Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Jersey

Articles 1 and 5 of the Convention. Qualifying conditions. In reply to the Committee’s direct request of 2006, the Government indicates that the legislation in respect of long-term incapacity allowance continues to provide that, where incapacity is assessed at less than 15 per cent, benefit is paid in a lump sum rather than inconsiderable weekly payments (article 8 of the Social Security (Incapacity Benefits) (Jersey) Order 2004). A lump sum payment may be paid for funeral expenses (article 26 of the Social Security (Jersey) Law, 1974). Where incapacity leads to loss of income, weekly Income support payments are paid to the low-income household of the injured person, subject to conditions relating to means and residency. The Committee wishes to draw the Government’s attention to the fact that, as described above, both contributory incapacity benefit scheme (article 14 of the Social Security (Jersey) Law, 1974) and non-contributory income support scheme (articles 2 and 6 of the Income Support (Jersey) Law, 2007) establish such qualifying conditions which are not allowed by the international social security law with respect to the employment injury branch. Indeed Convention No. 17 and the Social security (Minimum standard) Convention, 1952 (No. 102) do not authorize compensation payable to victims of industrial accidents to be subjected to a qualifying period of contribution, employment or residence, and the Employment injury Benefits Convention, 1964 (No. 121), expressly prohibits subjecting eligibility for employment injury benefits to the length of employment, to the duration of insurance or to the payment of contributions (Article 9(2)). Means-tested social assistance benefits, such as income support benefits, are not considered under these instruments as the appropriate forms of protection against employment injuries which should be compensated regardless of the household income and assets of the victim. The Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), and the Equality of Treatment (Social Security) Convention, 1962 (No. 118), require provision of employment injury benefit to foreign workers without any residence condition. In view of the above, the Committee would ask the Government to consider modifying its incapacity benefit scheme so as to waive the minimum contribution condition for the insured persons in case they fall victim of employment injury.

Article 7. Constant help of another person. The Government indicates that the attendance allowance was replaced by income support payments and that the introduction of the new legislation removed the previously applicable birth related eligibility conditions while maintaining the means and residency ones. The Committee would like the Government to refer to its comment under Article 5 above and to consider introducing into the incapacity benefit scheme increments in periodical payments or other supplementary or special benefits for the victims of employment injuries requiring the constant help of another person, which would be free of any residence, means or contribution conditions.

Article 9. Free of charge medical, surgical and pharmaceutical aid. The Committee understands that in order to qualify for Jersey’s health insurance scheme, a person must be either a resident or employed on the territory, having paid the necessary social security contributions for a qualifying period of six months. The Committee invites the Government to consider waiving this qualifying period requirement in the case of occupational injuries.