Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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 of 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. The Committee would like to point out that 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 of the Convention 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 maintains its position that it will for the time being continue to progressively implement the provisions of Article 5 by way of reciprocal arrangements. In this situation, the Committee cannot but once again draw the Government's attention to the fact 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) shall be guaranteed as of right to beneficiaries resident abroad, even in the absence of a bilateral or multilateral agreement. Therefore, the Committee hopes that the Government will reconsider its position and 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 Government is asked to report in detail in 1999.]