Observation (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee refers to its previous comments in which it pointed out that section 49 (in conjunction with section 48) of the National Insurance and Social Security (Benefits) Regulations of 1967 and section 25 of the Employment Injury (Benefits) Regulations 1970 which deprive a beneficiary, when residing abroad, of his right to ask for his benefit to be paid directly to him at his place of residence, are contrary to the provisions of Article 5 of the Convention. Under this provision of the Convention, Barbados, which has accepted the obligations for branch (e) (old-age benefit), branch (f) (survivors' benefit), and branch (g) (employment injury benefit), among others, must guarantee both to its own nationals and to the nationals of any other Member that has accepted the obligations in respect of the branch in question, when they are resident abroad, direct payment of the benefit to which they are entitled under such branch. In its report, the Government states that it will for the time being continue to progressively implement the provision of Article 5 by way of reciprocal arrangements. The Committee notes this information. However, the Committee points out that under this Article of the Convention the payment of long-term benefits (other than those of the type referred to in paragraph 6(a) of Article 2) to entitled beneficiaries resident abroad shall be guaranteed as of right, even in the absence of a bilateral or multilateral agreement. Therefore, the Committee hopes that the Government will take the necessary steps in the near future to include in the legislation a provision ensuring direct payment of old-age, survivors' and employment injury benefits to all entitled beneficiaries at their place of residence.

The Committee draws the Government's attention to the availability of technical assistance from the Office.