Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Italy (RATIFICATION: 1967)

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Articles 3 and 4(1) of the Convention. Branch (c) maternity benefit, (Article 2). In accordance with Article 75 of Legislative Decree No. 151 of 26 March 2001 “Consolidated Act of legislative provisions for protecting and upholding maternity and paternity rights, pursuant to Article 15 of the Act of 8 March 2000, No. 53”, the maternity allowance for non-standard and discontinuous occupations is granted to women with at least three months of contributions. The Government indicates that the allowance is provided to Italians, European Union nationals and third-country nationals in possession of a European Union long-term residence permit. In accordance with Decree No. 3 of 8 January 2007, on implementation of Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents, the European Union long-term permit is issued to persons who have been legally resident in Italy for at least five years. The Committee recalls that, as prescribed by Articles 3 and 4(1) of the Convention, nationals of member States which have accepted the same branch of social security shall be granted equality of treatment with Italian nationals, both as regards coverage and the right to benefit, without any condition of residence. The Committee therefore requests the Government to ensure that the maternity allowance for non-standard and discontinuous occupations is granted to third-country nationals of member States which have accepted branch (c) maternity benefit of the Convention, namely Bangladesh, Barbados, Plurinational State of Bolivia, Brazil, Cabo Verde, Central African Republic, Ecuador, Egypt, Guatemala, Guinea, India, Iraq, Israel, Jordan, Libya, Madagascar, Mexico, Pakistan, Philippines, Tunisia, Uruguay and Bolivarian Republic of Venezuela, on conditions equal to those applicable to Italian nationals.

Articles 3 and 4(1). Branch (h) unemployment benefit, Article 2. Seasonal workers. The Government indicates that through Legislative Decree No. 22 of 4 March 2015 “Provisions for reforming regulations concerning a social safety net in case of involuntary unemployment and reintegration of unemployed workers, pursuant to Act No. 183 of 10 December 2014” the New Social Employment Insurance (NASpl) unemployment benefit was introduced. The Government further indicates that the NASpl unemployment benefit does not cover third-country workers with residence permits for seasonal work. The Committee recalls that in accordance with Articles 3 and 4(1) of the Convention, nationals of member States which have accepted the same branch of social security shall be granted equality of treatment with Italian nationals, both as regards coverage and the right to benefit, without any condition of residence. The Committee therefore requests the Government to ensure that the NASpl unemployment benefit is granted to third-country workers with seasonal residence permits who are nationals of member States which have accepted branch (h) unemployment benefit of the Convention, namely Egypt, Libya and Uruguay, under conditions equal to those applicable to Italian nationals. It further requests the Government to supply statistical data on the number of seasonal workers from Egypt, Libya and Uruguay.

Article 6. Branch (i) family benefit, Article 2. The Government indicates that the family allowance (Assegno per il nucleo familiare, ANF) regulated by Act No. 153/1988 is provided to families of employed, self-employed, domestic and agricultural workers, retired employees and recipients of unemployment benefits whose income is below the annually established income bands. The Government further states that the family allowance is granted to, among others, third-country workers for family members residing in Italy or on the territory of a State with whom a social security agreement has been concluded. In case of an absence of a social security agreement, the family allowance is granted to third-country workers if a family member resides in Italy. The Committee notes the list of non-European Union countries with whom social security agreements have been concluded. The Committee recalls that Article 6 of the Convention requires family benefits to be granted to the nationals of any other Member which has accepted branch (i) family benefit of the Convention, in respect of children who reside on the territory of any such Member. The Committee therefore requests the Government to ensure the provision of the family allowance to workers who are nationals of non-European Union member States which have accepted the obligations of the Convention for branch (i) family benefit but have not concluded a social security agreement, namely Central African Republic, Guinea, Israel, Libya, Mauritania and Plurinational State of Bolivia, in respect of children who reside on the territory of any such Member.

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The Committee notes the Government’s report and also the comments and observations from the Italian Labour Union and the General Confederation of Labour of Italy, dated 19 September 2011 and 17 October 2011, respectively, which were sent to the Government for comment. The Committee also notes that the Government’s reply to the observations of the abovementioned trade union organizations, has been received on 25 November 2011. Because all this information is in Italian and requires translation, the Committee has decided to examine all the elements in the file, especially in the light of the issues raised in its observation of 2006, at its next session in November–December 2012. The Committee hopes that, for this occasion, the Government will also supply additional information on the incorporation into Italian law of new Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, which has the effect of extending the principle of equality of treatment with nationals of the European Union (EU) to nationals of third countries residing legally in the EU whose situation links them to several Member States.

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In 2006, the Government was requested to submit a detailed report on the application of the Convention for the previous five-year period in accordance with the report form adopted by the Governing Body of the ILO. The Committee notes that the report received in 2006 contained only the Government’s reply to the Committee’s previous comments. It hopes that a detailed report will be supplied for examination at the next session of the Committee in November–December 2008 and that it will also contain the Government’s reply to the observations of the Italian Confederation of Labour (CGIL), which were attached to the report.

