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Paragraph Article 4 Provisions for the Export of Benefits

(1)

Subject to Articles 13 to 16, 18 to 28 and 33—

(a)

a person who would be entitled to receive a retirement pension, widow’s benefit, invalidity benefit or any pension or benefit payable in respect of an industrial accident or an industrial disease under the legislation of the United Kingdom, if he were in the United Kingdom, shall be entitled to receive that pension or benefit while he is in Malta, as if he were in the United Kingdom, and

(b)

a person who would be entitled to receive a pension in respect of retirement, widowhood or invalidity or any pension or benefit payable in respect of an industrial accident or an industrial disease under the legislation of Malta if he were in Malta, shall be entitled to receive that pension or benefit while he is in the United Kingdom, as if he were in Malta.

(2)

Subject to Article 12(3),(4) and (7), and Articles 13 to 15, a person who continues to be entitled to receive sickness benefit under the legislation of Great Britain, Northern Ireland or the Isle of Man while he is in Malta may, after having received, or been deemed to have received, 364 days sickness benefit, become entitled to receive invalidity benefit under the legislation of Great Britain, Northern Ireland or the Isle of Man while he is in Malta, provided that he continues to satisfy the insurance authority of the former Party that he remains incapable of work.

(3)

Subject to Article 12(3), (6) and (7), a person who continues to be entitled to receive sickness benefit or industrial injury benefit under the legislation of Guernsey while he is in Malta may, after having received, or been deemed to have received, 156 days sickness benefit or industrial injury benefit, become entitled to receive invalidity benefit under the legislation of Guernsey while he is in Malta, provided that he continues to satisfy the insurance authority of Guernsey that he remains incapable of work.

(4)

Where, under the legislation of one Party, an increase of any of the benefits for which specific provision is made in this Convention would be payable for a dependant if he were in the territory of that Party, it shall be payable while he is in the territory of the other Party.

Notes on Schedule

Modifications

C1

Sch. modified (5.12.2005) by Social Security (Reciprocal Agreements) Order 2005 (S.I. 2005/2765), art. 1, Sch. 2