Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Jersey

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Articles 1, 5, and 9 of the Convention. Need to amend the applicable legislation. In its previous comments, the Committee requested the Government to amend several provisions of the national legislation with a view to give effect to Articles 1 and 5 (need to repeal the minimum contribution conditions to become entitled to benefits in case of work injury) and 9 (need to provide free-of-charge supply of medical, surgical and pharmaceutical aid) of the Convention. The Committee takes note of the indication provided by the Government in its report that a major examination of all aspects of incapacity support is scheduled for 2019–21 under the ongoing Social Security Review and that the Committee’s remarks will be considered within this framework. The Committee firmly hopes that the Government will take the opportunity of the Social Security Review to amend its legislation in conformity with the Convention and reminds the Government of the possibility to avail itself of ILO technical assistance in this regard. The Committee requests the Government to provide information on the outcome of the Social Security Review and, in particular, of the measures taken or envisaged to give full effect to Articles 1, 5 and 9 of the Convention.

Article 7. Additional compensation for persons in need of constant help. The Committee takes note of the information provided by the Government on the Home Carer’s Allowance, set out in section 18A(1) of the Social Security (Jersey) Law, 1974, a scheme under which a person who is regularly and substantially engaged in caring for another person is entitled to an allowance upon meeting certain conditions. The Committee observes that this scheme may enable some injured workers to receive home care, depending on the availability of carers, and provided that they have been residing in Jersey for the past 12 months, as set out in section 5 of the Social Security (Home Carer’s Allowance) (Jersey) Order, 2012. The Committee requests the Government to provide information on any other measure, in cash or in kind, ensuring that all victims of work-related injury have access to constant help or care when required by their condition, and to specify whether there are any conditions that injured workers must fulfil to benefit from such care or from any additional financial compensation provided to them to cover related costs.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that Member States for which Convention No. 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Conventions Nos 121 or 102 (Part VI) as the most up-to-date instruments in this subject area, and recommends that the Government take the opportunity of the ongoing Social Security Review to do so. The Committee invites the Government to provide information in this respect.

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Articles 1, 5, 7 and 9 of the Convention. Need to amend the applicable legislation. In reply to the Committee’s previous comment on the need to amend several provisions of the national legislation with a view to give effect to Articles 1 and 5 (need to repeal the minimum contribution conditions to become entitled to benefits in case of employment injury), 7 (need of the constant attendance by a third person) and 9 (free-of-charge supply of medical, surgical and pharmaceutical aid) of the Convention, the Government indicates that the Social Security Minister has commenced a review of contributory benefits and that the Committee’s remarks are expected to be considered as part of that project. With regard more particularly to Article 7, the report indicates that article 2 of the Social Security (Home Carer’s Allowance) (Jersey) Order 2012 establishes an allowance for a carer who spends 35 hours or more per week caring for someone who requires a high level of personal care. The Committee notes however that there are contribution conditions associated to that allowance, whereas the Convention does not allow the victims of employment injury to be required to meet such conditions. Referring to its previous comment which contained detailed explanations on the shortfalls of the applicable legislation as compared to the abovementioned provisions of the Convention, the Committee hopes that the currently ongoing reform of the national legislation will give full effect to the Convention.

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Articles 1 and 5 of the Convention. Qualifying conditions. In reply to the Committee’s direct request of 2006, the Government indicates that the legislation in respect of long-term incapacity allowance continues to provide that, where incapacity is assessed at less than 15 per cent, benefit is paid in a lump sum rather than inconsiderable weekly payments (article 8 of the Social Security (Incapacity Benefits) (Jersey) Order 2004). A lump sum payment may be paid for funeral expenses (article 26 of the Social Security (Jersey) Law, 1974). Where incapacity leads to loss of income, weekly Income support payments are paid to the low-income household of the injured person, subject to conditions relating to means and residency. The Committee wishes to draw the Government’s attention to the fact that, as described above, both contributory incapacity benefit scheme (article 14 of the Social Security (Jersey) Law, 1974) and non-contributory income support scheme (articles 2 and 6 of the Income Support (Jersey) Law, 2007) establish such qualifying conditions which are not allowed by the international social security law with respect to the employment injury branch. Indeed Convention No. 17 and the Social security (Minimum standard) Convention, 1952 (No. 102) do not authorize compensation payable to victims of industrial accidents to be subjected to a qualifying period of contribution, employment or residence, and the Employment injury Benefits Convention, 1964 (No. 121), expressly prohibits subjecting eligibility for employment injury benefits to the length of employment, to the duration of insurance or to the payment of contributions (Article 9(2)). Means-tested social assistance benefits, such as income support benefits, are not considered under these instruments as the appropriate forms of protection against employment injuries which should be compensated regardless of the household income and assets of the victim. The Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), and the Equality of Treatment (Social Security) Convention, 1962 (No. 118), require provision of employment injury benefit to foreign workers without any residence condition. In view of the above, the Committee would ask the Government to consider modifying its incapacity benefit scheme so as to waive the minimum contribution condition for the insured persons in case they fall victim of employment injury.

Article 7. Constant help of another person. The Government indicates that the attendance allowance was replaced by income support payments and that the introduction of the new legislation removed the previously applicable birth related eligibility conditions while maintaining the means and residency ones. The Committee would like the Government to refer to its comment under Article 5 above and to consider introducing into the incapacity benefit scheme increments in periodical payments or other supplementary or special benefits for the victims of employment injuries requiring the constant help of another person, which would be free of any residence, means or contribution conditions.

