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Article 5 of the Convention. Payment of benefits abroad. (a) In its previous direct request the Committee asked the Government whether the person receiving an old-age, survivors’ or employment injury pension in Israel would continue to receive it abroad if he/she moves his/her residence to another country. In reply, the Government stated that this depends on the type of benefit and the country of residence. Regarding all the benefits covered by Convention No. 118, if the person concerned moves to a country with which Israel has signed a bilateral social security convention, the person will continue to receive the benefit in that other country for an unlimited time. The Committee recalls, in this respect, that, as previously stated by the Government, according to section 374(b) of the National Insurance Law (1995 version), a multinational convention to which Israel is signatory, such as Convention No. 118, shall be considered as a bilateral convention between Israel and each one of the other signatory countries on condition that the other country does not discriminate against Israeli citizens regarding the insurance branches in question. The Committee would, therefore, like the Government to specify whether, as a general rule, Israel would continue to pay benefits covered by Article 5 of Convention No. 118 to the nationals of the countries which have also accepted the corresponding branches of the Convention, but with which Israel has not signed a separate bilateral social security agreement, in case they establish their new residence outside Israel in whatever country this may be. If this practice is not yet generalized, the Committee wishes to remind the Government of its intention expressed already in the report of 1994 to make use for this purpose of section 190 of the National Insurance Act which entitles the competent minister to make regulations for the implementation of agreements between Israel and foreign States. Such regulations should equally apply also to Israeli nationals and to refugees and stateless persons in case of their residence abroad.

(b) In its previous direct request the Committee asked the Government whether the survivors of the deceased Israeli breadwinner who are residing abroad could apply for the survivors’ benefit without having to come or to move their residence to Israel. In reply, the Government stated that they may apply for the survivors’ benefit when abroad, but will be eligible for the benefit only if they are considered Israeli residents. The Committee wishes to point out that Article 5(1) of the Convention obliges the Government to pay survivors’ benefits to the nationals of any other country which has accepted the obligations of the Convention in respect of branch (f) (survivors’ benefit), when they are resident abroad and are not Israeli residents. The Committee would therefore ask the Government to consider introducing practical and legal arrangements in order to give effect to the Convention on this point.

Article 6 of the Convention obliges Israel to guarantee the grant of family allowances both to its own nationals and to the nationals of any other country which has accepted the obligations of the Convention for branch (i) (family benefit) in respect of children who reside outside Israel in the territory of any such country, under conditions to be agreed upon by the countries concerned. The report states that, as a rule, family benefits may be paid abroad in respect of children residing outside Israel for up to six months. Please indicate whether family benefits are paid to Israeli residents (nationals and foreigners) inside Israel in respect of their children who reside abroad and whether this question is regulated in bilateral social security conventions concluded by Israel with other countries.

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The Committee notes from the report for the years 2001–06 that residence of Israel is a condition of eligibility for benefits under the following insurance branches: old-age, survivors’, disability, family benefits and unemployment. The report also indicates that most applications for disability benefit from persons residing abroad do not meet the conditions of entitlement to benefit. Taking into account that, under Article 4 of the Convention, benefits shall be granted to the nationals of Israel and of any other State for which the Convention is in force, without any condition of residence, the Committee would like the Government to provide, with reference to the corresponding provisions of the legislation, detailed replies to the following questions:

–           whether at the moment of submitting the application for the abovementioned benefits the person concerned should reside in Israel;

–           whether the person receiving the benefit in Israel would continue to receive it abroad if he moves his residence to another country;

–           whether the survivors of the Israeli resident who are residing abroad could apply for the survivors’ benefit without having to come or to move their residence to Israel;

–           whether the family benefit is paid in respect of children residing outside Israel.

The Committee would also be grateful if the Government would reply to its direct request of 2002, which read as follows:

The Committee notes the information provided by the Government in its reports in 1997 and 2001, as well as its reply to the Committee’s previous comments. It also notes detailed statistics on the payment of old-age, survivors’, disability and work injury benefits to beneficiaries residing abroad, including in countries with which Israel has no bilateral convention, but which are also parties to Convention No. 118. The Committee recalls in this respect the intention of the Government expressed in its report of 1994, to enact regulations to codify this practice under section 190 of the National Insurance Law (old edition), so as to give effect to Article 5 of the Convention not only in practice but in law as well. It would be glad to receive information on the progress made in this respect in the Government’s next report.

