Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee has examined the detailed report of the Government and notes with interest the adjustments to the basic amount of the various benefits and of the supplements to them. The Committee hopes that the Government will continue to provide such information.

The Committee has also examined the amendments to the National Insurance Act during the period covered by the report, and the regulations issued under this Act, and would like to point out the following:

Part IV (Survivors' benefit), Article 21, paragraphs 3(b) and 4, of the Convention. Under section 10-5, subsection 1 (second sentence), of the National Insurance Act, as amended in 1986, a surviving spouse who, at the time of death, is taking care of the deceased's children or adopted children (under 18 years of age) is only entitled to a pension if the length of the marriage and the period during which he or she had care of the children, after the death, constitute a period of at least five years. Since the above-mentioned provisions of the Convention make no requirement concerning length of marriage when the widow "is caring for a dependant child of the deceased" for her to be entitled to survivors' benefit, the Committee requests the Government to indicate the way in which it envisages to give effect to the Convention on this point. (The wording of section 10-5, subsection 1, of the above-mentioned Act prior to its amendment, complied fully with the terms of the Convention.)