Paragraph Article 15
Subject to the provisions of Article 10 and of paragraph (2) of Article 14 of this Convention, where a person is not entitled to an old age pension under the legislation of the territory of the United Kingdom other than by virtue of this Convention any insurance period which he has completed under the legislation of Sweden shall be treated as if it were an insurance period completed under the legislation of the territory of the United Kingdom and his entitlement to old age pension under the legislation of the territory of the United Kingdom shall be determined in accordance with paragraphs (2) and (3) of this Article.
The insurance authority in the territory of the United Kingdom shall determine:
first the amount of the theoretical pension which would be payable if all the insurance periods completed by the person under the legislation of both States had been completed under the legislation of the territory of the United Kingdom; and then
the proportion of such theoretical pension which bears the same relation to the whole as the total of the insurance periods completed by the person under the legislation of that State, or of a part of the territory of that State, bears to the total of all the insurance periods which he has completed under the legislation of both States.
The proportionate amount thus calculated shall be the pension actually payable.
For the purposes of the calculation in paragraph (2) of this Article where all the insurance periods completed by any person under the legislation of
either the United Kingdom or the Isle of Man amount to less than one reckonable or as the case may be, qualifying year, or relate only to periods before 6 April 1975 and in aggregate amount to less than 50 weeks; or
Jersey amount to less than an annual contribution factor of 1.00; or
Guernsey amount to less than 50 weeks,
those periods shall be treated as if they had been completed under the legislation of any other part of the territory of the United Kingdom under which a pension is, or if such periods are taken into account would be, payable. Where no such pension is or would be payable by any other part of the territory of the United Kingdom, the periods shall be disregarded.
For the purpose of applying the provisions of paragraph (2) of this Article:
the insurance authority of the territory of the United Kingdom shall take account only of insurance periods (completed under the legislation of either State) which would be taken into account for the determination of pensions under the legislation of the territory of the United Kingdom if they were completed under the legislation of that State, and in relation to a woman shall, where appropriate, take into account in accordance with that legislation insurance periods completed by her husband;
no account shall be taken of any graduated contributions paid under the legislation of the United Kingdom or the Isle of Man before 6 April 1975 and the amount of any graduated benefit payable by virtue of such contributions shall be added to the amount of any pensions payable in accordance with paragraph (2) of this Article under that legislation;
no account shall be taken under the legislation of the United Kingdom of any insurance period after the person attained pensionable age, but any increase of benefit in respect of such a period under the legislation of the United Kingdom shall be added to any benefit payable under the legislation of the United Kingdom which has been calculated under paragraph (2) of this Article;
where a compulsory insurance period completed under the legislation of Sweden coincides with a voluntary insurance period completed under the legislation of the United Kingdom, only the compulsory insurance period shall be taken into account, provided that the amount of pension payable under the legislation of the United Kingdom under the provisions of paragraph (2) of this Article shall be increased by the amount by which the pension payable under the legislation of that State would have been increased if all voluntary contributions paid under that legislation had been taken into account;
where a contribution period completed under the legislation of Sweden coincides with an equivalent period completed under the legislation of the United Kingdom, the latter period shall not be taken into account;
where it is not possible to determine accurately the period of time in which certain insurance periods were completed, they shall be treated as if they did not overlap with other insurance periods and shall, where advantageous, be taken into account.
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