Consolidated Report on the application by Cyprus of ILO Conventions №102, 121, 128, 183 & the European Code ofSocial Security for the period 2011-2015

Consolidated information compiled from the following Government Reports on these instruments:

European Code of Social Security

1. 22^nd annual report of the government of Cyprus on the measures taken to give effect to the accepted provisions of the European code of social security. Period covered: 1/7/2014 to 30/6/2015 [Report 2015-ECSS]

2. 21^st annual report of the government of Cyprus on the measures taken to give effect to the accepted provisions of the European code of social security. Period covered: 1/7/2013 to 30/6/2014 [Report 2014-ECSS]

3. 20^th annual report of the government of Cyprus on the measures taken to give effect to the accepted provisions of the European code of social security. Period covered: 1/7/2012 to 30/6/2013 [Report 2013-ECSS]

4. 19^th annual report of the government of Cyprus on the measures taken to give effect to the accepted provisions of the European code of social security. Period covered: 1/7/2011 to 30/6/2012 [Report 2012-ECSS]

5. 18^th annual report of the government of Cyprus on the measures taken to give effect to the accepted provisions of the European code of social security. Period covered: 1/7/2010 to 30/6/2011 [Report 2011-ECSS]

6. 17^th General Report as presented by the Government of Cyprus for the period from 1 July 2009 to 30 June 2010 [Report 2010-ECSS]

7. 16^th annual report of the government of Cyprus on the measures taken to give effect to the accepted provisions of the European code of social security. Period covered: 1/7/2008 to 30/6/2009 [Report 2009-ECSS]

8. 15^th annual report of the government of Cyprus on the measures taken to give effect to the accepted provisions of the European code of social security. Period covered: 1/7/2007 to 30/6/2008 [Report 2008-ECSS]

9. 14^th annual report of the government of Cyprus on the measures taken to give effect to the accepted provisions of the European code of social security. Period covered: 1/7/2006 to 30/6/2007 [Report 2007-ECSS]

10. 13^th annual report of the government of Cyprus on the measures taken to give effect to the accepted provisions of the European code of social security. Period covered: 1/7/2005 to 30/6/2006 [Report 2006-ECSS]

Social Security (Minimum Standards) Convention, 1952 (No. 102)

1. Simplified report on the application of the Social Security (Minimum Standards) Convention 102 for the period ending 31.7.2011 [Report 2011-C102]

2. Report on the application of the Social Security (Minimum Standards) Convention 102 for the period ending 31.7.2007 [Report 2007-C102]

3. Detailed Report on the application of the Social Security (Minimum Standards) Convention 102 for the period ending 31.5.2001 [Report 2001-C102]

4. Report on the application of the Social Security (Minimum Standards) Convention 102 for the period 1995-1996 [Report 1996-C102]

5. Report on the application of the Social Security (Minimum Standards) Convention 102 for the period 3.9.1991 to 30.6.1993 [Report 1993-C102]

Employment Injury Benefit Convention 1954 (No 121)

1.Simplified Report on the Application of the Employment Injury Benefit Convention 1954 (No 121) for the period ending 31 July, 2011 [Report 2011-C121]

2.Simplified Report on the Application of the Employment Injury Benefit Convention 1954 (No 121) for the period ending 31 July, 2006 [Report 2006-C121]

3.Simplified Report on the Application of the Employment Injury Benefit Convention 1954 (No 121) for the period ending 31 May 1999 [Report 1999-C121]

4.Detailed Report on the Application of the Employment Injury Benefit Convention 1954 (No 121) for the period July 1989 - June 1993 [Report 1993-C121]

Invalidity, Old-Age and Survivors’ Benefits Convention 1967 (No 128)

1. Simplified Report on the Application of the Invalidity, Old-Age and Survivors’ Benefits Convention 1967 (No 128) for the period ending 31 July, 2011 [Report 2011-C128]

2. Simplified Report on the Application of the Invalidity, Old-Age and Survivors’ Benefits Convention 1967 (No 128) for the period ending 31 July, 2006 [Report 2006-C128]

3. Simplified Report on the Application of the Invalidity, Old-Age and Survivors’ Benefits Convention 1967 (No 128) for the period ending 31 May 2001 [Report 2001-C128]

4. Simplified Report on the Application of the Invalidity, Old-Age and Survivors’ Benefits Convention 1967 (No 128) for the periodJuly 1992 - June 1996 [Report 1996-C128]

Maternity Protection Convention 2000 (No183)

Simplified report on the application of the Maternity Protection Convention, 2000 concerning the revision of the Maternity Protection Convention (Revised), 1952, (No. 183) for the period ending 30 august 2013 [Report 2013-C183]

NB	Indications, which may help to improve the quality of the report, are put into a box.
	The provisions of the Social Security Instruments and questions in the Report Form on a given Convention (e.g. RF/C102), on which the information is lacking in all listed Government reports, are reproduced in a box.
	Where the text of the corresponding provisions of the ECSS and C102 has the same wording, the wording of C102 in taken as the basis, with eventual changers in the ECSS reproduced in brackets.
	Report form for the Social Security (Minimum Standards) Convention, 1952 (№102).	RF/C102
	Form for the annual report on the European Code of Social Security as modified by the Protocol additional thereto. Council of Europe. Strasbourg, 1967.	RF/ECSS
	Report form for the Employment Injury Benefits Convention, 1954 (№121).	RF/121
	Report form for the Invalidity, Old-age and Survivors’ Benefits Convention 1967 (№128).	RF/C128
	Report form for the Maternity Protection Convention 2000 (№183)	RF/183

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Part I. General provisions

The Part I “General provisions” comprises the following explanatory and procedural clauses:

§ Articles 1-6 C102

§ Articles 1-6 ECSS

§ Articles 1-3, 5-6 C121

§ Articles 1-6 C128

§ Articles 1-2, 7 C183

Part II. Medical Care = not accepted

Part III. Sickness Benefit

List of applicable legislation [PNL↑] *

· The Social Insurance Law (amendment) 106 (I)/2014 (copy enclosed)

· The Social Insurance Law (amendment) 194 (I)/2014 (copy enclosed)

[Report 2015-ECSS]

III - 1. Regulatory framework

Article 13. C102 and ECSS

Each Member (Contracting Party) for which this Part of this Convention (Code) is in force shall secure to the persons protected the provision of sickness benefit in accordance with the following Articles of this Part.

Please give a general description of the design of the scheme and of the objectives of national policy.

You may also indicate here any major reforms, legislative changes, judicial decisions, strategies, plans and other regulatory measures, which may affect the application of this branch of the national social security system.

III - 2. Contingency covered

Article 14. C102 and ECSS

The contingency covered shall include incapacity for work resulting from a morbid condition and involving suspension of earnings, as defined by national laws or regulations.

Article 13-14

Section 2(1) of the Social Insurance Laws defines “incapacity for work" as incapacity to engage in one’s ordinary occupation by reason of a specific disease or bodily or mental disablement.

Section 31(1) of the said Laws provides that "a person shall be entitled to sickness benefit for any day of incapacity for work which forms part of period of interruption of employment”. A ”period of interruption of employment" is defined by section 2(1) of the said Laws as any two days of interruption of employment because of incapacity for work or unemployment, whether consecutive or not, within a period of six consecutive days. No change since 2006]

III - 3. Persons protected

Article 15. C102 and ECSS

The persons protected shall comprise:

(a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or

(b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents; or

(c) all residents whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67.

RF/C102/ECSS: please state to which of the sub-paragraphs of this Article recourse is had.

Recourse is had to sub-paragraph (b) of this Article No change

RF/C102/ECSS: please indicate the classes of persons protected in accordance with the provisions of this Article, unless you have recourse to sub-paragraph (c).

· According to previous amendment laws Part I of the First Schedule of the Social Insurance Law includes the following insurable employments on behalf of an employed person:

(v) Employment of a person under any circumstances in a private company in which that person is a shareholder. For the purpose of this paragraph the term “Private Company” has the meaning attributed by the Companies Law (Social Insurance Law 59(I)/2010) .

(vi) Exercise of the vocation of clergyman (Social Insurance (Amendment) Law 53(I) of 2006) [the last information is contained in the Report 2009-ECSS]

(vii) Employment of a person who is a citizen of the Republic at Diplomatic Missions of the Republic abroad as local staff, provided that this person is not subject to the legislation of the host state. (Social Insurance Law 59(I)/2010)

· The persons protected comprise "employed persons" and “self-employed persons".

An "employed person” is any person employed in insurable employment which is defined in Part I of the First Schedule to the Social Insurance Laws as follows:

(i) Employment in Cyprus of a person under a contract of service or apprenticeship or under such circumstances from which the existence of a relation of employer and employee may be inferred, including employment by or under the Republic.

(ii) Employment of a person under such contract or circumstances as aforesaid where that person falls into the scope of Regulation (Ec) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as amended by Regulation (EC) 988/2009 and as amended or replaced ~~is ordinarily resident in Cyprus~~ and is employed as master or a member of the crew of a ~~Cyprus~~ ship flying the Republic , or as captain or a member of the crew of an aircraft owned or managed by an employer, who has his principal place of business in Cyprus. (Social Insurance (Amendment) Law 114 (I)/2010)

(iii) Employment in any prison of the Republic of a person undergoing imprisonment.

(iv) Training in Cyprus of a person under a programme of industrial training operated by the Authority established under the Human Resources Development ~~Industrial Training~~ Laws of 1999 to 2007 as amended or replaced~~1974~~." (Social Insurance Law 59(I)/2010)

A "self-employed person" is defined in Part I of the Second Schedule in the said Laws as a person who is gainfully occupied in Cyprus provided that this employment is not considered as insurable employment under Part I of the First Schedule. (Social Insurance Law 59(I)/2010)

C (ii)

RF/C102/ECSS: please furnish statistical information under this Article according to the chosen sub-subparagraph.

[STAT↑] TITLE II (Article 74)

A. Number of economically active persons protected –

(i) under general scheme …………………….428.586

(ii) under special schemes –

scheme for ………………………………………..NIL

___________

(iii) Total …………………….428.586

======

B. Total number of residents 848.300

C. Total number of economically active persons (A(iii)) per cent of total number of residents (B): 50,5%

The number given in A(i) above is the total number οf persons who have paid or been credited with contributions to the Social Insurance Scheme in 2015.

The number given in B above is the total number of residents in the Government controlled area of Cyprus which was estimated for 2015 on the basis of the census of population of 2011.

D. Not applicable.

[Report 2015-ECSS]

III - 4. Calculation of Benefit [STAT↑]

Article 16. C102 and ECSS

1. Where classes of employees or classes of the economically active population are protected, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66.

2. Where all residents whose means during the contingency do not exceed prescribed limits are protected, the benefit shall be a periodical payment calculated in such a manner as to comply with the requirements of Article 67; [provided that a prescribed benefit shall be guaranteed, without means test, to the prescribed classes of persons determined in accordance with Article 15. a or b - ECSS].

Recourse is had to Article 65 for the calculation of sickness benefit. [Report 2015-ECSS]

TITLE I (Article 65)

RF/C102/ECSS: please indicate the maximum amount prescribed for the benefit or for the earnings taken into account for the computation of the benefit.

The amount of the weekly basic insurable earnings and the ceiling of earnings on which contributions are payable remained the same in 2016. The amounts are €174.38 and €1046 respectively. [~~Report 2015-ECSS]~~

RF/C102/ECSS: please state to which of the provisions of paragraph 6 and following of Article 65 you have recourse for selecting the skilled manual male employee to whose wage paragraph 3 of Article 65 refers. […]

The weekly wage of the skilled manual worker for 2015 is not available as the survey for wages will not be conducted again. The weekly wage was suggested from Cyprus to the ILO and it was approved (ISCO 7212) by email of September 27th 2016 as Construction is the second sector with the highest number of employees

RF/C102/ECSS: please indicate the amount of the wage of the skilled manual male employee selected.

The weekly wage for 2015 according to ISCO 7212 was €471. 47*^{^[1]}..

TITLE II (Article 65)

RF/C102/ECSS: amount of benefit granted during the time basis.

The weekly amount of sickness benefit for the standard beneficiary is €322.93 [~~Report 2015-ECSS]~~

RF/C102/ECSS: amount of family allowances, if any, payable during employment for a period equal to the time basis.

No family allowance is payable. [Report 1993-C102]

RF/C102/ECSS: amount of family allowances, if any, payable during the contingency for a period equal to the time basis.

See para E above. [Report 1993-C102]

RF/C102/ECSS: sum of benefit and family allowance payable during the contingency (D+E) per cent of sum of the standard wage and family allowance payable during employment (C+E).

Percentage of the weekly amount of sickness benefit payable (€322,93) in relation to the weekly amount of the reference wage (€471,47): 68,49% (€322,93: €471,47).

TITLE V (Article 65)

RF/C102/ECSS: amount of benefit granted during the time basis

Amount of benefit granted during the time basis: €253,18

RF/C102/ECSS: amount of benefit (D) per cent of the standard wage (C)

Amount of benefit (D) per cent of the standard wage (€471,47): 53,7% (€253,18.02: €471,47).

III - 5. Qualifying period [PNL↑]

§1(f) Article 1 C102, §1(i) Article 1 ECSS

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

Article 17. C102 and ECSS

The benefit specified in Article 16 shall, in a contingency covered, be secured at least to a person protected who has completed such qualifying period as may be considered necessary to preclude abuse.

RF/C102/ECSS: please state, for each scheme concerned, the length of the qualifying period which has been considered necessary to preclude abuse. Please summaries the rules concerning the computation of the qualifying period.

· A person who has received sickness or unemployment benefit up to the maximum number of days as prescribed in Article 31, requalifies for this benefit if after the exhaustion of the right to benefit, he/she has worked for a period of at least 13 weeks from the date of exhaustion of the benefit and provided that in any circumstances has paid for this period of employment contributions on insurable earnings at least equal 26 times the amount of the basic insurable earnings ..

· Under Article 32(1) and the Third Schedule to the Social Insurance Laws a person is entitled to sickness benefit if he satisfies the following two contribution conditions:

(a) he has paid contributions on insurable earnings equal at least to 0.,50 of the insurance point and having elapsed at least 26 weekfrom the date he/she was insured ; and

(b) he has paid or been credited with contributions of at least 0.,39 of the insurance point in the relevant insurance year

The combined effect of the above two conditions is that a person can qualify for sickness benefit after he has completed a contribution period of 26 weeks.

III - 6. Minimum duration of Benefit [PNL↑]

Article 18. C102 and ECSS

The benefit specified in Article 16 shall be granted throughout the contingency, except that the benefit may be limited to 26 weeks in each case of sickness, [in which event it – C102] need not be paid for the first three days of suspension of earnings.

RF/C102/ECSS: please state, for each scheme concerned, whether the duration of sickness benefit is limited and, if so, specify limit or limits fixed and indicate how are determined. Please state whether a waiting period is provided for and, if so, indicate the length of such period and the rules concerning its computation.

· According to the Social Insurance (Amendment) Law 161(I) of 2006 (replaced by Social Insurance Law 59(I)/2010 as amended) the waiting period for self-employed persons for the payment of sickness benefit is 9 days for each interruption of employment. Furthermore in case where the self employed person suffers an occupational accident or due to his sickness has been hospitalized for at least one night the waiting period is reduced to three days.

· According to the Social Insurance (Amendment) Law No. 80(l) of 1998 (replaced by Social Insurance Law 59(I)/2010as amended) provides that all insured persons who meet the qualification conditions are entitled to sickness benefit for a period of 26 weeks (156 days) for each period of interruption of employment

· instead of 78 days of benefit in respect of the first 26 weeks and to one additional day of benefit for every contribution week in excess of 26 weeks Up to a maximum of 156 days for any one period of interruption of employment, as was the case before. ~~[Report 2001-C102]~~

· Under section 3231(21) of the Social Insurance Laws the waiting period for the payment of sickness benefit in the case of employed persons is three days for each period of interruption of employment. For this purpose spells of sickness separated by less than 13 weeks are deemed to be one period of interruption of employment.

The waiting period for self-employed persons is fixed under the above mentioned section to 18 days in each period of interruption of employment. However, if incapacity results from any accident or the person concerned is hospitalised the waiting period is the same as for employed persons i.e. 3 days.

A person who qualifies for sickness benefit is entitled to 78 days of benefit in respect of the first 26 weeks of his contribution period and to one additional day of benefit for every contribution week in excess of 26. The maximum duration of benefit is 156 days in any one period of interruption of employment. For persons who satisfy the contributions for invalidity pension (see under Article 57 below), sickness benefit may be extended for an additional period of 156 days if they do not qualify for invalidity pension for the sole reason that incapacity is not permanent. ~~[Report 1993-C102]~~

III - 7. Suspension of Benefit [PNL↑]

~~(a)~~

See under Part XIII-1

· In answer to the specific requests of the Committee of Experts concerning the application of the Social Security Minimum Standards Convention (No.102) the Government of Cyprus gives the following replies:

(b) Part XIII (1Common provisions) Article 69(f) in relation to Part III (Sickness benefit) and Part IV (Unemployment benefit)

As regards sickness benefit it is very rarely that the provisions of paragraph (a) of section 34 of the aforesaid Laws have been used to deprive a person of his entitlement to sickness benefit. The only cases where this was done were cases where the insured persons subjected themselves to medical treatment and surgery for reasons of beautification. During recent years even this is not done and practically no person is disqualified from receiving sickness benefit on grounds of his own fault.

As regards unemployment benefit the provisions relating to disqualification because of "fault" of the insured person are applied very cautiously and after thorough examination of each case. In practice, upon receipt of any claim for unemployment benefit, a questionnaire is sent to the employer, asking him about the reasons of the termination of the employment. If the employer alleges that the employee was in any way at "fault", the employee is asked to give his own explanations and reply to the allegation of the employer. If the employee is found guilty of fault" the adjudication officer imposes the penalty of disqualification for such period so as not to cause undue hardship to the claimant.

Cases where a claimant is found guilty of "fault" include the following:

(i) unsatisfactory performance of duties,

(ii) repeated contravention of established rules of work,

(iii) negligence in the execution of duties resulting in damage to the employer and

(iv) serious misbehaviour causing serious conflicts and disturbances at the place of work.

[Report 1996-C102; no information in the governmental reports on the ECSS since 2006]

· Under section 34 33 of the Social Insurance ~~Laws~~ Law 59(I)/2010 a person is disqualified for receiving sickness benefit for a period up to 6 weeks if:

(a) he has become incapable of work through his own fault; or

(b) he has without good reason refused or failed to submit himself to medical or other examination or to medical or other treatment; or

(d) he has behaved in a manner likely to retard his recovery.

[Report 1993-C102]

III - 8. Right of appeal [PNL?]

If the applicant is not satisfied with the decision of the Social Insurance Services on request,Article 83(1) of the Social Insurance Law 59(I)/2010 enables him to appeal against such decision by an application to the Minister of Labour Welfare and Social Security within 15 days of being notified of such decision. If the applicant is not satisfied with the Minister’s decision may appeal to the Administrative Court within 75 days of being notified by the decision of the Minister under the provisions of Article 146 of the Constitution.~~See under Part XIII-2~~

III - 9. Financing and Administration [PNL?] [STAT↑]

See under Part XIII-3

Part IV. Unemployment benefit

List of applicable legislation [PNL↑] *

· The Social Insurance Law (amendment) 106 (I)/2014 (copy enclosed)

· The Social Insurance Law (amendment) 194 (I)/2014 (copy enclosed)

[Report 2015-ECSS]

IV - 1. Regulatory framework

Article 19. C102 and ECSS

Each Member (Contracting Party) for which this Part of this Convention (Code) is in force shall secure to the persons protected the provision of unemployment benefit in accordance with the following Articles of this Part.

Please give a general description of the design of the scheme and of the objectives of national policy illustrated by the relevant statistical information.

