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

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Source: https://www.legislation.gov.uk/uksi/1996/1927/schedule/paragraph/wrapper15 (the official version)
Page: https://openlegislation.uk/social-security-malta-order-1996/schedule/paragraph-wrapper15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