[The Government is asked to reply in detail to the present comments in 2008.]

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The Committee notes the information provided by the Government in its reports in 1997 and 2001, as well as its reply to the Committee’s previous comments. It also notes detailed statistics on the payment of old-age, survivors’, disability and work injury benefits to beneficiaries residing abroad, including in countries with which Israel has no bilateral convention, but which are also parties to Convention No. 118. The Committee recalls in this respect the intention of the Government expressed in its report of 1994, to enact regulations to codify this practice under section 190 of the National Insurance Law (old edition), so as to give effect to Article 5 of the Convention not only in practice but in law as well. It would be glad to receive information on the progress made in this respect in the Government’s next report. Please provide also a copy of the new edition of the National Insurance Law in effect from 1 October 1995, together with its English translation, if available.

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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 notes the information, including statistics, supplied by the Government in its report. It would like to draw the Government's attention to the following points. Article 5, paragraph 1, of the Convention, branch (e) (old-age benefit), branch (f) (survivors' benefit) and branch (g) (employment injury benefit) in relation with Article 10 of the Convention. In its previous comments, the Committee drew the Government's attention to the need to lift, as far as above-mentioned benefits are concerned, the restriction of section 146 of the National Insurance Act concerning the suspension of pensions in case of persons residing abroad for more than six months. It recalls that under the Convention, benefit should be paid abroad to Israeli nationals, the nationals of any other country which has accepted the obligations of the Convention in respect of the branches in question, as well as to refugees and stateless persons, without condition of residency. In its reply, the Government explains that section 190 of the National Insurance Act entitles the competent Minister to make regulations for the implementation of agreements between Israel and foreign States and that a multilateral convention relating to national insurance to which Israel has acceded shall be regarded as an agreement within the meaning of said section 190. For employment injury benefits (branch (g)) in particular, the Government states that such benefits are paid to residents abroad in accordance with the provisions of the Convention. Therefore, it intends to enact regulations to codify the practice, and preliminary steps are already under way. The Committee notes this information with interest and hopes that the necessary steps will be taken in the near future to promulgate regulations to guarantee the provision of employment injury benefits in case of residence abroad as provided for by Articles 5 and 10 of the Convention. Regarding old-age (branch (e)) and survivors' (branch (f)) benefits, the Government explains that negotiations are required with other countries which have ratified Convention No. 118 respecting such branches, and that bilateral agreements currently exist with nine countries. The Government adds, though, that all persons who meet the conditions of entitlement to an old-age or survivors' benefit will receive their benefit in the country of residence even if no bilateral agreement exists. The Committee notes this information. It recalls that the payment of these benefits must be effected as of right and without restriction including residency restrictions, even in the absence of a bilateral agreement. The Committee hopes therefore that the regulations which the Government intends to adopt will also cover the payment of old-age and survivors' benefits in case of residence abroad as provided for by these provisions of the Convention. Article 5(1) (death grants). In response to the Committee's previous comments, the Government states that survivors receive a death grant even when the deceased was buried outside of Israel. The Committee notes this information. It would appreciate receiving a copy of the English translation of the legal provisions (such as statutes, regulations, and ministerial directives) guaranteeing this practice. Article 6. In its previous comments the Committee recalled that under Article 6 of the Convention, the Government has the obligation to guarantee the grant of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of the Convention for branch (i) (family benefit) in respect of children who reside in the territory of any such member, irrespective of the length of the residence abroad. In its reply, the Government states that the Insurance Institute may regard a child as being in Israel even if it has left Israel for a period exceeding six months. The Committee notes this information with interest. In view of the fact that, according to previous information, the Insurance Institute may exercise this power under limited circumstances only, pursuant to section 104(b) of the National Insurance Act, the Committee hopes that the Government will be able to take the necessary measures to codify this practice.

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The Committee notes the information, including statistics, supplied by the Government in its report. It would like to draw the Government's attention to the following points.