You may also indicate here any major reforms, legislative changers, judicial decisions, concepts, strategies plans, other regulatory measures, which may affect the application of this branch budgets of the national social security system.

IV - 2. Contingency covered

Article 20. C102 and ECSS

The contingency covered shall include suspension of earnings, as defined by national laws or regulations, due to inability to obtain suitable employment in the case of a person protected who is capable of, and available for, work.

RF/C102/ECSS: please give the definition of the contingency which under national laws or regulations, gives rise to unemployment benefit.

· Articles 19-20

According to Article ~~Article 7 of The Social Insurance (Amendment) Law 22(I) of 2009 which amends article~~ 31(2) ~~32(1)~~ of the Social Insurance Law 59(I)/2010~~Legislation~~ a person, regardless of age is not entitled to unemployment benefit if he/she retired and as a result of his retirement is receiving pension benefits from a non-contributory scheme. Such a person may qualify for unemployment benefit if he/she is employed again and fulfills the qualifying conditions for unemployment benefit on the basis of his new employment. The amendment was part of the measures taken to ensure the sustainability of the Social Insurance Scheme. [~~Report 2010-ECSS]~~

· [PNL↑] Articles 19-20

Under section 312(1) of the Social Insurance Law 59(I)/2010 ~~Laws~~ a person is entitled to unemployment benefit for any day of unemployment which forms part of a period of interruption of employment. For the definition of "period of interruption of employment" see under Part III, Article 13-14 above. Section 312(43)(ba)~~(ii)~~ provides that a day of unemployment is a day on which the person concerned proves that he is unemployed, capable of and available for work or that he is unemployed and is following a course of approved occupational training.

Under Section 35 34 of the Social Insurance ~~Laws~~ Law 59(I)/2010 a person is disqualified from receiving unemployment benefit if, inter alia, it refuses to accept suitable employment.

An employment is not suitable in relation to an unemployed person if it is:

(a) employment in a vacancy in consequence of a stoppage of work due to a trade dispute;

(b) employment in his usual occupation in the area where he was last ordinarily employed at a rate of remuneration lower, or on conditions less favorable than those which he might reasonably have expected to obtain having regard to those which he habitually obtained in his usual occupation in that area, or would have obtained had he continued to be so employed;

(c) employment in his usual occupation in any other area at a rate of remuneration lower, or on conditions less favorable, than those generally observed in that area by agreement between associations of employers and of employees, or, failing any such agreement, than those generally recognized in that area by good employers.

Provided that after the lapse of such an interval from the date on which a person becomes unemployed, as in the circumstances of the case is reasonable, employment shall not be deemed to be unsuitable by reason only that it is not in his usual occupation, if it is employment at a rate of remuneration not lower, and on conditions not less favorable, than those generally observed by agreement between associations of employers and of employees, or failing any such agreement, than those generally recognized by good employers. [Report 1993-C102]

IV - 3. Persons protected [STAT↑]

Article 21. C102 and ECSS

The persons protected shall comprise:

(a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or

(b) all residents whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67.

RF/C102/ECSS: please state to which of the sub-paragraphs of this Article recourse is had.

Recourse is had to sub-paragraph (a) of this Article.

[the last information is contained in the Report 1993-C102, no information in the governmental reports on the ECSS since 2006]

RF/C102/ECSS: if recourse is had to sub-paragraph (a) please indicate the classes of persons protected, in accordance with the provisions of this Article.

See Articles 19-20 ~~[Report 2015-ECSS]~~

TITLE I (Article 74)

A. Number of employees protected:

(i) under general scheme………………………. 399.330

(ii) under special schemes………………………..NIL

______

(iii) Total…………………………..399.330

======

B Total number of employees…………………………..304.727

The number of employees in A(i) above is the total number of employed persons who have paid or been credited with contributions to the Social Insurance Scheme in ~~2014~~2015.

The total number of employees in B above is provided according to the Labour Force Survey (L.F.S.)(~~2014~~2015) which is prepared by the Statistical Service of the Ministry of Finance.

No comparison between the number of employees protected under the General Scheme and the total number of employees is possible since the basis for the collection of the data is different.

For example the number in A above includes also persons who have worked for at least one week and terminated their employment in the reference year whereas these persons are not included in the number of B above.

C. Not applicable.

~~[Report 2015-ECSS]~~

IV - 4. Calculation of Benefit [STAT↑]

Article 22. C102 and ECSS

1. Where classes of employees are protected, the benefit shall be a periodical payment calculated in such manner as to comply either with the requirements of Article 65 or with the requirements of Article 66.

2. Where all residents whose means during the contingency do not exceed prescribed limits are protected, the benefit shall be a periodical payment calculated in such a manner as to comply with the requirements of Article 67. [provided that a prescribed benefit shall be guaranteed, without means test, to the prescribed classes of employees determined in accordance with Article 21.a. - ECSS]

A. Recourse is had to Article 65 for the calculation of unemployment benefit.

TITLES I, II AND V

(Article 65)

Same as for sickness benefit (see Article 16 above) [Report 2015-ECSS]

See Part III - 4. Calculation of Benefit

IV - 5. Qualifying period [PNL↑]

§1(f) Article 1 C102, §1(i) Article 1 ECSS

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

Article 23. C102 and ECSS

The benefit specified in Article 22 shall, in a contingency covered, be secured at least to a person protected who has completed such qualifying period as may be considered necessary to preclude abuse.

RF/C102/ECSS: please indicate, for each scheme concerned, the length of the qualifying period which has been considered necessary to preclude abuse. Please summaries the rules concerning the computation of the qualifying period.

· An additional condition that has been added to the Social Insurance Law, according to which an insured person in order to requalify for unemployment benefit, after the exhaustion of the right to benefit, he/she must have worked for a period of at least 26 weeks from the date of exhaustion of the benefit. [Report 2011-ECSS, Report 2011-C102]

· The qualifying period is the same as for sickness benefit (see under Article 17 above). [Report 1993-C102]

See Part III - 5. Qualifying period

IV - 6. Minimum duration of Benefit

Article 24. C102 and ECSS

1. The benefit specified in Article 22 shall be granted throughout the contingency, except that its duration may be limited,

(a) where classes of employees are protected, to 13 weeks within a period of 12 months, [or to 13 weeks in each case of suspension of earnings - ECSS]; or

(b) where all residents whose means during the contingency do not exceed prescribed limits are protected, to 26 weeks within a period of 12 months; [provided that the duration of the prescribed benefit, guaranteed without means test, may be limited in accordance with sub‑paragraph a of this paragraph - ECSS].

2. Where national laws or regulations provide that the duration of the benefit shall vary with the length of the contribution period and/or the benefit previously received within a prescribed period, the provisions of paragraph 1 of this article shall be deemed to be fulfilled if the average duration of benefit is at least 13 weeks within a period of 12 months.

3. The benefit need not be paid for a waiting period of the first seven days in each case of suspension of earnings, counting days of unemployment before and after temporary employment lasting not more than a prescribed period as part of the same case of suspension of earnings.

4. In the case of seasonal workers the duration of the benefit and the waiting period may be adapted to their conditions of employment.

· According to Article 31(3) of tThe Social Insurance ~~(Amendment)~~ Law N 5980(I) of 2010~~1998~~ the maximum period for which unemployment benefit is paid is 156 days for each period of interruption of employment. ~~provides that~~ all insured persons who meet the qualification conditions stipulated in Section 32 and the Third Schedule of the Social Insurance Law are now entitled to sickness benefit for the period of 26 weeks (156 days) for each period of interruption of employment instead of 78 days of benefit in respect of the first 26 weeks and to one additional day of benefit for every contribution week in excess of 26 weeks up to a maximum of 156 days for any one period of interruption of employment, as was the case before. ~~[Report 2001-C102;~~ ~~no information in the governmental reports on the ECSS since 2006~~]

· [PNL↑]Under section 312(1) of the Social Insurance Laws a person is not entitled to unemployment benefit for the first three days of any period of interruption of employment. Section 2(1) of the said Laws (definition of period of interruption of unemployment) provides that periods of interruption of employment not separated by more than 13 weeks are deemed to be one single period for the purposes of benefit.

No special provisions exist for seasonal workers. The payment of unemployment benefit to seasonal workers is determined under the same rules as for other employees.

Under section 34 ~~35(1) 8 (2)~~ of the Social Insurance Law N 59(I)/2010s a person is disqualified for receiving unemployment benefit in the following cases:

(a) if he has lost his employment by reason of a stoppage of work which was due to a trade dispute at this place of employment. In this case he is disqualified for receiving unemployment benefit as long as the stoppage of work continues, except in a case where, during the stoppage of work, he has become bona fide employed elsewhere or has become regularly employed in some other occupation. Provided that this does not apply in the case of a person who proves

(i) that he is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work; and

(ii) that he does not belong to a grade or class of workers of which, immediately before the stoppage began, there were members employed at his place of employment and any of whom are participating in or financing or directly interested in the stoppage of work.

(b) A person is also disqualified for receiving unemployment benefit for any period not exceeding six weeks if

(i) he has lost his employment through his own fault or has voluntarily left his employment without good cause;

(ii) after a situation in any suitable employment has been notified to him by an employment exchange or other recognised agency, or by or on behalf of an employer, as vacant or about to become vacant, he has without good cause refused or failed to apply for that situation or refused to accept that situation when offered to him;

(iii) he has neglected to avail himself of a reasonable opportunity of suitable employment;

(iv) he has without good cause failed or neglected to undergo occupational training as required of him by the Director.

Under section 312(43)(g)(i) ~~(f)~~ of the Social Insurance Law N.59(I)/2010 s a person is not entitled to unemployment benefit for any period during which he is in receipt of compensation for the loss of his employment which is substantially equal to the remuneration which he would have received if his employment had not ended. [~~Report 1993-C102]~~

IV - 7. Suspension of Benefit [PNL↑]

See Part IV-6 above

See under Part XIII-1

In answer to the specific requests of the Committee of Experts concerning the application of the Social Security Minimum Standards Convention (No.102) the Government of Cyprus gives the following replies:

(c) Part XIII (Common Provisions) Article 69(i) in relation to section 3435(1) of the Social Insurance Law which provides for the suspension of unemployment benefit in case of stoppage of work because of a trade dispute.

Subsection 1 of section 3435 of the Social Insurance Law provides that a person shall be disqualified from receiving unemployment benefit if he has lost his employment by reason of stoppage of work which was due to a trade dispute at his place of employment.

Under the proviso to subsection 1 a person shall not be so disqualified from receiving unemployment benefit if he proves:

(a) that he is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work and

(b) that he does not belong to a grade or class of workers of which immediately before the stoppage began, there were members employed at his place of employment and any of whom are participating in or financing or directly interested in the stoppage of work.

In practice only persons who are on strike are disqualified from receiving unemployment benefit. If a person loses his employment as a result of the strike of a group or class of persons, to which he does not belong, he shall not be disqualified from receiving unemployment benefit. An example of this interpretation is the case where the workers of a building company are on strike demanding increase of wages the clerks. The clerks of the same company do not have any claim for increase of wages and do not participate in the strike. Because, however, of the strike, the clerks are left without work and the company terminates their employment. In such a case the clerks will not be disqualified from receiving unemployment benefit.

Having regard to the above it is our assertion that the Cyprus Legislation gives full effect to paragraph (i) of Article 69 of the Convention. [Report 1996-C102; no information in the governmental reports on the ECSS since 2006]

IV - 8. Right of appeal [PNL?]

~~See under Part XIII-2~~

IV - 9. Financing and Administration [PNL?] [STAT↑]

See under Part XIII-3

Part V. Old-age Benefit

List of applicable legislation [PNL↑] *

· The Social Insurance Law (amendment) 106 (I)/2014 (copy enclosed)

· The Social Insurance Law (amendment) 194 (I)/2014 (copy enclosed)

[Report 2015-ECSS]

V - 1. Regulatory framework

Article 25. C102 and ECSS

Each Member (Contracting Party) for which this part of this Convention (Code) is in force shall secure to the persons protected the provision of old‑age benefit in accordance with the following Articles of this Part.

Please give a general description of the design of the scheme and of the objectives of national policy.

The pensionable age is 65. It is possible to receive a pension at the age of 63 under certain conditions.

From the first Monday in 2016, to be entitled to an old-age pension the insured person must:

a) have reached pensionable age i.e. be 65 years old;

b) have attained actual basic insurance of at least 14 insurance points and 728 weeks must have elapsed since the week of commencement of insurance.

It should be noted that the actual basic insurance requirement ishas gradually increas~~ing~~ed to reach at least 15 years, from the first Monday of January 2017 and thereafter, the insured person must have attained actual basic insurance of at least 15 insurance points.

However, an insured person is eligible to receive an old-age pension when he reaches the age of 63 years if:

he satisfies the above insurance condition and the number of insurance points from the basic insurance (actual and assimilated) is not less than 70 % of the number of years which fall under the relevant reference period; or
on reaching the age of 63, he was eligible for an invaliditypension; or
he is aged between 63 and 65 and would have been entitled to an invalidity pension if he had not reached the age of 63.

V - 2. Contingency covered

Article 26. C102 and ECSS

1. The contingency covered shall be survival beyond a prescribed age.

2. The prescribed age shall be not more than 65 years or such higher age [that the number of residents having attained that age is not less than 10 per cent of the number of residents under that age but over 15 years of age - ECSS] as may be fixed by the competent authority with due regard to the working ability of elderly persons in the country concerned [???→]

3. National laws or regulations may provide that the benefit of a person otherwise entitled to it may be suspended if such person is engaged in any prescribed gainful activity or that the benefit, if contributory, may be reduced where the earnings of the beneficiary exceed a prescribed amount and, if non-contributory, may be reduced where the earnings of the beneficiary or his other means or the two taken together exceed a prescribed amount.

· According to the Third Schedule of the Social Insurance (Amendment) Law 193(I)/2012 as of April 1st 2013 gradual (1 year per year) extension of the minimum contributory period in the system from the current 10 years to at least 15 years over the period 2013-17.

According to Article 2 of the Social insurance (Amendment) Law 193(I)/2012 an automatic adjustment of the statutory retirement age every 5 years has been introduced in line with changes in life expectancy at the statutory retirement age, to be applied in 2018 and the first revision will cover the period 2018-2023. [←???]

The above provisions were introduced as part of the measures required by the MoU that Cyprus concluded with Troika in order for Cyprus to secure a financial bailout. The measure aims at improving the financial sustainability of the Social Insurance System while at the same time reducing early exit from the labor market in line with the Council Country Specific Recommendations of 2012. [Report 2015-ECSS]

TheOld-age-dependency ratio (the ratio between the number of persons aged 65 and over and the number of persons aged between 15 and 64. The value is expressed per 100 persons of working age (15-64). For Cyprus in 2015 was 21.2%[2]more than twice the threshold of 10% set in this article. It is unlikely that this ratio will fall below 10% by 2023 when the pensionable age will be aligned with the change in life expectancy (from the period 2018-2023)

· According to the Social Insurance Law 59 (I) / 2010 in the case were a person has worked as a miner for a period of at least three years the pensionable age is reduced by one month for every five months of work in a mine, but in no case is reduced below the age of 60 years. [Report 2011-C102] According to Article 36 of the Social Insurance Law 59(I)/2010, miners can receive a pension at the age of 63 provided they have worked in a mine for at least 3 years; and they are entitled to a one-month reduction in the retirement age for every 5-month period they worked in a mine on condition that they are no longer engaged in that activity. They may not, however, retire before the age of 58.

· [PNL↑] The prescribed pensionable age is the age of 65 for men and women.

· ~~with the exception of women born prior to 1.1.1935, in respect of whom the pensionable age is 63.~~

· The pensionable age of 65 can be reduced to 63 if the person concerned satisfies a prescribed qualifying period (see below).

According to Section 356 of the Social Insurance Laws a person is entitled to old-age pension if:

(a) he has attained the pensionable age and on reaching that age he satisfies the relevant contribution conditions;

(b) on attaining the age of 63, he satisfies the relevant contribution conditions, and has a weekly average of insurable earnings in the basic part of the Scheme at least equal to 70% of the weekly amount of the basic insurable earnings; or

(d) he is between the age of 63 and 65 and he would have been entitled to invalidity pension if he had not attained the age of 63."

Moreover Section 36A provides that in the case of a person who has worked as a miner for a period of at least five years, the pensionable age is reduced by one month for every five months of work in a mine, but in no case is reduced below the age of 5860 years. [Report 1993-C102]

V - 3. Persons protected [STAT↑]

Article 27. C102 and ECSS

The persons protected shall comprise:

(a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or

(b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents; or

(c) all residents whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67.

RF/C102/ECSS: please state to which of the sub-paragraphs of this Article recourse is had.

Recourse is had paragraph (b) of this Article [Report 2007-C102; no information in the governmental reports on the ECSS since 2006]

RF/C102/ECSS: please indicate the classes of persons protected in accordance with the provisions of this Article, unless you have recourse to sub-paragraph (c).

The persons protected comprise "employed persons", self-employed persons" and "voluntarily" insured persons. For the definition of "employed person" and "self-employed person" see under Article 15 above.

Voluntarily insured persons comprise persons who have for any reason ceased to be compulsorily insured either as employed or self-employed persons and persons working outside Cyprus in the service of Cypriot employers. [Report 1993-C102]

TITLE II (Article 74)

A. Number of economically active persons protected:

(i) under general scheme ………………… 429.088

(ii) under special schemes ………………… ---

_______

(iii) Total ……………… 429.088 =======

B. Total number of residents ……………………. 847.000

C. Total number of economically active persons (A(iii)) per cent of total number of residents (B): 50.66%

The number given in A(i) above is the total number of persons who have paid or been credited with contributions to the Social Insurance Scheme in 2015.

The number given in B above is the total number of residents in the

Government controlled area of Cyprus which was estimated for 2015 on the basis of the census of population of 2011.

D. Not applicable.

~~[Report 2015-ECSS]~~

V - 4. Calculation of Benefit [STAT↑]

Article 28. C102 and ECSS

The benefit shall be a periodical payment calculated as follows:

(a) where classes of employees or classes of the economically active population are protected, in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66;

(b) where all residents whose means during the contingency do not exceed prescribed limits are protected, in such a manner as to comply with the requirements of Article 67.

Recourse is had to Article 65 for the calculation of old-age benefit.

According to Article 35A of the Social Insurance (Amendment) Law 193(I)/2012 as of January 1st 2013 Actuarial reduction of pension entitlements from the General Social Insurance Scheme by 0.5% per month for retirements earlier than the statutory retirement age in line with the planned increase in the minimum age for entitlement to an unreduced pension to reach 65 (by 6 months per year), between 2013 and 2016.

This provision was introduced as part of the measures required by the MoU that Cyprus concluded with Troika in order for Cyprus to secure a financial bailout. The measure aims at improving the financial sustainability of the Social Insurance System while at the same time reducing early exit from the labor market in line with the Council Country Specific Recommendations of 2012. [Report 2015-ECSS]

TITLE I (Article 65)

RF/C102/ECSS: please indicate the maximum amount prescribed for the benefit or for the earnings taken into account for the computation of the benefit.

RF/C102/ECSS: please state to which of the provisions of paragraph 3 of Article 65, and if so, please indicate the maximum amount prescribed for the benefit or for the earnings taken into account for the computation of the benefit.

~~The weekly wage used is that of the “welder and flame cutter” (Code 7212 (ISCO), Industry 28 (Nace Rev.1)).~~ ~~[Report 2007-C102]~~The weekly wage of the skilled manual worker for 2015 is not available as the survey for wages will not be conducted again. The weekly wage was suggested from Cyprus to the ILO and it was approved (ISCO 7212) by email of September 27^th 2016 the wage asinConstruction which is the second sector with the highest number of employees.

RF/C102/ECSS: please indicate the amount of the wage of the skilled manual male employee selected.

