Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Irlanda

Convenio sobre la seguridad social (norma mínima), 1952 (núm. 102) (Ratificación : 1968)
Convenio sobre las prestaciones en caso de accidentes del trabajo y enfermedades profesionales, 1964 [Cuadro I modificado en 1980] (núm. 121) (Ratificación : 1969)

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.