Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the information supplied by the Government in its reports. It also notes the legislation to implement the Convention. It wishes to draw the Government’s attention to, and/or receive further information on, the following points.

Part VII (Family allowances), Article 44 of the Convention (Total value of benefits). The Committee understands from the information sent by the Government in its report that the rate of family allowances as prescribed by this provision of the Convention has been attained. It nonetheless requests the Government to provide statistics in its next report showing the rate of family allowances in the form required by the report form under Article 44.

Part VIII (Maternity benefit), Article 48 (Scope). Please provide statistics on the coverage of maternity benefit both in cash and in kind in the form required by the report form under Titles I or II.

Part IX (Invalidity benefit), Article 58 (in conjunction with Article 69) (Duration of benefit). Since the Government stated in its report that invalidity benefit is reduced in accordance with Article 69(e) and (f), where the contingency is caused by a crime or an offence committed by the insured person or by the latter’s wilful misconduct, the Committee requests the Government to indicate the relevant legal provisions.

Part XI (Standards to be complied with by periodical payments), Article 65 (in conjunction with Articles 50, 56 and 62) (Maintenance of benefit). The Committee notes the information, particularly the statistics, sent by the Government in its report showing that the rate of maternity, invalidity and survivors’ benefits attain the rate prescribed by the Convention. It notes, however, that these statistics are not always clearly established and that they do not necessarily tally with the information given by the Government in the reports on Conventions Nos. 128 and 130. In these circumstances, the Committee hopes that the Government’s next report will contain all the information requested in the report form in the manner required under Article 65, Titles I, II, IV and V. The Committee also draws the Government’s attention to its comments under Articles 17 and 18 (in conjunction with Article 26) of Convention No. 128 and under Article 21 (in conjunction with Article 22), of Convention No. 130.

Furthermore, with regard to the review of invalidity and survivors’ benefits, pursuant to Article 65, paragraph 10, of the Convention, the Committee would be grateful if in its next report the Government would supply all the information required by the report form under Article 65, Title VI. It also draws the Government’s attention to its comments on Convention No. 128 under Article 29.

Part XIII (Common provisions), Article 70 (Right of appeal). The Committee notes the information referred to by the Government on the application of Article 70 of the Convention. It would be grateful if the Government would supply information on the implementation in practice of the legal provisions governing the right of appeal to administrative authorities and available means of redress in the courts for each social security branch accepted.

Article 71, paragraph 2 (Financing of benefits). Please provide the statistical information required by the report form under Article 71(3).

Article 72, paragraph 1 (Participation of representatives of the persons protected in the management of the scheme). Please provide information on the implementation of this provision of the Convention for each branch accepted.

The Committee also refers the Government to its comments on Part II (Medical care) under Convention No. 130.