[The Government is asked to report in detail in 2008.]

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 5 of the Convention (branch (e)) (old-age benefit). Referring to its observation and the comments received from the CGIL, the Committee notes the Government’s statement concerning the non-exportability of the social allowance (assegno sociale) provided for in section 3, paragraph 6, of the Act of 8 August 1995. The Committee recalls, in this respect, that this benefit falls within the scope of EEC Regulation No. 1408/71, but has been included in Annex II (bis) as a special non-contributory benefit. As far as Convention No. 118 is concerned, payment of this type of benefit in the event of residence abroad may be made subject, under Article 5, paragraph 2, to the participation of the Members concerned in schemes for the maintenance of rights, as provided for in Article 7 of the Convention. The Committee therefore expresses the hope that the Government will provide information on any new developments in this respect in its future reports.

2. Article 6 of the Convention (branch (i)) (family benefits). In its previous comments, the Committee noted that under the terms of the Legislative Decree of
13 March 1988, as amended, and in particular its section 2, paragraph 6(a), family allowances are payable to a foreign worker employed in Italy for dependants living abroad, if the State of which he or she is a national has a reciprocity arrangement for Italian nationals, as well as in the cases provided for by an international convention on family assistance. In its previous report, the Government stated that a number of social security agreements covering family allowances had been concluded with Argentina, Brazil, Cape Verde, Liechtenstein, San Marino, Switzerland, Tunisia and Uruguay. As a Member of the European Union, Italy is also bound by EEC Regulations Nos. 1408/71 and 574/72. New agreements have been concluded, according to the Government’s report with Slovenia, the former Republic of Macedonia, Latvia, Romania and Austria (countries which however are not bound by Convention No. 118).

As regards nationals of countries which have not concluded an international convention or a bilateral agreement covering family benefit with Italy, it was decided, according to the information previously supplied by the Government, that applicability of the reciprocity principle to such countries would be established on a case-by-case basis, each time a request for family benefit is submitted by a foreign national with respect to his family members residing abroad.

It appears, from the information provided by the CGIL, that this situation has not been changed, in practice, by section 1 of Presidential Decree No. 394 of 31 August 1999, which provides that a condition of reciprocity shall not apply to foreigners holding a residence card or a residence permit for the purpose of employment or self-employment, in view of the decision taken by the competent Ministries of Employment, Finance and Foreign Affairs, following a request for clarification by the INPS.

The Committee recalls that, under Article 6 of the Convention, the Government shall guarantee the granting of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for that branch (at present Bolivia, Cape Verde, Central African Republic, France, Guinea, Ireland, Israel, Libyan Arab Jamahiriya, Mauritania, Netherlands, Norway, Philippines, Tunisia and Uruguay) in respect of children who reside on the territory of any such Member.

In these circumstances, the Committee would like the Government to give detailed information on the impact of section 1 of Presidential Decree No. 394 of 1999 on the implementation of the principle of reciprocity referred to above. It once again expresses the hope that, in regard to the nationals of member States which have accepted the obligations of the Convention for branch (i), but who are not covered by a bilateral agreement concluded with Italy or by EEC Regulations, the necessary measures will be taken by the Government to ensure that such nationals are automatically regarded as fulfilling the reciprocity condition when their applications for family allowances in respect of children who reside abroad are examined, in accordance with Article 6 of the Convention. The Committee also hopes that the Government will be able to draw up instructions or circulars to that effect for the attention of the competent social security institutions responsible for examining the applications of the persons concerned for family allowances.

Articles 7 and 8. The Committee would like the Government to continue to supply information on any future bilateral agreements concluded or negotiated with countries which have ratified the Convention and, in particular, with countries whose nationals work in Italy.

Finally, the Committee would be grateful if the Government would continue to supply statistics on the number, by nationality, of foreign workers employed in Italy.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous observation, which read as follows:

1. Articles 3, 4 and 10, paragraph 1, of the Convention. (a) The Committee notes from the information provided by the Government and the General Confederation of Labour (CGIL) that seasonal workers, who – by virtue of section 5, paragraph 3(b), of Legislative Decree No. 286 of 25 July 1998 (Testo unico) – are entitled to a temporary work permit for not more than six or, in special cases, nine months, are no longer covered by the unemployment insurance and family benefit schemes. However, their employer is obliged to pay his share of the corresponding contributions to the National Fund for Migration Policies which provides welfare services to non-Community workers (sections 25 and 45 of Legislative Decree No. 286).

