Social Security (Minimum Standards) Convention, 1952 (No. 102) - Barbados (Ratification: 1972)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s reports on Conventions Nos 102 and 128, due since 2018, have not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Conventions Nos 102 and 128 on the basis of the information at its disposal.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 102 (minimum standards) and 128 (invalidity and old-age benefits) together.

Part XI (Standards to be complied with by periodical payments) of Convention No. 102, Article 65(10), and Part V (Standards to be complied with by periodical payments) of Convention No. 128, Article 29. Adjustment of old-age, invalidity, and survivors’ benefits. In its previous comments, the Committee noted that social security benefits were adjusted by the same percentage as the lesser of the three-year average of wage or price increases, subject to actuarial advice on the maximum which could be granted. The Committee further requested the Government to provide statistical information on the adjustment of old-age and invalidity benefits according to the report form for Convention No. 128, and on the adjustment of survivors’ benefits according to the report form for Convention No. 102. The Committee recalls that as per Article 65(10) of Convention No. 102, the rates of current survivors’ benefits shall be reviewed following substantial changes in the general level of earnings, where these result from substantial changes in the cost of living and that, pursuant to Article 29 of Convention No. 128, the rates of old-age and invalidity benefits in payment shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living. The Committee once again requests the Government to provide statistical data on the adjustment of survivors’ benefits under Title VI of Article 65 of the report form for Convention No. 102 and of old-age and invalidity benefits under Article 29 of the report form for Convention No. 128.

Part X (Survivors’ benefit) of Convention No. 102, Articles 60(1) and 63(5). Scope of personal coverage and qualifying conditions. In its previous comments, the Committee noted that the national legislation of Barbados did not provide for survivors’ benefits to spouses aged below 45 and caring for a child, whereas they would usually be presumed incapable of self-support and entitled to survivors’ benefits, in accordance with Article 60(1) of the Convention. The Committee therefore requested the Government to bring the national legislation into full conformity with the Convention on this point by ensuring that surviving spouses meeting the above-mentioned criteria be entitled to survivors’ benefits.

The Committee further noted that according to section 37(1) of the National Insurance and Social Security (Benefit) Regulations of 1967, a spouse of 45 years or over and a spouse with disability below the age of 50 were entitled to survivors’ benefit subject to the condition of having been married to the deceased for at least three years at the time of death. Noting that this requirement went beyond the qualifying conditions that may be imposed pursuant to Article 63 of the Convention, the Committee requested the Government to ensure that the imposition of a minimum duration of marriage for the entitlement to survivors’ benefit was applied only in respect of childless surviving spouses, in line with Article 63(5) of the Convention.

The Committee observes that the relevant provisions of the National Insurance and Social Security (Benefit) Regulations of 1967 (Regulations of 1967) on the entitlement to survivors’ pension, particularly its section 37(1), have not been modified since the Committee’s last examination. The Committee therefore reiterates its request to the Government to take the necessary measures to bring the national legislation into full conformity with Articles 60(1) and 63(5) of the Convention, by ensuring that: 1) survivors’ benefits are provided to spouses aged below 45 and caring for a child and 2) the condition of a minimum duration of marriage for the entitlement to survivors’ benefit is applied only in respect of childless spouses.

Article 64 of Convention No. 102. Duration of survivors’ benefit. The Committee previously noted that the payment of survivors’ benefits was limited to only one year in cases where the marriage was contracted after the deceased had been granted an old-age or an invalidity contributory pension (section 36(4A(a)) of the National Insurance and Social Security (Benefit) Regulations of 1967). The Committee concluded that such a limitation was not in conformity with Article 64 of the Convention and requested the Government to take the necessary measures to bring the national legislation into conformity with the Convention.

The Committee observes that section 36(4A(a)) of the National Insurance and Social Security (Benefit) Regulations of 1967 has not been modified since this request was made to the Government. Recalling that, pursuant to Article 64 of the Convention, survivors’ benefits shall be granted throughout the contingency, regardless of the fact that the marriage with the deceased was contracted after the granting of an old-age or an invalidity contributory pension, the Committee once again requests the Government to bring the national legislation into full conformity with Article 64 of the Convention by removing the limitation on the payment of survivors’ benefits set out in section 36(4A(a)) of the National Insurance and Social Security (Benefit) Regulations of 1967.

Part XI (Standards to be complied with by periodical payments) of Convention No. 102, Article 65, in conjunction with Articles 62 and 63. Level of survivors’ benefit. In its previous comments, the Committee noted that the benefit to which a surviving spouse aged between 45 and 50 years would be entitled, together with the supplements paid in respect of two children, would attain 26.5 per cent of the breadwinner’s previous earnings, below the 30 per cent replacement rate required by Article 63(3) of the Convention for systems, such as Barbados’, where the qualifying period does not exceed five years. On this basis, the Committee requested the Government to conduct an actuarial study on the financial implications of progressively raising the level of benefits paid to survivors between 45 and 50 years of age with a view to bringing national law and practice into conformity with the Convention. The Committee observes that the provisions of the National Insurance and Social Security (Benefit) Regulations of 1967, particularly its section 40(2)(4) on the rates of survivors' pension for a surviving spouse aged between 45 and 50 years, have not been modified since this request was made to the Government. The Committee therefore once again requests the Government to take the necessary measures to ensure that the survivors’ pension paid to surviving spouses between 45 and 50 years of age with two dependent children attains a replacement rate of at least 30 per cent of the earnings of the deceased breadwinner, in conformity with Article 63(3) of the Convention.