The weekly wage for 2015 according to ISCO 7212 was €471,47.~~estimated wage of the skilled manual worker was €465.16 in 2014.~~ ~~[Report 2015-ECSS]~~

TITLE III (Article 65)

D. The amount of the weekly benefit granted to the standard beneficiary whose earnings are equal to the reference wage (€471.47) and with a full insurance record from 1967 to 30.6.2016 (48.75 years) is €285.45 or 60.54% of the reference wage as against 40% provided by the Code.

E. Not applicable.

F. Not applicable.

G. The following Table gives examples of the weekly amount of pension as a percentage of the reference wage of the standard beneficiary with varying years of insurance.

Years of

insurance

Amount of benefit

for standard beneficiary (€)

Benefit as % of

reference wage

(€471.47)

246

231.80

52.18%

49.16%

~~[Report 2015-ECSS]~~

TITLE V (Article 65)

(with full insurance record):

D. Amount granted during the time basis: €250.57

G. Amount of benefit (D) per cent of the standard wage (€471.47): 53.15% (€250.57: €471.47).

B. Not applicable.

V - 5. Adjustment of benefits [STAT↑]

§10 Article 65, §8 Article 66. C102 and ECSS

The rates of current periodical payments in respect of old age, employment injury (except in case of incapacity for work), invalidity and death of breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living.

TITLE VI (Article 65)

1. 1. The amount of the basic part of pensionsis adjusted on the 1^stof january every year at the same rate as the adjustment of the basic insurable earning on the basis of Article 20 of the Social Insurance Law 59 (I) /2010. The amount of the basic insurable earnings is set each year and increased by Cabinet decree (published in the Official Gazette of the Republic) on the basis of the percentage increase of the average insurable earnings in the previous contribution year comparedto the contribution year immediately preceding it. ~~Furthermore~~However, according to the Social Insurance Law (amended) 193 (I) / 2012 the application of paragraphs the adjustment of pensions aresuspended for the period 1/1/2013 – 31/12/2016. The supplementary benefit is adjusted from the same date as the basic part at the same rate as the increase of the average of theConsumer price Index at the second half of each year in comparison to the average CPI of the previous year.

[PNL↑] [Report 1993-C102; no information in the governmental reports on the ECSS since 2006]

Period under Review	Cost-of-living Index	Index of earnings ⁽¹⁾ in money terms
A. Beginning of period - July 2015	115.50⁽²⁾	829.57 ⁽³⁾
B. End of period - June 2016	98.52	788.09⁽⁴⁾
C. Percentage A B	117.23%	105.26%

[Report 20165-ECSS]

Period under Review

Benefit

Weekly

average

benefit per

beneficiary

Weekly

benefit for

standard

beneficiary

Benefit for

standard beneficiary as percentage of reference wage

III

A. Beginning of period

- July 2015

€168.12

€352.13

75.70%⁽¹⁾

B. End of period

- June 2016

€167.87

€356.74 ⁽²⁾

75.66%⁽²⁾

C. Percentage A

100.1%

98.70%

[Report 20165-ECSS]

V - 6. Qualifying period

§1(f) Article 1 C102, §1(i) Article 1 ECSS and C128

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

Article 29. C102 and ECSS

1. The benefit specified in Article 28 shall, in a contingency covered, be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period which may be 30 years of contribution or employment, or 20 years of residence; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a prescribed qualifying period of contribution and in respect of whom while he was of working age, the prescribed yearly average number of contributions has been paid.

2. Where the benefit referred to in paragraph 1 of this article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period of 15 years of contribution or employment; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a prescribed qualifying period of contribution and in respect of whom, while he was of working age, half the yearly average number of contributions prescribed in accordance with paragraph 1.b of this Article has been paid.

3. The requirements of paragraph 1 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part XI but at a percentage of ten points lower than shown in the Schedule appended to that Part for the standard beneficiary concerned is secured at least to a person protected who has completed, in accordance with prescribed rules, ten years of contribution or employment, or five years of residence.

4. A proportional reduction of the percentage indicated in the Schedule appended to Part XI may be effected where the qualifying period for the benefit corresponding to the reduced percentage exceeds ten years of contribution or employment but is less than 30 years of contribution or employment; if such qualifying period exceeds 15 years, a reduced benefit shall be payable in conformity with paragraph 2 of this Article.

5. Where the benefit referred to in paragraphs 1, 3 or 4 of this Article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be payable under prescribed conditions to a person protected who, by reason only of his advanced age when the provisions concerned in the application of this Part come into force, has not satisfied the conditions prescribed in accordance with paragraph 2 of this Article, unless a benefit in conformity with the provisions of paragraphs 1, 3 or 4 of this Article is secured to such person at an age higher than the normal age.

1. No change. [Report 2015-ECSS]

2. According to the Social insurance Amendment Law 193(I)/2012 as of April 1st 2013 gradual (1 year per year) there is going to be an extension of the minimum contributory period in the system from the current 10 years to at least 15 years over the period 2013-17. [Report 2015-ECSS]

3. Not applicable.

4. Not applicable.

5. [PNL↑] According to Article 24 (2) 6 of the Social Insurance (Amendment) Law 5922(l) of 201009 the maximum number of years contributions are credited to an insured person for periods of full time education is 6..

According to According to Article 2312of the Third Table of the Social Insurance (Amendment) Law 59 22(l) of 201009the contribution conditions for old age pension are:

i. the insured person has attained actual basic insurance of at least 10 insurance points and 520 weeks have elapsed since the week of commencement of insurance.

The actual basic insurance is gradually increasing from 10 to at least 15 insurance points, starting from April 2013 as follows:

• Since the first Monday of April 2013, the insured person has attained actual basic insurance of at least 11 insurance points and 572 weeks have elapsed since the week of commencement of insurance,

• Since the first Monday of January 2014 the insured person has attained actual basic insurance of at least 12 insurance points and 624 weeks have elapsed since the week of commencement of insurance,

• Since the first Monday of January 2015 the insured person has attained actual basic insurance of at least 13 insurance points and 676 weeks have elapsed since the week of commencement of insurance,

• Since the first Monday of January 2016 the insured person has attained actual basic insurance of at least 14 insurance points and 728 weeks have elapsed since the week of commencement of insurance and

• Since the first Monday of January 2017, the insured person has attained actual basic insurance of at least 15 insurance points and 780 weeks have elapsed since the week of commencement of insurance.

ii. As of the first Monday of 2010 the total number of actual and assimilated basic insurance points of the insured person should not be less than 30% of the years in the relevant referenceperiod.

V -7. Duration of Benefit

Article 30. C102 and ECSS

The benefits specified in Articles 28 and 29 shall be granted throughout the contingency.

According to Article 35(2) of the Social Insurance Law 59 (I)/2010 oOld age pension is payable for life.

V - 8. Suspension of Benefit [PNL?]

According to Article 39 (1) of the Social Insurance Law 59 (I) /2010 an insured person who is entitled to old age pension has the right to request for the suspension of its payment upon he /she reaches the age of 68. In this case, the amount of old-age pension is increased by 0.5% for every month between the month of postponement and the month of the beginning of the pension. ~~See under Part XIII-1~~

V - 9. Right of appeal [PNL?]

~~See under Part XIII-2~~

V - 10. Financing and Administration [PNL?] [STAT↑]

See under Part XIII-3

Part VI. Employment Injury Benefit

List of applicable legislation [PNL↑] *

· The Social Insurance Law (amendment) 106 (I)/2014 (copy enclosed)

· The Social Insurance Law (amendment) 194 (I)/2014 (copy enclosed)

[Report 2015-ECSS]

VI - 1. Regulatory framework

Article 31. ECSS

Each Contracting Party for which this part of the Code is in force shall secure to the persons protected the provision of employment injury benefit in accordance with the following articles of this part.

Please give a general description of the design of the scheme and of the objectives of national policy.

The benefits for employment accidents and occupational diseases are as follows:

a. injury benefit (temporary incapacity);

b. disability benefit (disability grant or pension); and

c. death benefit

Injury benefit is payable to any employed person who is incapable of work as a result of an employment accident or occupational disease. The benefit is payable for up to 12 months from the date of accident or contraction of the disease..

Disability benefit is payable to any employed person, who as a result of an employment injury, suffers a loss of physical or mental faculty of a degree of not less than 10% with the exception for disability due to pneumoconiosis, which is compensated from 1%. Disability benefit may take the form of either a grant (lump sum) or a pension, depending on the degree of disability. The first is payable for disability between 10% and 19%and the latter for disability 20% and above (no benefit is payable for disability below 10%). Indicatively, the disability grant for 2013 is €3.777,87 for 10% disability and rises accordingly for every degree above 10% reaching €7.177,94 for 19% disability.

The death benefit includes: i. Widow’s / widower’s pension, ii. Orphan’s benefit, and iii.Parent’s allowance.

· Widow’s pension is paid to the survivors of an employed person, who dies as a result of an employment injury. In certain cases it is paid to the widower of an employed person, who dies as a result of an employment injury.

· The orphan’s benefit for death caused by employment injury is payable to a minor, as in the case of the ordinary orphan’s benefit.

· The parent’s allowance, is payable in case the deceased insured person died due to employment injury or occupational disease.

VI - 2. Contingency covered [PNL?]

Article 32. ECSS

The contingencies covered shall include the following where the state of affairs described is due to accident or a prescribed disease resulting from employment:

а) a morbid condition;

b) incapacity for work resulting from such a condition and involving suspension of earnings, as defined by national laws or regulations;

c) total loss of earning capacity or partial loss thereof in excess of a prescribed degree, likely to be permanent, or corresponding loss of faculty; and

d) the loss of support suffered by the widow or child as the result of the death of the breadwinner; in the case of a widow, the right to benefit may be made conditional on her being presumed, in accordance with national laws or regulations, to be incapable of self‑support.

RF/ECSS: please state whether national laws or regulations prescribe a minimum degree of loss of earning capacity that gives rise to the benefit stipulated in Articles 34 and 36, and if so, indicate the degree.

According to Article 49 of the Social Insurance Law, in case the Medical Board decides that the degree of incapacity for work due to occupational accident and or disease is less than 10% (as it is calculated in paragraphs (2) – (6) of Article 49) is not considered to be loss of capacity to work.

If the degree of incapacity for work is between 10% -19% then a lump sum payment is paid to the beneficiary.

If the degree of incapacity for work is 20 % or higher, a pension is paid to the beneficiary

Article 6. C121

The contingencies covered shall include the following where due to an employment injury:

(a) a morbid condition;

(b) incapacity for work resulting from such a condition and involving suspension of earnings, as defined by national legislation;

(c) total loss of earning capacity or partial loss thereof in excess of a prescribed degree, likely to be permanent, or corresponding loss of faculty; and

(d) the loss of support suffered as the result of the death of the breadwinner by prescribed categories of beneficiaries.

RF/C121: please state in particular the minimum degree of loss of earning capacity prescribed by national laws or regulations that gives rise to cash benefits in accordance with Article 14, paragraph 1.

See part VI-1

VI – 3. Definition of Industrial Accident [PNL?]

§1(c) Article 1 C121

The term industrial undertaking includes all undertakings in the following branches of economic activity: mining and quarrying; manufacturing; construction; electricity, gas, water and sanitary services; and transport, storage and communication.

Article 7. C121

1. Each Member shall prescribe a definition of "industrial accident", including the conditions under which a commuting accident is considered to be an industrial accident, and shall specify the terms of such definition in its reports upon the application of this Convention submitted under Article 22 of the Constitution of the International Labour Organisation.

2. Where commuting accidents are covered by social security schemes other than employment injury schemes, and these schemes provide in respect of commuting accidents benefits which, when taken together, are at least equivalent to those required under this Convention, it shall not be necessary to make provision for commuting accidents in the definition of "industrial accident".

RF/C121:

A. Please quote the definition of “industrial accident” for each scheme concerned and, if recourse is not had to paragraph 2 of Article 7, indicate the conditions under which a commuting accident is considered an industrial accident.

B. If recourse is had to paragraph 2 of Article 7, please specify any social security scheme or schemes other than an employment injury scheme, which applies to commuting accidents and the benefits provided by each such scheme.

According to Article 47 of the Social Insurance Law an industrial accident is the accident which has taken place at the workplace and during work hours for reasons related to the employed persons’ work or in transit from/to the workplace. Furthermore, according to Paragraph 3 of Article 47 an accident is considered to be an industrial accident even if the employee was acting against the regulations and instructions set by his employer while performing his duties. ~~[no information in the governmental reports on C121 since 1989]~~

VI – 4. Definition of Occupational Disease [PNL?]

Article 8. C121

Each Member shall:

(a) prescribe a list of diseases, comprising at least the diseases enumerated in Schedule I to this Convention, which shall be regarded as occupational diseases under prescribed conditions; or

(b) include in its legislation a general definition of occupational diseases broad enough to cover at least the diseases enumerated in Schedule I to this Convention; or

(c) prescribe a list of diseases in conformity with clause (a), complemented by a general definition of occupational diseases or by other provisions for establishing the occupational origin of diseases not so listed or manifesting themselves under conditions different from those prescribed.

RF/C121:

Please specify, according to the clause of this Article to which recourse is had:

(a) the list of diseases

(b) the general definition of occupational disease ; or

Please refer to ~~[no information in the governmental reports on C121 since 1989~~the attached Administrative Act 285/2010 for the relevant information.

According to Article 56 of the Social Insurance Law an occupational disease is the disease which is caused because of the nature of a defined employment. The benefits paid as a result of an occupational disease are the same as the benefits paid in case of an employment injury benefit. ]

See attached list of occupational deseases

VI - 5. Persons protected [STAT↑]

Article 33. ECSS

The persons protected shall comprise prescribed classes of employees, constituting not less than 50 per cent of all employees, and, for benefit in respect of death of the breadwinner, also their wives and children.

Article 4. C121

1. National legislation concerning employment injury benefits shall protect all employees, including apprentices, in the public and private sectors, including co-operatives, and, in respect of the death of the breadwinner, prescribed categories of beneficiaries.

2. Any Member may make such exceptions as it deems necessary in respect of:

(a) persons whose employment is of a casual nature and who are employed otherwise than for the purpose of the employer's trade or business;

(b) out-workers;

(c) members of the employer's family living in his house, in respect of their work for him;

(d) other categories of employees, which shall not exceed in number 10 per cent. of all employees other than those excluded under clauses (a) to (c).

RF/ECSS: please indicate the classes of employees protected, in accordance with the provisions of this Article.

Employed persons including apprentices are entitled to employment injury benefits.

Self-employed persons are not entitled to employment injury benefits. ~~[no information in the governmental reports on the ECSS since 2006]~~

B. TITLE I (Article 74)

A. Number of employees protected:

(i) under general scheme 398.605

(ii) under special schemes NIL

_______

Total 398.605

=======

B. Total number of employees 304.727

Τhe number of employees in A (i) above represents the total number of employed persons who have paid or been credited with contributions to the Social Insurance Scheme in 2015.

The total number of employees in B above is provided according to the Labour Force Survey (L.F.S.) (2015) prepared by the Statistical Service of the Ministry of Finance.

Please refer to the Part IV, Unemployment Benefit for further explanation regarding the number of employees above.

VI - 6. Types of benefits [PNL?]

§1§2. Article 9. C121

1. Each Member shall secure to the persons protected, subject to prescribed conditions, the provision of the following benefits:

(a) medical care and allied benefits in respect of a morbid condition;

(b) cash benefits in respect of the contingencies specified in Article 6, clauses (b), (c) and (d).

2. Eligibility for benefits may not be made subject to the length of employment, to the duration of insurance or to the payment of contributions: Provided that a period of exposure may be prescribed for occupational diseases.

RF/C121:

Please indicate whether eligibility for benefits is not subject to a condition as to the length of employment, the duration of insurance or the payment of contributions.

There are no insurance conditions that need to be satisfied. for the payment of employment injury benefit. It is sufficient that the employee was employed on the day he/she had the accident or he/she suffered from the occupational disease, that he/she cannot work because of this and he/she is not receiving salary or wage in full for this period. ~~[no information in the governmental reports on C121 since 1989]~~

Article 34. ECSS

1. In respect of a morbid condition, the benefit shall be medical care as specified in paragraphs 2 and 3 of this article.

2. The medical care shall comprise:

a) general practitioner and specialist in‑patient care and out‑patient care, including domiciliary visiting;

b) dental care;

c) nursing care at home or in hospital or other medical institutions;

d) maintenance in hospitals, convalescent homes, sanatoria or other medical institutions;

e) dental, pharmaceutical and other medical or surgical supplies, including prosthetic appliances, kept in repair, and eyeglasses; and

f) the care furnished by members of such other professions as may at any time be legally recognised as allied to the medical profession, under the supervision of a medical or dental practitioner.

3. The medical care provided in accordance with the preceding paragraphs shall be afforded with a view to maintaining, restoring or improving the health of the person protected and his ability to work and to attend to his personal needs.

RF/ECSS:

1. Please indicate in detail for each scheme concerned, the nature of the medical benefits provided referred to in paragraph 2.

2. Please confirmed that, in accordance with the provisions of this Article, the beneficiary is not required to share in the cost of the medical care received. If the scheme provides for the reimbursement of the expenses which the beneficiary was obliged to incur in order to obtain the benefits stipulated in paragraph 2 of this Article, please furnish all available information to show that the beneficiary does not share in the cost of such benefits.

3. Please state what measures are taken to give effect to paragraph 3 of this Article.

According to Article 59 of the Social Insurance Law free healthcare is provided to all beneficiaries by state hospitals and doctors. Should the employer have a health plan, the cost of private hospitals and doctors is covered up to an amount not exceeding the fees paid to state institutions by the Social Insurance Fund. It should be noted that only healthcare deemed to be necessary as a result of the physical injury sustained by the beneficiary is covered. ~~[no information in the governmental reports on the ECSS since 2006]~~

Article 10.C121

1. Medical care and allied benefits in respect of a morbid condition shall comprise--

(a) general practitioner and specialist in-patient and out-patient care, including domiciliary visiting;

(b) dental care;

(c) nursing care at home or in hospital or other medical institutions;

(d) maintenance in hospitals, convalescent homes, sanatoria or other medical institutions;

(e) dental, pharmaceutical and other medical or surgical supplies, including prosthetic appliances kept in repair and renewed as necessary, and eyeglasses;

(f) the care furnished by members of such other professions as may at any time be legally recognised as allied to the medical profession, under the supervision of a medical or dental practitioner; and

(g) the following treatment at the place of work, wherever possible:

(i) emergency treatment of persons sustaining a serious accident;

(ii) follow-up treatment of those whose injury is slight and does not entail discontinuance of work.

2. The benefits provided in accordance with paragraph 1 of this Article shall be afforded, using all suitable means, with a view to maintaining, restoring or, where this is not possible, improving the health of the injured person and his ability to work and to attend to his personal needs.

RF/C121:

A. Unless recourse is had to Article 12, please indicate in detail for each scheme concerned the nature of the medical benefits provided which are referred to in paragraph 1 above.

B. Please state what measures are taken to give effect to paragraph 2.

VI - 7. Vocational rehabilitation[PNL?]

Article 35. ECSS

1. The institutions or government departments administering the medical care shall co‑operate, wherever appropriate, with the general vocational rehabilitation services, with a view to the re‑establishment of handicapped persons in suitable work.

2. National laws or regulations may authorise such institutions or departments to ensure provision for the vocational rehabilitation of handicapped persons.

RF/ECSS: Please state briefly what measures are taken to give effect to the provisions of this Article.

Persons who are in receipt of invalidity pension, incapacity pension or employment injury benefit are obliged under the provisions of Articles 40 and 55 of the Social Insurance Law to participate in any professional rehabilitation schemes deemed to be suitable by the Director of Social Insurance Services.. ~~[no information in the governmental reports on the ECSS since 2006]~~

VI - 8. Calculation of Benefit [STAT↑]

Article 36. ECSS

1. In respect of incapacity for work, total loss of earning capacity likely to be permanent, or corresponding loss of faculty, or the death of the breadwinner, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66.

