Footnotes

[^f00001]: 1992 c. 8

[^f00002]: 1992 c. 7

[^f00003]: S.I. 1995/2705 (N.I. 15)

[^f00004]: See section 155(5) of the Social Security Administration (Northern Ireland) Act 1992, as amended by paragraph 48 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995

[^f00005]: S.R. & O. (N.I.) 1957 No. 11

[^f00006]: S.R. & O. (N.I.) 1958 No. 118

[^f00007]: S.I. 1976/1044

[^f00008]: S.R. 1979 No. 92

[^f00009]: S.R. 1988 No. 120

[^f00010]: S.R. 1995 No. 110