Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Articles 1, 5, 7 and 9 of the Convention. Need to amend the applicable legislation. In reply to the Committee’s previous comment on the need to amend several provisions of the national legislation with a view to give effect to Articles 1 and 5 (need to repeal the minimum contribution conditions to become entitled to benefits in case of employment injury), 7 (need of the constant attendance by a third person) and 9 (free-of-charge supply of medical, surgical and pharmaceutical aid) of the Convention, the Government indicates that the Social Security Minister has commenced a review of contributory benefits and that the Committee’s remarks are expected to be considered as part of that project. With regard more particularly to Article 7, the report indicates that article 2 of the Social Security (Home Carer’s Allowance) (Jersey) Order 2012 establishes an allowance for a carer who spends 35 hours or more per week caring for someone who requires a high level of personal care. The Committee notes however that there are contribution conditions associated to that allowance, whereas the Convention does not allow the victims of employment injury to be required to meet such conditions. Referring to its previous comment which contained detailed explanations on the shortfalls of the applicable legislation as compared to the abovementioned provisions of the Convention, the Committee hopes that the currently ongoing reform of the national legislation will give full effect to the Convention.