Common use of SICKNESS BENEFIT Clause in Contracts

SICKNESS BENEFIT. (1) Where a person has, since his last arrival in the territory of one Party, completed a contribution period under the legislation of that Party, then for the purpose of any claim to sickness benefit made under the legislation of that Party, any insurance period completed under the legislation of the other Party shall be treated in accordance with Article 11 as if it were an insurance period completed under the legislation of the former Party. (2) Where a person is employed in the territory of one Party and the legislation of the other Party applies to him in accordance with any of the provisions of Articles 5 to 10, he shall be treated under that legislation for the purpose of any claim to sickness benefit as if he were in the territory of the latter Party. (3) Subject to paragraphs (5) and (6) and Article 32, where a person would be entitled to receive sickness benefit under the legislation of the United Kingdom if he were in the territory of that Party, he shall be entitled to receive that sickness benefit while he is in Malta if: (a) his condition necessitates immediate treatment during a stay in Malta and, within six days of commencement of incapacity for work or such longer period as the competent authority may allow, he submits to the competent authority of the United Kingdom a claim to benefit and documentary evidence of incapacity for work issued by the doctor treating him; or (b) having claimed and become entitled to sickness benefit under the legislation of the United Kingdom, he is authorised by the competent authority of that Party to return to Malta where he resides, or to transfer his residence to Malta; or (c) having claimed and become entitled to sickness benefit under the legislation of the United Kingdom, he is authorised by the competent authority of that Party to go to Malta to receive there treatment for his condition. The authorisation required in accordance with sub-paragraph (b) may be refused only if it is established that movement of the person concerned would be prejudicial to his state of health or the receipt of medical treatment. (4) Subject to paragraph (5) and Article 32, where a person would, if he were in Great Britain or Northern Ireland, be entitled to statutory sick pay under the legislation of Great Britain or Northern Ireland, he shall, provided that he satisfies all the conditions for entitlement to, and payment of, sickness benefit under the legislation of Great Britain or Northern Ireland, with the exception of any conditions as to residence and presence in Great Britain or Northern Ireland, be entitled to receive that sickness benefit while he is in Malta if: (a) his condition necessitates immediate treatment during a stay in Malta and within six days of commencement of incapacity for work, or such longer period as the competent authority or insurance authority may allow, he submits to the competent authority or insurance authority of Great Britain or Northern Ireland a claim to benefit and documentary evidence of incapacity for work issued by the doctor treating him; or (b) having become entitled to statutory sick pay under the legislation of Great Britain or Northern Ireland, he is authorised by the competent authority of Great Britain or Northern Ireland to return to Malta, where he resides, or to transfer his residence to Malta; or (c) having become entitled to statutory sick pay under the legislation of Great Britain or Northern Ireland, he is authorised by the competent authority of Great Britain or Northern Ireland to go to Malta, to receive there treatment for his condition. The authorisation required in accordance with sub-paragraph (b) may be refused only if it is established that movement of the person concerned would be prejudicial to his state of health, or to the receipt of medical treatment. (5) Nothing in this Article shall permit the payment of statutory sick pay outside Great Britain or Northern Ireland. (6) Where a seasonal worker, who is entitled to sickness benefit in Malta by virtue of this Article, goes to Guernsey, or where a seasonal worker, who is entitled to sickness benefit under the legislation of Guernsey, goes to Malta, he shall be entitled to continue to receive such benefit for a period of not more than thirteen weeks from the date of his departure from Malta, or from Guernsey, as the case may be. (7) Where a person who is resident in the territory of one Party claims but is not entitled to receive sickness benefit under the legislation of that Party but would be entitled to receive sickness benefit under the legislation of the other Party if he were in the territory of that Party, he shall be entitled to receive that sickness benefit while he is in the territory of the former Party provided that, since his last arrival in the territory of that Party, he has not completed a contribution period under its legislation. (8) Where a person would be entitled to receive sickness benefit under the legislation of Malta if he were in the territory of that Party, he shall be entitled to receive that sickness benefit while he is in the territory of the United Kingdom. (9) Where, but for this paragraph, a person would be entitled to receive for the same period, whether by virtue of this Convention or otherwise: (a) sickness benefit, including industrial injury benefit under the legislation of Guernsey, under the legislation of both Parties, or (b) statutory sick pay under the legislation of Great Britain or Northern Ireland, and sickness benefit under the legislation of Malta, that benefit or payment shall be granted only under the legislation under which the person was last insured before entitlement arose.