2. In case of partial loss of earning capacity likely to be permanent, or corresponding loss of faculty, the benefit, where payable, shall be a periodical payment representing a suitable proportion of that specified for total loss of earning capacity or corresponding loss of faculty.

3. The periodical payment may be commuted for a lump sum:

a) where the degree of incapacity is slight; or

b) where the competent authority is satisfied that the lump sum will be properly utilised.

Article 13. C121

The cash benefit in respect of temporary or initial incapacity for work shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 19 or with the requirements of Article 20.

[the last information on the Article 13 was received in the Report 1993-C121]

Article 14. C121

1. Cash benefits in respect of loss of earning capacity likely to be permanent or corresponding loss of faculty shall be payable in all cases in which such loss, in excess of a prescribed degree, remains at the expiration of the period during which benefits are payable in accordance with Article 13.

2. In case of total loss of earning capacity likely to be permanent or corresponding loss of faculty, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 19 or with the requirements of Article 20.

3. In case of substantial partial loss of earning capacity likely to be permanent which is in excess of a prescribed degree, or corresponding loss of faculty, the benefit shall be a periodical payment representing a suitable proportion of that provided for in paragraph 2 of this Article.

4. In case of partial loss of earning capacity likely to be permanent which is not substantial but which is in excess of the prescribed degree referred to in paragraph 1 of this Article, or corresponding loss of faculty, the cash benefit may take the form of a lump-sum payment.

5. The degrees of loss of earning capacity or corresponding loss of faculty referred to in paragraphs 1 and 3 of this Article shall be prescribed in such manner as to avoid hardship.

[the last information on the Article 14 was received in the Report 1993-C121]

Article 18. C121

1. The cash benefit in respect of death of the breadwinner shall be a periodical payment to a widow as prescribed, a disabled and dependent widower, dependent children of the deceased and other persons as may be prescribed; this payment shall be calculated in such a manner as to comply either with the requirements of Article 19 or with the requirement of Article 20: Provided that it shall not be necessary to make provision for a benefit to a disabled and dependent widower where the cash benefits to other survivors are appreciably in excess of those required by this Convention and where social security schemes other than employment injury schemes provide to such widower benefits which are appreciably in excess of those in respect of invalidity required under the Social Security (Minimum Standards) Convention, 1952.

2. In addition, a funeral benefit shall be provided at a prescribed rate which shall not be less than the normal cost of a funeral: Provided that where cash benefits to survivors are appreciably in excess of those required by this Convention the right to funeral benefit may be made subject to prescribed conditions.

3. Where a declaration provided for in Article 2 is in force and the Member concerned considers that it lacks the necessary administrative facilities for periodical payments, the periodical payment provided for in paragraph 1 of this Article may be converted into a lump sum corresponding to the actuarial equivalent thereof, as computed on the basis of available data.

According to Article 46, Fifth Table – Part I of the Social Insurance Law, the weekly rate of benefit is 60% of the insurable earnings up to the basic earnings, increased by 20% for a dependant spouse and by 10% for each of the children or other dependants (the maximum number of dependent children and other dependants are two). In case there is no increase for the spouse, 10% increase is paid up to 2 dependants. If both spouses are entitled simultaneously to a benefit the increase for dependants is paid only to the spouse who is entitled to the increase with the greater height. The weekly amount of supplementary allowance is equal to 50% of the weekly value of the insurable earnings that exceeds the basic insurable earnings up to a maximum of two times the basic insurable earnings. The benefit is not payable in case the employed person concerned receives full wages. If reduced wages are paid, the benefit payable, added to the wages paid, must not exceed full wages.

RF/ECSS: please state whether recourse is had, under paragraph 1 of this Article, to the provisions of Article 65 or to those of Article 66, for the calculation of the benefit.

No change. The weekly amount of the constant allowance for 2016 remained the same as the year 2015 that is €57.08.

RF/ECSS: please furnish under this Article, the following information, with separate reference to the different contingencies covered:

(i) As regards incapacity for work, in the form set out in Titles I, II and V under Article 65 below:

Injury Benefit

TITLE I (Article 65)

RF/ECSS: please indicate the maximum amount prescribed for the benefit or for the earnings taken into account for the computation of the benefit.

According to Article 46 of the Fifth Table – Part I of the Social Insurance Law for the calculation of the amount of the injury benefit is taken into consideration 60% of the insurable earnings up to the basic earnings and 50% of the weekly value of the insurable earnings that exceeds the basic insurable earnings up to a maximum of two times the basic insurable earnings.

It should be noted that if the insurable earnings of the person concerned are below the basic insurable earnings or he /she has not any earnings, the amount paid to them is equal to the 60% of the basic insurable earnings.

The amount of the weekly basic insurable earnings and the ceiling of earnings on which contributions are payable remained the same in 2015. The amounts are €174.38 and €1046 respectively. [Report 2015-ECSS]

RF/ECSS: please state to which of the provisions of paragraph 6 and following of Article 65 you have recourse for selecting the skilled manual male employee to whose wage paragraph 3 of Article 65 refers. […]

RF/ECSS: please indicate the amount of the wage of the skilled manual male employee selected.

The estimated wage of the skilled manual worker was €471.47 in 2015.

1. Not applicable.

2. Not applicable.

[Report 2015-ECSS]

TITLE II (Article 65)

RF/ECSS: amount of benefit granted during the time basis.

Weekly amount of injury benefit for the standard beneficiary: €322.93. [Report 2015-ECSS]

RF/ECSS: amount of family allowances, if any, payable during the contingency for a period equal to the time basis.

No change. [Report 2015-ECSS]

RF/ECSS: amount of family allowances, if any, payable during the contingency for a period equal to the time basis.

No change. [Report 2015-ECSS]

RF/ECSS: sum of benefit and family allowance payable during the contingency (D+E) per cent of sum of the standard wage and family allowance payable during employment (C+E).

Percentage of the weekly amount of injury benefit payable (€322.93~~19.77~~) in relation to the weekly amount of the reference wage (€471.47~~65.16~~): 68.4969% (€322.93~~19.77~~ : €471.47~~65.16~~).

The amount of the periodical benefit does not vary by region. [Report 2015-ECSS]

TITLE V (Article 65)

D. Amount of benefit granted during the time basis: €253.17~~0.01~~[Report 2015-ECSS]

G. Amount of benefit (D) per cent of the standard wage (€471.47~~65.16~~):

53.74% (€253.18~~0.01~~ : €471.47~~65.16~~). [Report 2015-ECSS]

Disablement Benefit

TITLE I (Article 65)

RF/ECSS: please indicate the maximum amount prescribed for the benefit or for the earnings taken into account for the computation of the benefit.

According to Article 46 of the Fifth Table – Part IV of the Social Insurance Law the disability pension consists of (i) the basic pension and (ii) the supplementary pension. The weekly basic disability pension for 100% disability is 60% of the weekly amount of the basic insurable earnings, increased το 80% for the first dependant, 90% for two dependants and 100% for three dependants. The weekly supplementary pension is 60% to the weekly average of insurable earnings of the beneficiary, above the basic insurable earnings, in the period beginning the first day of the second year before the year in which the accident occurred and ending the day of accident.

The disability pension for a degree of disability below 100% is proportional to the actual degree. However, if the disability renders the person concerned permanently incapable of work, the disability benefit is payable as if the degree of disablement would be equal to the percentage of invalidity.

A constant attendance allowance per month is payable for disability pensioners with degree of disablement equal to 100% in need of constant care

[no information in the governmental reports on the ECSS since 2006]

RF/ECSS: please indicate the amount of the wage of the skilled manual male employee selected.

The estimated wage of the skilled manual worker was €471.47 in 2015.

TITLE II (Article 65)

D. Weekly amount of disablement benefit for the standard beneficiary: €352.63~~348.85~~

[Report 2015-ECSS]

RF/ECSS: amount of family allowances, if any, payable during employment for a period equal to the time basis.

No change.

[Report 2015-ECSS]

RF/ECSS: amount of family allowances, if any, payable during the contingency for a period equal to the time basis.

No change.

[Report 2015-ECSS]

G. Percentage of the weekly amount of disablement benefit in relation to the weekly amount of the reference wage: 74.975% (€352.63~~348.85~~ : €471.47~~465.16~~).

[Report 2015-ECSS]

TITLE V (Article 65)

D. Amount of benefit granted during the time basis: €282.87~~279.09~~ ~~[Report 2015-ECSS]~~

G. Amount of benefit (D) per cent of the standard wage (€471.47~~465.16~~):

60% (€282.87~~279.09~~ : €471.47~~465.16~~) ~~[Report 2015-ECSS]~~

Death Benefit

TITLE I (Article 65)

RF/ECSS: please indicate the maximum amount prescribed for the benefit or for the earnings taken into account for the computation of the benefit.

Widow’s pension is paid to the survivors of an employed person, who dies as a result of an employment injury. In certain cases it is paid to the widower of an employed person, who dies as a result of an employment injury.

Article 46 Fifth Table – Part II (a) of the Social Insurance Law describe the conditions for the award of widow’s pension which are the same as the conditions described above regarding the award of disablement benefit.

[no information in the governmental reports on the ECSS since 2006]

ü According to the point C, the standard wage is determined for the welders and flame cutters (ISCO 7212)

C. The mean normal hourly wage rate for 20154 was €471.47~~65.16~~ (ISCO 7212).

1. Not applicable.

2. Not applicable. [Report 2015-ECSS]

TITLE IV (Article 65)

D. Amount of widow/er’s pension for the standard beneficiary: €261.62 per

week. [Report 2015-ECSS]

E. No change. [Report 2015-ECSS]

F. No change. [Report 2015-ECSS]

G. Percentage of the weekly amount of widow/er’s pension in relation to the weekly amount of the standard wage: 56% (€263.89~~261.62~~: €471.47~~465.16~~).

Α funeral grant is payable where the victim of an employment accident or occupational disease dies. The beneficiary is the surviving spouse and, in the absence of a spouse, the person who has undertaken the funeral expenses. The amount of the funeral grant is fixed at €507,81 irrespective of the amount of the actual expenses.

The rate of benefit does not vary by region. [Report 2015-ECSS]

TITLE V (Article 65)

D. Amount of benefit granted during the time basis: €211.27~~209.30~~

[Report 2015-ECSS]

G. Amount of benefit (D) per cent of the standard wage (€471.47~~465.16~~): 44.8145% (€211.27~~09.30~~ : €471.47~~465.16~~).

[Report 2015-ECSS]

RF/ECSS: please indicate what proportion of the benefit in respect of total loss of earning capacity is granted in case of partial loss of earning capacity likely to be permanent, or corresponding loss of faculty.

[no information in the governmental reports on the ECSS since 2006]

RF/ECSS: please state whether recourse is had to paragraph 3 of Article 36 and, if so, please specify:

(a) the maximum degree of incapacity in respect of which periodical payments may be commuted for a lump sum;

(b) what measures are taken to allow the competent authority to satisfy itself that the lump sum will be properly utilised by the beneficiary.

Where the degree of disability is between 10% and 19% a disablement grant is payable instead of a pension. The amount of the grant varies according to the degree of disablement as shown in the Table below. [Report 2015-ECSS]

Degree of disablement

Amount

€

10%

11%

12%

13%

14%

15%

16%

17%

18%

19%

3.777,87

4.155,65

4.533,44

4.911,22

5.289,01

5.666,80

6.044,58

6.422,37

6.800,16

7.177,94

Article 15. C121

1. In exceptional circumstances, and with the agreement of the injured person, all or part of the periodical payment provided for in paragraphs 2 and 3 of Article 14 may be converted into a lump sum corresponding to the actuarial equivalent thereof when the competent authority has reason to believe that such lump sum will be utilized in a manner which is particularly advantageous for the injured person.

2. Where a declaration provided for in Article 2 is in force and the Member concerned considers that it lacks the necessary administrative facilities for periodical payments, the periodical payment provided for in paragraphs 2 and 3 of Article 14 may be converted into a lump sum corresponding to the actuarial equivalent thereof, as computed on the basis of available data.

RF/C121:

A. Please state whether recourse is had to paragraph 1 of this Article and, if so, please specify:

(i) the circumstances in which periodical payments may be in whole or in part converted into lump sums

(ii) the method of calculating the lump-sum actuarial equivalent of the periodical payment

(iii) what measures are taken to enable the competent authority to satisfy itself that lump sums will be utilized in a manner which is particularly advantageous for the injured person.

B. If a declaration under Article 2 has been made in respect of Article 15 (2), please-

(i) supply the information required under Article 2 , and

(ii) indicate the method of calculating the actuarial lump-sum equivalents of the periodical payments provided for in Article 14, paragraphs 2 and 3.

Article 55 of the Social Insutrance law provides that any person who is in receipt of disablement benefit is subject to periodical medical examinations in order to determine the percentage of his disablement. In the event where the Medical Board defines the percentage of disablement between 10% - 19% then the monthly payment is terminated and a lump sum payment is paid in accordance to the percentage of disablement as mentioned in the above table (Section D). Moreover, if the percentage of disablement is determined between 0% - 9% the payment is terminated without any lump sum payment.

[no information in the governmental reports on C121 since 1989]

VI – 9. Adjustment of Benefit

§10 Article 65, §8 Article 66. C102 and ECSS

Article 21. C121

1. The rates of cash benefits currently payable pursuant to paragraphs 2 and 3 of Article 14 and paragraph 1 of Article 18 shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living.

2. Each Member shall include the findings of such reviews in its reports upon the application of this Convention submitted under Article 22 of the Constitution of the International Labour Organisation, and shall specify any action taken.

TITLE VI (Article 65)

1. [PNL↑]Section 20 of the Social Insurance Law 59 (I) /2010 provides that the amount of the basic insurable earnings is set each year and increased by Cabinet decree (published in the Official Gazette of the Republic) on the basis of the percentage increase in average insurable earnings in the previous contribution year compared to the contribution year immediately preceding it. Furthermore, according to the Social Insurance Law (amended) 193 (I) / 2012 the application of paragraphs (1), (2), (3) and (4) of Section 77 of the Social Insurance Law which regulate the adjustment of pensions are suspended for the period 1/1/2013 – 31/12/2016. Section 21 of the Social Insurance Law provides that a survey on wages, salaries and other incomes shall be carried out once every year, after consultations with the Social Insurance Board established under section 68, and if the survey shows that the general level of wages and salaries and other incomes has increased by at least 5% since the amount of the basic insurable earnings and the ceiling of such earnings were last fixed, the said amount and ceiling shall be revised as from a prescribed date in accorance with such increase and the estimated resulting increase in insurance earnings.

~~It should be noted that, at the discretion of the Minister of Labour and Social Insurance, such revision can be made even if the aforesaid increase is less than 5%.~~ [~~Report 1993-C102; no information in the governmental reports on the ECSS since 2006~~]

2. [STAT↑]

~~Period under~~ ~~Review~~	~~Cost-of-living~~ ~~Index~~		~~Index of earnings ⁽¹⁾~~ ~~in money terms~~
A. ~~Beginning of period~~ ~~- July 2013~~	~~118.10⁽²⁾~~		~~852.59 ⁽³⁾~~
A. ~~End of period~~ ~~- June 2014~~	~~115.50~~		~~829^.57⁽⁴⁾~~
A. ~~Percentage A~~ B	~~100,22%~~		~~100,27%~~
Period under Review		Cost-of-living Index		Index of earnings ⁽¹⁾ in money terms
A. Beginning of period - July 2015		115.50⁽²⁾		829.57 ⁽³⁾
B. End of period - June 2016		98.52		788.09⁽⁴⁾
C. Percentage A B		117.23%		105.26%

~~[Report 2015-ECSS]~~

3. [STAT↑]

Period under Review	Benefit
Period under Review	Weekly average benefit per beneficiary I	Weekly benefit for standard beneficiary ^* II	Benefit for standard beneficiary as percentage of reference wage III
A. Beginning of period - July 2015	€168.12	€ 261.62 ⁽¹⁾	56% ⁽¹⁾
B. End of period - June 2016	€167.87	€263.89⁽²⁾	55.97% ⁽²⁾
C. Percentage A B	100.15%	99.13%

~~[Report 2015-ECSS]~~

VI – 10. Avoidance of hardship [PNL?]

Article 11. C121

1. Any Member which provides medical care and allied benefits by means of a general health scheme or a medical care scheme for employed persons may specify in its legislation that such care shall be made available to persons who have sustained employment injuries on the same terms as to other persons entitled thereto, on condition that the rules on the subject are so designed as to avoid hardship.

2. Any Member which provides medical care and allied benefits by reimbursing expenses may in its legislation make special rules in respect of cases in which the extent, duration or cost of such care exceed reasonable limits, on condition that the rules on the subject are not inconsistent with the purpose stated in paragraph 2 of Article 10 and are so designed as to avoid hardship.

RF/C121:

A. Please indicate, if recourse is had to paragraph 1 of this Article, the legislation which states the terms on which medical care is made available to persons who have suffered employment injury.

B. Please state whether recourse is had to paragraph 2 and, if so, indicate the special rules made.

According to Article 59 of the Social Insurance Law free healthcare is provided to all beneficiaries by state hospitals and doctors. Should the employer have a health plan, the cost of private hospitals and doctors is covered up to an amount not exceeding the fees paid to state institutions by the Social Insurance Fund. It should be noted that only healthcare deemed to be necessary as a result of the physical injury sustained by the beneficiary is covered. ~~[no information in the governmental reports on C121 since 1989]~~

Article 16. C121

Increments in periodical payments or other supplementary or special benefits, as prescribed, shall be provided for disabled persons requiring the constant help or attendance of another person.

RF/C121: please indicate the provisions which give effect to this Article, specifying in particular the amounts of the increments in the periodical payments and the other supplementary and special benefits.

In 2016 ~~No change, except that during~~ ~~the period under review~~ the weekly rate of the constant attendance allowance remained the same as the year 2015 that is €57.08.~~has been increased by the same percentage as the increase of the basic insurable earnings as follows:~~

~~by 5,35% in 1990~~

~~by 6,30% in 1991~~

~~by 6,80% in 1992~~

~~by 8,40% in 1993~~

[the last information on the Article 16 was received in the Report 1993-C121]

VI - 11. Time of the accident [PNL?]

Article 37. ECSS

The benefit specified in Articles 34 and 36 shall, in a contingency covered, be secured at least to a person protected who was employed on the territory of the Contracting Party concerned at the time of the accident if the injury is due to accident or at the time of contracting the disease if the injury is due to a disease and, for periodical payments in respect of death of the breadwinner, to the widow and children of such person.

RF/ECSS:

Please state whether, in accordance with the provisions of this Article:

(a) all employees protected who were employed in the territory at the time of the accident or at the time of contracting the disease are entitled to the benefits stipulated in Articles 34 and 36;

(b)the widow and children of an employee who was employed in the territory at the time of the accident or at the time of contracting the disease are entitled to the periodical payments stipulated in Article 36 without any conditions as to residence.

Under the provisions of the Social Insurance Law – Part IV, Articles 46 -58 all the employed persons who suffer an occupational disease or an employment injury accident have the right to free medical treatment at State Hospitals and in case of death their survivors are entitled to death benefits (widow and orphans benefits)as well as funeral grant. Furthmore the death benefits are not subject to any limitations as regards the place of residence of the beneficiary and they are exported abroad. ~~[no information in the governmental reports on the ECSS since~~ ~~2006]~~

VI – 12. Duration of Benefit [PNL?]

Article 38. ECSS

The benefit specified in Articles 34 and 36 shall be granted throughout the contingency, except that, in respect of incapacity for work, the benefit need not be paid for the first three days in each case of suspension of earnings.

