Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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 refers to its previous comments which it has been making for a number of years and in which it pointed out 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, which deprive a beneficiary, when residing abroad, of his right to ask for his benefit to be paid directly to him at his place of residence, are contrary to the provisions of Article 5 of the Convention. The Committee would like again to point out that under this provision of the Convention, Barbados, which has accepted the obligations for branch (e) (old-age benefit), branch (f) (survivors’ benefit), and branch (g) (employment injury benefit), among others, must guarantee both to its own nationals and to the nationals of any other Member that has accepted the obligations of the Convention in respect of the branch in question, when they are resident abroad, direct payment of the benefit to which they are entitled under such branch.

In its report, the Government maintains its position that it will for the time being continue to progressively implement the provisions of Article 5 by way of reciprocal arrangements, which it has currently in place with Canada, Quebec, the United Kingdom, and CARICOM countries. The Government states however that it will take the necessary steps in the very near future to comply fully with this Article of the Convention. The Committee takes note of this statement. It recalls that under this Article of the Convention the payment of long-term benefits (other than those of the type referred to in paragraph 6(a) of Article 2) shall be guaranteed as of right to beneficiaries resident abroad, even in the absence of a bilateral or multilateral agreement. Therefore, the Committee hopes that, in accordance with the assurances given, the Government will not fail to include in the near future in the legislation a provision ensuring direct payment of old-age, survivors’ and employment injury benefits to all entitled beneficiaries at their place of residence.

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