Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2020, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret 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.

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.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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 Barbadan nationals, who are not covered by the CARICOM Agreement or bilateral agreements with Canada and the United Kingdom.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

In its previous comments, which it has been making for a number of years, the Committee 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. In its reply, the Government stated that approval has been given for direct payment of the benefits to the claimant in the country where he is currently residing, and that corresponding amendments of the National Insurance and Social Security Act have been approved by the Government to bring it in accordance with Article 5 of the Convention, and that the procedural steps have been taken to submit these amendments to Parliament for enactment. The Committee notes this information with interestand would like the Government to provide a copy of the new provisions as soon as they are adopted. It would also appreciate receiving statistical information on the number and nationality of the beneficiaries to whom benefits are transferred abroad.

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

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

In its previous comments, which it has been making for a number of years, the Committee 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. In its reply, the Government stated that approval has been given for direct payment of the benefits to the claimant in the country where he is currently residing, and that corresponding amendments of the National Insurance and Social Security Act have been approved by the Government to bring it in accordance with Article 5 of the Convention, and that the procedural steps have been taken to submit these amendments to Parliament for enactment. The Committee notes this information with interestand would like the Government to provide a copy of the new provisions as soon as they are adopted. It would also appreciate receiving statistical information on the number and nationality of the beneficiaries to whom benefits are transferred abroad.

[The Government is asked to reply in detail to the present comments in 2004.]

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.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee refers to its previous comments 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 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. In this situation, the Committee cannot but once again draw the Government's attention to the fact 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 the Government will reconsider its position and will take the necessary steps in the near future to include 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 Government is asked to report in detail in 1999.]

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 refers to its previous comments 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 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. 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 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 states that it will for the time being continue to progressively implement the provision of Article 5 by way of reciprocal arrangements. The Committee notes this information. However, the Committee points out 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) to entitled beneficiaries resident abroad shall be guaranteed as of right, even in the absence of a bilateral or multilateral agreement. Therefore, the Committee hopes that the Government will take the necessary steps in the near future to include 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 draws the Government's attention to the availability of technical assistance from the Office.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee refers to its previous comments 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 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. 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 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 states that it will for the time being continue to progressively implement the provision of Article 5 by way of reciprocal arrangements. The Committee notes this information. However, the Committee points out 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) to entitled beneficiaries resident abroad shall be guaranteed as of right, even in the absence of a bilateral or multilateral agreement. Therefore, the Committee hopes that the Government will take the necessary steps in the near future to include 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.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It also recalls that the Government's last report contained no information on the measures taken or under consideration to ensure the full application of the Convention as regards the following point on which the Committee has been commenting for a number of years:

Old-age and survivors' benefits and employment injury pensions. Article 49 (in conjunction with Article 48) of the National Insurance and Social Security (Benefits) Regulations 1967 and Article 25 of the Employment Injury (Benefits) Regulations 1970 provide that in the event of the beneficiary residing abroad these benefits shall be paid in Barbados to such representative acting for and on behalf of the person concerned as may be approved by the competent authority. This provision, which appears to deprive the beneficiary of the right to ask for his benefit to be paid to him directly at his place of residence abroad, is not compatible with Article 5 of the Convention, under which any State that, like Barbados, has accepted the obligations of the Convention for branches (e), (f) and (g), 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 or branches in question, when they are resident abroad, the provision of old-age benefits, survivors' benefits and employment injury pensions.

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

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report contains no information on the measures taken or under consideration to ensure the full application of the Convention as regards the following point which the Committee has been raising for a number of years in its previous comments:

Old-age and survivors' benefits and employment injury pensions. Article 49 (in conjunction with Article 48) of the National Insurance and Social Security (Benefits) Regulations 1967 and Article 25 of the Employment Injury (Benefits) Regulations 1970 provide that in the event of the beneficiary residing abroad these benefits shall be paid in Barbados to such representative acting for and on behalf of the person concerned as may be approved by the competent authority. This provision, which appears to deprive the beneficiary of the right to ask for his benefit to be paid to him directly at his place of residence abroad, is not compatible with Article 5 of the Convention, under which any State that, like Barbados, has accepted the obligations of the Convention for branches (e), (f) and (g), 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 or branches in question, when they are resident abroad, the provision of old-age benefits, survivors' benefits and employment injury pensions.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes from the Government's report that due consideration will be given to the Committee's previous comments. It hopes that the Government will shortly take measures to bring its legislation into conformity with the Convention on the following point:

Old-age and survivors' benefits and employment injury pensions. Article 49 (in conjunction with Article 48) of the National Insurance and Social Security (Benefits) Regulations 1967 and Article 25 of the Employment Injury (Benefits) Regulations 1970 provide that in the event of the beneficiary residing abroad these benefits shall be paid in Barbados to such representative acting for and on behalf of the person concerned as may be approved by the competent authority. This provision, which appears to deprive the beneficiary of the right to ask for his benefit to be paid to him directly at his place of residence abroad, is not compatible with Article 5 of the Convention, under which any State that, like Barbados, has accepted the obligations of the Convention for branches (e), (f) and (g), 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 or branches in question, when they are resident abroad, the provision of old-age benefits, survivors' benefits and employment injury pensions.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee notes from the Government's report that due consideration will be given to the Committee's previous comments. It hopes that the Government will shortly take measures to bring its legislation into conformity with the Convention on the following point:

Old-age and survivors' benefits and employment injury pensions. Article 49 (in conjunction with Article 48) of the National Insurance and Social Security (Benefits) Regulations 1967 and Article 25 of the Employment Injury (Benefits) Regulations 1970 provide that in the event of the beneficiary residing abroad these benefits shall be paid in Barbados to such representative acting for and on behalf of the person concerned as may be approved by the competent authority. This provision, which appears to deprive the beneficiary of the right to ask for his benefit to be paid to him directly at his place of residence abroad, is not compatible with Article 5 of the Convention, under which any State that, like Barbados, has accepted the obligations of the Convention for branches (e), (f) and (g), 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 or branches in question, when they are resident abroad, the provision of old-age benefits, survivors' benefits and employment injury pensions.