Part III (Old-Age benefit) of Convention No. 128, Article 15. Pensionable age. The Committee previously requested the Government to indicate whether the labour legislation of Barbados deemed certain occupations as arduous or unhealthy and whether the pensionable age was lower in respect of persons who had been engaged in such occupations. The Committee observes that, according to Schedule II of the National Insurance and Social Security Act of 2007 (Act of 2007), the pensionable age has been increased to 67 years since 1st January 2018. The Committee further observes that, in accordance with section 21(1A) of the Act of 2007 and section 32(1A) of the National Insurance and Social Security (Benefit) Regulations of 1967, insured persons may be entitled to an early retirement pension at the age of 60 years at a reduced rate, regardless of their previous occupation. The Committee recalls that pursuant to Article 15(2) of the Convention, a pensionable age higher than 65 years may be fixed by the competent authority, with due regard to demographic, economic and social criteria, which shall be demonstrated statistically. The Committee further recalls that according to Article 15(3) of the Convention, if the pensionable age is 65 years or higher, the age shall be lowered, under prescribed conditions, in respect of persons who have been engaged in occupations that are deemed by national legislation, for the purpose of old-age benefit, to be arduous or unhealthy. The Committee requests the Government to provide information on the demographic, economic and social criteria on which the decision to increase the pensionable age up to 67 years was based, including, for example, data on the healthy life expectancy (HLE), disability free life expectancy (DFLE), and employment rate among persons older than 65 years in Barbados. The Committee further requests, once again, the Government to indicate whether, in Barbados, there are occupations deemed by the national legislation to be arduous or unhealthy, and whether workers in these occupations are subject to a lower pensionable age.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes the Government’s detailed report received in November 2013, which, however, does not contain a reply to the Committee’s comments concerning survivors’ benefits. The Committee therefore asks the Government to reply to the issues raised in the observation and the direct request of 2012 concerning in particular the annual indexation of survivors’ benefits, the level of the benefit of a surviving spouse aged between 45 and 50 years, and the need to extend protection to a surviving spouse below 45 years of age caring for a child, indicating any measures taken with a view to improving the application of the Convention in law and practice.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes the Government’s detailed report received in November 2013, which, however, does not contain a reply to the Committee’s comments concerning survivors’ benefits. The Committee therefore asks the Government to reply to the issues raised in the observation and the direct request of 2012 concerning in particular the annual indexation of survivors’ benefits, the level of the benefit of a surviving spouse aged between 45 and 50 years, and the need to extend protection to a surviving spouse below 45 years of age caring for a child, indicating any measures taken with a view to improving the application of the Convention in law and practice.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

The Committee notes the Government’s detailed report received in November 2013, which, however, does not contain a reply to the Committee’s comments concerning survivors’ benefits. The Committee therefore asks the Government to reply to the issues raised in the observation and the direct request of 2012 concerning in particular the annual indexation of survivors’ benefits, the level of the benefit of a surviving spouse aged between 45 and 50 years, and the need to extend protection to a surviving spouse below 45 years of age caring for a child, indicating any measures taken with a view to improving the application of the Convention in law and practice.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the Government’s detailed report received in November 2013, which, however, does not contain a reply to the Committee’s comments concerning survivors’ benefits. The Committee therefore asks the Government to reply to the issues raised in the observation and the direct request of 2012 concerning in particular the annual indexation of survivors’ benefits, the level of the benefit of a surviving spouse aged between 45 and 50 years, and the need to extend protection to a surviving spouse below 45 years of age caring for a child, indicating any measures taken with a view to improving the application of the Convention in law and practice.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Referring to its observation, the Committee notes the information provided by the Government’s report, including the copies of amendments to the National Insurance and Social Security Act and Regulations as well as in the 11th and 12th actuarial reports of the operation of the Barbados National Insurance Scheme.

Article 60(1) of the Convention. Part X (Survivors’ benefit). Personal coverage. In reply to the Committee’s previous comments concerning the extension of benefits to survivors under 50 years of age caring for dependent children of the deceased or incapable of self-support, the Government indicates that the national legislation was amended so as to provide for the extension of survivors’ benefit to persons aged 45 years or more who have been married to the deceased person for more than three years. Survivors’ benefit is also payable but for one year only to survivors whose marriage with the deceased was contracted after the granting to the deceased of an old-age contributory pension. Invalid spouses below the age of 50 who have been married to the deceased person for more than three years at the time of the partner’s death also qualify for a pension during the period of invalidity. All other spouses qualify for a survivor pension for a period of one year and payments to survivors cease on marriage, remarriage or cohabitation as man and wife. In previous reports, the Government had also indicated that survivors who remain unemployed and incapable of self-support upon expiry of this period could be granted means tested social assistance by the Welfare Department.

The Committee notes with interest that the age for entitlement to survivors’ benefit has been lowered from 50 to 45 years (with benefits paid to survivors aged between 45 and 50 years being reduced from 50 per cent to one third of the previous earnings of the deceased). In international social security law, a spouse is usually presumed incapable of self-support if she or he: (i) has attained a certain age which should be lower that the statutory pensionable age; (ii) cares for a dependent child; or (iii) is an invalid. In Barbados, the national legislation grants the right to survivors’ benefit to a spouse of 45 years or over and to an invalid spouse below the age of 50. In both cases the right is subjected to the condition of having been married to the deceased for at least three years at the time of death. The Committee wishes to point out that Article 63(5) of the Convention authorizes the imposition of a minimum duration of marriage only in respect of a childless widow. It is also concerned that the surviving spouse aged below 45 and caring for a child is left without protection under Barbadian legislation. The Government’s attention is further drawn to the fact that the limitation to one year only of survivors’ benefit in cases where the marriage with the deceased was contracted after the granting of an old-age contributory pension is not in conformity with the Convention. The Committee hopes that the Government will take the measures necessary to bring the national legislation into conformity with the Convention.

Part XI (Standards to be complied with by periodical payments), Article 65 (in conjunction with Articles 62 and 63). Level of survivors’ benefit. In Barbados, the beneficiary who has completed more than three years of contributions is entitled to receive a basic invalidity pension at the rate of 40 per cent of the average annual insurable earnings over the contribution period. His surviving spouse above 50 years of age with two children, would be entitled to receive a benefit representing 50 per cent of the amount of his invalidity pension supplemented by one-sixth of the main beneficiary’s pension for each dependant child. The standard beneficiary defined by the Convention would thereby, where the widow is above 50 years, be guaranteed a replacement rate of 33.33 per cent of the previous average earnings of the breadwinner which is above the requirement of 30 per cent established by Article 63(3) of the Convention for systems where the qualifying period does not exceed five years.

By contrast, the benefit of a surviving spouse aged between 45 and 50 years, would represent not 50 per cent but one third of the pension that would have been payable to the deceased breadwinner and, together with the supplements for two children, would attain only 26.5 per cent of the breadwinner’s previous earnings, falling short of the 30 per cent replacement level required by the Convention.

