Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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.]