Article 5, paragraph 1, of the Convention, branch (e) (old-age benefit), branch (f) (survivors' benefit) and branch (g) (employment injury benefit) in relation with Article 10 of the Convention. In its previous comments, the Committee drew the Government's attention to the need to lift, as far as above-mentioned benefits are concerned, the restriction of section 146 of the National Insurance Act concerning the suspension of pensions in case of persons residing abroad for more than six months. It recalls that under the Convention, benefit should be paid abroad to Israeli nationals, the nationals of any other country which has accepted the obligations of the Convention in respect of the branches in question, as well as to refugees and stateless persons, without condition of residency.

In its reply, the Government explains that section 190 of the National Insurance Act entitles the competent Minister to make regulations for the implementation of agreements between Israel and foreign States and that a multilateral convention relating to national insurance to which Israel has acceded shall be regarded as an agreement within the meaning of said section 190. For employment injury benefits (branch (g)) in particular, the Government states that such benefits are paid to residents abroad in accordance with the provisions of the Convention. Therefore, it intends to enact regulations to codify the practice, and preliminary steps are already under way. The Committee notes this information with interest and hopes that the necessary steps will be taken in the near future to promulgate regulations to guarantee the provision of employment injury benefits in case of residence abroad as provided for by Articles 5 and 10 of the Convention.

Regarding old-age (branch (e)) and survivors' (branch (f)) benefits, the Government explains that negotiations are required with other countries which have ratified Convention No. 118 respecting such branches, and that bilateral agreements currently exist with nine countries. The Government adds, though, that all persons who meet the conditions of entitlement to an old-age or survivors' benefit will receive their benefit in the country of residence even if no bilateral agreement exists. The Committee notes this information. It recalls that the payment of these benefits must be effected as of right and without restriction including residency restrictions, even in the absence of a bilateral agreement. The Committee hopes therefore that the regulations which the Government intends to adopt will also cover the payment of old-age and survivors' benefits in case of residence abroad as provided for by these provisions of the Convention.

Article 5(1) (death grants). In response to the Committee's previous comments, the Government states that survivors receive a death grant even when the deceased was buried outside of Israel. The Committee notes this information. It would appreciate receiving a copy of the English translation of the legal provisions (such as statutes, regulations, and ministerial directives) guaranteeing this practice.

Article 6. In its previous comments the Committee recalled that under Article 6 of the Convention, the Government has the obligation to guarantee the grant of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of the Convention for branch (i) (family benefit) in respect of children who reside in the territory of any such member, irrespective of the length of the residence abroad. In its reply, the Government states that the Insurance Institute may regard a child as being in Israel even if it has left Israel for a period exceeding six months. The Committee notes this information with interest. In view of the fact that, according to previous information, the Insurance Institute may exercise this power under limited circumstances only, pursuant to section 104(b) of the National Insurance Act, the Committee hopes that the Government will be able to take the necessary measures to codify this practice.

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The Committee notes with regret that the Government's report has not been received. With reference to its observation, the Committee once again requests the Government to supply information on the following points which it has been raising for a number of years.

Article 5, paragraph 1, of the Convention, branch (e) (Old-age benefit), branch (f) (Survivors' benefit) and branch (g) (Employment injury benefit). In its previous comments, the Committee drew the attention of the Government to the fact that section 146 of the National Insurance Act makes the payment of pensions in the event of the residence of the beneficiary abroad for a period of over six months subject to the consent of the National Insurance Institute. However, in accordance with Article 5 of the Convention (in conjunction with Article 10), the provision of old-age benefits, survivors' benefits and employment injury pensions, among other benefits, must be guaranteed in the event of the residence of the beneficiary abroad, irrespective of the period of residence abroad, both to its own nationals and to the nationals of any other country which has accepted the obligations of the Convention in respect of the branch in question, as well as to refugees and stateless persons.

In its reply, the Government once again states that in principle it does not suspend pensions in cases where the beneficiary resides abroad for more than six months. If the beneficiary continues to meet the conditions of entitlement in his country of residence, he continues to receive the pension, in accordance with the terms of any bilateral convention concluded with the country of residence. If no such convention exists, the pension is paid in accordance with the detailed instructions of the specific insurance branch.

The Committee notes this information, which had already been supplied by the Government in its previous report. It also notes the new statistics on the number of pensions paid to beneficiaries residing abroad in 1989. The Committee therefore trusts that the Government will not have any difficulties in setting out its practice in law by amending section 146 of the National Insurance Act so as to ensure, in accordance with Article 5 of the Convention, the provision of the above benefits in the event of residence abroad, irrespective of the length of residence outside the country.