In this respect, the Committee is bound to refer to Articles 3 and 4, paragraph 1, of the Convention under which nationals of a member State which has also ratified the Convention shall be granted equality of treatment with Italian nationals as regards both coverage and the right to benefits in respect of every branch of social security for which Italy has accepted the obligations of the Convention, without any condition of residence. As Italy has accepted the obligations of the Convention for branches (h) – unemployment benefit and (i) – family benefit, the Committee hopes that the Government will indicate in its next report the measures taken or envisaged to ensure that seasonal workers who are not nationals of a member State of the European Union or the European Economic Area, but are nationals of a State which has ratified the Convention (Bangladesh, Barbados, Bolivia, Brazil, Cape Verde, Central African Republic, Democratic Republic of the Congo, Ecuador, Egypt, Guinea, Guatemala, Iraq, India, Israel, Jordan, Kenya, Libyan Arab Jamahiriya, Madagascar, Mauritania, Mexico, Pakistan, Philippines, Rwanda, Suriname, Syrian Arab Republic, Tunisia, Turkey, Uruguay, Venezuela), as well as refugees and stateless persons, are also granted access to unemployment and family benefits under the same conditions which apply to Italian nationals.

(b) The Committee also notes from the above information that non-Community women workers, in the case of births occurring after 1 July 2000, are entitled to maternity benefit provided by the INPS only if they hold a residence card. The Committee understands from section 9 of Legislative Decree No. 286 of 25 July 1988, that a residence card can only be obtained after at least five years of legal residence in Italy. Such a condition is contrary to Articles 3 and 4, paragraph 1, of the Convention. The Committee would like the Government to indicate in its next report the measures taken or contemplated to ensure that the maternity benefits provided by the INPS are granted to non‑nationals covered by Article 3, paragraph 1, of the Convention, as well as to refugees and stateless persons, under the same conditions as for nationals.

(c) The Committee notes from the information provided by the Government and the CGIL that foreigners residing in Italy who are not nationals of one of the member States of the European Union or the European Economic Area are, by virtue of section 80(19) of the 2001 Finance Act, No. 388 of 2000, no longer entitled to certain benefits such as the benefits for civilian invalids, the blind and deaf mutes, the social allowance (l’assegno sociale), the maternity benefit provided by the communes and the benefit for households with at least three children unless they are holders of a residence card.

The Committee observes that all the above benefits, although means-tested, are nevertheless social security benefits within the meaning of the Convention. It recalls that under Article 1(b) of the Convention, the term “benefits” refers to all benefits, grants and pensions, including any supplements or increments and that, in accordance with Article 2, the Convention covers all branches of social security. The Convention therefore applies to all social security benefits whether they are financed by contributions or by the general tax system. Only public assistance is excluded from the scope of the Convention under Article 10, paragraph 2.

(d) Paragraph 2(a) to (c) of Article 4 of the Convention, however, provides some flexibility with regard to the principle of equality of treatment, by allowing the national legislation to submit non-contributory benefits within the meaning of Article 2, paragraph 6(a), of the Convention, i.e. “benefits other than those the granting of which depends either on direct financial participation by the persons protected or the employer, or on a qualifying period of occupational activity”, to a condition of length of residence, which shall not exceed a period of six months for maternity benefit and unemployment benefit; five consecutive years for invalidity or survivors’ benefit; and ten years, including five consecutive years, for old‑age benefit. It therefore appears that the requirement imposed upon non-Community foreign nationals to hold a residence card for certain non-contributory benefits can be considered as acceptable under Article 4, paragraph 2(b) and (c), in the case of the benefit for civilian invalids, the blind and deaf mutes, as well as the social allowance (assegno sociale). On the other hand, such a requirement may not be acceptable under the Convention for maternity benefit provided by the communes and benefit for households with at least three children since, under Article 4, paragraph 2, no condition of residence specific to foreign nationals can be imposed for family benefits, and the residence requirements admissible for maternity benefit is only six months. The Committee therefore requests the Government to indicate in its next report the measures it has taken or envisaged to ensure full application of the Convention on this point.

(e) The Committee notes that the supplementary contribution of 0.5 per cent payable by non‑Community migrant workers to a special fund in the INPS was abolished with effect from January 2000.

2. As regards the provision of social security benefits in case of residence abroad (Articles 5 to 8 of the Convention), the Committee refers to the request it is addressing directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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1. Article 5 of the Convention (branch (e)) (old-age benefit). Referring to its observation and the comments received from the CGIL, the Committee notes the Government’s statement concerning the non-exportability of the social allowance (assegno sociale) provided for in section 3, paragraph 6, of the Act of 8 August 1995. The Committee recalls, in this respect, that this benefit falls within the scope of EEC Regulation No. 1408/71, but has been included in Annex II (bis) as a special non-contributory benefit. As far as Convention No. 118 is concerned, payment of this type of benefit in the event of residence abroad may be made subject, under Article 5, paragraph 2, to the participation of the Members concerned in schemes for the maintenance of rights, as provided for in Article 7 of the Convention. The Committee therefore expresses the hope that the Government will provide information on any new developments in this respect in its future reports.

