Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Denmark (Ratification: 1969)

Other comments on C118

Direct Request

2017
2012
2011
2007
2004

Replies received to the issues raised in a direct request which do not give rise to further comments

2023

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Article 4 of the Convention. Condition of residence. With reference to its direct request of 2012, the Committee recalls that Denmark has accepted the obligations of the Convention for the following branches: medical care, sickness benefit, unemployment benefit and employment injury benefit. The Government report received in 2016 states that there are no preconditions as to residence or stay in Denmark for granting of employment injury benefits which are paid worldwide. However, with regard to medical care, the right to benefits under the Danish Health Act arises out of registered residence in Denmark, and with regard to the sickness benefit, the main condition is that the person concerned has legal residence and income taxed in Denmark. As concerns the claimants of the unemployment benefit, they must be available for the Danish labour market. The report states that these conditions of legal and registered residence are equally applicable to Danish citizens and to foreigners and that the Government has no plans on amending the national legislation with a view to eliminating the residency condition concerning the sickness benefit and the unemployment benefit. It states, however, that the Convention is part of Danish legislation. This means that nationals of countries party to the Convention, who work in Denmark and reside abroad, can claim their rights according to the Convention. The Committee requests the Government to confirm for the international record that the condition of residence imposed by the Danish legislation for granting medical care, sickness benefit and unemployment benefit is not to be applied to nationals of countries party to Convention No. 118, which overrides the corresponding provisions of the national legislation. The Committee requests the Government to supply proof that the social security institutions providing these benefits were officially informed about the legal obligations of Denmark vis-à-vis the claimants from these countries.