OpenLegislation

(1)

Subject to the provisions of paragraphs (2) and (4) of this Article, where a person is entitled to an old age pension under the legislation of one Party otherwise than by virtue of the provisions of this Convention, that pension shall be payable and the provisions of Article 12 of this Convention shall not apply under that legislation.

(2)

For the purpose of this Article, “old age pension” shall not include a Category B retirement pension payable to F1Married person or civil partner under the legislation of the United Kingdom by virtue of the contributions of her F2Spouse or civil partner.

(3)

For the purpose of determining entitlement to additional component payable under the legislation of the United Kingdom, no account shall be taken of any contribution period completed under the legislation of the Philippines and for the purpose of this Article and Article 12 of this Convention additional component shall be treated as a separate benefit to which the provisions of Article 12 do not apply.

(4)

Entitlement to an old age pension in the circumstances referred to in paragraph (1) of this Article shall not preclude either Party from taking into account in accordance with Article 12(3) of this Convention insurance periods completed under the legislation of the other Party.

Annotations

Textual amendments

F1

Words in art. 11(2) substituted (5.12.05) by S.I. 2005/2765, art. 1, 2

F2

Words in art. 11(2) substituted (5.12.05) by S.I. 2005/2765, art. 1, 2

Notes on Schedule

Modifications

C1

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