Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

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

The Committee notes the information, including statistics, supplied by the Government in its report. It would like to draw the Government's attention to the following points. Article 5, paragraph 1, of the Convention, branch (e) (old-age benefit), branch (f) (survivors' benefit) and branch (g) (employment injury benefit) in relation with Article 10 of the Convention. In its previous comments, the Committee drew the Government's attention to the need to lift, as far as above-mentioned benefits are concerned, the restriction of section 146 of the National Insurance Act concerning the suspension of pensions in case of persons residing abroad for more than six months. It recalls that under the Convention, benefit should be paid abroad to Israeli nationals, the nationals of any other country which has accepted the obligations of the Convention in respect of the branches in question, as well as to refugees and stateless persons, without condition of residency. In its reply, the Government explains that section 190 of the National Insurance Act entitles the competent Minister to make regulations for the implementation of agreements between Israel and foreign States and that a multilateral convention relating to national insurance to which Israel has acceded shall be regarded as an agreement within the meaning of said section 190. For employment injury benefits (branch (g)) in particular, the Government states that such benefits are paid to residents abroad in accordance with the provisions of the Convention. Therefore, it intends to enact regulations to codify the practice, and preliminary steps are already under way. The Committee notes this information with interest and hopes that the necessary steps will be taken in the near future to promulgate regulations to guarantee the provision of employment injury benefits in case of residence abroad as provided for by Articles 5 and 10 of the Convention. Regarding old-age (branch (e)) and survivors' (branch (f)) benefits, the Government explains that negotiations are required with other countries which have ratified Convention No. 118 respecting such branches, and that bilateral agreements currently exist with nine countries. The Government adds, though, that all persons who meet the conditions of entitlement to an old-age or survivors' benefit will receive their benefit in the country of residence even if no bilateral agreement exists. The Committee notes this information. It recalls that the payment of these benefits must be effected as of right and without restriction including residency restrictions, even in the absence of a bilateral agreement. The Committee hopes therefore that the regulations which the Government intends to adopt will also cover the payment of old-age and survivors' benefits in case of residence abroad as provided for by these provisions of the Convention. Article 5(1) (death grants). In response to the Committee's previous comments, the Government states that survivors receive a death grant even when the deceased was buried outside of Israel. The Committee notes this information. It would appreciate receiving a copy of the English translation of the legal provisions (such as statutes, regulations, and ministerial directives) guaranteeing this practice. Article 6. In its previous comments the Committee recalled 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 the Convention for branch (i) (family benefit) in respect of children who reside in the territory of any such member, irrespective of the length of the residence abroad. In its reply, the Government states that the Insurance Institute may regard a child as being in Israel even if it has left Israel for a period exceeding six months. The Committee notes this information with interest. In view of the fact that, according to previous information, the Insurance Institute may exercise this power under limited circumstances only, pursuant to section 104(b) of the National Insurance Act, the Committee hopes that the Government will be able to take the necessary measures to codify this practice.