Social Security (Minimum Standards) Convention, 1952 (No. 102) - Cyprus (Ratification: 1991)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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.

Article 65 (10) of Convention No. 102, Article 21 of Convention No. 121, and Article 29 of Convention No. 128. Adjustment of long-term social security benefits. The Committee observes from the Government’s report that for the period of 1 June 2017 - 1 January 2022, the increase of basic pensions (7.48 per cent) was higher than the increase of the cost-of-living index (6 per cent). The Committee further observes that supplementary pensions increased by 1.64 per cent which is lower than the cost-of-living index for the same period. The Committee recalls that in accordance with Article 65(10) of Convention No. 102, Article 21 of Convention No. 121, and Article 29 of Convention No. 128, the rates of old-age, employment injury, invalidity and survivors’ benefits shall be reviewed following substantial changes in the general level of earnings or the cost of living. The Committee requests the Government to provide information on the adjustment of basic and supplementary pensions by comparing it with the changes in the cost-of-living index as well as the index of earnings.

Articles 29, 57, and 65 of Convention No. 102, Articles 24 and 26 of Convention No. 128. Calculation of pensions. The Committee notes from the 2022 Government’s report on the application of the European Code of Social Security the calculations of the replacement rates of old-age, invalidity, and survivors’ pensions. It further notes that invalidity and survivors’ pensions were not only calculated on the basis of paid periods of contributions, but also on the basis of prospective periods of insurance covering the period between the occurrence of invalidity or death and the age of 63 of the insured person. The Committee requests the Government to provide a calculation of invalidity and survivors’ benefits for a standard beneficiary on the basis of 30 years of insurance, consisting in particular of a period of 15 years of paid contributions and a prospective period of 15 years of insurance, in line with the provisions of Articles 29 and 57 of Convention No. 102 and Article 24 of Convention No. 128. In this respect, the Committee recalls that family benefits payable to a standard beneficiary both during his active life and during the contingencies may also be taken into account for the purpose of demonstrating that the replacement rates required under Article 65 of Convention No. 102 and Article 26 of Convention No. 128 are effectively attained. Lastly, the Committee requests the Government to explain in more detail the way pensions payable in case of old age, invalidity or death are calculated for a standard beneficiary.

Articles 10(1)(b) and (e) and 11 of Convention No. 121. Types of medical care. The Committee takes note of the Government’s indication of the types of medical care benefits provided under the universal General Healthcare System (GHS). The Government also indicates that GHS beneficiaries are required to pay small co-payments for medical care benefits, except for inpatient healthcare. The Committee further notes from the Government’s report that prosthetics appliances and eyeglasses are not reimbursed by the Health Insurance Organization (HIO). In addition, only preventive dental care is provided by the GHS.

In this respect, the Committee recalls that the provision of dental care required by Article 10(1)(b) and (e) of the Convention is not limited to dental care of a preventive nature, but also includes curative treatment, in case such care is needed following an employment injury. The Committee further recalls that Article 10(1)(e) of the Convention requires the provision of prosthetic appliances kept in repair and renewed as necessary, as well as eyeglasses. The Committee therefore requests the Government to provide information on measures taken or envisaged to ensure the provision of curative dental care, prosthetic appliances and eyeglasses to victims of employment injury, in line with Article 10(1)(b) and (e) of Convention No. 121.

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

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.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided by the Government in its report for the period 1994-96, which was received too late to be considered in last year's meeting, and, in particular, that concerning the application of Part XIII (Common provisions), Article 69(i), of the Convention. As regards the questions raised in its direct request of 1996, the Committee notes that the Government's report reproduces the information contained in its third report on the application of the European Code of Social Security. As this information was already fully taken into account by the Committee, it would like the Government to refer to its previous comments and hopes that its next report would contain additional information on the following points.

Part III (Sickness benefit), Article 18 of the Convention. Recalling the Government's statement that in the overwhelming majority of cases claimants can receive sickness benefit for 26 weeks, the Committee would like the Government to indicate measures taken or contemplated to bring the national legislation into full conformity with Article 18 of the Convention, so as to ensure that all protected persons who meet the minimum conditions of entitlement stipulated in section 32 and the third schedule of the Social Insurance Law shall be guaranteed sickness benefit for a minimum of 26 weeks in each case of illness.

Part XIII (Common provisions), Article 69(f), in relation to Part IV (Unemployment benefit). The Committee recalls that certain cases of suspension of unemployment benefit if the worker has lost his employment through his own fault, mentioned by the Government under section 35(2)(a) of the Social Insurance Law, such as unsatisfactory performance of duties or negligence in the execution of duties resulting in damage to the employer, may go beyond the limits set in Article 69(f) of the Convention, which permit the suspension of unemployment benefit only in case of wilful misconduct of the person concerned. Therefore, it hopes that in its next report the Government will not fail to indicate measures taken or contemplated to ensure that in practice benefit is suspended only in cases of wilful misconduct, in accordance with this provision of the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that no report has been received from the Government concerning the Convention. However, based on the information contained in the Government's third report for the European Code of Social Security, it would like to draw the attention of the Government on the following points.