Article 5, paragraph 1 (Death grants). In reply to the Committee's previous comments, the Government once again states that it pays a death grant to the survivor of every recipient of an old-age pension residing abroad. The Committee once again requests the Government to indicate whether the death grant is payable in the case of burial abroad; if this is not the case, the Committee would be grateful if the Government would indicate the measures which have been taken or are envisaged to ensure the implementation of this provision of the Convention.

Article 6. In its previous comments, the Committee noted the information supplied by the Government to the effect that the National Insurance Institute exercises the power conferred upon it by section 104(b) of the National Insurance Act, to consider a child as being in Israel even if he has been away from Israel for a period exceeding six months in the following cases: (1) if the child is residing outside Israel for health reasons, or accompanies his parents or brothers or sisters outside Israel for health reasons; (2) if the child is accompanying a parent employed outside Israel by an Israeli employer; and (3) if the child is accompanying a parent on a sabbatical in certain instances. While confirming this practice, the Government states in its last report that the number of children outside Israel for a period of over six months and who continue to benefit from the provision of family allowances in the cases mentioned above still amounts to a few thousand each year.

The Committee points out that under Article 6 of the Convention, the Government has the obligation to guarantee the grant of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of this Convention for the branch "family benefit" in respect of children who reside on the territory of any such Member, irrespective of the length of the residence abroad. In so far as the measures taken by the National Insurance Institute under the terms of section 104(b) of the National Insurance Act do not appear to be sufficient to ensure the full application of Article 6 of the Convention in all cases, and particularly when the child has never been resident in Israel, the Committee once again requests the Government to indicate the measures which have been taken or are envisaged to give better effect to the Convention on this point. In this respect, it once again hopes that the National Insurance Institute will be able to exercise the power conferred upon it under the terms of the above provision in respect of all children away from Israel for more than six months, for whatever reason, as well as those who have never been resident in Israel, when they are resident on the territory of a State which has accepted the obligations of the Convention for branch (i).

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The Committee notes with regret that the Government's report has not been received. It recalls also that the Government's last report only reproduced the text of its report for the period 1983-86 with the addition of certain statistics for the year 1989.

The Committee is therefore bound to insist that the Government's next report contains full and detailed information on the points that it is raising once again in a request addressed directly to the Government.

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With reference to its observation, the Committee once again requests the Government to supply information on the following points which it has been raising for a number of years.

Article 5, paragraph 1, of the Convention, branch (e) (Old-age benefit), branch (f) (Survivors' benefit) and branch (g) (Employment injury benefit). In its previous comments, the Committee drew the attention of the Government to the fact that section 146 of the National Insurance Act makes the payment of pensions in the event of the residence of the beneficiary abroad for a period of over six months subject to the consent of the National Insurance Institute. However, in accordance with Article 5 of the Convention (in conjunction with Article 10), the provision of old-age benefits, survivors' benefits and employment injury pensions, among other benefits, must be guaranteed in the event of the residence of the beneficiary abroad, irrespective of the period of residence abroad, both to its own nationals and to the nationals of any other country which has accepted the obligations of the Convention in respect of the branch in question, as well as to refugees and stateless persons.

In its reply, the Government once again states that in principle it does not suspend pensions in cases where the beneficiary resides abroad for more than six months. If the beneficiary continues to meet the conditions of entitlement in his country of residence, he continues to receive the pension, in accordance with the terms of any bilateral convention concluded with the country of residence. If no such convention exists, the pension is paid in accordance with the detailed instructions of the specific insurance branch.

The Committee notes this information, which had already been supplied by the Government in its previous report. It also notes the new statistics on the number of pensions paid to beneficiaries residing abroad in 1989. The Committee therefore trusts that the Government will not have any difficulties in setting out its practice in law by amending section 146 of the National Insurance Act so as to ensure, in accordance with Article 5 of the Convention, the provision of the above benefits in the event of residence abroad, irrespective of the length of residence outside the country.

Article 5, paragraph 1 (Death grants). In reply to the Committee's previous comments, the Government once again states that it pays a death grant to the survivor of every recipient of an old-age pension residing abroad. The Committee once again requests the Government to indicate whether the death grant is payable in the case of burial abroad; if this is not the case, the Committee would be grateful if the Government would indicate the measures which have been taken or are envisaged to ensure the implementation of this provision of the Convention.

