Observation (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

Articles 3, 5 and 10, paragraph 1, of the Convention, branch (e) (old-age benefit). Further to its previous comments, the Committee notes from the Government's report that the social allowance ("assegno sociale") provided in section 3, paragraph 6, of the Law of 8 August 1995, which has replaced the social pension, is a means tested benefit paid only to Italian citizens over 65 years of age residing in Italy. Recalling the importance of the principle of equality of treatment as provided for in the aforementioned Articles of the Convention, the Committee hopes that the Government's next report will indicate what measures have been taken or are contemplated:

(a) to grant the right to this benefit, in accordance with Articles 3 and 10, paragraph 1, of the Convention, to the nationals of the other member States for which the Convention is in force in this respect of this branch and to refugees and stateless persons (without prejudice, as the case may be, to the Government's option to have recourse to Article 4, paragraph 2(c), of the Convention);

(b) to ensure the payment of "social allowance", in case of residence abroad, both to Italian nationals and to nationals of any other member State which has accepted the obligations of the Convention for branch (e) as well as to refugees and stateless persons (without prejudice to the Government's option to have recourse to Article 5, paragraph 2, so as to subject the payment of this benefit to participation of the Members concerned in schemes for the maintenance of rights, as provided for in Article 7 of the Convention).

[The Government is asked to report in detail in 1999.]