2. Article 6 of the Convention (branch (i)) (family benefits). In its previous comments, the Committee noted that under the terms of the Legislative Decree of 13 March 1988, as amended, and in particular its section 2, paragraph 6(a), family allowances are payable to a foreign worker employed in Italy for dependants living abroad, if the State of which he or she is a national has a reciprocity arrangement for Italian nationals, as well as in the cases provided for by an international convention on family assistance. In its previous report, the Government stated that a number of social security agreements covering family allowances had been concluded with Argentina, Brazil, Cape Verde, Liechtenstein, San Marino, Switzerland, Tunisia and Uruguay. As a Member of the European Union, Italy is also bound by EEC Regulations Nos. 1408/71 and 574/72. New agreements have been concluded, according to the Government’s report with Slovenia, the former Republic of Macedonia, Latvia, Romania and Austria (countries which however are not bound by Convention No. 118).

As regards nationals of countries which have not concluded an international convention or a bilateral agreement covering family benefit with Italy, it was decided, according to the information previously supplied by the Government, that applicability of the reciprocity principle to such countries would be established on a case-by-case basis, each time a request for family benefit is submitted by a foreign national with respect to his family members residing abroad.

It appears, from the information provided by the CGIL, that this situation has not been changed, in practice, by section 1 of Presidential Decree No. 394 of 31 August 1999, which provides that a condition of reciprocity shall not apply to foreigners holding a residence card or a residence permit for the purpose of employment or self-employment, in view of the decision taken by the competent Ministries of Employment, Finance and Foreign Affairs, following a request for clarification by the INPS.

The Committee recalls that, under Article 6 of the Convention, the Government shall guarantee the granting of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for that branch (at present Bolivia, Cape Verde, Central African Republic, France, Guinea, Ireland, Israel, Libyan Arab Jamahiriya, Mauritania, Netherlands, Norway, Philippines, Tunisia and Uruguay) in respect of children who reside on the territory of any such Member.

In these circumstances, the Committee would like the Government to give detailed information on the impact of section 1 of Presidential Decree No. 394 of 1999 on the implementation of the principle of reciprocity referred to above. It once again expresses the hope that, in regard to the nationals of member States which have accepted the obligations of the Convention for branch (i), but who are not covered by a bilateral agreement concluded with Italy or by EEC Regulations, the necessary measures will be taken by the Government to ensure that such nationals are automatically regarded as fulfilling the reciprocity condition when their applications for family allowances in respect of children who reside abroad are examined, in accordance with Article 6 of the Convention. The Committee also hopes that the Government will be able to draw up instructions or circulars to that effect for the attention of the competent social security institutions responsible for examining the applications of the persons concerned for family allowances.

Articles 7 and 8. The Committee would like the Government to continue to supply information on any future bilateral agreements concluded or negotiated with countries which have ratified the Convention and, in particular, with countries whose nationals work in Italy.

Finally, the Committee would be grateful if the Government would continue to supply statistics on the number, by nationality, of foreign workers employed in Italy.

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The Committee notes the detailed information provided by the Government and the observations made by the Italian General Confederation of Labour (CGIL) and the Italian General Confederation of Commerce, Tourism and Services (Confcomercio). It would like to draw the Government’s attention to the following points.

1. Articles 3, 4 and 10, paragraph 1, of the Convention.

 (a) The Committee notes from the information provided by the Government and  the CGIL that seasonal workers, who - by virtue of section 5, paragraph 3(b),of Legislative Decree No. 286 of 25 July 1998 (Testo unico) - are entitled to a temporary work permit for not more than six or, in special cases, nine months, are no longer covered by the unemployment insurance and family benefit schemes. However, their employer is obliged to pay his share of the corresponding contributions to the National Fund for Migration Policies which provides welfare services to non-Community workers (sections 25 and 45 of Legislative Decree No. 286).

In this respect, the Committee is bound to refer to Articles 3 and 4, paragraph 1, of the Convention under which nationals of a member State which has also ratified the Convention shall be granted equality of treatment with Italian nationals as regards both coverage and the right to benefits in respect of every branch of social security for which Italy has accepted the obligations of the Convention, without any condition of residence. As Italy has accepted the obligations of the Convention for branches (h) - unemployment benefit and (i) - family benefit, the Committee hopes that the Government will indicate in its next report the measures taken or envisaged to ensure that seasonal workers who are not nationals of a member State of the European Union or the European Economic Area, but are nationals of a State which has ratified the Convention (Bangladesh, Barbados, Bolivia, Brazil, Cape Verde, Central African Republic, Democratic Republic of the Congo, Ecuador, Egypt, Guinea, Guatemala, Iraq, India, Israel, Jordan, Kenya, Libyan Arab Jamahiriya, Madagascar, Mauritania, Mexico, Pakistan, Philippines, Rwanda, Suriname, Syrian Arab Republic, Tunisia, Turkey, Uruguay, Venezuela), as well as refugees and stateless persons, are also granted access to unemployment and family benefits under the same conditions which apply to Italian nationals.

