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

Social Security (Minimum Standards) Convention, 1952 (No. 102) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1954)

With reference to its observation, the Committee trusts that the Government's next report will contain full information on the issues raised in its previous direct request, as well as on the following additional points.

Part III (Sickness benefit) of the Convention. Referring to the employers' obligation to pay statutory sick pay to their employees for a period of sickness lasting up to 28 weeks, the Government indicates in its twenty-ninth report on the application of the European Code of Social Security that, from 6 April 1997, employers who pay wages or occupational sick pay to their employees at or above the statutory sick pay rate, are free to decide whether or not to operate the statutory sick pay scheme. This arrangement simplifies employers' administration by eliminating the need to keep two sets of sickness records. At the same time employees' rights to sick pay are protected because the employer has to pay statutory sick pay if his own arrangements are not sufficient. The Committee notes this information. It would like the Government to provide information on the implementation of these measures in practice, including statistics on the number of employers who have thus ceased to operate the statutory sick pay scheme.

Part XII (Equality of treatment of non-national residents), Article 68. The Committee notes, from the Government's report on the Code, that, from October 1996, general entitlement to child benefit has been removed for persons coming from abroad who are subject to immigration control. According to the report, this restriction does not apply to nationals (and their families) of State Contracting Parties to the Agreement on the European Economic Area; workers (and their families) who are nationals of a State with which the Community has concluded an agreement under Article 238 of the Treaty establishing the European Community; refugees recognized under Article 1 of the Geneva Convention relating to the Status of Refugees; or to those who have been granted settled status or given leave to enter or remain in the United Kingdom. Persons from abroad who would be affected by these new rules but who are already receiving child benefit can continue to receive the benefit until their claim is reviewed. The Committee would like the Government to identify and supply the relevant legislative provisions introducing these rules as well as the categories of foreign nationals legally residing in the country that would be affected by them in the light of this Article of the Convention.

[The Government is asked to report in detail in 1998.]