RF/ECSS:

1. Please confirm that, in accordance with the provisions of this Article, the benefits stipulated in Articles 34 and 36 above are granted throughout the contingency.

2. Please state whether a waiting period is provided for in case of incapacity for work and, if so, indicate the length of such period.

3. Please indicate, with reference to Article 68 below, the provisions, if any, for the suspension of the benefits stipulated in Articles 34 and 36, under the scheme or schemes concerned.

1. According to Article 59 of the Social Insurance Law free healthcare is provided to all beneficiaries by state hospitals and doctors. Should the employer have a health plan, the cost of private hospitals and doctors is covered up to an amount not exceeding the fees paid to state institutions by the Social Insurance Fund. It should be noted that only healthcare deemed to be necessary as a result of the physical injury sustained by the beneficiary is covered. In addition, any person who is entitled to employment injury benefit, disablement benefit or invalidity pension has the right of free medical treatment throughout the contingency. Furthermore, the periodical payment of the benefits is paid also throughout the contingency. We wish to underline that the right to free medical treatment applies only the beneficiary and it is not extended to their dependents.

2. In case of incapacity of work the waiting period for the examination of the claim for sickness benefit is approximately 2- 3 months.

3. According to Article 57 of the Social Insurance Law the benefit may be suspended as follows:

(a) The beneficiary fails to present himself for medical examination following the orders of the Director of Social Insurance Services

(b) The beneficiary has omitted without any reasonable doubt to follow the instructions of the treating Doctor or the Medical Board,

(d) Through his actions caused a delay to his treatment and recovery.

Additionally Article 61 provides that the payment of the benefit is suspended if the beneficiary is sentenced to imprisonment or is under lawful custody. ~~[no information in the governmental reports on the ECSS since 2006]~~

§3. Article 9. C121

The benefits shall be granted throughout the contingency: Provided that in respect of incapacity for work the cash benefit need not be paid for the first three days:

(a) where the legislation of a Member provides for a waiting period at the date on which this Convention comes into force, on condition that the Member includes in its reports upon the application of this Convention submitted under Article 22 of the Constitution of the International Labour Organisation a statement that its reason for availing itself of this provision subsists; or

(b) where a declaration provided for in Article 2 is in force.

RF/C121:

Please indicate whether, in accordance with the provisions of this Article, the benefits mentioned in paragraph I of this Article are granted throughout the contingency, subject to such exceptions as are indicated in respect of Article 22 of the Convention.

If recourse is had to paragraph 3 (a) of this Article, please indicate:

(i) the length of the waiting period ; and

(ii) state whether the reasons for having recourse to this provision subsist during the period covered by this report.

[no information in the governmental reports on C121 since 1989]

VI - 13. Suspension of Benefit [PNL?]

See under Part XIII-1

Article 17. C121

The conditions in which periodical payments due in respect of loss of earning capacity or corresponding loss of faculty shall be reassessed, suspended or cancelled by reference to a change in the degree of loss shall be prescribed.

RF/C121: please indicate in which conditions periodical payments are reassessed, suspended or cancelled by virtue of this Article.

As it concerns the suspension of a benefit please see part VI -12 above.

Article 55 of the Social Insutrance law provides that any person who is in receipt of disablement benefit is subject to periodical medical examinations in order to determine the percentage of his disablement and reassess the overall condition of his health. Whether the benefit will continue to be paid or to be cancelled is determined by the findings of the Medical Board which in turn advice the Social Insurance Services.

~~[no information in the governmental reports on C121 since 1989]~~

Article 22. C121

1. A benefit to which a person protected would otherwise be entitled in compliance with this Convention may be suspended to such extent as may be prescribed--

(a) as long as the person concerned is absent from the territory of the Member;

(b) as long as the person concerned is maintained at public expense or at the expense of a social security institution or service;

(c) where the person concerned has made a fraudulent claim;

(d) where the employment injury has been caused by a criminal offence committed by the person concerned;

(e) where the employment injury has been caused by voluntary intoxication or by the serious and wilful misconduct of the person concerned;

(f) where the person concerned, without good cause, neglects to make use of the medical care and allied benefits or the rehabilitation services placed at his disposal, or fails to comply with rules prescribed for verifying the occurrence or continuance of the contingency or for the conduct of beneficiaries; and

(g) as long as the surviving spouse is living with another person as spouse.

2. In the cases and within the limits prescribed, part of the cash benefit otherwise due shall be paid to the dependants of the person concerned.

RF/C121:

A. Please supply information in respect of any of the suspensions authorized in paragraph 1 (a) to (g) above.

B. Please indicate in which conditions and within which limits a part of the cash benefit may be paid to the dependants of the person concerned, in accordance with the provisions of paragraph 2 of this Article.

Article 61 provides that the payment of the benefit is suspended if the beneficiary is sentenced to imprisonment or is under lawful custody In case the beneficiary is in receipt of invalidity pension then, half of the amount of the benefit is paid to his dependants. ~~[no information in the governmental reports on C121 since 1989]~~

VI – 14. Right of appeal [PNL?]

See under Part XIII-2

Article 23. C121

1. Every claimant shall have a right of appeal in the case of refusal of the benefit or complaint as to its quality or quantity.

2. Where in the application of this Convention a government department responsible to a legislature is entrusted with the administration of medical care, the right of appeal provided for in paragraph 1 of this Article may be replaced by a right to have a complaint concerning the refusal of medical care or the quality of the care received investigated by the appropriate authority.

3. Where a claim is settled by a special tribunal established to deal with employment injury benefit questions or with social security questions in general and on which the persons protected are represented, no right of appeal shall be required.

RF/C121:

1. Please state whether every claimant has a right of appeal in case of refusal of the benefit or complaint as to its quality or quantity, as stipulated in paragraph I of this Article. Please summarise the rules which apply in the case of an appeal.

2. If recourse is had to paragraph 2 of this Article, please indicate what measures are taken to ensure that every person protected has the right to have a complaint concerning the refusal of medical care or the quality of the care received investigated by the appropriate authority.

3. If recourse is had to paragraph 3 of this Article, please specify the constitution of the special tribunals to which that paragraphs applies.

If the applicant is not satisfied with the decision of the Social Insurance Services on request,Article 83(1) of the Social Insurance Law 59(I)/2010 enable him to appeal against such decision by an application to the Minister of Labour Welfare and Social Security within 15 days of being notified of such decision. If the applicant is not satisfied with the Minister’s decision may appeal to the Administrative Court within 75 days of being notified by the decision of the Minister under the provisions of Article 146 of the Constitution. ~~[no information in the governmental reports on C121 since 1989~~]

According to the Social Insurance (Amendment) Law 53(l) of 2006, a Medical Review Board is established (in addition to the Primary Medical Boards) as a secondary body, where a claimant can resort to in case he/she is not satisfied with the decision of the Primary Medical Board. [Report 2006-C121]

VI - 15. Financing and Administration [PNL?] [STAT↑]

See under Part XIII-3

Article 24. C121

1. Where the administration is not entrusted to an institution regulated by the public authorities or to a government department responsible to a legislature, representatives of the persons protected shall participate in the management, or be associated therewith in a consultative capacity, under prescribed conditions; national legislation may likewise decide as to the participation of representatives of employers and of the public authorities.

2. The Member shall accept general responsibility for the proper administration of the institutions or services concerned in the application of this Convention.

RF/C121:

Where a scheme is not administered, directly or indirectly, by a public authority please state whether the persons protected participate in the management of the scheme concerned; or whether their representatives are associated therewith. If so, please state how participation or association is secured.

[no information in the governmental reports on C121 since 1989]

Article 25. C121

Each Member shall accept general responsibility for the due provision of the benefits provided in compliance with this Convention and shall take all measures required for this purpose.

RF/C121:

Please state to what extent responsibility has been assumed by the Member for the provision of benefits.

[no information in the governmental reports on C121 since 1989]

Article 26. C121

1. Each Member shall, under prescribed conditions:

(a) take measures to prevent industrial accidents and occupational diseases;

(b) provide rehabilitation services which are designed to prepare a disabled person wherever possible for the resumption of his previous activity, or, if this is not possible, the most suitable alternative gainful activity, having regard to his aptitudes and capacity; and

(c) take measures to further the placement of disabled persons in suitable employment.

2. Each Member shall as far as possible furnish in its reports upon the application of this Convention submitted under Article 22 of the Constitution of the International Labour Organisation information concerning the frequency and severity of industrial accidents.

RF/C121:

A. Please indicate the measures taken and the rehabilitation services provided which give effect to paragraph 1 (a), (b) and (0) above,

B. Please supply statistical information concerning the frequency and severity of employment injuries.

A. No change. [STAT↑]

B. (a) Temporary incapacity

Year Number of Number of cases Number of days

accidents terminated in of incapacity

reported the year for terminated

cases

N/A

~~1992 1.764 1.668 58.140~~

~~(b) Fatal accidents~~

~~In 1992 8 fatal accidents occured.~~

[the last information on the Article 26 is contained in the Report 1993-C121]

Part VII. Family Benefit

List of applicable legislation [PNL?] *

VII - 1. Regulatory framework

~~Article 39.~~ ~~ECSS~~

~~Each Contracting Party for which this Part of this Code is in force shall secure to the persons protected the provision of family benefit in accordance with the following Articles of this Part.~~

~~Please give a general description of the design of the scheme and of the objectives of national policy.~~

VII - 2. Contingency covered [PNL↑]

~~Article 40.~~ ~~ECSS~~

~~The contingency covered shall be responsibility for the maintenance of children as prescribed.~~

Since 1.1.2012, the child benefit shall be granted to the family, which meets the income and economic (property assets) criteria, only for the number of unmarried dependent children who live with it under the same roof and “dependent children” shall be defined the children which are:

~~(a) up to 18 years old,~~

~~(b) up to 19 years old, provided they attend a school of Secondary Education,~~

~~(c) up to 21 years old, provided they are serving in the National Guard,~~

~~(d) regardless of age, children which are permanently deprived of the ability to maintain themselves.~~ ~~[Report 2012-ECSS]~~

VII - 3. Persons protected [STAT↑]

~~Article 41. ECSS~~

~~The persons protected shall comprise, as regards the periodical payments specified in Article 42 - ECSS:~~

~~(a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or~~

~~(b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents.~~

~~Number of families protected: 68.538~~^{^[3]}~~(incl.9539 single parent families)~~

~~Total number of families: 303.242~~^{^[4]}

~~Percentage of families protected during 2014: 22.60%~~

~~Total number of children for whom child benefit was paid: 120.439~~^{^[5]}

~~Total number of children up to 19 years old~~^{^[6]}~~: 190.766~~

~~Percentage of children for whom child benefit was paid during 2014: 63.13%~~

~~[ Report 2015-ECSS]~~

VII - 4. Types of Benefit

~~Article 42. ECSS~~

~~The benefit shall be:~~

~~(a) a periodical payment granted to any person protected having completed the prescribed qualifying period; or~~

~~(b) the provision to or in respect of children of food, clothing, housing, holidays or domestic help; or~~

~~(c) a combination of (a) and (b).~~

The amount of the child benefit is proportional to the number of children in the family and the level of family income. Income criteria were in place even before 1.1.2012 in order to provide the supplementary child benefit for families with low and middle incomes (based on the income obtained three years prior to the year of payment). The provision of the supplementary child benefit is still attributed to families with income up to and the double of the non-taxable income threshold (€19.500 and €39.000 respectively).

~~Since 1.1.2014,~~ ~~the following changes have been forwarded:~~

~~Income and property assets (economic) criteria~~

~~Income and property assets (economic) criteria are conditions for the child benefit provision.~~

~~A family is entitled to child benefit if its total gross family income does not exceed:~~

~~(a) €49.000 for families with one (1) dependent child,~~

~~(b) €59.000 for families with up to four (4) dependent children, and~~

(c) for families with more than four (4) dependent children, the maximum limit of annual gross family income is increased by €10,000 for each dependent child over the number of four children. For example, for a family with five (5) dependent children, the maximum limit of family income is modified at €109,000.

Regardless of the amount of income, the child benefit will be granted, provided that the total value, in current prices, of the property assets (economic criteria) of the family including real estate, shares, bonds and securities, does not exceed €1.200.000.

In calculating the family income, the gross income earned in one year before the year in which the payment of the benefit falls due, by all the family members, from work, employment, self-employment, pensions, alimony, rents, dividends, interest on deposits/bonds/securities in Cyprus or/and abroad shall be taken into account. Any public allowance provided by the Social Welfare Services or any other grant provided by any other Government Service shall also be taken into account. Excluded from the family income are provisions such as: child benefit, mother allowance, student grants, student welfare, scholarships, and grants to deprived or distressed people with disabilities or chronic illnesses as well as income from employment of children and full-time students.

~~Single-parent family benefit~~

~~There is a new provision of a new monthly allowance to single parents, based on the same income and economic criteria.~~

~~Separated spouses are not considered as single-parents unless their marriage is officially dissolved by divorce.~~

~~Eligibility applies to nationals of EU member countries who reside the last three years in the Republic of Cyprus.~~

~~Child and Single Parent Benefit Rates~~

~~The amount of child benefit and complementary single-parent family benefit for years 2013 and 2014 is described on the following tables~~:

~~Child Benefit rate for 2013~~

~~Child benefit for families with income of up to €49.000,00~~

~~Number of children in the family~~	~~Basic annual income~~ ~~per dependent child~~	~~Additional annual benefit for families with income of up to €19.500,00 in 2012, per dependent child~~	~~Additional annual benefit for families with income over €19.500,01 and up to €39.000,00 in 2012, per dependent child~~
~~Family with 1 child~~	€~~380~~	€95	€45
~~Family with 2 children~~	€~~380~~	€~~190~~	€140
~~Family with 3 children~~	€~~760~~	€~~285~~	€235
~~Family with 4 or/and more children~~	~~€1.260~~	€415	€265

~~Child benefit for families with annual gross income of €49.000,01 and above~~

~~Family Income~~ ~~in 2012~~	~~Annual child benefit~~
~~Family Income~~ ~~in 2012~~	~~Family with 2 dependent children (per dependent child)~~	~~Family with 3 dependent children (per dependent child)~~	~~Family with 4 dependent children (per dependent child)~~	~~Family with 5 or/and more dependent children~~ ~~(Per dependent child)~~
~~€49.000,01 – €59.000,00~~	€345	€~~690~~	~~€1.135~~	~~€1.135~~
~~€59.000,01 – €69.000,00~~	€305	€~~610~~	~~€1.010~~	~~€1.010~~
~~€69.000,01 – €79.000,00~~	€265	€535	€~~880~~	€~~880~~
~~€79.000,01 – €89.000,00~~	€225	€~~455~~	€~~755~~	€~~755~~
~~€89.000,01 – €99.000,00~~	~~€190~~	€~~380~~	€630	€630
~~over~~ €99.000,01*	€0	€0	€0	€630
*for families with more than 4 dependent children, the maximum limit of gross family income is increased by €10.000 for each dependent child beyond the fourth child with the amount of payable benefit rising to €630.

~~Child Benefit rate for 2014~~

~~As from 1.1.2014, the family income threshold is decreased to~~ ~~€59.000 for the families having 2 or more dependent children, and the threshold for single parent benefit is reduced to €49.000.The amount of child benefit for 2014 is analyzed below:~~

~~Child benefit for families with income of up to €59.000,00~~

~~Number of children in the family~~	~~Basic annual benefit for families with income over €49.000,01 and up to €59.000,00 in 2013~~ ~~(per dependent child)~~	~~Basic annual benefit for families with income of up to €49.000,00 in 2013~~ ~~(per dependent child)~~	~~Supplementary annual benefit for families with income of up to €19.500,00 in 2013~~ ~~(per dependent child)~~	~~Supplementary annual benefit for families with income over €19.500,01 and up to €39.000,00 in 2013~~ ~~(per dependent child)~~
~~Family with 1 child~~	0	~~€380~~	~~€95~~	~~€45~~
~~Family with 2 children~~	~~€345~~	~~€380~~	~~€190~~	~~€140~~
~~Family with 3 children~~	~~€690~~	~~€760~~	~~€285~~	~~€235~~
~~Family with 4 or/and more children~~	~~€1.135~~	~~€1.260~~	~~€415~~	~~€265~~

~~Single Parent Benefit for 2013~~

~~Single-parent family benefit for year 2013~~

~~Family income~~ ~~in 2012~~	~~Monthly allowance for every dependent child~~
~~€0 – €39.000,00~~	€~~180~~
~~€39.000,01 – €49.000,00~~	€160
~~€49.000,01 – €59.000,00~~	€140
~~€59.000,01 – €69.000,00~~	€120
~~€69.000,01 – €79.000,00~~	€100
~~€79.000,01 – €89.000,00~~	€90

~~Single Parent Benefit for 2014~~

~~TABLE F~~~~: Single-parent family benefit~~

~~Family income~~ ~~in 2013~~	~~Monthly allowance for every dependent child~~
~~€0 – €39.000,00~~	~~€180~~
~~€39.000,01 – €49.000,00~~	~~€160~~

~~[Report 2015-ECSS]~~

VII - 5. Qualifying period [PNL?]

~~Article 43.~~ ~~ECSS~~

The benefit specified in Article 42 shall be secured at least to a person protected who, within a prescribed period, has completed a qualifying period which may be one month of contribution or employment, or six months of residence, as may be prescribed.

~~Applicants must establish a minimum period of 3 years of residence in Cyprus.~~

~~[Report 2012-ECSS]~~

VII - 6. Calculation of Benefit [STAT↑]

~~Article 44. ECSS~~

The total value of the benefits granted in accordance with Article 42 to the persons protected shall be such as to represent 1.5 per cent of the wage of an ordinary adult male labourer as determined in accordance with the rules laid down in Article 66, multiplied by the total number of children of all residents.

~~The annual wage of the ordinary adult male labourer is €14.139~~

~~The total number of children up to 19 years old~~ ~~[???→~~~~p.47~~] ~~of all residents is 190.766.~~

~~The total value of benefits provided under the code is:~~

~~€14.139 X 1,5% = €212,085 per year.~~

~~€212,085 X 190.766= €40.458.607~~

~~For 2012 the total amount of Child Benefit paid was €105.940.104~~

~~[Report 2013-ECSS]~~

· ~~Replies to the Comments of the Committee of Experts~~

~~(I) The Committee would like the Government to explain how the wage of an ordinary adult male laborer is determined under Article 66 of the Code.~~

The amount of €14.139 stated under article 44 in the last report is incorrect since it concerns the average annual total remuneration of men and women. The correct amount which represents the average annual total remuneration of an ordinary male manufacturer worker is €15.315 (€293,73 per week).

The weekly wage of the ordinary adult male laborer of €315 stated in the previous reports is not comparable with the amount of €293,73, which represents the average annual total remuneration of an ordinary male manufacturer worker, since there was a break in the series and the source has changed. ~~[Report 2014-ECSS]~~

VII – 7. Minimum duration of Benefit [PNL↑]

~~Article 45.~~ ~~ECSS~~

~~Where the benefit consists of a periodical payment, it shall be granted throughout the contingency.~~

~~§1(h) Article 1.~~ ~~ECSS~~

~~The term “child” means a child under school leaving age or under 15 years of age~~ ~~[???→~~~~p.46~~], ~~as may be prescribed.~~

FAMILY BENEFIT

Article 41

(PERIOD 1/1/2015-31/12/2015)

Number of families protected: 66.587^{^[7]}(incl.9839 single parent families)

Total number of families: 303.242^{^[8]}

Percentage of families protected during 2015: 21.95%

Total number of children for whom child benefit was paid: 116.209^{^[9]}

Total number of children up to 19 years old^{^[10]}: 190.766

Percentage of children for whom child benefit was paid during 2015 : 60.91%

Article 42

The amount of the child benefit is proportional to the number of children in the family and the level of family income. Income criteria were in place even before 1.1.2012 in order to provide the supplementary child benefit for families with low and middle incomes (based on the income obtained three years prior to the year of payment). The provision of the supplementary child benefit is still attributed to families with income up to and the double of the non-taxable (gross) income threshold (€19.500 and €39.000 respectively) obtained during the previous year of the referred period.