In view of the relatively small number of potential beneficiaries, the Committee invites the Government to conduct an actuarial study on the financial implications of progressively raising the level of benefits paid to survivors between 45 and 50 years of age with a view to bringing national law and practice into conformity with the Convention.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 65, paragraph 10. Adjustment of survivors’ benefits. In reply to the Committee’s previous comments, the Government states in its report that it has introduced in 2005 a new method of annual indexation of benefits and insurable earnings, the upper limit of the latter being increased in line with national average wage increases. Benefits are increased by the same percentage as the lesser of the three-year average of wage or price increases, subject to actuarial advice on the maximum which may be granted so as to maintain the target reserve ratio of five times, through to the year 2030. The 12th actuarial review of the national insurance scheme indicates in this respect that in 2005, year of introduction of indexation, pensions were increased by 4.76 per cent, while the insured earnings ceiling was increased by 2.9 per cent. The Committee invites the Government to supply with its next report the information requested by the report form under Title VI of Article 65.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Referring to its observation, the Committee notes the information provided by the Government’s report, including the copies of amendments to the National Insurance and Social Security Act and Regulations as well as in the 11th and 12th actuarial reports of the operation of the Barbados National Insurance Scheme.

Article 60, paragraph 1, of the Convention. Part X (Survivors’ benefit). Personal coverage. In reply to the Committee’s previous comments concerning the extension of benefits to survivors under 50 years of age caring for dependent children of the deceased or incapable of self-support, the Government indicates that the national legislation was amended so as to provide for the extension of survivors’ benefit to persons aged 45 years or more who have been married to the deceased person for more than three years. Survivors’ benefit is also payable but for one year only to survivors whose marriage with the deceased was contracted after the granting to the deceased of an old-age contributory pension. Invalid spouses below the age of 50 who have been married to the deceased person for more than three years at the time of the partner’s death also qualify for a pension during the period of invalidity. All other spouses qualify for a survivor pension for a period of one year and payments to survivors cease on marriage, remarriage or cohabitation as man and wife. In previous reports, the Government had also indicated that survivors who remain unemployed and incapable of self-support upon expiry of this period could be granted means tested social assistance by the Welfare Department.

The Committee notes with interest that the age for entitlement to survivors’ benefit has been lowered from 50 to 45 years (with benefits paid to survivors aged between 45 and 50 years being reduced from 50 per cent to one third of the previous earnings of the deceased). In international social security law, a spouse is usually presumed incapable of self-support if she or he: (i) has attained a certain age which should be lower that the statutory pensionable age; (ii) cares for a dependent child; or (iii) is an invalid. In Barbados, the national legislation grants the right to survivors’ benefit to a spouse of 45 years or over and to an invalid spouse below the age of 50. In both cases the right is subjected to the condition of having been married to the deceased for at least three years at the time of death. The Committee wishes to point out that Article 63(5) of the Convention authorizes the imposition of a minimum duration of marriage only in respect of a childless widow. It is also concerned that the surviving spouse aged below 45 and caring for a child is left without protection under Barbadian legislation. The Government’s attention is further drawn to the fact that the limitation to one year only of survivors’ benefit in cases where the marriage with the deceased was contracted after the granting of an old-age contributory pension is not in conformity with the Convention. The Committee hopes that the Government will take the measures necessary to bring the national legislation into conformity with the Convention.

Part XI (Standards to be complied with by periodical payments), Article 65 (in conjunction with Articles 62 and 63). Level of survivors’ benefit. In Barbados, the beneficiary who has completed more than three years of contributions is entitled to receive a basic invalidity pension at the rate of 40 per cent of the average annual insurable earnings over the contribution period. His surviving spouse above 50 years of age with two children, would be entitled to receive a benefit representing 50 per cent of the amount of his invalidity pension supplemented by one-sixth of the main beneficiary’s pension for each dependant child. The standard beneficiary defined by the Convention would thereby, where the widow is above 50 years, be guaranteed a replacement rate of 33.33 per cent of the previous average earnings of the breadwinner which is above the requirement of 30 per cent established by Article 63(3) of the Convention for systems where the qualifying period does not exceed five years.

By contrast, the benefit of a surviving spouse aged between 45 and 50 years, would represent not 50 per cent but one third of the pension that would have been payable to the deceased breadwinner and, together with the supplements for two children, would attain only 26.5 per cent of the breadwinner’s previous earnings, falling short of the 30 per cent replacement level required by the Convention.

In view of the relatively small number of potential beneficiaries, the Committee invites the Government to conduct an actuarial study on the financial implications of progressively raising the level of benefits paid to survivors between 45 and 50 years of age with a view to bringing national law and practice into conformity with the Convention.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 65, paragraph 10. Adjustment of survivors’ benefits. In reply to the Committee’s previous comments, the Government states in its report that it has introduced in 2005 a new method of annual indexation of benefits and insurable earnings, the upper limit of the latter being increased in line with national average wage increases. Benefits are increased by the same percentage as the lesser of the three-year average of wage or price increases, subject to actuarial advice on the maximum which may be granted so as to maintain the target reserve ratio of five times, through to the year 2030. The 12th actuarial review of the national insurance scheme indicates in this respect that in 2005, year of introduction of indexation, pensions were increased by 4.76 per cent, while the insured earnings ceiling was increased by 2.9 per cent. The Committee notes with satisfaction the introduction of indexation of long-term benefits and invites the Government to supply with its next report the information requested by the report form under Title VI of Article 65.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the adoption of legislation amending the National Insurance and Social Security Act and Regulations. As this legislation has not been attached to the report, the Committee would like the Government to supply the latest edition of the above Act and Regulations incorporating these amendments at its earliest convenience. Meanwhile, the Committee is basing its comments on the explanations provided in the Government’s report, as well as in the attached Tenth Actuarial Report of the Operation of the Barbados National Insurance Scheme as at 31 December 1999.

