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Social Security (Minimum Standards) Convention, 1952 (No. 102) - Isle of Man

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Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report and the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th session (June 2020).

Part III (Sickness benefit), Article 16, Part IV (Unemployment benefit), Article 22, Part X (Survivors’ benefit), Article 62, in conjunction with Part XI (Standards to be complied with by periodical payments), Articles 66 or 67 and the Schedule to the Convention. Replacement rates of sickness benefit, unemployment benefit, and survivors’ benefit. The Committee notes from the information provided by the Government in its report, and from the supplementary information provided, that the replacement rates of the contribution-based sickness benefit (43.1 per cent), unemployment benefit (17.75 per cent), and survivors’ benefit (35.04 per cent) calculated according to Article 66 of the Convention fall below its requirements. The Committee recalls that the Schedule to the Convention requires the replacement rates be at least 45 per cent for sickness and unemployment benefits and 40 per cent for survivors’ benefit. The Committee however notes from the Government’s indications that a means-tested Income Support and the Income-based Jobseeker’s Allowance can be also provided in case of sickness, survivorship or unemployment. The Committee draws the Government’s attention to the possibility of providing statistical data on the replacement rates of the Income Support and the Income-based Jobseeker’s Allowance according to Titles I-V of Article 67 of the report form for the Convention. Recalling that the replacement rates of benefits, in accordance with the Convention, shall be at least 45 per cent for sickness and unemployment benefits and 40 per cent for survivors’ benefit, the Committee requests the Government to provide the above-mentioned information with a view to assessing whether the requirements of Article 67 of the Convention are met.

Part V (Old-Age benefit), Article 26. Pensionable age. The Government indicates that a new State Pension has been introduced for people who reach state pension age after 6 April 2019. The Committee observes from the information available on the official Isle of Man Government’s website (Social Security Division) that state pension age will have been gradually increased from age 65 to 66 by October 2020, 67 by April 2028, and to 68 by April 2046. The Committee recalls that as required by Article 26 of the Convention, a pensionable age of higher than 65 may be fixed by the competent authority with due regard to the working ability of older persons in the country. The Committee therefore requests the Government to provide information on the working ability of older persons, including, for example, data on the healthy life expectancy (HLE), disability free life expectancy (DFLE), and employment rate among persons older than 65 years in the Isle of Man.

Part XI (Standards to be complied with by periodical payments), Article 66. Reference wage of the standard beneficiary. The Committee notes the information provided by the Government in reply to its previous request concerning the methodology used for determining the reference wage.

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

Article 66 of the Convention. Reference wage of the standard beneficiary. With reference to its previous comments, the Committee notes that for calculating the replacement rate of the benefits, the Government uses the reference wage of an ordinary adult male labourer which corresponds to the average wage of the ordinary adult general labourer in the Isle of Man, i.e. £343.85 for an average 37 hours week (as from 2009). The Committee also notes that according to the 2011 Isle of Man Treasury’s annual Earnings Survey, the average wage of adult male manual workers was £484.85 for an average week of 37.8 hours. In view of the big difference between these amounts, the Committee would be grateful if the Government would specify the methodology used for determining the reference wage in the light of the provisions of Article 66(4) and (5) of the Convention.

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

The Committee took note of the detailed report of the Government provided in 2006 together with the reply to the Committee’s previous direct request.

Part IV (Unemployment benefit). With regard to persons protected under Article 21 of the Convention, the report refers to two schemes: contribution-based jobseeker’s allowance (JSA), which covers employees, and income support, including income-based JSA, which covers residents whose means during the contingency do not exceed prescribed limits. The Committee notes that the replacement rate of the income-based JSA for the standard beneficiary may attain 94.6 per cent, while the rate of the contribution-based JSA only 28.2 per cent of the wage of an ordinary adult male labourer, well below the minimum replacement level of 45 per cent established by the Convention. The Committee further notes that the provisions in the Isle of Man concerning JSA are the same as in the United Kingdom, where the replacement rate of the contribution-based JSA represented in 2006 only 27.13 per cent. The Committee is concerned over the fact that the rate of the contribution-based JSA since its introduction in 1996 was consistently kept lower than the minimum standard of the Convention established as far back as 1952. It finds such a situation where persons entitled to contribution-based benefits receive benefits so low that they would be better off on social assistance in defiance of the basic logic and principles of social insurance. As the contribution-based JSA does not ensure the level of protection required by Part IV of the Convention, the Government is asked to state in its next report whether it intends to comply with its obligations under Part IV through the Income support scheme alone.