(b)  The Committee also notes from the above information that non-Community women workers, in the case of births occurring after 1 July 2000, are entitled to maternity benefit provided by the INPS only if they hold a residence card. The Committee understands from section 9 of Legislative Decree No. 286 of 25 July 1988, that a residence card can only be obtained after at least five years of legal residence in Italy. Such a condition is contrary to Articles 3 and 4, paragraph 1, of the Convention. The Committee would like the Government to indicate in its next report the measures taken or contemplated to ensure that the maternity benefits provided by the INPS are granted to non-nationals covered by Article 3, paragraph 1, of the Convention, as well as to refugees and stateless persons, under the same conditions as for nationals.

(c)  The Committee notes from the information provided by the Government and the CGIL that foreigners residing in Italy who are not nationals of one of the member States of the European Union or the European Economic Area are, by virtue of section 80(19) of the 2001 Finance Act, No. 388 of 2000, no longer entitled to certain benefits such as the benefits for civilian invalids, the blind and deaf mutes, the social allowance (l’assegno sociale), the maternity benefit provided by the communes and the benefit for households with at least three children unless they are holders of a residence card.

The Committee observes that all the abovementioned benefits, although means-tested, are nevertheless social security benefits within the meaning of the Convention. It recalls that under Article 1(b) of the Convention, the term "benefits" refers to all benefits, grants and pensions, including any supplements or increments and that, in accordance with Article 2, the Convention covers all branches of social security. The Convention therefore applies to all social security benefits whether they are financed by contributions or by the general tax system. Only public assistance is excluded from the scope of the Convention under Article 10, paragraph 2.

(d)  Paragraph 2(a) to (c) of Article 4 of the Convention, however, provides some flexibility with regard to the principle of equality of treatment, by allowing the national legislation to submit non-contributory benefits within the meaning of Article 2, paragraph 6(a),of the Convention, i.e. "benefits other than those the granting of which depends either on direct financial participation by the persons protected or the employer, or on a qualifying period of occupational activity", to a condition of length of residence, which shall not exceed a period of six months for maternity benefit and unemployment benefit; five consecutive years for invalidity or survivors’ benefit; and ten years, including five consecutive years, for old-age benefit. It therefore appears that the requirement imposed upon non-Community foreign nationals to hold a residence card for certain non-contributory benefits can be considered as acceptable under Article 4, paragraph 2(b) and (c), in the case ofthe benefit for civilian invalids, the blind and deaf mutes, as well as the social allowance (assegno sociale). On the other hand, such a requirement may not be acceptable under the Convention for maternity benefit provided by the communes and benefit for households with at least three children since, under Article 4, paragraph 2, no condition of residence specific to foreign nationals can be imposed for family benefits, and the residence requirements admissible for maternity benefit is only six months. The Committee therefore requests the Government to indicate in its next report the measures it has taken or envisaged to ensure full application of the Convention on this point.

(e)  The Committee notes that the supplementary contribution of 0.5 per cent payable by non-Community migrant workers to a special fund in the INPS was abolished with effect from January 2000.

2. As regards the provision of social security benefits in case of residence abroad (Articles 5 to 8 of the Convention), the Committee refers to the request it is addressing directly to the Government.

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1.  Article 5 of the Convention (branch (e)) (old-age benefit).  Referring to its observation, the Committee notes the Government’s statement concerning the non-exportability of the social allowance ("assegno sociale") provided for in section 3, paragraph 6, of the Act of 8 August 1995. The Committee notes, in this respect, that this benefit falls within the scope of EEC Regulation No. 1408/71, but has been included in Annex II(a) as a special non-contributory benefit. It recalls, however, that as far as Convention No. 118 is concerned, payment of this type of benefit in the event of residence abroad may be made subject, under Article 5, paragraph 2, to the participation of the Members concerned in schemes for the maintenance of rights, as provided for in Article 7 of the Convention. The Committee therefore expresses the hope that the Government will provide information on any new developments in this respect in its future reports.

2.  Article 6 of the Convention (branch (i)) (family benefits).  In its previous comments, the Committee noted that under the terms of the Legislative Decree of 13 March 1988, as amended, and in particular its section 6bis, family allowances are payable to a foreign worker employed in Italy for dependants living abroad, if the State of which he or she is a national has a reciprocal system for Italian nationals, as well as in the cases provided for by an international convention on family assistance. In its previous report, the Government stated that a number of social security agreements covering family allowances had been concluded with Argentina, Brazil, Cape Verde, Liechtenstein, San Marino, Switzerland, Tunisia and Uruguay. It also referred to EEC Regulations Nos. 1408/71 and 574/72. New agreements are, according to the Government’s last report, being negotiated with Senegal, Morocco, Poland, Romania, Slovakia, Slovenia and Croatia (countries which however are not bound by Convention No. 118).

