Paragraph Article 5 General Provisions

Subject to paragraphs (2) to (12) and Articles 6 to 10, where a person is gainfully employed, liability for contributions for him shall be determined under the legislation of the Party in whose territory he is so employed.

Where a person is employed in the territory of both Parties for the same period, liability for contributions for him shall be determined only under the legislation of the Party in whose territory he is ordinarily resident.

Where a person is self-employed in the territory of both Parties for the same period, liability for contributions for him shall be determined only under the legislation of the Party in whose territory he is ordinarily resident.

Where a person is employed in the territory of one Party and self-employed in the territory of the other Party for the same period, liability for contributions for him shall be determined only under the legislation of the former Party.

No provision of this Article shall affect a person’s liability to pay a Class 4 contribution under the legislation of the United Kingdom.

Where a person is not gainfully employed, any liability for contributions shall be determined under the legislation of the Party in whose territory he is ordinarily resident.

Where, but for this paragraph, a person would be entitled to pay contributions voluntarily under the legislation of both Parties for the same period, he shall be entitled to pay contributions only under the legislation of one Party according to his choice.

Where under Articles 6, 7(a) or (b) or 8(2) a person is employed in the territory of one Party whilst remaining liable for contributions under the legislation of the other Party, the legislation of the former Party shall not apply to him and he shall not be liable, nor entitled, to pay contributions under the legislation of the former Party.

Where a person is gainfully employed in the territory of one Party and the legislation of the other Party does not apply to him in accordance with paragraphs (1) and (4), or ceases to apply to him under Articles 6, 7(a) or (b) or 8(2), the legislation of the former Party shall apply to him as if he were ordinarily resident in the territory of that Party.

A person who is entitled to receive sickness benefit, maternity allowance, invalidity benefit or injury benefit for any period under the legislation of Malta while he is in Guernsey, shall be excepted from liability to pay a contribution in respect of that period, other than as an employed or self-employed person, under the legislation of Guernsey.

A woman who is entitled to receive widow’s benefit under the legislation of Guernsey while she is in Malta, shall not be credited with a Class 3 contribution in respect of every week during which that benefit is payable to her, but shall be credited, for the purposes of entitlement to retirement pension or death grant, in respect of each year during the whole or part of which such benefit is payable, with a number of Class 3 contributions equal to her husband’s yearly average of reckonable contributions at the date of his death. If the rate of retirement pension payable to such a woman would be less than the rate of widow’s benefit formerly payable it shall be increased to that of the widow’s benefit.

For the purpose of determining, whether a person is entitled to be credited with a Class 1 contribution under the legislation of Guernsey in respect of any week of unemployment, any insurance period, or any period of employment, completed by him under the legislation of Malta, shall be treated as an insurance period or period of employment, as the case may be, under the legislation of Guernsey.