Observación (CEACR) - Adopción: 2002, Publicación: 91ª reunión CIT (2003)

Article 3, paragraph 1, of the Convention, branch (d) (Invalidity benefit). The Committee notes with satisfaction that, according to the information and legislation provided by the Government, following the adoption of sections L.816-1 and L.821-9 of the Social Security Code (section 42 of Act No. 98-349 of 1998), entitlement to the supplementary allowance of the National Solidarity Fund (FNS) and the allowance for disabled adults is now available to persons of foreign nationality possessing one of the residence permits or other documents regularizing their stay in France, notwithstanding the provisions of sections L.815-5 and L.821-1 of the Social Security Code, which subject this entitlement to the conclusion of reciprocity agreements. The Committee also notes with interest the list of the abovementioned residence permits and other documents provided by the Government (sections D.816-3 and D.821-8, read in conjunction with section D.115-1).

Article 4, paragraph 1, branch (d) (Invalidity benefit) and branch (f) (Survivors’ benefit). 1. With reference to its previous comments, the Committee notes with satisfaction that section L.311-7 of the Social Security Code (section 41 of Act No. 98-349 of 1998) has abolished the requirement of residence in France for foreign workers and their dependants for the provision of old-age insurance benefits including, according to the information provided by the Government, survivors’ pensions, in accordance with Article 4, paragraph 1, of the Convention (branch (f)).

2. With regard to invalidity benefit, the Committee notes, from the information contained in the Government’s report, that residence requirements continue to be imposed on foreign workers; however, in the event of the subsequent transfer of the beneficiary’s residence to a State not bound to France by an agreement, the invalidity pension is not suspended if the beneficiary can be supervised at the medical and administrative levels. The Committee recalls that, under the terms of Article 4, paragraph 1, of the Convention, equality of treatment as regards the grant of benefits shall be accorded without any condition of residence. The Committee therefore hopes that the Government will be able to re-examine the issue and take the necessary measures to ensure the application of this provision of the Convention with regard to branch (d) (Invalidity benefit) in both law and practice in all cases in which the insured person was entitled to the benefit of the social security system in France and fulfilled the general conditions for entitlement to invalidity benefit at the time of the contingency.

Furthermore, the Committee requests the Government to provide detailed information on the conditions under which supervision of the beneficiary of an invalidity pension is carried out in the absence of mutual administrative arrangements with the beneficiary’s country of residence. Please also provide statistics on the number of cases in which the provision of invalidity pensions abroad has been refused on the ground that it is impossible to supervise the beneficiary.