Social Security 2 (Minimum Standards)


Social Security 2 (Minimum Standards) :

ILO Convention No. 102 (1952) will establish, with the requisite flexibility, given the wide variety of conditions obtaining in different countries, minimum standards for benefits in the main branches of social security. The Convention deals in a single instrument with the nine main branches of social security, namely: medical care; sickness benefit: unemployment benefit: old-age benefit: employment injury benefit: family benefit: maternity benefit: invalidity benefit: and survivors benefit. Acceptance of three of these nine branches is sufficient for ratification. One at least of the three branches accepted shall be unemployment benefit, employment injury benefit, old-age benefit, invalidity benefit or survivors benefit. A ratifying Member State may subsequently accept obligations arising out of other parts of the Convention. Article 3 authorizes a certain number of temporary exceptions for a Member State whose economy and medical facilities are insufficiently developed. The Convention provides for medical care (and certain other benefits in kind in certain cases) and for cash benefits in the form of periodical payments. In addition to certain common provisions (such as definitions and administration, standards to be complied with by periodical payments, finance, and appeals), the Convention has provisions for each branch, appropriate to the definition of the contingencies covered, including minimum coverage (persons protected), the levels of benefits, their duration and the qualifying conditions for the beneficiaries. On these points, the Convention is formulated with the flexibility necessary to account for a variety of schemes and levels of development. The scope of coverage is generally determined in three ways, the choice of which rests with the ratifying State, with reference to classes of employees, classes of the economically active population, or means of residents. In the case of periodical payments, the rate of benefit is determined having regard to the level of wages in the country concerned. Thus, the Convention provides for the calculation of benefits - three formulas intended for adaptation to a variety of schemes: (a) proportional, or partially proportional benefits linked to the beneficiary's previous earnings or family support commitments (Article 65); (b) benefits set at uniform rates or benefits comprising at least a minimum rate based on the wage of an adult male labourer (Article 66); (c) benefits linked to the means of the beneficiary concerned, the amount of which benefit, where the beneficiary concerned has no other means justifying a reduction in benefit, is determined in the same way as in (b) (Article 67). Non-national residents shall have the same rights as national residents. However, special rules may be prescribed as regards benefits payable out of public funds or in respect of transitional schemes (Article 68). Benefits may be suspended in certain cases, e.g. as long as the person concerned is absent from the territory of the State, or is maintained at public expense or at the expense of a social security institution, or is guilty of a specified misconduct (Article 69). Every claimant shall have a right of appeal in case of refusal of the benefit or complaint as to its quality or quantity. The Convention has provisions with regard to the financing of benefits and provides that the ratifying State shall accept general responsibility for the due provision of the benefits and the proper administration of the institutions and services concerned. It provides that representatives of protected persons shall participate in the management of social security institutions, or be associated with them in a consultative capacity where the administration is not entrusted to an institution regulated by the public authorities or to a government department. The Convention does not apply to seafarers or sea fishermen. See: Equality of treatment (social security); Maintenance of social security rights; Social security (and free movement of workers)

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