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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

With reference to its previous observations, the Committee recalls 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 deprive a beneficiary residing abroad of the right to ask for the benefit to be paid directly to him at his place of residence, which is contrary to the provisions of Article 5 of the Convention. In its previous report of 2002, the Government stated that approval has been given for direct payment of the benefits in the country where the claimant is currently residing, that corresponding amendments of the National Insurance and Social Security Act were approved by the Government to bring it in accordance with Article 5 of the Convention, and that the procedural steps were taken to submit these amendments to Parliament for enactment. In its latest report, received in June 2005, the Government indicates that a draft bill has been prepared for benefits to be paid to persons residing abroad and that a copy of the new provisions will be forwarded to the ILO as soon as they are adopted by Parliament. In addition, the report provides detailed statistics on the number and nationality of the beneficiaries to whom benefits are transferred abroad under the CARICOM Agreement on Social Security 1996 and the bilateral agreements with Canada and the United Kingdom. It also contains comments of the Congress of Trade Unions and Staff Associations of Barbados, which sees no reason why the Government of Barbados should not apply this Convention, particularly in view of the fact that Barbados is also bound by the CARICOM Agreement on Social Security 1996, which provides for equality of treatment for residents.

The Committee notes this information. It recalls that, in granting equality of treatment for residents of the contracting parties under their social security legislation, the CARICOM Agreement ensures protection and maintenance of the rights of beneficiaries “notwithstanding changes of residence among their respective territories – principles which underlie several of the Conventions of the International Labour Organization”. The Committee wishes to recall in this respect that, in accordance with the principle of the maintenance of rights through the provision of benefits abroad, as established by Convention No. 118, Barbados shall guarantee direct payment of the benefits to all entitled beneficiaries at their place of residence, irrespective of the country in which they reside and even in the absence of a bilateral or multilateral agreement to that effect. It therefore trusts that the Government will make every effort to ensure that the bill is adopted in the very near future so as to ensure direct payment at their place of residence abroad of old-age, survivors’ and employment injury benefits, both to its own nationals and to nationals of any other Member that has accepted the obligations of the Convention in respect of these branches. The Committee hopes that the Government’s next report will contain a copy of the new provisions together with detailed statistics on the transfer of benefits abroad to beneficiaries, including Barbadian nationals, who are not covered by the CARICOM Agreement or bilateral agreements with Canada and the United Kingdom.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.