Part III (Sickness benefit), Article 18 of the Convention. The Government recalls in its report that section 32 and the Third Schedule of the Social Insurance Laws provide that a person is entitled to sickness benefit if he has paid contributions on insurable earnings at least equal to 26 times the weekly basic insurable earnings and in the previous contribution year he has paid or has been credited with contributions on insurable earnings at least equal to 20 times the weekly basic insurable earnings. It adds that a person who satisfies the minimum contribution conditions mentioned above becomes entitled to sickness benefit for a period of 78 days or 13 weeks, and for each additional week during which he has paid contributions at least equal to the weekly basic insurable earnings, he becomes entitled to an extra day's benefit, up to a maximum of 156 days. In cases where the incapacity for work continues beyond 26 weeks and the person satisfies the contribution requirements for invalidity pension, the duration of benefit is extended from six months to a year. The Government further points out that for eligibility to sickness benefit an actual insurance period of six months is not required; what is needed is the payment of contributions corresponding to 26 times the weekly basic insurable earnings. According to the Government, under these circumstances the overwhelming majority of claimants receive 26 weeks of benefit, and those who are not eligible are generally young workers who tend not to have long-term illnesses.

The Committee notes this information with interest. It recalls that under Article 18 of the Convention all protected persons who meet the minimum contribution conditions provided under Article 17 shall be guaranteed sickness benefit for a minimum of 26 weeks in each case of illness. In view of the Government's statement that in the overwhelming majority of cases claimants receive benefit for 26 weeks, the Committee asks the Government to indicate what steps are being taken or contemplated to bring the national legislation into full conformity with Article 18.

Part XII (Common provisions), Article 69(f) in relation to Part IV (Unemployment benefit). In its previous conclusions, the Committee raised the question of the application of section 35(2)(a) of the Social Insurance Law, regarding suspension of unemployment benefit if the worker has lost his employment through his own fault. In its report, the Government states that the provision relating to disqualification due to fault of the insured person is applied cautiously and after thorough examination of each case; in practice, upon receipt of a claim for unemployment benefit a questionnaire is sent to the employer asking about the reason for termination of employment. If the employer alleges that the employee was in any way at fault, the employee is given an opportunity to rebut the allegation. If the employee is found guilty of fault the adjudication officer imposes the penalty of disqualification for such period so as not to cause undue hardship.

The Committee notes this information. It points out that certain cases mentioned by the Government involving fault of the claimant, such as unsatisfactory performance of duties or negligence in the execution of duties resulting in damage to the employer, may go beyond the limits set in Article 68(f) which permits the suspension of unemployment benefit only in case of wilful misconduct of the person concerned. Therefore, it asks the Government to indicate what measures are being taken or contemplated to insure that in practice the adjudication officer suspends benefit only in cases of wilful misconduct, in accordance with this provision of the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information supplied by the Government in its first and second reports. It requests the Government to provide further information on the following points:

Part III (Sickness benefit), Article 18, paragraph 1, of the Convention. The Committee notes from the information provided by the Government that under the terms of section 32(2)(b) of the Social Insurance Law of 1980, as amended, a person who has completed a minimum qualifying period of 26 weeks is entitled to sickness benefit for 78 days, with an additional day of benefit for each additional week of contributions. The Committee recalls that, in accordance with Article 18, paragraph 1, of the Convention, sickness benefit shall be granted throughout the contingency, except that the benefit may be limited to 26 weeks in each case of sickness. The Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that all protected workers who meet the requirement of the minimum qualifying period are entitled to sickness benefit for at least 26 weeks of incapacity.

Part XIII (Common provisions), Article 69(f), in relation with Part III (Sickness benefit), Article 18, and Part IV (Unemployment benefit), Article 24. The Committee notes that section 34(a) of the Social Insurance Law provides that a person shall be disqualified for receiving sickness benefit for a period not exceeding six weeks if he has become incapable of work through his own fault and that section 35(2)(a) provides for a similar suspension of unemployment benefit if the worker has lost his employment through his own fault. The Committee requests the Government to supply information on the effect given in practice to these two provisions, with an indication in particular of the scope of the concept of "fault" as regards the suspension of sickness and unemployment benefit, taking into account the fact that under the terms of Article 69(f) of the Convention, the benefit may only be suspended where the contingency has been caused by the wilful misconduct of the person concerned.

Part XIII (Common provisions), Article 69(i). Section 35(1) of the Social Insurance Law provides that the suspension of the unemployment benefit for a person who has lost his employment by reason of a stoppage of work which was due to a trade dispute, shall not apply in the case of a person who proves (a) that he is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work and (b) that he does not belong to a grade or class of workers of which immediately before the stoppage began, there were members employed at his place of employment and any of whom are participating in or financing or directly interested in the stoppage of work. The Committee recalls that, in accordance with Article 69(i) of the Convention, unemployment benefit may only be suspended where the person concerned has lost his employment as a direct result of a stoppage of work due to a trade dispute. The Committee requests the Government to supply information on the effect given in practice to section 35(1) of the Social Insurance Law, and particularly to subsection (b).