# The Social Security (Malta) Order 1996, Paragraph: 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.

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Source: https://www.legislation.gov.uk/uksi/1996/1927/schedule/paragraph/wrapper14 (the official version)
Page: https://openlegislation.uk/social-security-malta-order-1996/schedule/paragraph-wrapper14
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.