Solicitud directa (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

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.]