Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Articles 1, 5, and 9 of the Convention. Need to amend the applicable legislation. In its previous comments, the Committee requested the Government 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 work injury) and 9 (need to provide free-of-charge supply of medical, surgical and pharmaceutical aid) of the Convention. The Committee takes note of the indication provided by the Government in its report that a major examination of all aspects of incapacity support is scheduled for 2019–21 under the ongoing Social Security Review and that the Committee’s remarks will be considered within this framework. The Committee firmly hopes that the Government will take the opportunity of the Social Security Review to amend its legislation in conformity with the Convention and reminds the Government of the possibility to avail itself of ILO technical assistance in this regard. The Committee requests the Government to provide information on the outcome of the Social Security Review and, in particular, of the measures taken or envisaged to give full effect to Articles 1, 5 and 9 of the Convention.

Article 7. Additional compensation for persons in need of constant help. The Committee takes note of the information provided by the Government on the Home Carer’s Allowance, set out in section 18A(1) of the Social Security (Jersey) Law, 1974, a scheme under which a person who is regularly and substantially engaged in caring for another person is entitled to an allowance upon meeting certain conditions. The Committee observes that this scheme may enable some injured workers to receive home care, depending on the availability of carers, and provided that they have been residing in Jersey for the past 12 months, as set out in section 5 of the Social Security (Home Carer’s Allowance) (Jersey) Order, 2012. The Committee requests the Government to provide information on any other measure, in cash or in kind, ensuring that all victims of work-related injury have access to constant help or care when required by their condition, and to specify whether there are any conditions that injured workers must fulfil to benefit from such care or from any additional financial compensation provided to them to cover related costs.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that Member States for which Convention No. 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Conventions Nos 121 or 102 (Part VI) as the most up-to-date instruments in this subject area, and recommends that the Government take the opportunity of the ongoing Social Security Review to do so. The Committee invites the Government to provide information in this respect.