Part VII (Family benefit), Article 44 (total value of benefits). In addition to the detailed information on the amounts of family benefits paid out in 2005 found in the report, the Committee once again asks the Government to indicate also the total number of children of all residents in the Isle of Man, without which it is still unable to calculate the total value of family benefits under this Article of the Convention.

Part X (Survivors’ benefit), Article 62(a) (level of benefit). The Committee notes that the calculations made in the report compare the benefit composed of the weekly payment to a widowed person (£82.05 personal benefit) plus child benefit for two children (£39.00) with the standard wage (£298.06) without child benefit. Recalculated in relation to the standard wage plus child benefit for two children, the replacement rate for the standard beneficiary would attain only 35.9 per cent, which is below the minimum level of 40 per cent prescribed by the Convention. The Committee would like the Government to indicate what measures it intends to take in order to attain the minimum level of the survivors’ benefit fixed by the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee took note of the detailed report of the Government provided in 2001 and would like it to supply additional information on the following points:

Part IV (Unemployment benefit), Article 22 (in relation to Articles 66 and 67). The Government indicates that from October 1996 the Isle of Man introduced, as in the United Kingdom, a new scheme entitled Jobseeker’s Allowance (JSA), which replaced Unemployment Benefit and Supplementary Benefit for the unemployed. In 2000, the standard rate of JSA amounted to £53.05 a week, which represented 24.19% of the average wage of the ordinary adult general labourer determined under Article 66 of the Convention (£219.30 for a 37 hour week from 1 September 2000). The Committee notes that this rate of JSA falls short of the minimum replacement level of unemployment benefit of 45% established by the Convention. It understands however that these data referrers to the contribution-based JSA, while in the United Kingdom the great majority of claimants of unemployment benefit receive the income-based JSA, the level of which is far greater than the replacement level established by the Convention. In order to better appraise the situation, the Committee would like the Government to supply the information on the amount of the income-based JSA and on the proportionate number of persons receiving the income-based JSA and the contribution-based JSA. As regards the income-based JSA, please supply also the information requested under Article 76, Title IV, of the report form for the Convention.

Part V (Old-age benefit). According to the Government’s report, the standard weekly rate of benefit payable to a married couple attains 52.85 per cent of the average wage of an ordinary adult general labourer taken as a reference wage under Article 66 of the Convention. The conditions for the payment of the benefit are the same as in Great Britain. The Committee recalls in this respect that in the United Kingdom a full pension is payable to a beneficiary who has completed 44 (for men) and 39 (for women) qualifying years, and that for the purpose of the Convention the Government calculates in its latest report a pro-rated pension which is achieved after 30 qualifying years. The Committee would be glad if, in its next report, the Government of the Isle of Man will also provide statistics on the amount of the old-age benefit for a standard beneficiary who has completed a qualifying period of 30 years of contribution or employment, as required by Article 29, paragraph 1(a), of the Convention.

Part VII (Family benefit). The Committee would be glad if, in its next report, in addition to up-dated statistics on the total amount of cash benefit provided under the Child Benefit scheme, the Government will not fail to indicate also the total number of children of all persons protected, as required in the report form under Article 44 of the Convention. As regards, the amount of Income Support paid in cash for the needs of children, as well as the total value of child benefits in kind, which cannot be readily computed, the Committee would appreciate receiving the best estimate figures.