Since 1.1.2014, the following changes have been forwarded:

Income and property assets (economic) criteria

Income and property assets (economic) criteria are conditions for the child benefit provision.

A family is entitled to child benefit if its total gross family income obtained during the previous year does not exceed:

(a) €49.000 for families with one (1) dependent child,

(b) €59.000 for families with two (2) or more dependent children

Single-parent family benefit

A complementary benefit to child benefit beneficiaries is attributed to single parents (single unmarried, divorced, widows, and spouse of a missing person) with dependent child/children, who are living without a partner.The single parent family allowance is also based on the total gross income obtained during the previous year as well as on economic criteria. A single parent is entitled to single parent benefit if its total gross income obtained during the previous year does not exceed €49.000.

Separated spouses are not considered as single-parents unless their marriage is officially dissolved by divorce.

Single parent families receiving a child benefit, are entitled to single parent benefit for each dependent child, if the single parent and the dependent child are citizens of the Republic, or nationals of a member state of the European Union and have continuous and legal residence in the areas controlled by the Republic for at least three years before the date of application for a benefit payment. Therefore, a prerequisite for the granting of the single parent benefit is the application for child benefit and its approval by the Permanent Secretary or an authorised officer.

Child and Single Parent Benefit Rates

The amount of child benefit and complementary single-parent family benefit for years 2014 and 2015 is described on the following tables:

As from 1.1.2014, the family income threshold is decreased to €59.000 for the families having 2 or more dependent children, and the threshold for single parent benefit is reduced to €49.000.

The amount of child benefit as from 1/1/2014 is analyzed below:

Child benefit for families with income of up to €59.000,00

Number of children in the family	Basic annual benefit for families with income over €49.000,01 and up to €59.000,00 obtained during the previous year (per dependent child)	Basic annual benefit for families with income of up to €49.000,00 obtained during the previous year (per dependent child)	Supplementary annual benefit for families with income of up to €19.500,00 obtained during the previous year (per dependent child)	Supplementary annual benefit for families with income over €19.500,01 and up to €39.000,00 obtained during the previous year (per dependent child)
Family with 1 child	0	€380	€95	€45
Family with 2 children	€345	€380	€190	€140
Family with 3 children	€690	€760	€285	€235
Family with 4 or/and more children	€1.135	€1.260	€415	€265

Single Parent Benefit as from 1/1/2014

TABLE F: Single-parent family benefit

Family income (obtained during the previous year)	Monthly allowance for every dependent child
€0 – €39.000,00	€180
€39.000,01 – €49.000,00	€160

The child benefit is paid monthly to families having had three or more children, irrespective of the actual number of dependent children. When the number of dependent children is reduced; the families continue to receive for the remaining dependent children the proportionate benefit that corresponds to families with three or more dependent children.

~~The child benefit is paid on annual basis to families with one or two children.~~

~~The single –parent benefit is paid monthly~~ ~~irrespective of number of children.~~

~~[Report 2012-ECSS]~~

VII - 8. Suspension of Benefit [PNL?]

~~See under Part XIII-1~~

VII – 9. Right of appeal [PNL?]

~~See under Part XIII-2~~

VII - 10. Financing and Administration [PNL?] [STAT↑]

See under Part XIII-3

Part VIII. Maternity benefit

List of applicable legislation [PNL↑] *

The Protection of Maternity Law (L100(l)/1997). The law is fully harmonized with EU Directive 92/85/EC and relevant ECJ Decisions C-460/06 and C-232/09.
The Protection of Maternity (Safety and Health at Work) Regulations of 2002 (P.I. 255/2002. The Regulations were issued under articles 13(8) and 38 of the Safety and Health at Work Laws of 1996 to 2011 and according to Article 6 of the Maternity Protection Law. These Regulations harmonise the Cyprus Legislation with the provisions of European Union Directive 92/85/EEC on the application of measures to improve the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding.
The Equal Treatment of Men and Women in Vocational Training and Employment Law (L.205(I)/2002). The legislation is fully harmonised with EU Directive 2006/54/ EC.
The Social Insurance (Amendment-Consolidation) Law of 59(I) of 2010
The Social Insurance (Amendment) Law 37(l) of 2012
The Social Insurance (Amendment) Law 193(l) of 2012

[Report 2013-C183]

VIII - 1. Regulatory framework

§1. Article 6. C183

Cash benefits shall be provided, in accordance with national laws and regulations, or in any other manner consistent with national practice, to women who are absent from work on leave referred to in Articles 4 or 5.

RF/C183: please indicate, for each of the means used, the conditions to qualify for cash benefits, the categories and the number of employed women, including those in atypical forms of dependent work, to which the conditions apply, as well as the total number of women who have been receiving cash benefits from each of the abovementioned sources in the period under review (paragraphs 1 and 5).

Maternity Benefit

According to the Social Insurance (Amendment) Law 37(I) of 2012 the payment of maternity allowance begins between the ninth (instead of the sixth) and the second week before the expected week of confinement.

According to the Social Insurance (Amendment) Law 37(I) of 2012, if the confinement occurs after the expected date of confinement, the period of the eighteen weeks is no longer increased and the total period that maternity allowance is paid is 18 weeks for all cases.

According to the Social Insurance (Amendment-Consolidation) Law of 59(l) of 2010 in the case of an adopted child, the period of maternity allowance paid increased from fourteen weeks to sixteen «Weeks with retroactive effect as of 25/7/2007.

According to the Social Insurance (Amendment) Law 37(I) of 2012 the period of sixteen weeks for which maternity allowance is paid in the case of adoption starts according to the provisions of paragraph 3 of article 3 of the Maternity protection Law 100(I) of 1997 as amended.

According to the Social Insurance (Amendment) Law 37(I) of 2012 in cases of premature labour and birth or any in any other case where the infant is hospitalized right after birth for health reasons the period for which maternity allowance is paid is extended as follows:

· For the first 21 days of hospitalization of the infant, the period is extended by one additional week.

· The period is extended by an additional week for every subsequent period of hospitalization which is between 11 and 21 days.

· The maximum period by which the payment of maternity allowance is extended is 6 weeks.

[Report 2013-C183]

VIII - 2. Persons protected [STAT↑]

§5. Article 6. C183

Each Member shall ensure that the conditions to qualify for cash benefits can be satisfied by a large majority of the women to whom this Convention applies.

The total number of approved applications for Maternity Allowance:

2008	6.925
2009	6.817
2010	7.389
2011	6.170
2012	7.561
2013^{^[11]}	4.311~~579~~
2014	7.412
2015	7.276

[Report 2013-C183]

The total number of women receiving Maternity Grant

2008	7.811
2009	7.211
2010	8.174
2011	7.997
2012	8.823
2013^{^[12]}	5.210~~876~~
2014	8.216
2015	8.250

[Report 2013-C183]

VIII - 3. Medical Care [PNL?]

§7. Article 6. C183

Medical benefits shall be provided for the woman and her child in accordance with national laws and regulations or in any other manner consistent with national practice. Medical benefits shall include prenatal, childbirth and postnatal care, as well as hospitalization care when necessary.

RF/C183: please describe the medical benefits provided for in laws and regulations or in accordance with national practice, indicating the types of care (paragraph 7)

ü Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 6(7). Free of charge medical care.

The Committee understands that, in Cyprus, health-care benefits are granted to Cypriot, European Union, European Economic Area and Swiss citizens who permanently reside in the country and who registered with the national health system. Certain categories of beneficiaries are provided free of charge medical care, that is: single persons and members of families whose annual income does not exceed a certain limit; families with three or more children; persons suffering from certain chronic diseases; state officials, civil servants, members of the police and the armed forces, as well as their dependants; university or college students; and some other specific categories of citizens. In the absence of an explicit reference to women who are pregnant or who have recently given birth among the beneficiaries of free health care, the Committee asks the Government to indicate the legal provisions giving effect to Article 6(7) of the Convention by guaranteeing free of charge prenatal, childbirth and postnatal care, as well as hospitalization when necessary.

Response to the Observation:

Article 28of the Social Insurance Law provides that maternity grant is payable to a mother, based on her own or her husband’s insurance.

Insurance conditions

The conditions for the payment of maternity grant are:

• the delivery must have occurred; and

• on the maternity day at least one of the two spouses should: a. have actual basic insurance at least equal to 0.50 of the insurance point and at least twenty-six (26) weeks must have passed from the week of commencement of his/ her insurance; and b. have actual or assimilated insurance equal to at least 0.39 of the insurance point within the relevant contribution year.

Article 29 of the Social Insurance Law provides that maternity allowance is payable to an insured woman (employed, self-employed or voluntary insured person at the service of a Cypriot employer abroad).

Insurance conditions

The conditions for the payment of the maternity allowance are the insured person to:

• be on a maternity leave and not to receive full salary or wages from her employer; and

• have actual basic insurance at least equal to 0.50 of the insurance point and at least twenty-six (26) weeks must have passed from the week of commencement of her insurance, and • have actual or assimilated insurance equal to at least 0.39 of the insurance point within the relevant contribution year.

As it concerns the provision of free health care to women who are pregnant or who have recently given birth The Medical Foundations and Services (fees and control) Act of 1978 (40/78) Article 4(2)(b)(iii) provides that pregnant women are entitled to free of charge prenatal, childbirth and postnatal care, as well as hospitalization when necessary.

VIII - 4. Calculation of Benefit

§3§4. Article 6. C183

3. Where, under national law or practice, cash benefits paid with respect to leave referred to in Article 4 are based on previous earnings, the amount of such benefits shall not be less than two-thirds of the woman's previous earnings or of such of those earnings as are taken into account for the purpose of computing benefits. [STAT↑]

4. Where, under national law or practice, other methods are used to determine the cash benefits paid with respect to leave referred to in Article 4, the amount of such benefits shall be comparable to the amount resulting on average from the application of the preceding paragraph.

RF/C183: please indicate the methods used to determine the cash benefits and the rates payable calculated as a percentage of the woman’s previous earnings or of such of those earnings as are taken into account for the purpose of computing benefits (paragraph 3), or, if paragraph 4 is applicable, supply information permitting to verify that the amount of such benefits is of the same order of magnitude.

· According to the Social Insurance (Amendment) Law 193(I) of 2012, which was adopted following the discussions with Troika within the framework of the economic adjustment program of Cyprus for a financial bailout, the weekly rate of the basic benefit was decreased from 75% to 72% of the weekly average of the basic insurable earnings of the claimant in the previous contribution year.

The weekly amount of the supplementary benefit decreased from 75% to 72% of the weekly average of insurable earnings of the claimant on the excess of her basic insurable earnings. [Report 2013-C183]

As regards this point no change has been made concerning the weekly rate of the basic benefit during 2015.

· Maternity Grant

The amount of the maternity grant for 20163 is €544,08 for all claimants, irrespective of their salary or wages. In the case where twins or more children are born, €544,08 is payable for each child. ~~This amount is usually increased every year.~~

[Report 2013-C183]

VIII - 5. Suitable standard of living

§2§6. Article 6. C183

2. Cash benefits shall be at a level which ensures that the woman can maintain herself and her child in proper conditions of health and with a suitable standard of living. [???→]

6. Where a woman does not meet the conditions to qualify for cash benefits under national laws and regulations or in any other manner consistent with national practice, she shall be entitled to adequate benefits out of social assistance funds, subject to the means test required for such assistance.

RF/C183: please indicate the measures taken to ensure that cash benefits are maintained at the level prescribed in paragraph 2.

Any woman, who does not meet the conditions to qualify for cash benefits under national laws and regulations or in any other manner consistent with national practice, is entitled to apply for public assistance, subject to the means test required by the Public Assistance and Services Law (Law 95(l)/2006 and 67(l)/2012) [←???]

As of July 11th 2014 the Guaranteed Minimum Income Law (109 (I) / 2014) has been put into effect and provides coverage to the following persons (both men and women):

· Cypriot citizens over 28(under certain conditions),

· EU nationals(under certain conditions),

· Third country nationals under certain conditions, one being continuous and legal residence in Cyprus for five years,

· Third country nationals who live in Cyprus under the status ofpolitical refugees and

· Persons who are victims of human trafficking.

GMI with its introductionreplaced the previous system of public assistance allowance.

Within the context of this Law and in particular under Article 4 any single woman who doesnot meet the conditions to qualify for cash benefits under national laws and regulations may apply for GMI which is €480 per month without any dependent and increases by another €240 for every dependent person. Furthermore the recipient of GMI under Article (4)(2)(a) of The Medical Foundations and Services (fees and control) Act of 1978 (40/78)is entitled to free Medical care.

[Report 2013-C183]

VIII - 6. Financing and Administration [PNL?] [STAT↑]

§8. Article 6. C183

In order to protect the situation of women in the labour market, benefits in respect of the leave referred to in Articles 4 and 5 shall be provided through compulsory social insurance or public funds, or in a manner determined by national law and practice. An employer shall not be individually liable for the direct cost of any such monetary benefit to a woman employed by him or her without that employer's specific agreement except where:

(a) such is provided for in national law or practice in a member State prior to the date of adoption of this Convention by the International Labour Conference; or

(b) it is subsequently agreed at the national level by the government and the representative organizations of employers and workers.

RF/C183: please indicate whether the benefits referred to in this Article are provided by any of the following means or a combination thereof (paragraphs 6 and 8):

· compulsory social insurance;

· public funds;

· the employer;

· social assistance funds;

· other means as determined by national law and practice.

As it concerns Maternity Grant and Maternity Allowance the payments are made from the Social Insurance Fund. The Social Insurance Fund is funded from contributions paid from the employers, the employees and the State.

The payments for health care are covered from the Government Consolidated Fund.

The payments for GMI are covered from the Government Consolidated Fund.

Part IX. Invalidity benefit

List of applicable legislation [PNL↑] *

· The Social Insurance Law (amendment) 106 (I)/2014 (copy enclosed)

· The Social Insurance Law (amendment) 194 (I)/2014 (copy enclosed)

[Report 2015-ECSS]

IX - 1. Regulatory framework

Article 53. C102 and ECSS

Each Member (Contracting Party) for which this part of this Convention (Code) is in force shall secure to the persons protected the provision of invalidity benefit in accordance with the following Articles of this Part.

Please give a general description of the design of the scheme and of the objectives of national policy.

IX - 2. Contingency covered [PNL↑]

Article 54. C102 and ECSS

The contingency covered shall include inability to engage in any gainful activity, to an extent prescribed, which inability is likely to be permanent or persists after the exhaustion of sickness benefit.

RF/C102/ECSS: please state the extent of invalidity, prescribed by national laws or regulations that gives rise to the benefits provided in accordance with Article 56.

The Cyprus Social Insurance Laws and Regulations of 1980-1992 provide for Invalidity benefit in case of incapacity for work by reason of some specific disease or bodily or mental disablement, which is permanent or likely to be permanent. Invalidity benefit is payable after the expiry of a prescribed period of temporary or initial incapacity. On the expiration of this period the benefit is payable provided that the incapacity to earn is not less than 66 2/3% for those who are up to 60 years of age and 50% for those who are between the age of 60 and 63, compared to the earnings of a healthy person in the same occupation and area as the claimant. [the last information is contained in the Report 1993-C102]

According to Article 40 of the Social Insurance Law 59(I)/2010 invalidity pension is payable to persons who have been incapable for work for at least 156 days and are expected to remain permanently incapable of work, i.e. they are unable to earn from work which they are reasonably expected to perform, more than 1/3 of the sum earned usually by a healthy person of the same occupation or category and education in the same area or, in the case of persons between the ages of 60 and 63, more than ½ of the aforesaid sum.

IX - 3. Persons protected [STAT↑]

Article 55. C102 and ECSS

The persons protected shall comprise:

(a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or

(b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents; or

(c) all residents whose means during the contingency do not exceed limits prescribed in such a way as to comply with the requirements of Article 67.

RF/C102/ECSS: please state to which of the sub-paragraphs of this Article recourse is had.

Recourse is had to sub-paragraph (b). [Report 2011-C102; no information in the governmental reports on the ECSS since 2006]

RF/C102/ECSS: please indicate the classes of persons protected in accordance with the provisions of this Article, unless you have recourse to sub-paragraph (c).

The persons protected comprise all employees and self-employed persons including apprentices [Report 2011-C102; no information in the governmental reports on the ECSS since 2006]

Invaliditypension is payable to all insured persons (employed, self-employed or voluntary insured persons) provided that they meet the relevant insurance conditionsand they have not reached the age of 63.

TITLE II (Article 74)

A. Number of economically persons protected:

(i) under general scheme 428.586~~427.499~~

(ii) under special schemes NIL

(iii) Total 428.586~~427.499~~

======

B. Total number of residents 848.300~~858.000~~^{^[13]}

C. Total number of economically active persons (A(iii)) per cent of total

number of residents (B) : 50,5%

The number given in A(i) above is the total number of employed or self-employed persons who have paid or been credited with contributions to the Social Insurance Scheme in 20154.

The number given in B above is the total number of residents in the Government controlled area of Cyprus, which was estimated for 20154 on the basis of the census of population of 2011.

D. Not applicable.

[Report 2015-ECSS]

IX - 4. Calculation of Benefit [STAT↑]

Article 56. C102 and ECSS

The benefit shall be a periodical payment calculated as follows:

(b) where all residents whose means during the contingency do not exceed prescribed limits are protected, in such a manner as to comply with the requirements of Article 67.

A. Recourse is had to Article 65 for the calculation of invalidity benefit.

TITLE I (Article 65)

A. The amount of the weekly basic insurable earnings and the ceiling of earnings on which contributions are payable remained the same in 20165. The amounts are €174.38 and €1046 respectively.

The weekly wage used is that of the “welder and flame cutter” (Code 7212 (ISCO), Industry 28 (Nace Rev.1)). [Report 2007-C102]

C. The weekly ~~The mean normal hourly~~ wage ~~rate~~ for 20154 was €471.4~~65.16~~ (ISCO 7212).

1. Not applicable.

2. Not applicable.

[Report 2015-ECSS]

TITLE II (Article 65)

D. The weekly amount of invalidity benefit for 100% invalidity for a person with a spouse and two children is €383.83~~79.30~~. This amount is guaranteed for a person whose actual and prospective contributions cover a period of not less than 47 years.

E. Not applicable.

F. Not applicable.

G. Percentage of invalidity pension in relation to the standard wage:

81.412% (€383.83~~79.30~~ : €471.47~~65.16~~).

[Report 2015-ECSS]

TITLE V (Article 65)

Same as for old-age benefit

(see TITLE V under Article 28).

B. Not applicable.

IX – 5. Adjustment of benefits [STAT↑]

§10 Article 65, §8 Article 66. C102 and ECSS

TITLE VI (Article 65)

RF/C102/ECSS: please state the methods adopted for giving effect, where necessary, to the provisions of paragraph 10 of Article 65 or of paragraph 8 of Article 66.

Period under Review	Cost-of-living Index	Index of earnings ⁽¹⁾ in money terms
A. Beginning of period - July 2015	115.50⁽²⁾	829.57 ⁽³⁾
B. End of period - June 2016	98.52	788.09⁽⁴⁾
C. Percentage A/B	117.23%	105.26%

Due to the severe economic crisis that Cyprus was ~~is currently~~ facing we were~~now~~ under economic adjustment program which is bound by a Memorandum of Understanding (MoU) on Specific Economic Conditionality (SEPC). For this reason in 20163 there was no increase on the rate of the invalidity benefit.