Part X (Survivors’ benefit). Article 60, paragraph 1, of the Convention. In reply to the Committee’s previous comments concerning the provision of benefits to widows of under 50 years of age caring for dependent children of the deceased and incapable of self-support, the Government indicated that the National Insurance Board was considering the feasibility of extending the survivors’ benefit for this category of persons, and that in December 2000, there were 78 widows under 50 years of age who were in receipt of the survivors’ benefit provided for the period of one year. Those widows who will remain unemployed and incapable of self‑support upon expiry of this period could be granted assistance by the Welfare Department detailed in the previous report of the Government. The Committee hopes that, taking into account the relatively small number of potential beneficiaries and the cost of the benefits and assistance already provided to them, the Government will be able to find the resources necessary to extend the survivors’ benefit to the abovementioned category of widows with dependent children, so as to give full application to this Article of the Convention. The Committee wishes to point out that this measure will also permit the Government to consider the ratification of Part IV (Survivors’ benefit) of the Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128), of which Parts II (Invalidity benefit) and III (Old-age benefit) have been already ratified by Barbados. The attention of the Government is furthermore drawn to the possibility of requesting the necessary technical assistance from the International Labour Office in assessing the financial burden on the national insurance scheme and in drafting the necessary legislation.

Part XI (Standards to be complied with by periodical payments), Article 65 (in conjunction with Articles 62 and 63). According to the Government’s report and section 36(1) of the National Insurance and Social Security (Benefit) Regulations, 1967, a survivors’ pension is payable where the breadwinner has satisfied the contribution conditions for the invalidity pension (having actually paid at least 150weekly contributions), if he dies before the age of 65 years, or for the old-age pension (having a minimum 500 contributions of which 150 must have been actually paid), if he dies after the age of 65 years. Taking as the basis 50 weekly contributions per year, the contribution condition of having actually paid at least 150 weekly contributions would correspond, in terms of the Convention, to having completed a qualifying period of three years of contributions, while the condition of having 500 credited contributions would correspond to having completed a contributory period of ten years. Both qualifying conditions for survivors’ benefit in Barbados are thus much below the qualifying period of 15 years of contribution, which is required by Article 65 of the Convention for the calculation of the prescribed minimum replacement level of 40 per cent of previous earnings of the deceased breadwinner to be attained by the survivors’ benefit. In order to assess whether this level is attained in Barbados, the calculations should be based on the increased amount of the pension, which would have been granted to the breadwinner after 15 years, and not ten years, of contributions, and the corresponding percentage of it paid to his surviving widow with two children representing a standard beneficiary for the survivors’ benefit branch. However, taking into account that survivors’ benefit equal to basic invalidity pension is payable already after three years of contribution, recourse may also be had to the provision of Article 63, paragraph 3, of the Convention, which requires only 30 per cent level of replacement.

According to the Government’s report, a basic invalidity pension is paid to a beneficiary who has between 150 and 500 weekly contributions at the rate of 40 per cent of the average annual insurable earnings in the best three contribution years. A basic pension is increased by 1 per cent for each 50 weekly contributions in excess of the first 500 contributions. The contributory period of 15 years would thus bring 250 weekly contributions in excess of the first 500 and result in the pension attaining 45 per cent of the average annual earnings. Being equal to the invalidity or old-age pension to which the deceased breadwinner would have been entitled at the moment of death, the maximum survivors’ pension corresponding to 15 years of contributions would attain the replacement level of 45 per cent. As this maximum benefit is divided between the surviving dependants (50 per cent of the pension is payable to the surviving spouse and one-sixth to each child), the standard beneficiary (widow with two children) would receive 83.3 per cent of the maximum benefit, which would correspond to the replacement level of 37.5 per cent of the breadwinner’s previous average earnings below the 40 per cent level prescribed by the Convention. However, if recourse were had to Article 63, paragraph 3, the resulting survivors’ benefit would attain the level of replacement of 33.3 per cent, thus surpassing the 30 per cent level required by this Article. The Committee would like the Government to confirm this conclusion on the basis of concrete examples of calculations of the survivors’ pension granted by the national insurance and social security scheme to the widow with two children whose breadwinner’s salary at the moment of death equalled the reference wage of the skilled manual male employee selected in accordance with Article 65, paragraph 6(b), of the Convention (the wage of Category V skilled artisan in agriculture). Please provide also updated statistics on the maximum and minimum amounts of survivors’ benefit.

Article 65, paragraph 10 (review of long-term benefits). In reply to the Committee’s previous comments, the Government stated that the increase in pension was not tied directly to the cost-of-living index, but reviewed on an ad hoc basis; minimum invalidity, old-age and survivors’ pensions were increased in September 1998 and October 2001. Similarly, wages in Barbados were not indexed but negotiated by trade unions and no information on the index of earnings was available. However, the Government added that consideration is being given to the method of indexation as a means used to increase periodical payments. The Committee notes that the Tenth Actuarial Report of the Operation of the Barbados National Insurance Scheme published in July 2001, has considered the effect of two different indexation policies: uprating only minimum benefits and earnings limits and uprating all benefits in payment and earnings limits in line with future increases in prices, and concluded that “if upratings are confined to increases in the minimum benefit levels rather than increases to all benefits in payment, the standard of living of the elderly will decrease relative to prices after their pensions come into payment. Their standard of living would also decrease relative to that of the working population. However, in the long term full uprating of all benefits in payment appears too expensive to contemplate without other further significant changes to the scheme” (page 3).

The Committee would like to recall in this respect that ad hoc uprating of the minimum benefit only, which is the current practice of the national insurance scheme, is not sufficient to give full effect to the abovementioned provisions of the Convention, which oblige the Government to establish a review mechanism for all long-term benefits in payment. The Convention does not require, however, the introduction of the automatic indexation of benefits, though it may be the most advanced method of adjusting the rates of the benefits to inflation and the cost of living. The ratifying States have full discretion in choosing the method of benefits adjustment most suitable to their economic system, provided that it safeguards the standard of living of the beneficiaries. The Committee would therefore urge the Government, in accordance with its obligations under Article 70(3) of the Convention, to include in the next actuarial review of the national insurance scheme, a study of different methods of adjusting all long-term benefits in payment to substantial changes in the general level of earnings and in the cost of living, with a view to giving full effect to the Convention on this point. Meanwhile, it would like the Government to supply the information requested by the report form under Title VI of Article 65 on the increases of the cost-of-living index and the amount of the minimum (and, if available, other) benefits for the whole period starting with the base year for which the retail price index equals 100 per cent (according to the report, at 30 June 2001 this index was 120.7).

