Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

See under Convention No. 35, as follows:

Article 12, paragraph 3, of the Convention. The Committee notes with interest that section 42 of Act No. 98-349 of 11 May 1998 respecting the entry and residence of foreigners in France and the right of asylum has provided for the insertion in the Social Security Code of section L.816-1 by virtue of which Chapter I of Book Eight of the Social Security Code, establishing in particular the supplementary allowance of the National Solidarity Fund (FNS), is applicable to persons of foreign nationality who are in possession of a resident's permit or other documents justifying their lawful residence in France, notwithstanding any provision to the contrary. The Committee also notes that, according to the information provided by the Government, section 42 of the above Act repeals any condition of nationality for the granting of non-contributory benefits (benefits for disabled adults, supplementary old-age pensions, special old-age pensions) to foreigners who reside in France on a regular and permanent basis. Consequently, the Committee is given to understand that section L.815-5 of the Social Security Code, under which supplementary benefits are only due to foreigners on condition of the conclusion of reciprocal international agreements, has been repealed. The Committee would be grateful if the Government would confirm in its next report whether this is the case and, should this not be the case, to provide information on the manner in which section L.815-5 of the Social Security Code would continue to be applied.

Moreover, the Committee would be grateful if the Government would provide a detailed list of the residents' permits or documents which justify the lawful residence in France of foreign nationals referred to under section L.816-1 of the Social Security Code.