Period under Review	Benefit
Period under Review	Weekly average benefit per beneficiary I	Weekly benefit for standard beneficiary II	Benefit for standard beneficiary as percentage of reference wage III
A. Beginning of period - July 2015	€152.40	€379.30 ⁽⁶⁾	81.54%⁽⁶⁾
B. End of period - June 2016	€152.29	€383.83	81.41%
C. Percentage A B	100%	98.82%

[Report 2015-ECSS]

IX - 6. Qualifying period

Article 57. C102 and ECSS

1. The benefit specified in Article 56 shall, in a contingency covered, be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period which may be 15 years of contribution or employment, or 10 years of residence; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a qualifying period of three years of contribution and in respect of whom, while he was of working age, the prescribed yearly average number of contributions has been paid.

2. Where the benefit referred to in paragraph 1 is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period of five years of contribution or employment; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a qualifying period of three years of contribution and in respect of whom, while he was of working age, half the yearly average number of contributions prescribed in accordance with subparagraph (b) of paragraph 1 of this Article has been paid.

3. The requirements of paragraph 1 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part XI but at a percentage of ten points lower than shown in the Schedule appended to that Part for the standard beneficiary concerned is secured at least to a person protected who has completed, in accordance with prescribed rules, five years of contribution, employment or residence.

4. A proportional reduction of the percentage indicated in the Schedule appended to Part XI may be effected where the qualifying period for the pension corresponding to the reduced percentage exceeds five years of contribution or employment but is less than 15 years of contribution or employment; a reduced benefit shall be payable in conformity with paragraph 2 of this Article.

RF/C102/ECSS:

1. Please indicate, for each scheme concerned, the nature and the length of the minimum qualifying period or the average yearly number of contributions, as the case may be, which entitles the persons protected to a benefit.

Please summaries the rules concerning the computation of such qualifying period.

Please state whether recourse is had to paragraph 1 and 2 or paragraphs 3 or 4 of this Article.

2. If recourse is had to paragraph 1 and 2 the benefit the amount of which is shown under Article 56 should be the benefit during the time basis to a standard beneficiary who has completed 15 years of contribution or employment or ten years of residence. Please indicate under the Article how the reduced benefit is calculated to which a standards beneficiary is entitled who has completed a qualifying period of five years of contribution or employment or in respect of whom half the yearly average number of contributions prescribed for title to full benefit has been paid.

3. If recourse is had to paragraph 3 the benefit the amount of which is shown under Article 56 should be the benefit granted during the time basis to a standard beneficiary who has completed five years of contribution or employment or residence.

4. If recourse is had to paragraph 4 the benefit the amount of which is shown under Article 56 should be the benefit granted the time basis to a standard beneficiary who has completed a qualifying period of more than five years but less than 15 years of contribution or employment. Please indicate the length of the qualifying period required.

·No change except that the amount of the annual basic insurable earnings was £3.574, £3.683, £3.820, £4.028 and £4.155 in 2002, 2003, 2004, 2005 and 2006 respectively. The amount of the basic insurable earnings in 2007 is £4.299.

~~[Report 2007-C102; no information in the governmental reports on the ECSS since 2006]~~

In 2011 the annual basic insurable earnings was €8.687, in 2012 was €8.886 and between 2013 and 2016the amount of the annual basic insurable earnings was€9.068.

According to Article 40 of the Social Insurance Law 59(I)/2010 an insured person is entitled to invalidity pension provided that:

(a) Was incapable for work for at least 156 days within any period where his / her employment was interrupted;

(b) Proves that within the period where the employment was interrupted will remain permanently incapable for work;

(d) Satisfies the necessary contribution conditions of the Social Insurance Law (they are mentioned below).

[PNL↑]According to Article 23(4) of the Third Table – “Contribution Conditions”of the Social Insurance Law 59(I)/2010 tThe contribution conditions for the award of invalidity pension are:

(a) ~~(a)~~ that the insured person has completed a period of at least three years contribution on earnings not lower than the amount of the basic insurable earnings ~~(for the time being CE1.976 per year)~~; and

(b) ~~(b)~~ that the insured person's weekly average of basic insurable earnings (actual or assimilated) equal to at least ~~over the period 5.10.1964 or the beginning of the year in which he attained the age of sixteen years, whichever is later, and ending with the last week before his invalidation is not less than~~ 25% of the weekly amount of the basic insurable earnings in the relevant period (the date the invalidity was determined); and

(c) ~~(c)~~ that the insured person has actual or assimilated insurance equal to at least 0.39of the insurance point within the relevant contribution year of the annual basic insurable earnings or has actual or assimilated insurance equal to at least 0.39 of the insurance point on average within the last two relevant contribution years. ~~'s insurable earnings in the previous contribution year or the average of the last two contribution years is not less than 20 times the weekly amount of the basic insurable earnings.~~

In case of invalidity resulting from any accident the contribution conditions are the same as those for sickness benefit (see page 10~~under Article 16~~ above).

The benefit may be reviewed in cases where the beneficiary's condition changes. If after medical examination it is proved that the beneficiary’s capacity to earn has been restored the pension is cancelled. In case the beneficiary's incapacity changes upwards or downwards by within the limits giving title to pension the pension is revised accordingly.

The invalidity pension has two components:

(i) the basic pension and

(ii) (ii) the supplementary pension.

In the case of full loss of earnings capacity, invalidity pension is full and is assessed as follows: i. the basic weekly pension is 60% of the weekly average of actual and assimilated basic insurable earnings over the relevant period, increased to 80% for a dependant spouse and 90% or 100% for two or more dependants, respectively. It must be noted that a female spouse is considered a dependant when she is unemployed while a male spouse is considered a dependant when he is incapable of self-support.

In case the spouse is not considered a dependant the increase for dependent children or other dependants increases the pension to 70% for one dependant and 80% for two dependants.

If the beneficiary is divorced he/she is allowed an increase of 10% for each dependent child up to three children. ii. the supplementary weekly pension is equal to 1/52 of 1.5% of the total insurable earnings (actual and assimilated) of the beneficiary in excess of the basic insurable earnings.

When the loss of earnings is partial, invalidity pension is reduced and it is assessed as follows:

Loss of Earnings Capacity	Percentage of Full Pension
50% - 66 2/3%	60%
66 2/3 – 75%	75%
75% - 99%	85%

~~The full basic rate of benefit is awarded to persons who, over the period~~ ~~mentioned in 1 above,~~ ~~have an average of insurable earnings equal to the amount of the basic insurable earnings. A proportionally reduced pension is paid to persons who have a lower average.~~

~~[Report 1993-C102]~~

IX - 7. Duration of Benefit [PNL↑]

Article 58. C102 and ECSS

The benefit specified in Articles 56 and 57 shall be granted throughout the contingency or until an old age benefit becomes payable.

RF/C102/ECSS:

1. Please state whether, in accordance with the provisions of this Article, invalidity benefit is granted for the whole duration of the contingency or until it is replaces by the old-age benefit.

2. Please state, with reference to Article 68 below, if any, fir the suspension of invalidity benefit under the scheme or schemes concerned.

Article 40 of the Social Insurance Law 59(I)/2010 provides the following:

The benefit provided is payable until the beneficiary reaches the pensionable ageand satisfies the conditions mentioned above (page 60). .

Furthermore, Article 40 (3) of the Social Insurance Law 59(I)/2010 providesthat tThe invalidity pension may be suspended for up to six weeks if the beneficiary fails without good cause:

(a) to submit himself to a medical examination or re-examination by a Medical Board;

(b) to submit himself to such medical treatment as is considered appropriate in his case by the medical practitioner in charge of his case or by a Medical Board;

In addition Article 40 (4) provides that in case a beneficiary fails to satisfy at least one

~~In addition~~ ~~a person is disqualified f~~or~~receiving invalidity pension as long as he is undergoing imprisonment or detention in legal custody.~~

~~In all~~ the above cases, then, 50% of the pension is payable to his/her~~the~~ dependants.

~~of the beneficiary.~~

The pension is also suspended during any period for which the beneficiary is in receipt of another benefit at a rate equal or higher than the invalidity pension.

[Report 1993-C102; no information in the governmental reports on the ECSS since 2006]

IX - 8. Suspension of Benefit [PNL?]

See under Part IX-7~~XIII-1~~

IX - 9. Right of appeal [PNL?]

~~See under Part XIII-2~~

IX - 10. Financing and Administration [PNL?] [STAT↑]

See under Part XIII-3

Part X. Survivors’ benefit

List of applicable legislation [PNL↑] *

· The Social Insurance Law (amendment) 106 (I)/2014 (copy enclosed)

· The Social Insurance Law (amendment) 194 (I)/2014 (copy enclosed)

[Report 2015-ECSS]

X - 1. Regulatory framework

Article 59. ECSS, Article 20. C128

Each Member (Contracting Party) for which this Part of this Convention (Code) is in force shall secure to the persons protected the provision of survivors' benefit in accordance with the following Articles of this Part.

Please give a general description of the design of the scheme and of the objectives of national policy.

The Social Insurance Scheme provides for two types of Survivor’s benefit. The one is widow’s pension and the other is the orphan’s benefit.

Widow’s pension is paid to the widow of the insured person who was with or mainly maintained by her husband or the widower who was incapable of self-support.

The orphan’s benefit is payable to a minor:

a. whose parents are both deceased and at least one of them was insured; or

b. whose parents were separated and the one, under whose care he/she was, is deceased; or

c. whose one parent passed away and the surviving parent is not entitled to widow’s pension; or

d. whose widowed mother, who was in receipt of a widow’s pension, remarried.

X - 2. Contingency covered [PNL?]

Article 60. ECSS

1. The contingency covered shall include the loss of support suffered by the widow or child as the result of the death of the breadwinner; in the case of a widow, the right to benefit may be made conditional on her being presumed, in accordance with national laws or regulations, to be incapable of self-support.

2. National laws or regulations may provide that the benefit of a person otherwise entitled to it may be suspended if such person is engaged in any prescribed gainful activity or that the benefit, if contributory, may be reduced where the earnings of the beneficiary exceed a prescribed amount, and, if non contributory, may be reduced where the earnings of the beneficiary or his other means or the two taken together exceed a prescribed amount.

Article 21. C128

1. The contingency covered shall include the loss of support suffered by the widow or child as the result of the death of the breadwinner.

2. In the case of a widow the right to a survivors' benefit may be made conditional on the attainment of a prescribed age. Such age shall not be higher than the age prescribed for old-age benefit.

3. No requirement as to age may be made if the widow:

(a) is invalid, as may be prescribed; or

(b) is caring for a dependent child of the deceased.

4. In order that a widow who is without a child may be entitled to a survivors' benefit, a minimum duration of marriage may be required.

RF/C128/ECSS: please state whether recourse is had to the last sentence of the paragraph 1 of this Article, according to which, in the case of the widow, the right to benefit may be made conditional on her being presumed to be incapable of self-support; if so, please specify the ruled governing the right to benefit.

The widow’s pension is payable under certain conditions:

(a) In case the deceased spouse had attained the pensionable age and was already receiving an old-age pension, or would have been entitled to an old-age pension; or

(b) in case the deceased spouse had not attained the pensionable age then according to Article 23 (5) – Third Table “Contribution Conditions” of the Social Insurance Law 59(I)/2010 the insured person (who passed away) must satisfy the following contribution conditions:

(a) the insured person must have completed at least 3 insurance points of actual basic insurance and 156 weeks had elapsed from the commencement of the week of insurance; and

(b) the total number of the actual and assimilated basic insurance points of the insured person must not be less than 25% of the years within the relevant reference period.

Article 42 of the Social Insurance Law 59(I)/2010 stipulates:

(a) that a widow or a widower, whose husband or wife, respectively, at the time of death did not satisfy the insurance conditions for widow’s pension, is entitled to a lump sum payment if her husband or his wife, respectively, (when had not attained the pensionable age) completed at least 3 insurance points of actual basic insurance and 156 weeks had elapsed from the commencement of the week of insurance (when had attained the pensionable age or was receiving old-age pension), or

(b) satisfied the insurance condition for old-age lump sum (which is minimum six years of insurance upon reaching the age of 68).

This lump sum is equal to 15% of the total amount of the deceased person’s basic insurable earnings and 9% of the deceased person’s total amount of supplementary insurable earnings.

X - 3. Persons protected [STAT↑]

Article 61. ECSS

The persons protected shall comprise:

(a) the wives and the children of breadwinners in prescribed classes of employees, which classes constitute not less than 50 per cent of all employees; or

(b) the wives and the children of breadwinners in prescribed classes of the economically active population, which classes constitute not less than 20 per cent of all residents; or

(c) all resident widows and resident children who have lost their breadwinner and whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67.

Article 22. C128

1. The persons protected shall comprise:

(a) the wives, children and, as may be prescribed, other dependants of all breadwinners who were employees or apprentices; or

(b) the wives, children and, as may be prescribed, other dependants of breadwinners in prescribed classes of the economically active population, which classes constitute not less than 75 per cent. of the whole economically active population; or

(c) all widows, all children and all other prescribed dependants who have lost their breadwinner, who are residents and, as appropriate, whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the provisions of Article 28.

2. Where a declaration made in virtue of Article 4 is in force, the persons protected shall comprise--

(a) the wives, children and, as may be prescribed, other dependants of breadwinners, in prescribed classes of employees, which classes constitute not less than 25 per cent. of all employees; or

(b) the wives, children and, as may be prescribed, other dependants of breadwinners in prescribed classes of employees in industrial undertakings, which classes constitute not less than 50 per cent. of all employees in industrial undertakings.

A. Recourse is had to paragraph (b). The persons protected comprise surviving spouses and children of all persons protected for old-age benefit. See reply under Article 27.

B. See reply under Article 27.

C. See reply under Article 27.

D. Not applicable.

[Report 2015-ECSS]

X - 4. Calculation of Benefit [STAT↑]

Article 62. ECSS

The benefit shall be a periodical payment calculated as follows:

(a) where the wives and children of breadwinners in classes of employees or classes of the economically active population are protected, in such manner as to comply either with the requirements of Article 65 or with the requirements of Article 66;

(b) where all resident widows and resident children whose means during the contingency do not exceed prescribed limits are protected, in such a manner as to comply with the requirements of Article 67.

Article 23. C128

The survivors' benefit shall be a periodical payment calculated as follows:

(a) where employees or classes of the economically active population are protected, in such a manner as to comply either with the requirements of Article 26 or with the requirements of Article 27;

(b) where all residents or all residents whose means during the contingency do not exceed prescribed limits are protected, in such a manner as to comply with the requirements of Article 28.

Please update the following information:

A. Recourse is had to Article 65.

TITLE I (Article 65)

A. No change in the method of calculation of the widow’s pension.

The amount of the benefit for a full orphan is as follows:

- Basic benefit: €69,19 per week per orphan.

- Supplementary benefit: This represents 50% of the amount of the supplementary widow’s pension which would have been payable in each case. The total supplementary benefit where there are more than two orphans cannot exceed the amount of the supplementary widow’s pension.

The amount of benefit for half-orphans is as follows:

- Basic benefit: €34,59 per week per orphan.

The amount of funeral grant remained the same at €507,81 for the death of an insured person or a pensioner and €253,90 for the death of a dependent of an insured person or a pensioner.

ü According to the C, the standard wage is determined for the welders and flame cutters (ISCO 7212)

The weekly wage of the skilled manual worker for 2015 is not available as the survey for wages will not be conducted again. The weekly wage was suggested from Cyprus to the ILO and it was approved (ISCO 7212) by email of September 27^th 2016 as Construction is the second sector with the highest number of employees.

C. The weekly wage for 2015 was €471.47 (ISCO 7212).

~~The mean normal hourly wage rate for 2014 was €465.16 (ISCO 7212).~~

1. Not applicable.

2. Not applicable.

[Report 2015-ECSS]

TITLE IV (Article 65)

D. Weekly amount of widow’s pension for a widow with two

children whose deceased husband had 47 years of insurance(actual and prospective): €383,83~~79.38~~

Ε. Not applicable.

F. Not applicable.

G. Percentage of the pension in relation to the standard wage: 81.416%

(€383.83~~379.38~~ : €471.47~~465.16~~).

[Report 2015-ECSS]

ΤΙΤLE V (Article 65)

D. Amount of benefit granted during the time basis: €314.08~~09.55~~

G. Amount of benefit (D) per cent of the standard wage (€471.47~~465.16~~):

66.625% (€314.08~~309.55~~ : €471.474~~65.16~~).

B. Not applicable.

[Report 2015-ECSS]

X – 5. Adjustment of benefits [STAT↑]

§10 Article 65, §8 Article 66. ECSS

Article 29. C128

1. The rates of cash benefits currently payable pursuant to Article 10, Article 17 and Article 23 shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living.

TITLE VI (Article 65)

RF/C102/ECSS: please state the methods adopted for giving effect, where necessary, to the provisions of paragraph 10 of Article 65 or of paragraph 8 of Article 66.

Period under Review	Cost-of-living Index	Index of earnings ⁽¹⁾ in money terms
A. Beginning of period - July 2015	115.50⁽²⁾	829.57 ⁽³⁾
B. End of period - June 2016	98.52	788.09⁽⁴⁾
C. Percentage A/B	117.23%	105.26%

Due to the severe economic crisis that Cyprus was ~~is currently~~ facing we were~~now~~ under economic adjustment program which wasis bound by a Memorandum of Understanding (MoU) on Specific Economic Conditionality (SEPC). For this reason in 20154 there was no increase on the rate of the widow’s pension.

Period under Review	Benefit
Period under Review	Weekly average benefit per beneficiary I	Weekly benefit for standard beneficiary II	Benefit for standard beneficiary as percentage of reference wage III
A. Beginning of period - July 2015	€131	€ 379.38⁽²⁾	81.6%⁽²⁾
B. End of period - June 2016	€132.75	€383.83	81.41%
C. Percentage A B	98.68%	98.84%

[Report 2015-ECSS]

· The ~~No change except that the~~ rate of the basic part of pensions were increased by 2,3% from 1.1.2012. From 1.1.2013 until 31.12.2015 there was no increase of the basic part of pensions.

· ~~3,47%, 4,39%, 4,49%, 5,29% and 2,98% as from 1.1.2007, 1.1.2008, 1.1.2009, 1.1.2010 and 1.1.2011 respectively~~. From 1.1.2012~~From~~ ~~the same dates~~, the rates of the supplementary part of the pensions was ~~ere~~ increased by % and from 1.1.2013 until 31.12.2015 there was no increase of the basic part of pensions.~~2,12%, 3.01%, 4,5%, 0% and 2,58% respectively~~.

In the same period the orphan’s benefit was increased by the same rate of increase as widow’s pensions.

In 2012 the fFuneral grant was €710.88 while in 2013 the funeral grant was decreased to €507.81. Between 2013 and 2015 the amount of the funeral grant has not changed due to the economic situation in Cyprus. ~~increased from £340 to €607 in 2008 to €634 in 2009, to €668 in 2010, to €694 in 2011~~. [Report 2011-C128]

X - 6. Qualifying period [PNL?]

Article 63. ECSS

1. The benefit specified in Article 62 shall, in a contingency covered, be secured at least:

(a) to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period which may be 15 years of contribution or employment, or 10 years of residence; or

(b) where, in principle, the wives and children of all economically active persons are protected, to a person protected whose breadwinner has completed a qualifying period of three years of contribution and in respect of whose breadwinner, while he was of working age, the prescribed yearly average number of contributions has been paid.

2. Where the benefit referred to in paragraph 1 of this article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

(a) to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of five years of contribution or employment; or

(b) where, in principle, the wives and children of all economically active persons are protected, to a person protected whose breadwinner has completed a qualifying period of three years of contribution and in respect of whose breadwinner, while he was of working age, half the yearly average number of contributions prescribed in accordance with subparagraph (b) of paragraph 1 of this Article has been paid.

3. The requirements of paragraph 1 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part XI but at a percentage of ten points lower than shown in the Schedule appended to that part for the standard beneficiary concerned is secured at least to a person protected whose breadwinner has completed, in accordance with prescribed rules, five years of contribution, employment or residence.

