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

Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Brazil (Ratification: 1969)

Article 5 of the Convention. Payment of benefits abroad in the case of residence in other countries. In its previous comments, the Committee requested information as to concrete measures taken to implement section 312 of the Social Security Regulations (RSS), approved by Decree No. 3048 of 6 May 1999, that made the payment of benefits abroad subject to the existence of a bilateral agreement with the country of residence of the beneficiary or, in the absence of such an agreement, to the adoption of instructions to such effect by the Ministry of Insurance and Social Assistance (MPAS). The Committee recalls that, for a number of years, it has been stressing the need to give full effect to Article 5 of the Convention by guaranteeing the payment of invalidity, old-age, survivors’ benefits and death grants, and employment injury pensions to nationals and residents of countries which have ratified the Convention and which do not have such agreements with Brazil or in respect of which there have been no such instructions by the MPAS. The Committee notes with interest that according to the information submitted by the Government in its report, individual monthly transfers are used routinely for beneficiaries in 20 member States with which Brazil has signed a bilateral or a multilateral agreement. The Committee requests the Government to continue providing information as to concrete measures taken to implement section 312 of the RSS to guarantee the provision of the benefits abroad to its own nationals and to the nationals of any other member State which has accepted the obligations of the Convention, irrespective of the country of residence of the beneficiary concerned, with a view to ensure full conformity with Article 5 of the Convention.