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

Cyprus

Social Security (Minimum Standards) Convention, 1952 (No. 102) (Ratification: 1991)
Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) (Ratification: 1966)
Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) (Ratification: 1969)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 102 (minimum standards), 121 (employment injury benefits), and 128 (survivors’ benefits) together.

Part VII (Family benefit). Article 43 of Convention No. 102. Length of the qualifying period. The Committee observes that in accordance with Article 3 of the Child Allowance (Amendment) Law 118(I) of 2017, the requirement of habitual residence in Cyprus for entitlement to a tax-financed child benefit has been changed from three to five consecutive years of lawful and continuous stay prior to the submission of the application. The Committee also notes the Government’s indications in its 26th (2019) annual report on the application of the European Code of Social Security (Code) which contains a similar provision, that the periods of lawful and continuous stay in the other EU Member States are taken into account in the calculation of the five-year period of lawful and continuous stay of a claimant in Cyprus. The Committee observes that this five-year qualifying period goes beyond the maximum qualifying period set out in Article 43 of the Convention, which specifies that family benefits shall be secured at least to persons protected who have completed a qualifying period of one year of residence, with a possibility, under Article 68 of the Convention, for special rules to be prescribed concerning non-nationals and nationals born outside the territory of the Member in respect of benefits which are payable wholly or mainly out of public funds, as is the case in Cyprus. The Committee therefore requests the Government to ensure that Cyprus nationals upon their return from a non-EU country are entitled to family benefits after completion of one year of residence in Cyprus.

Articles 10 and 11 of Convention No. 121. Types of medical care. The Committee notes the information provided by the Government in its 25th (2018) annual report on the application of the Code, which contains similar provisions on the types of medical care provided in case of employment injury and observes that the following types of care are not included: nursing care at home or in hospital or other medical institution; maintenance in convalescent homes, sanatoria or other medical institutions; provision of eyeglasses; domiciliary visit (only in exceptional cases i.e. for saving life or averting serious disability) and the care furnished by members of such other professions as may at any time be legally recognized as allied to the medical profession, under the supervision of a medical or dental practitioner. The Committee further notes the Government’s indications provided in its 26th (2019) annual report on the application of the Code that the introduction of a new universal General Healthcare System shall be fully implemented as from June 2020. Recalling that the Convention requires the provision of all the types of medical care listed under Article 10, and that Article 11 requires medical care benefits to be provided on condition the rules on the cost sharing are so designed as to avoid hardship, the Committee hopes that the new universal General Healthcare System will be designed so as to give full effect to these Articles of the Convention and requests the Government to supply detailed information in this respect.

Article 65(10) of Convention No. 102, Article 29 of Convention No. 128, and Article 21 of Convention No. 121. Adjustment of long-term social security benefits. The Committee observes from the information provided by the Government for 2015–16 that the increase of long-term social security benefits was lower than the increase of the cost-of-living index and index of earnings in Cyprus for the same period. Recalling that in accordance with Article 65(10) of Convention No. 102, Article 29 of Convention No. 128, and Article 21 of Convention No. 121, the rates of old-age, employment injury, invalidity and survivors’ benefits shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living, the Committee requests the Government to take the necessary measures to ensure the adjustment of long-term social security benefits in accordance with the requirements of the Conventions.