Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Israel (Ratification: 1965)

Article 5 of the Convention. Payment of benefits abroad. (a) In its previous direct request the Committee asked the Government whether the person receiving an old-age, survivors’ or employment injury pension in Israel would continue to receive it abroad if he/she moves his/her residence to another country. In reply, the Government stated that this depends on the type of benefit and the country of residence. Regarding all the benefits covered by Convention No. 118, if the person concerned moves to a country with which Israel has signed a bilateral social security convention, the person will continue to receive the benefit in that other country for an unlimited time. The Committee recalls, in this respect, that, as previously stated by the Government, according to section 374(b) of the National Insurance Law (1995 version), a multinational convention to which Israel is signatory, such as Convention No. 118, shall be considered as a bilateral convention between Israel and each one of the other signatory countries on condition that the other country does not discriminate against Israeli citizens regarding the insurance branches in question. The Committee would, therefore, like the Government to specify whether, as a general rule, Israel would continue to pay benefits covered by Article 5 of Convention No. 118 to the nationals of the countries which have also accepted the corresponding branches of the Convention, but with which Israel has not signed a separate bilateral social security agreement, in case they establish their new residence outside Israel in whatever country this may be. If this practice is not yet generalized, the Committee wishes to remind the Government of its intention expressed already in the report of 1994 to make use for this purpose of section 190 of the National Insurance Act which entitles the competent minister to make regulations for the implementation of agreements between Israel and foreign States. Such regulations should equally apply also to Israeli nationals and to refugees and stateless persons in case of their residence abroad.

(b) In its previous direct request the Committee asked the Government whether the survivors of the deceased Israeli breadwinner who are residing abroad could apply for the survivors’ benefit without having to come or to move their residence to Israel. In reply, the Government stated that they may apply for the survivors’ benefit when abroad, but will be eligible for the benefit only if they are considered Israeli residents. The Committee wishes to point out that Article 5(1) of the Convention obliges the Government to pay survivors’ benefits to the nationals of any other country which has accepted the obligations of the Convention in respect of branch (f) (survivors’ benefit), when they are resident abroad and are not Israeli residents. The Committee would therefore ask the Government to consider introducing practical and legal arrangements in order to give effect to the Convention on this point.

Article 6 of the Convention obliges Israel to guarantee the grant of family allowances both to its own nationals and to the nationals of any other country which has accepted the obligations of the Convention for branch (i) (family benefit) in respect of children who reside outside Israel in the territory of any such country, under conditions to be agreed upon by the countries concerned. The report states that, as a rule, family benefits may be paid abroad in respect of children residing outside Israel for up to six months. Please indicate whether family benefits are paid to Israeli residents (nationals and foreigners) inside Israel in respect of their children who reside abroad and whether this question is regulated in bilateral social security conventions concluded by Israel with other countries.