Article 6. In its previous comments, the Committee noted the information supplied by the Government to the effect that the National Insurance Institute exercises the power conferred upon it by section 104(b) of the National Insurance Law, to consider a child as being in Israel even if he has been away from Israel for a period exceeding six months in the following cases: (1) if the child is residing outside Israel for health reasons, or accompanies his parents or brothers or sisters outside Israel for health reasons; (2) if the child is accompanying a parent employed outside Israel by an Israeli employer; and (3) if the child is accompanying a parent on a sabbatical in certain instances. While confirming this practice, the Government states in its last report that the number of children outside Israel for a period of over six months and who continue to benefit from the provision of family allowances in the cases mentioned above still amounts to a few thousand each year.

The Committee points out that under Article 6 of the Convention, the Government has the obligation to guarantee the grant of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of this Convention for the branch "family benefit" in respect of children who reside on the territory of any such Member, irrespective of the length of the residence abroad. In so far as the measures taken by the National Insurance Institute under the terms of section 104(b) of the National Insurance Act do not appear to be sufficient to ensure the full application of Article 6 of the Convention in all cases, and particularly when the child has never been resident in Israel, the Committee once again requests the Government to indicate the measures which have been taken or are envisaged to give better effect to the Convention on this point. In this respect, it once again hopes that the National Insurance Institute will be able to exercise the power conferred upon it under the terms of the above provision in respect of all children away from Israel for more than six months, for whatever reason, as well as those who have never been resident in Israel, when they are resident on the territory of a State which has accepted the obligations of the Convention for branch (i).

(The list of States which have accepted the obligations of the Convention, with an indication of the branches that they have accepted, is attached.)

[The Government is requested to provide a detailed report for the period ending 30 June 1993.]

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With reference to its previous comments, which it has been making for a number of years, the Committee notes that the Government's report only reproduces the text of the previous report (for the period 1983-86) with the addition of certain statistics for the year 1989.

The Committee is therefore bound to insist that the Government's next report contains full and detailed information on the points that it is raising once again in a request addressed directly to the Government.

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

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Article 5, paragraph 1, of the Convention - branches (e) (old-age benefit), (f) (survivors' benefit), (g) (employment injury benefit). With reference to its previous comments on section 146 of the National Insurance Act, which provides for the suspension of the pension if the beneficiary resides abroad for longer than six months, the Committee has taken note of the information supplied by the Government in its report; it notes in particular the information provided on the number of recipients of old-age, survivors' and employment injury benefits residing abroad. The Committee would nevertheless ask again the Government to take the necessary steps to amend the legislation so that pensions can be paid to the beneficiary irrespective of the duration of his residence abroad. It would also request the Government, in future reports, to continue to notify any possible cases of application of the above-mentioned provision.

Article 5, paragraph 1 (death grants). The Committee notes the Government's indication that no data are available relating specifically to death grants; however, the Government pays a death grant to the survivor of every recipient of an old-age pension residing abroad. The provision of benefits is ensured by bilateral agreements or instructions in respect of the various insurance branches. The provision of such benefits is not made subject to the participation of Members in schemes.

The Committee requests the Government to indicate whether the death grant is payable in the case of burial abroad of a pensioned person resident abroad. If this is not the case, the Committee hopes that the Government will take the necessary measures to ensure the implementation of this provision of the Convention.

Article 6. The Committee notes the Government's indication that the National Insurance Institute exercises the power conferred upon it by paragraph (b) of section 104 of the National Insurance Law, to consider a child as being in Israel even if he has been away from Israel for a period exceeding six months in the following cases: (1) if the child is residing outside Israel for health reasons, or accompanies his parents or brothers outside Israel for health reasons; (2) if the child is accompanying a parent employed outside Israel by an Israeli employer; (3) if the child is accompanying a parent on a Sabbatical in certain instances. Each year there are thousands of such children who have been away from Israel for a period exceeding six months and who continue to receive children's allowance.

The Committee takes note of this information; it hopes that the National Insurance Institute will be able to exercise the power conferred upon it so as to extend the application of such provision to all children away from Israel for more than six months so as to ensure the full application of Article 6 of the Convention.