As regards nationals of countries which have not concluded with Italy an international convention or a bilateral agreement covering family benefit, it was decided, according to the information previously supplied by the Government, that applicability of the reciprocity principle to such countries would be established on a case-by-case basis, each time a request for family benefit is submitted by a foreign national with respect to his family members residing abroad.

The Committee recalls that, under Article 6 of the Convention, the Government shall guarantee the grant of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for that branch (at present Bolivia, Cape Verde, Central African Republic, France, Guinea, Ireland, Israel, Libyan Arab Jamahiriya, Mauritania, Netherlands, Norway, Philippines, Tunisia and Uruguay) in respect of children who reside on the territory of any such Member.

In these circumstances, the Committee once again expresses the hope that, in regard to the nationals of member States which have accepted the obligations of the Convention for branch (i), but who are not covered by a bilateral agreement concluded with Italy or by EEC Regulations, the necessary measures will be taken by the Government to ensure that such nationals would be automatically regarded as covered by a reciprocal system when their applications for family allowances in respect of children who reside abroad are examined, in accordance with Article 6 of the Convention. It also hopes that the Government will be able to draw up instructions or circulars to that effect for the attention of the competent social security institutions responsible for examining the applications of the persons concerned for family allowances.

Articles 7 and 8.  The Committee would like the Government to continue to supply information on any future bilateral agreements concluded or negotiated with countries which have ratified the Convention in respect of branch (i) and, in particular, with countries whose nationals work in Italy.

Finally, the Committee would be grateful if the Government would supply statistics on the number, by nationality, of foreign workers employed in Italy.

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Article 6 of the Convention, branch (i) (Family benefits). In its previous comments, the Committee noted that under the terms of the Legislative Decree of 13 March 1988, as amended, and in particular its section 6bis, family allowances are payable to a foreign worker employed in Italy for dependants living abroad, if the State of which they are nationals has a reciprocal system for Italian nationals, as well as in the cases provided for by an international convention on family assistance. In its previous report, the Government stated that a number of social security agreements covering family allowances had been concluded with Argentina, Brazil, Cape Verde, Liechtenstein, San Marino, Switzerland, Tunisia and Uruguay. It also refers to European Community Regulations Nos. 1408/71 and 574/72. No new agreements, however, have been negotiated or ratified during the period covered by the Government's latest report. As regards nationals of countries which have not concluded with Italy an international convention or a bilateral agreement covering family benefit, it was decided, according to the information previously supplied by the Government, that applicability of the reciprocity principle to such countries would be established on a case-by-case basis, each time when a request of family benefit is submitted by a foreign national with respect to his family members residing abroad.

The Committee points out that, under Article 6 of the Convention, the Government has undertaken to guarantee the grant of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for that branch (at present Bolivia, Cape Verde, Central African Republic, France, Guinea, Ireland, Israel, Libyan Arab Jamahiriya, Mauritania, Netherlands, Norway, Tunisia and Uruguay) in respect of children who reside on the territory of any such Member.

In these circumstances, the Committee hopes that, in regard to the nationals of member States which have accepted the obligations of the Convention for branch (i), but who are not covered by a bilateral agreement concluded with Italy or by European Community Regulations, the necessary measures will be taken by the Government to ensure that such nationals would be automatically regarded as covered by a reciprocal system when their applications for family allowances in respect of children who reside abroad are examined, in accordance with Article 6 of the Convention. It also hopes that the Government will be able to draw up instructions or circulars to that effect for the attention of the competent social security institutions responsible for examining the applications of the persons concerned for family allowances.

Articles 7 and 8. The Committee would like the the Government to continue to supply information on any future bilateral agreements concluded or negotiated with countries which have ratified the Convention in respect of branch (i) and, in particular, with countries whose nationals work in Italy.

Finally, the Committee would be grateful if the Government would supply statistics on the number, by nationality, of foreign workers employed in Italy.

[The Government is requested to send a detailed report in 1999.]

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Articles 3, 5 and 10, paragraph 1, of the Convention, branch (e) (old-age benefit). Further to its previous comments, the Committee notes from the Government's report that the social allowance ("assegno sociale") provided in section 3, paragraph 6, of the Law of 8 August 1995, which has replaced the social pension, is a means tested benefit paid only to Italian citizens over 65 years of age residing in Italy. Recalling the importance of the principle of equality of treatment as provided for in the aforementioned Articles of the Convention, the Committee hopes that the Government's next report will indicate what measures have been taken or are contemplated:

(a) to grant the right to this benefit, in accordance with Articles 3 and 10, paragraph 1, of the Convention, to the nationals of the other member States for which the Convention is in force in this respect of this branch and to refugees and stateless persons (without prejudice, as the case may be, to the Government's option to have recourse to Article 4, paragraph 2(c), of the Convention);

(b) to ensure the payment of "social allowance", in case of residence abroad, both to Italian nationals and to nationals of any other member State which has accepted the obligations of the Convention for branch (e) as well as to refugees and stateless persons (without prejudice to the Government's option to have recourse to Article 5, paragraph 2, so as to subject the payment of this benefit to participation of the Members concerned in schemes for the maintenance of rights, as provided for in Article 7 of the Convention).