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the Government’s detailed report for the period ending December 2001, which contains a list of legislation amending the National Insurance and Social Security Act and Regulations. As this legislation has not been attached to the report, the Committee would like the Government to supply the latest edition of the above Act and Regulations incorporating these amendments at its earliest convenience. Meanwhile, the Committee is basing its comments on the explanations provided in the Government’s report, as well as in the attached Tenth Actuarial Report of the Operation of the Barbados National Insurance Scheme as at 31 December 1999.

2. Part X (Survivors’ benefit). Article 60, paragraph 1, of the Convention. In reply to the Committee’s previous comments concerning the provision of benefits to widows of under 50 years of age caring for dependent children of the deceased and incapable of self-support, the Government indicated that the National Insurance Board was considering the feasibility of extending the survivors’ benefit for this category of persons, and that in December 2000, there were 78 widows under 50 years of age who were in receipt of the survivors’ benefit provided for the period of one year. Those widows who will remain unemployed and incapable of self-support upon expiry of this period could be granted assistance by the Welfare Department detailed in the previous report of the Government. The Committee hopes that, taking into account the relatively small number of potential beneficiaries and the cost of the benefits and assistance already provided to them, the Government will be able to find the resources necessary to extend the survivors’ benefit to the abovementioned category of widows with dependent children, so as to give full application to this Article of the Convention. The Committee wishes to point out that this measure will also permit the Government to consider the ratification of Part IV (Survivors’ benefit) of the Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128), of which Parts II (Invalidity benefit) and III (Old-age benefit) have been already ratified by Barbados. The attention of the Government is furthermore drawn to the possibility of requesting the necessary technical assistance from the International Labour Office in assessing the financial burden on the national insurance scheme and in drafting the necessary legislation.

3. Part XI (Standards to be complied with by periodical payments), Article 65 (in conjunction with Articles 62 and 63). According to the Government’s report and section 36(1) of the National Insurance and Social Security (Benefit) Regulations, 1967, a survivors’ pension is payable where the breadwinner has satisfied the contribution conditions for the invalidity pension (having actually paid at least 150 weekly contributions), if he dies before the age of 65 years, or for the old-age pension (having a minimum 500 contributions of which 150 must have been actually paid), if he dies after the age of 65 years. Taking as the basis 50 weekly contributions per year, the contribution condition of having actually paid at least 150 weekly contributions would correspond, in terms of the Convention, to having completed a qualifying period of three years of contributions, while the condition of having 500 credited contributions would correspond to having completed a contributory period of ten years. Both qualifying conditions for survivors’ benefit in Barbados are thus much below the qualifying period of 15 years of contribution, which is required by Article 65 of the Convention for the calculation of the prescribed minimum replacement level of 40 per cent of previous earnings of the deceased breadwinner to be attained by the survivors’ benefit. In order to assess whether this level is attained in Barbados, the calculations should be based on the increased amount of the pension, which would have been granted to the breadwinner after 15 years, and not ten years, of contributions, and the corresponding percentage of it paid to his surviving widow with two children representing a standard beneficiary for the survivors’ benefit branch. However, taking into account that survivors’ benefit equal to basic invalidity pension is payable already after three years of contribution, recourse may also be had to the provision of Article 63, paragraph 3, of the Convention, which requires only 30 per cent level of replacement.

According to the Government’s report, a basic invalidity pension is paid to a beneficiary who has between 150 and 500 weekly contributions at the rate of 40 per cent of the average annual insurable earnings in the best three contribution years. A basic pension is increased by 1 per cent for each 50 weekly contributions in excess of the first 500 contributions. The contributory period of 15 years would thus bring 250 weekly contributions in excess of the first 500 and result in the pension attaining 45 per cent of the average annual earnings. Being equal to the invalidity or old-age pension to which the deceased breadwinner would have been entitled at the moment of death, the maximum survivors’ pension corresponding to 15 years of contributions would attain the replacement level of 45 per cent. As this maximum benefit is divided between the surviving dependants (50 per cent of the pension is payable to the surviving spouse and one-sixth to each child), the standard beneficiary (widow with two children) would receive 83.3 per cent of the maximum benefit, which would correspond to the replacement level of 37.5 per cent of the breadwinner’s previous average earnings below the 40 per cent level prescribed by the Convention. However, if recourse were had to Article 63, paragraph 3, the resulting survivors’ benefit would attain the level of replacement of 33.3 per cent, thus surpassing the 30 per cent level required by this Article. The Committee would like the Government to confirm this conclusion on the basis of concrete examples of calculations of the survivors’ pension granted by the national insurance and social security scheme to the widow with two children whose breadwinner’s salary at the moment of death equalled the reference wage of the skilled manual male employee selected in accordance with Article 65, paragraph 6(b), of the Convention (the wage of Category V skilled artisan in agriculture). Please provide also updated statistics on the maximum and minimum amounts of survivors’ benefit.

4. Article 65, paragraph 10 (review of long-term benefits). In reply to the Committee’s previous comments, the Government stated that the increase in pension was not tied directly to the cost-of-living index, but reviewed on an ad hoc basis; minimum invalidity, old-age and survivors’ pensions were increased in September 1998 and October 2001. Similarly, wages in Barbados were not indexed but negotiated by trade unions and no information on the index of earnings was available. However, the Government added that consideration is being given to the method of indexation as a means used to increase periodical payments. The Committee notes that the Tenth Actuarial Report of the Operation of the Barbados National Insurance Scheme published in July 2001, has considered the effect of two different indexation policies: uprating only minimum benefits and earnings limits and uprating all benefits in payment and earnings limits in line with future increases in prices, and concluded that “if upratings are confined to increases in the minimum benefit levels rather than increases to all benefits in payment, the standard of living of the elderly will decrease relative to prices after their pensions come into payment. Their standard of living would also decrease relative to that of the working population. However, in the long term full uprating of all benefits in payment appears too expensive to contemplate without other further significant changes to the scheme” (page 3).