Article 9. Free of charge medical, surgical and pharmaceutical aid. The Committee understands that in order to qualify for Jersey’s health insurance scheme, a person must be either a resident or employed on the territory, having paid the necessary social security contributions for a qualifying period of six months. The Committee invites the Government to consider waiving this qualifying period requirement in the case of occupational injuries.

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Article 5 of the Convention. The Committee notes that Article 14 of the Social Security (Jersey) Law, 1974, as subsequently amended, establishes contribution conditions for the granting of short- and long-term incapacity benefits as well as incapacity pensions. It requests the Government to indicate whether the above conditions also apply to industrial accidents considering that this provision of the Convention does not authorize compensation payable to injured workers to be subjected to minimum periods of contributions.

Article 7. The Committee recalls that, under the terms of this provision of the Convention, the additional compensation to be provided to injured workers requiring the constant help of another person is not subject to any conditions. It is bound to observe that under the laws and regulations currently in force in Jersey the attendance allowance payable to physically or mentally severely disabled people in need of the assistance of another person may still be granted only to persons who satisfy certain means tests and residence or birth conditions. In these circumstances, the Committee once again expresses the hope that the Government will be able to take the necessary measures to ensure that injured workers benefit from the attendance allowance without the imposition of any qualifying conditions.

Article 9. In its previous comments, the Committee drew the Government’s attention to the fact that any provision requiring the participation of workers injured in industrial accidents in the cost of medical, surgical or pharmaceutical benefits required by their injury or making such assistance subject to a period of residence or contribution is contrary to the Convention. The Government indicates in this respect in its report that income support proposals will be implemented in May 2007 with sufficient flexibility to cover workers without residence conditions through the Health Insurance (Jersey) Law, 1967, to give greater subsidy for chronic conditions. The Committee takes note of this information and hopes that in this context the Government will take the necessary measures to ensure the provision to injured workers of free medical and pharmaceutical aid, irrespective of the means of the injured worker and without any condition as to residence or contributions.

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Article 7 of the Convention. The Committee notes that in reply to its previous comments the Government refers, as it has in the past, to the attendance allowance payable to people who are so severely disabled, physically or mentally, that they need the assistance of another person. This benefit is not contribution based and is not reserved for workers, but can be granted to any person who satisfies the conditions for its award. In this respect, the Committee had already indicated that the attendance allowance does not in itself give effect to Article 7 of the Convention, since it is subject to qualifying conditions (a means test and residence or birth in the country). Under the terms of this provision of the Convention, the additional compensation to be provided to injured workers requiring the constant help of another person is not subject to any conditions. In these circumstances, the Committee hopes that the Government will be able to take the necessary measures to ensure that injured workers benefit from the attendance allowance without the imposition of any qualifying conditions.

Article 9. In its previous comments, the Committee drew the Government’s attention to the fact that any provision requiring the participation of injured workers in the cost of medical, surgical or pharmaceutical benefits required by their injury or making such assistance subject to a period of residence or contribution is contrary to the Convention. The Government indicates in this respect in its report that the national legislation has not changed and that persons who are not on limited means remain liable to share in the cost of pharmaceutical products. However, considerable work is currently being undertaken to review the current health benefits system. The Committee notes this information and hopes that in this context the Government will take the necessary measures to ensure the provision to injured workers of free medical and pharmaceutical aid, irrespective of the means of the injured worker and without any condition as to residence or contributions. Please provide information on any progress achieved in this respect.

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The Committee notes from the Government’s report that there have been no changes in the application of the Convention since the previous report. It must therefore repeat is previous comments.

Article 7 of the Convention.  The Committee notes that there is no additional compensation to injured workmen whose incapacity is such that they need the constant help of another person. It therefore asks the Government to indicate in its next report any measures taken or contemplated to give full effect to this provision of the Convention in legislation as well as in practice.

Article 9.  The Committee notes that any medical, surgical and pharmaceutical aid given to a worker who was admitted to the hospital following an accident would be provided free of charge. As concerns outpatients, the Committee recalls that, according to previous information supplied by the Government, free pharmaceutical aid is given to those of limited means who are not potentially employable, who were born locally or have resided in Jersey for at least five consecutive years. For other persons who satisfy the statutory contribution or residence conditions there is a prescription charge per item; otherwise the full cost must be borne. Since any requirement of participation by injured workmen in the cost of medical, surgical or pharmaceutical benefits, or of a period of residence or contributions is contrary to the Convention, the Committee would like the Government to indicate measures taken or contemplated to ensure that such benefits provided outside hospital will also be given free of charge, without requiring any participation by injured workmen or any qualifying period.

[The Government is asked to report in detail in 2002.]

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Article 7 of the Convention. The Committee notes from the Government's report that there is no additional compensation to injured workmen whose incapacity is such that they need the constant help of another person. It therefore asks the Government to indicate in its next report any measures taken or contemplated to give full effect to this provision of the Convention in legislation as well as in practice.

Article 9. The Committee notes from the Government's report that any medical, surgical and pharmaceutical aid given to a worker who was admitted to the hospital following an accident would be provided free of charge. As concerns out-patients, the Committee recalls that, according to previous information supplied by the Government, free pharmaceutical aid is given to those of limited means who are not potentially employable, who were born locally or have resided in Jersey for at least five consecutive years. For other persons who satisfy the statutory contribution or residence conditions there is a prescription charge per item; otherwise the full cost must be borne. Since any requirement of participation by injured workmen in the cost of pharmaceutical benefits (or any medical or surgical benefits), or of a period of residence or contributions is contrary to the Convention, the Committee would like the Government to indicate measures taken or contemplated to ensure that such benefits provided outside hospital will also be given free of charge, without requiring any participation by injured workmen or any qualifying period.