Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) - Ireland (Ratification: 1969)

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide an overview of the issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 102 and 121 together.

Article 9(3)(a) of Convention No. 121 and Article 18(1) of Convention No. 102. Waiting period. The Committee notes with satisfaction that the number of waiting days for Injury Benefits and Illness Benefits was reduced from six to three days, in line with sections 5 and 8 of the Social Welfare Act 2020, No. 30. The Committee further notes that as of 1 January 2024, employees are entitled to a statutory paid sick leave for the first five days of incapacity for work per calendar year, as per the Sick Leave Act of 2022.

Part III (Sickness benefit), Article 17, and Part IV (Unemployment benefit), Article 23, of Convention No. 102. Length of the qualifying period. For many years, the Committee has been noting that the qualifying period of 2 years (104 weeks of pay related social insurance, PRSI) for entitlement to the Illness Benefits and Jobseeker’s Benefits is excessively long. In particular, the Committee recalled that Articles 17 and 23 of the Convention allow only “such a qualifying period as may be considered necessary to preclude abuse”. The Committee also notes that the issue of the length of the qualifying period for sickness and unemployment benefits has been raised in the context of the application of Articles 17 and 23 of the European Code of Social Security (Code) of the Council of Europe by Ireland, which has the same requirements as the Convention. In this respect, the Committee takes note that an ILO mission, requested by the Government, visited Dublin on 22 February 2024 to discuss conformity between national legislation and Articles 17 and 23 of the Code with representatives of the Department of Social Protection of the Government and the Council of Europe.

The Committee notes the Government’s indication in its report that the contribution requirements, particularly the requirement to have 104 weeks of PRSI, for entitlement to the Illness Benefits and Jobseeker’s Benefits are proportionate and appropriate given the longer payment duration of these benefits (up to two years). The Government further indicates that persons who do not qualify for the Illness Benefits and Jobseeker’s Benefits are provided with means-tested benefits under the supplementary welfare allowance scheme.

The Committee once again recalls that under Articles 17 and 23 of the Convention, the qualifying period for sickness and unemployment benefits can be established as necessary to preclude abuse, that is, to prevent the possible enrolment to the scheme for the sole purpose of acquiring entitlement to benefits. The Committee further points out that the qualifying period under Articles 17 and 23 of the Convention shall not be excessively long since it shall provide access to minimum benefits at rates and duration set out by Parts III and IV of the Convention.

While noting the objective of the national legislation to maintain a balance between the qualifying conditions and the corresponding duration of the benefit, the Committee observes that the current design of the Illness Benefits and Jobseeker’s Benefits results in obstructing access of the persons protected to the minimum benefits guaranteed by the Convention due to the excessively long qualifying period. The Committee once again strongly requests the Government to take the necessary measures to ensure that the qualifying period for the Illness Benefits and Jobseeker’s Benefits is in conformity with Articles 17 and 23 of the Convention. Taking into account the Government’s reference to the supplementary welfare allowance scheme, the Committee recalls that the Government may consider applying Parts III and IV of the Convention based on means-tested benefits and provide the necessary information, as requested by the report form for the Convention.

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

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

Article 9(3)(a) of the Convention. Waiting period for injury benefit. The Government indicates that, as part of the measures introduced over the course of the EU/ECB/IMF Programme of Support for Ireland to reduce social welfare expenditure, the waiting period for payment of injury benefit has been increased from three to six days. Recalling that, in case of incapacity for work, Article 9(3)(a) of the Convention allows a maximum three-day waiting period for the payment of the benefit, the Committee requests the Government to indicate whether it envisages decreasing the current waiting period to meet the requirements of the Convention once the economic situation of the country improves. The Committee also requests the Government to provide information on any other form of financial protection provided during the current waiting period to persons who are incapacitated for work and whose earnings are suspended as a result of an employment injury.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report contains no other information but the attached extract from the 1998 Statistical Information on Social Welfare Services published by the Department of Social, Community and Family Affairs. It wishes to remind the Government that the report to be supplied this year had to be a detailed report requested every five years and prepared according to the report form on the Convention adopted by the Governing Body of the ILO. The Committee hopes that such a detailed report will be provided by the Government for examination by the Committee at its next session in November-December 2000.