Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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Article 4(2)(b) of the Convention. Supplementary invalidity allowance. The Committee notes the Government’s indication in its report that, in order to be able to benefit from a supplementary invalidity allowance, an applicant for the allowance who is of foreign nationality must have been in possession of a residence permit authorizing them to work uninterruptedly for at least ten years from the date of the effect of the benefit claimed (section L816-1(1) of the Social Security Code). The Committee recalls that, under the terms of Article 4(2)(b) of the Convention, the grant of invalidity benefits, such as the supplementary invalidity allowance, 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 the claim. In this regard, the Committee observes that the provisions of section L816-1(1) of the Social Security Code affect the entitlement to supplementary invalidity allowances of the nationals of Members which have ratified Convention No. 118, namely Bangladesh, Barbados, Plurinational State of Bolivia, Brazil, Cabo Verde, Central African Republic, Democratic Republic of the Congo, Ecuador, Egypt, Guatemala, Guinea, India, Iraq, Israel, Jordan, Kenya, Libya, Madagascar, Mauritania, Mexico, Pakistan, Philippines, Rwanda, Suriname, Syrian Arab Republic, Tunisia, Türkiye, Uruguay and Bolivarian Republic of Venezuela. The Committee requests the Government to take the necessary measures to ensure the provision of the supplementary invalidity allowance to the nationals of Members which have ratified Convention No. 118 who have been resident in France for a period no longer than five consecutive years, in accordance with Article 4(2)(b) of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.