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

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Italy (Ratification: 1956)

Part VII (Family benefit), Article 44 of the Convention. The Committee notes that the Government’s report does not indicate the total value of benefits paid to families, calculated in accordance with Article 44 of the Convention. According to the twenty-first report on the European Code of Social Security, the total value of family benefits paid in 2005 for children under 18 or without any age limit in cases of total and permanent disability (estimated at 2.830 billion euros (€)) represented 1.77 per cent of the reference wage of an ordinary adult male labourer (€15,991.36) multiplied by the total number of children of all residents (9,979,005). According to the twenty-second report and the supplementary information supplied in March 2007, the total value of family benefits paid in 2006 for children under 18 or without any age limit in cases of total and permanent disability increased to €3.4 billion, i.e. 4.76 per cent of the reference wage (€16,209.76) multiplied by the total number of children of all residents (10,041,741). The amount of €3.4 billion was calculated on the basis of an overall amount of €4,727,073,921 representing the total amount of benefits paid in 2006 to families with or without children, the estimated figure resulting from the family benefit reform provided for in the 2007 Finance Act. The Committee recalls in this respect that, under Article 44(b) read in conjunction with Article 1, paragraph 1(e), of the Convention, the total value of family benefits must be calculated for children either under school-leaving age or under 15 years of age, as may be prescribed. It would therefore be grateful if the Government would include in the calculation of the total value of family benefits only the benefits paid for the maintenance of all children under 18 years of age and not those paid for older children and to families without children. The Committee notes that the Government does not have statistics which are broken down in this way and that the latter will necessarily be estimated. It asks the Government to explain how this estimate will be made in view of the changes made under the 2007 Finance Act to the family benefit system. Please also send copies of any other statistical or sociological studies showing how the Italian family benefit system offsets expenditure on child maintenance for the various categories of protected persons.

Part VIII (Maternity benefit), Article 49, paragraphs 2 and 3. The twenty‑second report on the application of the European Code of Social Security indicates that the Italian national health service (SSN) is mostly funded by tax revenue and also possibly – but to a much lesser extent and subject to independent decisions by the autonomous regions and provinces – through the sharing of costs by the insured person (the “ticket” system). The “ticket” certainly cannot be regarded as obstructing access to health services because of the low amounts and exemptions from paying for the “ticket” for certain categories of persons. The aim of the “ticket” is not so much financial as to make the person concerned more aware of the economic cost of providing the benefit. The report also states that the purchase of a “ticket” can be required for certain health benefits in cases of pregnancy and confinement, such as prenatal counselling and screening, targeted hematochemical tests for each trimester of pregnancy, hospitalization with medical and paramedical assistance in gynaecology and obstetrics, and postnatal care monitored by hospital neonatologists. As regards medical care in cases of pregnancy, confinement and the postnatal period, the Committee asks the Government to indicate which autonomous regions and provinces have introduced the “ticket” system, for what amount and for which type of care. It draws the Government’s attention to the fact that section 49(2) of the Convention advocates free medical care when it is provided on medical opinion and does not authorize any sharing of costs by insured persons.

Administration and organization of social security. Among the legislative changes made by Act No. 296 of 27 December 2006 (2007 Finance Act), the twenty‑second report of the Government highlights the measures for keeping a balance in the social security system between income from contributions and expenditure on welfare benefits and for stepping up measures against evasion and fraud, namely:

–      Increasing income and boosting activity for the recovery of contributions through inspections and agreements with banks and occupational associations.

–      Stepping up the fight against unauthorized work and evasion regarding contributions through the widespread use by inspectors of new computerized procedures for detecting and monitoring high-risk situations via the preparation of information from composite databases. The National Social Security Institute (INPS) signed an agreement in 2007 with the Ministry of the Interior with a view to simplifying procedures for the issue and renewal of residence permits for immigrants via the exchange of information on the employment situation of foreign citizens. The cross-checking of data will also make it possible to identify links between immigration and unauthorized work, facilitating action aimed at ensuring greater compliance with regulations on social insurance and contributions.

–      Introduction of the principle of regulated contributions for access to benefits as stipulated by the provisions of social security and labour legislation. This major innovation allows the INPS to have an effective means of reorganizing the administrative process for the recovery of contributions.

–      With a view to fighting evasion in contributions and undue receipt of benefits, even for agricultural enterprises, the possibility of denouncing an employer under criminal law for failure to pay deductions related to social security and assistance has been introduced.

The Committee would be grateful if the Government would include more detailed information in its next report on the practical application of these various measures, including on the number of inspections conducted, violations reported and the nature of penalties imposed. The Committee would like to reiterate in this context that although the stepping up of the fight against evasion and fraud in social security appears a necessary and logical measure for maintaining the financial balance of the system, any measure which results in the withdrawal or suspension of benefits guaranteed by the Convention for protected persons must be exercised within the limits prescribed by section 69 and in compliance with the principles of proportionality and equal treatment for non-nationals.