Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Barbados (Ratification: 1974)

Article 5 of the Convention. Payment of benefits abroad. With reference to its 2008 observation, the Committee notes that, in its report of 2009, the Government provided information on the pensions in payment under the reciprocal agreements concluded with Canada, Quebec, the United Kingdom and the member countries of CARICOM. The Committee notes, however, that the Government’s report did not reply on the other issues raised in the observation, particularly as regards the Government’s indication in 2005 of the planned adoption of a draft bill amending the national legislation so as to comply with Article 5 of the Convention. The Committee therefore requests the Government to provide in its next report due in 2012 all the information requested in the Committee’s previous observation on the following points.

The Committee recalls that section 49 (in conjunction with section 48) of the National Insurance and Social Security (Benefits) Regulations of 1967 and section 25 of the Employment Injury (Benefits) Regulations of 1970 deprive a beneficiary residing abroad of the right to ask for the benefit to be paid directly to him at his place of residence, which is contrary to the provisions of Article 5 of the Convention. In its previous report of 2002, the Government stated that approval has been given for direct payment of the benefits in the country where the claimant is currently residing, that corresponding amendments of the National Insurance and Social Security Act were approved by the Government to bring it in accordance with Article 5 of the Convention, and that the procedural steps were taken to submit these amendments to Parliament for enactment. In its report, received in June 2005, the Government indicated that a draft bill had been prepared for benefits to be paid to persons residing abroad and that a copy of the new provisions would be forwarded to the ILO as soon as they were adopted by Parliament.

The Committee recalls that, in granting equality of treatment for residents of the contracting parties under their social security legislation, the CARICOM Agreement on Social Security ensures protection and maintenance of the rights of beneficiaries “notwithstanding changes of residence among their respective territories – principles which underlie several of the Conventions of the International Labour Organization” (Preamble). The Committee wishes to recall in this respect that, in accordance with the principle of the maintenance of rights through the provision of benefits abroad, as established by Convention No. 118, Barbados shall guarantee direct payment of the benefits to all entitled beneficiaries at their place of residence, irrespective of the country in which they reside and even in the absence of a bilateral or multilateral agreement to that effect. It therefore trusts that the Government will make every effort to ensure that the bill is adopted in the very near future so as to ensure direct payment at their place of residence abroad of old-age, survivors’ and employment injury benefits, both to its own nationals and to nationals of any other Member that has accepted the obligations of the Convention in respect of these branches. The Committee hopes that the Government’s next report will contain a copy of the new provisions together with detailed statistics on the transfer of benefits abroad to beneficiaries, including Barbadian nationals, who are not covered by the CARICOM Agreement or bilateral agreements with Canada and the United Kingdom.