[The Government is asked to report in detail in 1999.]

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The Committee hopes that the Government will not fail to supply a report containing full information on the matters raised in its previous direct request, which read as follows:

Article 6 of the Convention, branch (i) (Family benefit). In its previous comments, the Committee asked the Government to indicate what States were regarded as providing a reciprocal system for the payment of family allowances. The Government indicates in its report that, having regard to the complexity of the research required, States applying the principle of reciprocity will be identified case by case whenever a foreign national submits an application for family allowances in respect of members of his family who reside abroad in countries that have not concluded international agreements on family benefit with Italy.

The Committee points out that, under this Article of the Convention, the Government has undertaken to guarantee the grant of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for that branch (at present Bolivia, Cape Verde, Central African Republic, France, Guinea, Ireland, Israel, Libyan Arab Jamahiriya, Mauritania, Netherlands, Norway, Tunisia, Uruguay and Viet Nam) in respect of children who reside on the territory of any such Member.

In these circumstances, the Committee would be grateful if the Government would indicate whether and, if so, under what conditions and within what limits the bilateral agreements concluded by Italy concerning family benefits guarantee both to Italian nationals and to nationals of member States which have accepted branch (i) (Family benefit) the grant of family allowances in respect of children who reside on the territory of any such Member. So far as the nationals of other Members which have accepted the obligations of the Convention for this branch but have not yet concluded bilateral agreements with Italy are concerned, the Committee hopes that the necessary measures will be taken for such nationals to be automatically regarded as covered by a reciprocal system when their applications for family allowances in respect of children who reside abroad are examined, so as to ensure the application of Article 6 of the Convention. It also hopes that the Government will be able to draw up instructions or circulars to that effect for the attention of the competent social security institutions responsible for examining the applications of the persons concerned for family allowances.

Articles 7 and 8. The Committee has taken note of the bilateral social security agreements concluded by Italy. It would be grateful if the Government would continue to indicate all such new agreements as may be concluded with countries for which the present Convention is in force and in particular with countries of emigration whose nationals work in Italy.

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Articles 3, 5 and 10, paragraph 1, of the Convention, branch (e) (old-age benefit). In its previous comments the Committee had referred to the issue of the "social pension" to which Italian citizens are entitled when they are above the age of 65 years and satisfy certain means criteria, under the terms of section 26 of Law No. 153 of 30 April 1969. In its reply the Government states that, on the basis of the principle of equality laid down in Article 7 of the Treaty of Rome and following the European Community Court of Justice Judgment of 5 May 1983 and the European Community Regulation No. 1247 of 30 April 1992, the payment of the "social pension" will be guaranteed within the country to all citizens of the Member States of the EEC. The Committee notes this information. It once again expresses the hope that the Government will further reconsider its position in regard to the "social pension" with a view:

(a) to granting the right to this benefit, in accordance with Articles 3 and 10, paragraph 1, of the Convention, to the nationals of the other Member States for which the Convention is in force and to refugees and stateless persons (without prejudice, as the case may be, to the Government's option to have recourse to Article 4, paragraph 2(c) of the Convention);

(b) to ensuring the payment of "social pension", in case of residence abroad, both to Italian nationals and to nationals of any other Member State which has accepted the obligations of the Convention for branch (e) as well as to refugees and stateless persons (without prejudice to the Government's option to have recourse to Article 5, paragraph 2, so as to subordinate the payment of this benefit to participation of the Members concerned in schemes for the maintenance of rights, as provided for in Article 7 of the Convention).

The Committee asks the Government to indicate progress made in this respect in its next report.

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The Committee has taken note of the information supplied by the Government in its report and of the statistical tables on foreign workers in Italy.

Article 6 of the Convention, branch (i) (Family benefit). In its previous comments, the Committee asked the Government to indicate what States were regarded as providing a reciprocal system for the payment of family allowances. The Government indicates in its report that, having regard to the complexity of the research required, States applying the principle of reciprocity will be identified case by case whenever a foreign national submits an application for family allowances in respect of members of his family who reside abroad in countries that have not concluded international agreements on family benefit with Italy.

The Committee points out that, under this Article of the Convention, the Government has undertaken to guarantee the grant of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for that branch (at present Bolivia, Cape Verde, Central African Republic, France, Guinea, Ireland, Israel, Libyan Arab Jamahiriya, Mauritania, Netherlands, Norway, Tunisia, Uruguay and Viet Nam) in respect of children who reside on the territory of any such Member.