The Committee would like to recall in this respect that ad hoc uprating of the minimum benefit only, which is the current practice of the national insurance scheme, is not sufficient to give full effect to the abovementioned provisions of the Convention, which oblige the Government to establish a review mechanism for all long-term benefits in payment. The Convention does not require, however, the introduction of the automatic indexation of benefits, though it may be the most advanced method of adjusting the rates of the benefits to inflation and the cost of living. The ratifying States have full discretion in choosing the method of benefits adjustment most suitable to their economic system, provided that it safeguards the standard of living of the beneficiaries. The Committee would therefore urge the Government, in accordance with its obligations under Article 70(3) of the Convention, to include in the next actuarial review of the national insurance scheme, a study of different methods of adjusting all long-term benefits in payment to substantial changes in the general level of earnings and in the cost of living, with a view to giving full effect to the Convention on this point. Meanwhile, it would like the Government to supply the information requested by the report form under Title VI of Article 65 on the increases of the cost-of-living index and the amount of the minimum (and, if available, other) benefits for the whole period starting with the base year for which the retail price index equals 100 per cent (according to the report, at 30 June 2001 this index was 120.7).

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee notes the Government’s detailed report for the period ending December 2001, which contains a list of legislation amending the National Insurance and Social Security Act and Regulations. As this legislation has not been attached to the report, the Committee would like the Government to supply the latest edition of the above Act and Regulations incorporating these amendments at its earliest convenience. Meanwhile, the Committee is basing its comments on the explanations provided in the Government’s report, as well as in the attached Tenth Actuarial Report of the Operation of the Barbados National Insurance Scheme as at 31 December 1999.

2. Part X (Survivors’ benefit). Article 60, paragraph 1, of the Convention. In reply to the Committee’s previous comments concerning the provision of benefits to widows of under 50 years of age caring for dependent children of the deceased and incapable of self-support, the Government indicated that the National Insurance Board was considering the feasibility of extending the survivors’ benefit for this category of persons, and that in December 2000, there were 78 widows under 50 years of age who were in receipt of the survivors’ benefit provided for the period of one year. Those widows who will remain unemployed and incapable of self-support upon expiry of this period could be granted assistance by the Welfare Department detailed in the previous report of the Government. The Committee hopes that, taking into account the relatively small number of potential beneficiaries and the cost of the benefits and assistance already provided to them, the Government will be able to find the resources necessary to extend the survivors’ benefit to the abovementioned category of widows with dependent children, so as to give full application to this Article of the Convention. The Committee wishes to point out that this measure will also permit the Government to consider the ratification of Part IV (Survivors’ benefit) of the Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128), of which Parts II (Invalidity benefit) and III (Old-age benefit) have been already ratified by Barbados. The attention of the Government is furthermore drawn to the possibility of requesting the necessary technical assistance from the International Labour Office in assessing the financial burden on the national insurance scheme and in drafting the necessary legislation.

3. Part XI (Standards to be complied with by periodical payments), Article 65 (in conjunction with Articles 62 and 63). According to the Government’s report and section 36(1) of the National Insurance and Social Security (Benefit) Regulations, 1967, a survivors’ pension is payable where the breadwinner has satisfied the contribution conditions for the invalidity pension (having actually paid at least 150 weekly contributions), if he dies before the age of 65 years, or for the old-age pension (having a minimum 500 contributions of which 150 must have been actually paid), if he dies after the age of 65 years. Taking as the basis 50 weekly contributions per year, the contribution condition of having actually paid at least 150 weekly contributions would correspond, in terms of the Convention, to having completed a qualifying period of three years of contributions, while the condition of having 500 credited contributions would correspond to having completed a contributory period of ten years. Both qualifying conditions for survivors’ benefit in Barbados are thus much below the qualifying period of 15 years of contribution, which is required by Article 65 of the Convention for the calculation of the prescribed minimum replacement level of 40 per cent of previous earnings of the deceased breadwinner to be attained by the survivors’ benefit. In order to assess whether this level is attained in Barbados, the calculations should be based on the increased amount of the pension, which would have been granted to the breadwinner after 15 years, and not 10 years, of contributions, and the corresponding percentage of it paid to his surviving widow with two children representing a standard beneficiary for the survivors’ benefit branch. However, taking into account that survivors’ benefit equal to basic invalidity pension is payable already after three years of contribution, recourse may also be had to the provision of Article 63, paragraph 3, of the Convention, which requires only 30 per cent level of replacement.

According to the Government’s report, a basic invalidity pension is paid to a beneficiary who has between 150 and 500 weekly contributions at the rate of 40 per cent of the average annual insurable earnings in the best three contribution years. A basic pension is increased by 1 per cent for each 50 weekly contributions in excess of the first 500 contributions. The contributory period of 15 years would thus bring 250 weekly contributions in excess of the first 500 and result in the pension attaining 45 per cent of the average annual earnings. Being equal to the invalidity or old-age pension to which the deceased breadwinner would have been entitled at the moment of death, the maximum survivors’ pension corresponding to 15 years of contributions would attain the replacement level of 45 per cent. As this maximum benefit is divided between the surviving dependants (50 per cent of the pension is payable to the surviving spouse and one-sixth to each child), the standard beneficiary (widow with two children) would receive 83.3 per cent of the maximum benefit, which would correspond to the replacement level of 37.5 per cent of the breadwinner’s previous average earnings below the 40 per cent level prescribed by the Convention. However, if recourse were had to Article 63, paragraph 3, the resulting survivors’ benefit would attain the level of replacement of 33.3 per cent, thus surpassing the 30 per cent level required by this Article. The Committee would like the Government to confirm this conclusion on the basis of concrete examples of calculations of the survivors’ pension granted by the national insurance and social security scheme to the widow with two children whose breadwinner’s salary at the moment of death equalled the reference wage of the skilled manual male employee selected in accordance with Article 65, paragraph 6(b), of the Convention (the wage of Category V skilled artisan in agriculture). Please provide also updated statistics on the maximum and minimum amounts of survivors’ benefit.

