Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

1.  Article 5 of the Convention (branch (e)) (old-age benefit).  Referring to its observation, the Committee notes the Government’s statement concerning the non-exportability of the social allowance ("assegno sociale") provided for in section 3, paragraph 6, of the Act of 8 August 1995. The Committee notes, in this respect, that this benefit falls within the scope of EEC Regulation No. 1408/71, but has been included in Annex II(a) as a special non-contributory benefit. It recalls, however, that as far as Convention No. 118 is concerned, payment of this type of benefit in the event of residence abroad may be made subject, under Article 5, paragraph 2, to the participation of the Members concerned in schemes for the maintenance of rights, as provided for in Article 7 of the Convention. The Committee therefore expresses the hope that the Government will provide information on any new developments in this respect in its future reports.

2.  Article 6 of the Convention (branch (i)) (family benefits).  In its previous comments, the Committee noted that under the terms of the Legislative Decree of 13 March 1988, as amended, and in particular its section 6bis, family allowances are payable to a foreign worker employed in Italy for dependants living abroad, if the State of which he or she is a national has a reciprocal system for Italian nationals, as well as in the cases provided for by an international convention on family assistance. In its previous report, the Government stated that a number of social security agreements covering family allowances had been concluded with Argentina, Brazil, Cape Verde, Liechtenstein, San Marino, Switzerland, Tunisia and Uruguay. It also referred to EEC Regulations Nos. 1408/71 and 574/72. New agreements are, according to the Government’s last report, being negotiated with Senegal, Morocco, Poland, Romania, Slovakia, Slovenia and Croatia (countries which however are not bound by Convention No. 118).

As regards nationals of countries which have not concluded with Italy an international convention or a bilateral agreement covering family benefit, it was decided, according to the information previously supplied by the Government, that applicability of the reciprocity principle to such countries would be established on a case-by-case basis, each time a request for family benefit is submitted by a foreign national with respect to his family members residing abroad.

The Committee recalls that, under Article 6 of the Convention, the Government shall guarantee the grant of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for that branch (at present Bolivia, Cape Verde, Central African Republic, France, Guinea, Ireland, Israel, Libyan Arab Jamahiriya, Mauritania, Netherlands, Norway, Philippines, Tunisia and Uruguay) in respect of children who reside on the territory of any such Member.

In these circumstances, the Committee once again expresses the hope that, in regard to the nationals of member States which have accepted the obligations of the Convention for branch (i), but who are not covered by a bilateral agreement concluded with Italy or by EEC Regulations, the necessary measures will be taken by the Government to ensure that such nationals would be automatically regarded as covered by a reciprocal system when their applications for family allowances in respect of children who reside abroad are examined, in accordance with Article 6 of the Convention. It also hopes that the Government will be able to draw up instructions or circulars to that effect for the attention of the competent social security institutions responsible for examining the applications of the persons concerned for family allowances.

Articles 7 and 8.  The Committee would like the Government to continue to supply information on any future bilateral agreements concluded or negotiated with countries which have ratified the Convention in respect of branch (i) and, in particular, with countries whose nationals work in Italy.

Finally, the Committee would be grateful if the Government would supply statistics on the number, by nationality, of foreign workers employed in Italy.