Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

Part X (Survivors’ benefit) of the Convention, Articles 60(1) and 63(5). Scope of personal coverage and qualifying conditions. The Committee notes that, according to the Government, no amendments have been made to section 37(1) of the National Insurance and Social Security (Benefit) Regulations of 1967 (NISS Regulations of 1967). The Committee recalls that survivors’ benefits should be provided to spouses aged below 45 and caring for a child, whereas they would usually be presumed incapable of self-support in accordance with Article 60(1) of the Convention. Moreover, the Committee wishes to point out, once again, that the condition of a minimum duration of marriage for the entitlement to survivors’ benefits is only allowed in the case of childless widows, according to Article 63(5). In light of the above, the Committee requests the Government to take the necessary measures to ensure 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.

Articles 60(1) and 64. Scope of personal coverage and duration of survivors’ benefit. The Committee notes that, according to the Government, no amendments have been made to section 36(4A) of the NISS Regulations of 1967, and thus the payment of survivors’ benefits is limited to one year if the marriage was contracted after the deceased had been granted an old-age or an invalidity contributory pension and lasted more than three years. The Committee observes that, according to section 36(4) of these regulations, survivor’s benefit shall not be payable in respect of a marriage contracted after the insured person had been granted an invalidity pension or an old-age pension. The Committee considers that the condition of being married before the deceased has been granted an invalidity or an old-age pension goes beyond the requirements allowed by the Convention. In this context, the Committee requests the Government to take the necessary measures to amend section 36(4) and (4A) of the National Insurance and Social Security (Benefit) Regulations of 1967, to ensure the provision of survivors’ benefit throughout the contingency in cases of marriages contracted after the deceased person was granted an invalidity or an old-age pension.

Part XI (Standards to be complied with by periodical payments) of the Convention, Article 65, in conjunction with Articles 62 and 63. Level of survivors’ benefit. The Committee notes that, as no amendments have been made to sections 40(2) and 40(4) of the NISS Regulations of 1967, the benefits paid to surviving spouses between 45 and 50 years of age with two dependent children continue to attain a level of 26.5 per cent of the breadwinner’s previous earnings. The Committee recalls that, in systems such as Barbados’ where the qualifying period does not exceed 5 years of contributions, the replacement rate should attain at least 30 per cent, as required by Article 63(3) of the Convention. The Committee requests the Government to take the necessary measures to bring its legislation in conformity with Article 63(3) of the Convention, by ensuring thatsurvivors’ benefits paid to surviving spouses between 45 and 50 years of age with two dependent children attain a replacement rate of at least 30 per cent of the earnings of the deceased breadwinner.

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