Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Article 4(1) of the Convention. Equality of treatment without any condition of residence. The Committee notes the information provided by the Government in reply to its previous request concerning a condition of residence for entitlement to social security benefits.

Article 4 (2)(b). Supplementary invalidity allowance. The Committee notes that in accordance with article L816-1(1) of the Social Security Code, a supplementary invalidity allowance (allocation supplémentaire d’invalidité) is granted to non-nationals in case they have a work permit for at least ten years. The Committee notes that this requirement does not apply to EU citizens, citizens of the countries that belong to the European Economic Area (EEA) and citizens of Switzerland (article L816-1(3) of the Social Security Code). The Committee recalls that as prescribed by Article 4(2)(b) of the Convention, the grant of invalidity benefit may be made subject to the condition that the beneficiary has resided on the territory of the Member for a period which shall not exceed five consecutive years immediately preceding the filing of claim. The Committee therefore requests the Government to explain how the provision of supplementary invalidity allowance is ensured to nationals of Members which have accepted the branch of invalidity benefit and to which article L816-1(3) of the Social Security Code does not apply.

Article 5. Payment of benefits abroad. The Government states that in the case of residence abroad, the condition of residence for the entitlement to benefits is lifted subject to bilateral agreements. The Committee notes the list provided by the Government indicating countries which have concluded such bilateral agreements with France. The Government further states that the condition of residence is lifted with respect to countries that belong to the EEA and countries which are party to the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19). The Committee recalls that in accordance with Article 5 of the Convention, the provision of invalidity benefits, survivors’ benefits and death grants, and employment injury pensions shall be guaranteed by a Member to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of the branch or branches in question, when they are resident abroad. The Committee therefore requests the Government to explain how provision of benefits abroad is ensured to French nationals and nationals of countries which are non-EEA Members which have accepted the same branch of social security and which have not concluded a bilateral agreement with France, particularly:

• – invalidity benefit: Brazil, Democratic Republic of the Congo, Ecuador, Egypt, Iraq, Jordan, Kenya, Libya, Mexico, Rwanda, Syrian Arab Republic and Bolivarian Republic of Venezuela;
• – survivors’ benefit and death grant: Barbados, Brazil, Ecuador, Egypt, Guinea, Iraq, Jordan, Kenya, Libya, Mexico, Rwanda, Syrian Arab Republic, and Bolivarian Republic of Venezuela;
• – as regards employment injury benefit, the Committee requests the Government to indicate the manner in which it gives effect to the Convention with respect to the following four countries which have accepted the provisions of the Convention for this branch but are not party to Convention No. 19: Ecuador, Guinea, Jordan and Libya.