SICKNESS BENEFIT. (1) Where a person has, since his last arrival in the territory of one Party, completed a contribution period under the legislation of that Party, then for the purpose of any claim to sickness benefit made under the legislation of that Party, any insurance period completed under the legislation of the other Party shall be treated in accordance with Article 11 as if it were an insurance period completed under the legislation of the former Party. (2) Where a person is employed in the territory of one Party and the legislation of the other Party applies to him in accordance with any of the provisions of Articles 5 to 10, he shall be treated under that legislation for the purpose of any claim to sickness benefit as if he were in the territory of the latter Party. (3) Subject to paragraphs (5) and (6) and Article 32, where a person would be entitled to receive sickness benefit under the legislation of the United Kingdom if he were in the territory of that Party, he shall be entitled to receive that sickness benefit while he is in Malta if:Malta (a) his condition necessitates immediate treatment during a stay in Malta and, within six days of commencement of incapacity for work or such longer period as the competent authority may allow, he submits to the competent authority of the United Kingdom a claim to benefit and documentary evidence of incapacity for work issued by the doctor treating him; or (b) having claimed and become entitled to sickness benefit under the legislation of the United Kingdom, he is authorised by the competent authority of that Party to return to Malta where he resides, or to transfer his residence to Malta; or (c) having claimed and become entitled to sickness benefit under the legislation of the United Kingdom, he is authorised by the competent authority of that Party to go to Malta to receive there treatment for his condition. The authorisation required in accordance with sub-paragraph (b) may be refused only if it is established that movement of the person concerned would be prejudicial to his state of health or the receipt of medical treatment. (4) Subject to paragraph (5) and Article 32, where a person would, if he were in Great Britain or Northern Ireland, be entitled to statutory sick pay under the legislation of Great Britain or Northern Ireland, he shall, provided that he satisfies all the conditions for entitlement to, and payment of, sickness benefit under the legislation of Great Britain or Northern Ireland, with the exception of any conditions as to residence and presence in Great Britain or Northern Ireland, be entitled to receive that sickness benefit while he is in Malta if: (a) his condition necessitates immediate treatment during a stay in Malta and within six SIX days of commencement of incapacity for work, or such longer period as the competent authority or insurance authority may allow, allow he submits to the competent authority or insurance authority of Great Britain or Northern Ireland a claim to benefit and documentary evidence of incapacity for work issued by the doctor treating him; or (b) having become entitled to statutory sick pay under the legislation of Great Britain or Northern Ireland, he is authorised by the competent authority of Great Britain or Northern Ireland to return to Malta, where he resides, or to transfer his residence to Malta; or (c) having become entitled to statutory sick pay under the legislation of Great Britain or Northern Ireland, he is authorised by the competent authority of Great Britain or Northern Ireland to go to Malta, to receive there treatment for his condition. The authorisation required in accordance with sub-paragraph (b) may be refused only if it is established that movement of the person concerned would be prejudicial to his state of health, or to the receipt of medical treatment. (5) Nothing in this Article shall permit the payment of statutory sick pay outside Great Britain or Northern Ireland. (6) Where a seasonal worker, who is entitled to sickness benefit in Malta by virtue of this Article, goes to Guernsey, or where a seasonal worker, who is entitled to sickness benefit under the legislation of Guernsey, goes to Malta, he shall be entitled to continue to receive such benefit for a period of not more than thirteen weeks from the date of his departure from Malta, or from Guernsey, as the case may be. (7) . Where a person who is resident in the territory of one Party claims but is not entitled to receive sickness benefit under the legislation of that Party but would be entitled to receive sickness benefit under the legislation of the other Party if he were in the territory of that Party, he shall be entitled to receive that sickness benefit while he is in the territory of the former Party provided that, since his last arrival in the territory of that Party, he has not completed a contribution period under its legislation. (8) Where a person would be entitled to receive sickness benefit under the legislation of Malta if he were in the territory of that Party, he shall be entitled to receive that sickness benefit while he is in the territory of the United Kingdom. (9) Where, but for this paragraph, a person would be entitled to receive for the same period, whether by virtue of this Convention or otherwise: (a) sickness benefit, including industrial injury benefit under the legislation of Guernsey, under the legislation of both Parties, or (b) statutory sick pay under the legislation of Great Britain or Northern Ireland, and sickness benefit under the legislation of Malta, that benefit or payment shall be granted only under the legislation under which the person was last insured before entitlement arose.