4. Article 65, paragraph 10 (review of long-term benefits). In reply to the Committee’s previous comments, the Government stated that the increase in pension was not tied directly to the cost-of-living index, but reviewed on an ad hoc basis; minimum invalidity, old-age and survivors’ pensions were increased in September 1998 and October 2001. Similarly, wages in Barbados were not indexed but negotiated by trade unions and no information on the index of earnings was available. However, the Government added that consideration is being given to the method of indexation as a means used to increase periodical payments. The Committee notes that the Tenth Actuarial Report of the Operation of the Barbados National Insurance Scheme published in July 2001, has considered the effect of two different indexation policies: uprating only minimum benefits and earnings limits and uprating all benefits in payment and earnings limits in line with future increases in prices, and concluded that "if upratings are confined to increases in the minimum benefit levels rather than increases to all benefits in payment, the standard of living of the elderly will decrease relative to prices after their pensions come into payment. Their standard of living would also decrease relative to that of the working population. However, in the long term full uprating of all benefits in payment appears too expensive to contemplate without other further significant changes to the scheme" (page 3).

The Committee would like to recall in this respect that ad hoc uprating of the minimum benefit only, which is the current practice of the national insurance scheme, is not sufficient to give full effect to the abovementioned provisions of the Convention, which oblige the Government to establish a review mechanism for all long-term benefits in payment. The Convention does not require, however, the introduction of the automatic indexation of benefits, though it may be the most advanced method of adjusting the rates of the benefits to inflation and the cost of living. The ratifying States have full discretion in choosing the method of benefits adjustment most suitable to their economic system, provided that it safeguards the standard of living of the beneficiaries. The Committee would therefore urge the Government, in accordance with its obligations under Article 70(3) of the Convention, to include in the next actuarial review of the national insurance scheme, a study of different methods of adjusting all long-term benefits in payment to substantial changes in the general level of earnings and in the cost of living, with a view to giving full effect to the Convention on this point. Meanwhile, it would like the Government to supply the information requested by the report form under Title VI of Article 65 on the increases of the cost-of-living index and the amount of the minimum (and, if available, other) benefits for the whole period starting with the base year for which the retail price index equals 100 per cent (according to the report, at 30 June 2001 this index was 120.7).

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Part X (Survivors’ benefit), Article 60, paragraph 1, of the Convention. With reference to its previous comments concerning the provision of benefits to widows of under 50 years of age incapable of self-support and caring for dependent children, the Committee notes the information contained in the report on the nature, amount and eligibility requirements for the assistance provided by the Welfare Department. Nevertheless, the Committee would like the Government to consider the feasibility of ensuring social security survivors’ benefit to widows under 50 years of age with dependent children under the National Insurance and Social Security Act and Regulations, so as to give fuller application to this Article of the Convention. In the meantime, the Committee would like the Government to indicate in its next report the number of widows mentioned above who currently receive  assistance.

2. Part XI (Standards to be complied with by periodical payments), Article 66 (in conjunction with Article 62). In reply to the Committee’s previous comments concerning the recourse to Article 66 to ascertain whether the level of the minimum survivors’ benefit attains the level prescribed by the Convention, the Government provides information on  the minimum rate of benefit as well as on the minimum amount of wages for domestics, shop assistants and construction labourers, without indicating, however, which category is chosen to reflect the reference wage of an ordinary adult male labourer for the purpose of the calculation of the level of benefits. In order to be able to assess the level of the survivors’ benefit, the Committee would be grateful if the Government’s next report would include full information as requested under Titles I and IV of Article 66 of the report form on the Convention adopted by the Governing Body, specifying in particular, for the same time period, the current minimum amount of the survivors’ benefit provided to a standard beneficiary (widow with two children) and the amount of the wage (and not only minimum wage) of an ordinary adult male labourer chosen in accordance with paragraph 4 or 5 of Article 66.

3. Article 66, paragraph 8 (Review of long-term benefit). The Committee would like the Government to supply the information requested by the report form under Title VI of Article 65 as far as survivors’ benefits are concerned.

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

1. Part X (Survivors' benefit), Article 60, paragraph 1, of the Convention. With reference to its previous comments concerning the provision of benefits to widows of under 50 years of age incapable of self-support and caring for dependent children, the Committee notes the information contained in the report on the nature, amount and eligibility requirements for the assistance provided by the Welfare Department. Nevertheless, the Committee would like the Government to consider the feasibility of ensuring social security survivors' benefit to widows under 50 years of age with dependent children under the National Insurance and Social Security Act and Regulations, so as to give fuller application to this Article of the Convention. In the meantime, the Committee would like the Government to indicate in its next report the number of widows mentioned above who currently receive assistance.

2. Part XI (Standards to be complied with by periodical payments), Article 66 (in conjunction with Article 62). In reply to the Committee's previous comments concerning the recourse to Article 66 to ascertain whether the level of the minimum survivors' benefit attains the level prescribed by the Convention, the Government provides information on the minimum rate of benefit as well as on the minimum amount of wages for domestics, shop assistants and construction labourers, without indicating, however, which category is chosen to reflect the reference wage of an ordinary adult male labourer for the purpose of the calculation of the level of benefits. In order to be able to assess the level of the survivors' benefit, the Committee would be grateful if the Government's next report would include full information as requested under Titles I and IV of Article 66 of the report form on the Convention adopted by the Governing Body, specifying in particular, for the same time period, the current minimum amount of the survivors' benefit provided to a standard beneficiary (widow with two children) and the amount of the wage (and not only minimum wage) of an ordinary adult male labourer chosen in accordance with paragraph 4 or 5 of Article 66.

3. Article 66, paragraph 8 (Review of long-term benefit). The Committee would like the Government to supply the information requested by the report form under Title VI of Article 65 as far as survivors' benefits are concerned.

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Part X (Survivors' benefit), Article 60, paragraph 1. In reply to the Committee's previous comments, the Government indicates that upon expiry of the one year period provided for in Regulation 37(1)(c) of the National Insurance and Social Security Regulations of 1967, widows of under 50 years of age may apply to the Welfare Department for assistance if they are unemployed and the children continue to receive benefits. The Committee notes this information with interest.

In so far as the benefits paid to the children of the deceased breadwinner do not appear to be sufficient, on their own, to attain the level of benefit provided for in the Convention (40 per cent of the reference wage for a widow with two children), the Committee refers to Article 60, paragraph 1, of the Convention and again asks the Government to indicate whether the present economic, social and cultural conditions in Barbados are such that widows of under 50 years of age with dependent children are likely to be capable to self-support. It also asks the Government to indicate the nature and amount of the assistance provided by the Welfare Department and the requirements for eligibility for such assistance.