In these circumstances, the Committee would be grateful if the Government would indicate whether and, if so, under what conditions and within what limits the bilateral agreements concluded by Italy concerning family benefits guarantee both to Italian nationals and to nationals of member States which have accepted branch (i) (Family benefit) the grant of family allowances in respect of children who reside on the territory of any such Member. So far as the nationals of other Members which have accepted the obligations of the Convention for this branch but have not yet concluded bilateral agreements with Italy are concerned, the Committee hopes that the necessary measures will be taken for such nationals to be automatically regarded as covered by a reciprocal system when their applications for family allowances in respect of children who reside abroad are examined, so as to ensure the application of Article 6 of the Convention. It also hopes that the Government will be able to draw up instructions or circulars to that effect for the attention of the competent social security institutions responsible for examining the applications of the persons concerned for family allowances.

Articles 7 and 8. The Committee has taken note of the bilateral social security agreements concluded by Italy. It would be grateful if the Government would continue to indicate all such new agreements as may be concluded with countries for which the present Convention is in force and in particular with countries of emigration whose nationals work in Italy.

[The Government is asked to report in detail for the period ending 30 June 1993.]

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Articles 3, 5 and 10, paragraph 1, of the Convention (branch e: old-age benefit). In reply to the Committee's previous comments concerning the nature of the "social pension" to which Italian citizens are entitled who are above the age of 65 years and who satisfy certain means criteria, under the terms of article 26 of Law No. 153 of 30 April 1969, the Government maintains its position according to which this pension, being entirely financed by the State, has the character of an assistance payment and therefore falls outside the scope of social security. In this situation the Committee cannot but once again draw the Government's attention to the fact that the "social pension" in question has to be considered as falling under the purview of the Convention since the payment of this benefit is automatically guaranteed if the required condition of the means test is satisfied; it is therefore not a benefit excluded from the scope of the application of the Convention, but is a non-contributory social security benefit of the type indicated in Article 2, paragraph 6(a), of the Convention.

The Committee has nevertheless noted with interest that, according to the information supplied by the Government, problems related to the nature of the "social pension" are now the subject of the discussion at the level of the European Community and also that the reorganisation of the whole system of pensions is under way at the national level. It therefore once again expresses the hope that the Government will reconsider its position in regard to the nature of the social pension with a view to applying the Convention and that it will indicate progress made in this respect in its next report.

[The Government is asked to report in detail for the period ending 30 June 1993.]

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The Committee notes the information supplied by the Government in its report for the period ending 30 June 1989.

Article 6 of the Convention, branch (i) (family benefit). The Committee notes that section 32 of Law No. 155 of 23 April 1981 provides that family allowances are due to foreign workers employed in Italy on behalf of persons residing abroad if the State of which they are nationals provides a reciprocal system in favour of Italian nationals and the Ministry of Labour and Social Security in conjunction with the Ministry of Foreign Affairs identifies the States in which such reciprocal system is in force. The Committee would be grateful to the Government if it would indicate which States are considered by the Ministy of Labour and Social Security as providing such reciprocal system.

Articles 7 and 8. The Committee notes the various social security agreements concluded by Italy. It requests the Government to continue indicating any progress made towards the conclusion of new agreements with countries for which the Convention is in force and especially with countries whose nationals emigrate and work in Italy.

Furthermore, the Committee would be grateful if the Government would provide statistics in regard to the approximate number of foreign workers in Italy and their nationality.

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The Committee has noted the information supplied by the Government in its report for the period ending June 1989.

Articles 3, 5 and 10, paragraph 1, of the Convention, branch (e) (old-age benefits). In its previous comments the Committee had drawn the attention of the Government to the fact that the "social pension" to which all Italian citizens are entitled, who are above the age of 65 years and who satisfy certain means criteria, under the terms of article 26 of Law No. 153 of 30 April 1969, should be regarded as falling within the scope of this Convention, especially since the payment of this benefit is automatically guaranteed if the required conditions of the means test are fulfilled, and it is therefore not a benefit excluded from the purview of the Convention, but is a non-contributory social security benefit of the type indicated in Article 2, paragraph 6(a) of the Convention. The Government had referred in its earlier report to a European Community Court of Justice Judgement of 5 May 1983, according to which a benefit such as the one provided under article 26 of Law No. 153 of 30 April 1969 in principle falls within the scope of social security, inasmuch as, on the one hand, it confers a legally defined position on the beneficiaries, apart from any individual or discretionary assessment of personal situations or needs and, on the other hand, it helps to ensure supplementary income to the beneficiaries of social security benefits. The Committee has noted this information with interest. In the light of this judgement and these comments, the Committee once again expresses the hope that the Government will re-examine its position with regard to the true character and designation of "social pension" with a view to applying the Convention and that it will indicate progress made in this respect in its next report.