Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Articles 3, 5 and 10, paragraph 1, of the Convention (branch e: old-age benefit). In reply to the Committee's previous comments concerning the nature of the "social pension" to which Italian citizens are entitled who are above the age of 65 years and who satisfy certain means criteria, under the terms of article 26 of Law No. 153 of 30 April 1969, the Government maintains its position according to which this pension, being entirely financed by the State, has the character of an assistance payment and therefore falls outside the scope of social security. In this situation the Committee cannot but once again draw the Government's attention to the fact that the "social pension" in question has to be considered as falling under the purview of the Convention since the payment of this benefit is automatically guaranteed if the required condition of the means test is satisfied; it is therefore not a benefit excluded from the scope of the application of the Convention, but is a non-contributory social security benefit of the type indicated in Article 2, paragraph 6(a), of the Convention.

The Committee has nevertheless noted with interest that, according to the information supplied by the Government, problems related to the nature of the "social pension" are now the subject of the discussion at the level of the European Community and also that the reorganisation of the whole system of pensions is under way at the national level. It therefore once again expresses the hope that the Government will reconsider its position in regard to the nature of the social pension with a view to applying the Convention and that it will indicate progress made in this respect in its next report.

[The Government is asked to report in detail for the period ending 30 June 1993.]