2. Part XI (Standards to be complied with by periodical payments), Article 66 of the Convention (in conjunction with Article 62). In its previous comments the Committee recalled that under Regulation 40 of the above-mentioned Regulations, the amount of the survivors' benefit paid to a widow with two dependent children attains 37.5 per cent of the breadwinner's average wage that is subject to contributions where the breadwinner has completed the qualifying period of 15 years of contribution provided for in Article 63, paragraph 1(a), of the Convention. Calculated in accordance with Article 65 of the Convention in conjunction with the schedule annexed to Part XI, the amount of survivors' benefit does not therefore attain, for a standard beneficiary, the level laid down in the Convention which provides that the rate of benefit for the above period of contribution should attain 40 per cent of the breadwinner's previous earnings. The Committee none the less considered that, in so far as Barbados has a minimum survivors' benefit, the Government could also avail itself of Article 66 of the Convention.

In this connection, the Committee notes with interest the minimum survivors' benefit paid to a standard beneficiary (widow with two children) communicated by the Government. It notes, however, that the Government's report does not specify the amount of the wage of the ordinary adult male labourer. The Committee is, therefore, unable to ascertain the extent to which effect is given to the provisions of Article 66 of the Convention. Accordingly, it asks the Government to state in its next report the amount of the wage of an ordinary adult male labourer selected in accordance with paragraph 4 or 5 of Article 66 of the Convention, as well as the minimum amount of survivors' benefit for the same reference period (see also the report form adopted by the Governing Body, Titles I and IV, Article 66).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. Part X (Survivors' benefit), Article 60, paragraph 1. In reply to the Committee's previous comments, the Government indicates that upon expiry of the one year period provided for in Regulation 37(1)(c) of the National Insurance and Social Security Regulations of 1967, widows of under 50 years of age may apply to the Welfare Department for assistance if they are unemployed and the children continue to receive benefits. The Committee notes this information with interest.

Insofar as the benefits paid to the children of the deceased breadwinner do not appear to be sufficient, on their own, to attain the level of benefit provided for in the Convention (40 per cent of the reference wage for a widow with two children), the Committee refers to Article 60, paragraph 1, of the Convention and again asks the Government to indicate whether the present economic, social and cultural conditions in Barbados are such that widows of under 50 years of age with dependent children are likely to be capable to self-support. It also asks the Government to indicate the nature and amount of the assistance provided by the Welfare Department and the requirements for eligibility for such assistance.

2. Part XI (Standards to be complied with by periodical payments), Article 66 of the Convention (in conjunction with Article 62). In its previous comments the Committee recalled that under Regulation 40 of the above-mentioned Regulations, the amount of the survivors' benefit paid to a widow with two dependent children attains 37.5 per cent of the breadwinner's average wage that is subject to contributions where the breadwinner has completed the qualifying period of 15 years of contribution provided for in Article 63, paragraph 1(a), of the Convention. Calculated in accordance with Article 65 of the Convention in conjunction with the schedule annexed to Part XI, the amount of survivors' benefit does not therefore attain, for a standard beneficiary, the level laid down in the Convention which provides that the rate of benefit for the above period of contribution should attain 40 per cent of the breadwinner's previous earnings. The Committee none the less considered that, insofar as Barbados has a minimum survivors' benefit, the Government could also avail itself of Article 66 of the Convention.

In this connection, the Committee notes with interest the minimum survivors' benefit paid to a standard beneficiary (widow with two children) communicated by the Government. It notes, however, that the Government's report does not specify the amount of the wage of the ordinary adult male labourer. The Committee is, therefore, unable to ascertain the extent to which effect is given to the provisions of Article 66 of the Convention. Accordingly, it asks the Government to state in its next report the amount of the wage of an ordinary adult male labourer selected in accordance with paragraph 4 or 5 of Article 66 of the Convention, as well as the minimum amount of survivors' benefit for the same reference period (see also the report form adopted by the Governing Body, Titles I and IV, Article 66).

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee takes note of the statistical data provided by the Government in reply to its previous direct request concerning Part XIV (Miscellaneous provisions), Article 76 of the Convention (in conjunction with Articles 15, 33 and 61).

2. Part X (Survivors' benefit), Article 60, paragraph 1. The Committee notes from section 37 of the National Insurance and Social Security (Benefit) Regulations, 1967, as amended, and from the information provided by the Government that widows' life pensions are only granted to widows who are invalids or are over 50 years of age. The Committee recalls in this connection that, under Article 60, paragraph 1 of the Convention, a widow's right to survivors' benefit may be made conditional on her being presumed, in accordance with national laws or regulations, to be incapable of self-support. The Committee would be grateful if the Government would indicate whether the present economic, social and cultural conditions in Barbados are such as that widows of under 50 years of age with dependent children are likely to be capable of self-support. It also asks the Government to state whether widows who do not fulfil the conditions laid down in section 37 of the above-mentioned Regulations are eligible for other benefits upon expiration of the one-year period provided for in said section 37, paragraph 1(c), if they have dependent children.

3. Part XI (Standards to be complied with by periodical payments), Article 65 or 66 of the Convention (in conjunction with Articles 16, 36 and 62). The Committee notes with interest the statistical data provided by the Government. With regard to the amount of survivors' benefit, the Committee recalls that under section 40 of the above-mentioned Regulations, the amount of the survivors' benefit paid to a widow with two dependent children attains 37.5 per cent of the breadwinner's average wage that is subject to contribution, where the breadwinner has completed the qualifying period of 15 years of contribution laid down in Article 63, paragraph 1(a), of the Convention, whereas according to Article 65 of the Convention, read in conjunction with the schedule annexed to Part XI, the rate should attain 40 per cent for the above period of contribution. The Committee none the less notes from the information provided by the Government that the minimum amount of survivors' benefit paid to a widow with two children is 58 dollars per week. In these circumstances, the Government can also avail itself of Article 66 of the Convention in calculating whether the amount of survivors' benefit attains the percentage laid down by the Convention. It therefore asks the Government to provide the information required under Titles I and IV of Article 66 of the report form adopted by the Governing Body, stating, in particular, the minimum amount of survivors' benefit paid to a standard beneficiary (widow with two children) in relation to the amount of the wage of an ordinary adult male labourer chosen in accordance with paragraph 4 or 5 of Article 66.