4. A proportional reduction of the percentage indicated in the Schedule appended to Part XI may be effected where the qualifying period for the benefit corresponding to the reduced percentage exceeds five years of contribution or employment but is less than 15 years of contribution or employment; a reduced benefit shall be payable in conformity with paragraph 2 of this Article.

5. In order that a childless widow presumed to be incapable of self-support may be entitled to a survivor's benefit, a minimum duration of the marriage may be required.

RF/ECSS: please state whether recourse is had to paragraph 5. If so please specify the minimum duration of marriage required for a childless widow presumed to be capable of self-support to be entitled to benefit.

Article 24. C128

1. The benefit specified in Article 23 shall, in a contingency covered, be secured at least:

(a) to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period which may be 15 years of contribution or employment, or ten years of residence: Provided that, for a benefit payable to a widow, the completion of a prescribed qualifying period of residence by such widow may be required instead; or

(b) where, in principle, the wives and children of all economically active persons are protected, to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of three years of contribution and in respect of whose breadwinner, while he was of working age, the prescribed yearly average number or the yearly number of contributions has been paid.

2. Where the survivors' benefit is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

(a) to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of five years of contribution or employment; or

(b) where, in principle, the wives and children of all economically active persons are protected, to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of three years of contribution and in respect of whose breadwinner, while he was of working age, half of the yearly average number or of the yearly number of contributions prescribed in accordance with subparagraph (b) of paragraph 1 of this Article has been paid.

3. The requirements of paragraph 1 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part V but at a percentage of ten points lower than shown in the Schedule appended to that Part for the standard beneficiary concerned is secured at least to a person protected whose breadwinner has completed, in accordance with prescribed rules, five years of contribution, employment or residence.

4. A proportional reduction of the percentage indicated in the Schedule appended to Part V may be effected where the qualifying period for the benefit corresponding to the reduced percentage exceeds five years of contribution, employment or residence but is less than 15 years of contribution or employment or ten years of residence; if such qualifying period is one of contribution or employment, a reduced benefit shall be payable in conformity with paragraph 2 of this Article.

5. The requirements of paragraphs 1 and 2 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part V is secured at least to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of contribution or employment which shall not be more than five years at a prescribed minimum age and may rise with advancing age to not more than a prescribed maximum number of years.

1. The amount of the weekly basic insurable earnings and the ceiling of earnings on which contributions are payable remained the same in 20165. The amounts are €174.38 and €1046 respectively

2 The Table below gives examples of the amount of pension for the standard beneficiary whose late breadwinner’s average earnings are equal to the reference wage.

Actual and prospective

years of insurance

Amount of benefit for standard beneficiary (€)

Benefit as % of reference wage (€471.47).

242.54

225.84

51.44%

47.9%

3. Not applicable.

4. Not applicable.

5. No change

[Report 2015-ECSS]

X - 7. Minimum duration of Benefit [PNL?]

Article 64. ECSS

The benefit specified in Articles 62 and 63 shall be granted throughout the contingency.

RF/ECSS:

Please confirm that, in accordance with the provisions of this Article, survivors’ benefit is granted throughout the contingency.

Article 25. C128

The benefit specified in Articles 23 and 24 shall be granted throughout the contingency.

RF/128:

1. Please confirm that, in accordance with the provisions of this Article, survivors’ benefit is granted throughout the contingency.

2. Please indicate in which cases and within which limits part of the benefit otherwise due to the protected person is paid to his dependants, in accordance with the provisions of Article 32, paragraph 2.

The widow’s pension is granted throughout the contingency however according to Article 41(4) of the Social Insurance Law in case of re-marriage, the payment of the pension is interrupted and the widow is entitled to a lump sum equal to one year’s pension, excluding any increases for her dependants.

The orphan’s benefit is payable until the orphan reaches the age of 15 or the age of 23 in case of a female in full time education or the age of 25 in case of a male in full-time education or in military service.

There is no age limit for orphans who are permanently incapable of self-support.

X - 8. Suspension of Benefit [PNL?]

See under Part XIII-1

Article 31. C128

1. The payment of invalidity, old-age or survivors' benefit may be suspended, under prescribed conditions, where the beneficiary is engaged in gainful activity.

2. A contributory invalidity, old-age or survivors' benefit may be reduced where the earnings of the beneficiary exceed a prescribed amount; the reduction in benefit shall not exceed the earnings.

3. A non-contributory invalidity, old-age or survivors' benefit may be reduced where the earnings of the beneficiary or his other means or the two taken together exceed a prescribed amount.

RF/C128:

Please state whether recourse is had to the provisions of paragraph 1, paragraph 2 or paragraph 3 of this Article. If so, please summarize, for each Part accepted and for each scheme concerned, the rules which govern the suspension or reduction of benefits.

The granting of orphan’s benefit may be suspended in case the orphan or his guardian do not provide the Social Insurance Services with certificate of school or university attendance and in case of a male certificate for service in the National Guard.

Article 32. C128

1. A benefit to which a person protected would otherwise be entitled in compliance with any of Parts II to IV of this Convention may be suspended to such extent as may be prescribed:

(a) as long as the person concerned is absent from the territory of the Member, except, under prescribed conditions, in the case of a contributory benefit;

(b) as long as the person concerned is maintained at public expense or at the expense of a social security institution or service;

(c) where the person concerned has made a fraudulent claim;

(d) where the contingency has been caused by a criminal offence committed by the person concerned;

(e) where the contingency has been wilfully caused by the serious misconduct of the person concerned;

(f) in appropriate cases, where the person concerned, without good reason, neglects to make use of the medical or rehabilitation services placed at his disposal or fails to comply with rules prescribed for verifying the occurrence or continuance of the contingency or for the conduct of beneficiaries; and

2. In the case and within the limits prescribed, part of the benefit otherwise due shall be paid to the dependants of the person concerned.

RF/C128:

Information on the application of this Article should be furnished, for each Part accepted, under the corresponding Article of the Part concerned (Articles 12, 19 and 25).

Article 33. C128

1. If a person protected is or would otherwise be eligible simultaneously for more than one of the benefits provided for in this Convention, these benefits may be reduced under prescribed conditions and within prescribed limits; the person protected shall receive in total at least the amount of the most favourable benefit.

2. If a person protected is or would otherwise be eligible for a benefit provided for in this Convention and is in receipt of another social security cash benefit for the same contingency, other than a family benefit, the benefit under this Convention may be reduced or suspended under prescribed conditions and within prescribed limits, subject to the part of the benefit which is reduced or suspended not exceeding the other benefit.

RF/C128:

Please state whether recourse is had to the provisions of paragraph 1 or of paragraph 2 of this Article.

If so, please summarize, for each Part accepted and for each scheme concerned, the rules which apply in case of accumulation of benefits.

X - 9. Right of appeal [PNL?]

~~See under Part XIII-2~~

X - 10. Financing and Administration [PNL?] [STAT↑]

See under Part XIII-3

Article 35. C128

1. Each Member shall accept general responsibility for the due provision of the benefits provided in compliance with this Convention and shall take all measures required for this purpose.

2. Each Member shall accept general responsibility for the proper administration of the institutions and services concerned in the application of this Convention.

RF/C128:

Please indicate, for each Part accepted and for each scheme concerned, the responsibility accepted by the Member in accordance with the provisions of paragraph 1 and of paragraph 2 of this Article.

Article 36. C128

Where the administration is not entrusted to an institution regulated by the public authorities or to a government department responsible to a legislature, representatives of the persons protected shall participate in the management under prescribed conditions; national legislation may likewise decide as to the participation of representatives of employers and of the public authorities.

RF/C128:

Where the administration of a scheme is not entrusted directly or indirectly to a public authority, please state whether the persons protected participate in the management of the scheme. If so, please indicate the form which such participation takes.

The financing of survivor’s benefit is made from the Social Insurance Fund

Part XI. Standards to be complied with by periodical payments

See ILO Technical Note, 2015.

CHAPTER I: Adequacy of social security benefits: income and poverty indicators and standards;

CHAPTER II: Selection of the Article 65, 66 or 67 under C102/ECSS and determination of the Standard Reference Wage used for calculating the replacement level of benefits

Ø Appendix III. Conclusions of the CEACR concerning the application of the ECSS by Cyprus (adopted 18 November–5 December 2015)

Part XI (Standards to be complied with by periodical payments), Articles 65 and 66. Determination of the reference wage. Please review the methods used for determining the reference wage of the standard beneficiary under Articles 65 and 66 of the Code and refer in this respect to the attached technical note prepared by the Office.

In respect of the reference wage please note that the Republic of Cyprus used up to 2006 the weekly wage of “turner in the manufacture of machinery other than electrical machinery”. However due to the very small number of such skilled manual workers whose weekly wage was not deemed representative, Cyprus opted to use the wage of a “welder and flame cutter” (Code 7212 – ISCO), Industry 28 (Nace Rev.1).

In the 20th Report, the Government informed the Committee that the weekly wage of the skilled manual worker for 2012 was not available as the survey for wages and salaries was not conducted that year. The weekly wage was calculated using the weekly wage of the skilled manual worker for 2011 increased by 0.9%. The increase was calculated by Cystat using data available to them by the Social Insurance Services.

Please note that the Cystat in October 2013 informed our Office that the weekly wage of skilled laborer, welder and flame cutter” (Code 7212 – ISCO), Industry 28 (Nace Rev.1) will no longer be available as the wages and salaries survey is not conducted any more. As a result, the Cystat provided the average wage by profession (for ISCO – 7212) which was estimated within the context of calculating the labor cost indicator in construction. The Government of Cyprus in its 21st Report used this amount.

Part XII. Equality of treatment of non-national residents

§1(b) Article 1 C102, §1(e) Article 1 ECSS, §1(d) Article 1 C128

The term residence means ordinary residence in the territory of the Member and the term resident means a person ordinarily resident in the territory of the Member.

Article 68. C102

1. Non-national residents shall have the same rights as national residents: Provided that special rules concerning non-nationals and nationals born outside the territory of the Member may be prescribed in respect of benefits or portions of benefits which are payable wholly or mainly out of public funds and in respect of transitional schemes.

2. Under contributory social security schemes which protect employees, the persons protected who are nationals of another Member which has accepted the obligations of the relevant Part of the Convention shall have, under that Part, the same rights as nationals of the Member concerned: Provided that the application of this paragraph may be made subject to the existence of a bilateral or multilateral agreement providing for reciprocity.

RF/C102:

1.Please state whether residents who are not nationals have the same rights as national residents, as in the Article 68.

2.Please state whether recourse is had to the provisions of paragraph 1 of the Article 68 which permit of the prescription of special rules concerning non-nationals and nationals born outside the territory of the Member in respect of benefits or portion of benefits which are payable wholly or mainly out of public funds; if so, please give details of such special rules.

If there is a contributory social security scheme designed for employees or if there are several such schemes, please state whether the persons protected who are national of another Member which has accepted the obligations of the relevant Part of the Convention automatically have the same rights as nationals or whether equally of treatment is subject to the existence of a bilateral or multilateral agreement providing for reciprocity. If such agreements are required, please give information on the reciprocity agreements in force during the period covered by the report and, where this has not already been done, forward copies to the International Labour Organization with this report.

Article 73. ECSS

The Contracting Parties shall endeavour to conclude a special instrument governing questions relating to social security for foreigners and migrants, particularly with regard to equality of treatment with their own nationals and to the maintenance of acquired rights and rights in course of acquisition.

Article 27. C121

Each Member shall within its territory assure to non-nationals equality of treatment with its own nationals as regards employment injury benefits.

RF/C121: please state the extent to which the Member assures equality of treatment in accordance with this Article.

Article 30. C128

National legislation shall provide for the maintenance of rights in course of acquisition in respect of contributory invalidity, old-age and survivors' benefits under prescribed conditions.

RF/128:

Please indicate, for each Part accepted and for each scheme concerned, the provisions of national legislation relating to the maintenance of rights in course of acquisition.

Allinsured persons have the same rights and responsibilities under the Social Insurance law of 59(I) as amended. 0The law applies to all gainfully employed and self-employed persons and no distinctionis made on the basis of nationality, race or ethnic origin. All pensions are exported to any country in the world the beneficiary is residing.

Part XIII. Common provisions

XIII – 1. Suspension of benefit

Article 69. C102, Article 68. ECSS [PNL?]

A benefit to which a person protected would otherwise be entitled in compliance with any of Parts II to X of this Convention may be suspended to such extent as may be prescribed--

(a) as long as the person concerned is absent from the territory of the Member;

(b) as long as the person concerned is maintained at public expense, or at the expense of a social security institution or service, subject to any portion of the benefit in excess of the value of such maintenance being granted to the dependants of the beneficiary;

(c) as long as the person concerned is in receipt of another social security cash benefit, other than a family benefit, and during any period in respect of which he is indemnified for the contingency by a third party, subject to the part of the benefit which is suspended not exceeding the other benefit or the indemnity by a third party;

(d) where the person concerned has made a fraudulent claim;

(e) where the contingency has been caused by a criminal offence committed by the person concerned;

(f) where the contingency has been caused by the wilful misconduct of the person concerned;

(g) in appropriate cases, where the person concerned neglects to make use of the medical or rehabilitation services placed at his disposal or fails to comply with rules prescribed for verifying the occurrence or continuance of the contingency or for the conduct of beneficiaries;

(h) in the case of unemployment benefit, where the person concerned has failed to make use of the employment services placed at his disposal;

(i) in the case of unemployment benefit, where the person concerned has lost his employment as a direct result of a stoppage of work due to a trade dispute, or has left it voluntarily without just cause; and

(j) in the case of survivors' benefit, as long as the widow is living with a man as his wife.

See report above

XIII – 2. Right of appeal

Article 70. C102, Article 69. ECSS [PNL?]

1. Every claimant shall have a right of appeal in case of refusal of the benefit or complaint as to its quality or quantity.

2. Where in the application of this Convention (Code) a government department responsible to a legislature is entrusted with the administration of medical care, the right of appeal provided for in paragraph 1 of this article may be replaced by a right to have a complaint concerning the refusal of medical care or the quality of the care received investigated by the appropriate authority.

3. Where a claim is settled by a special tribunal established to deal with social security questions and on which the persons protected are represented, no right of appeal shall be required.

RF/C102/ECSS:

1. Please state, for each Part accepted and for each scheme concerned, whether every claimant has a right of appeal in case of refusal of the benefit or complaint as to its quality and quantity, as stipulated in paragraph 1 of this Article. Please summarize the rules which apply in the case of an appeal.

2. Please state whether recourse is had to paragraph 2 of this Article and, if so, what measure are taken to ensure that every person protected has the right to have a complaint concerning the refusal of medical care or the quality of the care received investigated by the appropriate authority.

If the applicant is not satisfied with the decision of the Social Insurance Services on request, Article 83(1) of the Social Insurance Law 59(I)/2010 enables him to appeal against such decision by an application to the Minister of Labour Welfare and Social Security within 15 days of being notified of such decision. If the applicant is not satisfied with the Minister’s decision may appeal to the Administrative Court within 75 days of being notified by the decision of the Minister under the provisions of Article 146 of the Constitution

XIII – 3. Financing and Administration [PNL?] [STAT↑]

Article 71. C102, Article 70. ECSS

1. The cost of the benefits provided in compliance with this Convention (Code) and the cost of the administration of such benefits shall be borne collectively by way of insurance contributions or taxation or both in a manner which avoids hardship to persons of small means and takes into account the economic situation of the Member (Contracting Party) and of the classes of persons protected.

2. The total of the insurance contributions borne by the employees protected shall not exceed 50 per cent of the total of the financial resources allocated to the protection of employees and their wives and children. For the purpose of ascertaining whether this condition is fulfilled, all the benefits provided by the Member (Contracting Party) in compliance with this Convention (Code), except family benefit and, if provided by a special branch, employment injury benefit, may be taken together.

3. The Member (Contracting Party) shall accept general responsibility for the due provision of the benefits provided in compliance with this Convention (Code), and shall take all measures required for this purpose; it shall ensure, where appropriate, that the necessary actuarial studies and calculations concerning financial equilibrium are made periodically and, in any event, prior to any change in benefits, the rate of insurance contributions, or the taxes allocated to covering the contingencies in question.

Article 72. C102, Article 71. ECSS

1. The Member (Contracting Party) shall accept general responsibility for the proper administration of the institutions and services concerned in the application of the Convention (Code).

2. Where the administration is not entrusted [to an institution regulated by the public authorities or – C102] to a Government department responsible to a legislature, representatives of the persons protected shall participate in the management, or be associated therewith in a consultative capacity, under prescribed conditions; national laws or regulations may likewise decide as to the participation of representatives of employers and of the public authorities.

Article 70ECSS

According to Article 3 of the Social insurance (Amendment) Law 193(I)/2012, as of 1.1.2014 there will be an increase of the contributions of salaried employees and employers to the GSIS by an additional 1 p.p. of the increase which was provided to be implemented in 2014 on pensionable earnings, i.e. 0.5 p.p. from employees and 0.5 p.p. from employers and 1 p.p in the case of self-employed persons. [Report 2013-ECSS]

According to Article 76 of the Social Insurance law 59(I)/2010

An actuary, is appointed by the Minister, to review every three years the overall implementation of this Law and the financial situation of the Fund:

At the discretion of the Minister, the actuarial review may be performed earlier than three (3) years from the last review.

(2) In each review, the actuary shall report to the Minister on the financial situation of the Fund and the adequacy or otherwise of the contributions payable under the law, to cover benefits and other obligations of the Fund:

Minister shall immediately proceed to a submission to the House of Representatives the results of the actuarial report on the economic situation of the Fund:

Subject to the provisions of the above reservation if demonstrated by the findings of any actuarial study that does not sufficiently ensure the long term viability of the Fund, the Minister proceed to consultations with the social partners, submits within one year,a bill to the House of Representatives to further strengthen the long term sustainability of the Fund.

RF/C102/ECSS:

1. Please state, the resources of each scheme concerned, and more particularly, the rate or the amount of the contributions raised on earnings for the purposes of financing the scheme, either by way of insurance contributions or of taxes.

With the exception of Family benefits all other benefits are financed by a contribution on insurable earnings. The total contributions is 20.2%. Employer pays 7.8% the employee 7.8% and 4.6% is financed by the State. For self-employed persons the contribution is 19.2%. The self-employed person pays 14.6% and the State 4.6% as the self-employed persons are not entitled to unemployment benefit and Employment Injury Benefit

2. Please furnish the following statistical information for the specific Parts.

Part N	Resources allocated to the protection of employees, their wives and their children (A)	Insurance contributions borne by the employees protected (B)
Part III. Sickness benefit
Part IV. Unemployment benefit
Part V. Old-Age benefit
Part VI. Employment injury benefit
Part VII. Family benefit
Part VIII. Maternity benefit
Part IX. Invalidity benefit
Part X. Survivors’ benefit
Total

3. Total in column B per cent of total in column A, above.

4. Please state to which extent responsibility has been assumed by the Member for the provision of benefits.

5. Please indicate the principal changes that have been made during the period covered by the reports as regards:

i. benefit; see report

ii. rates of contribution; see above

iii. other resources.

6. Please state whether the necessary actuarial studies and calculations concerning the financial equilibrium are made periodically. Where this has not already been done, please forward the results of any such studies and calculations.

The last actuarial evaluation was conducted in 2016 with reference year of 2014. According to the results of the study the financial sustainability of the pension system is secured at least until 2080

7. Please state whether the persons protected participate in the management of the scheme or schemes concerned, or whether their representatives are associated therewith. If so, please state how participation or association is secured.

According to Article 72 of the Social Insurance law 59(i)/2010 as amended the Social Insurance Board

is composed of the following members appointed by the Minister:

o the President from the Public Service,

o members also come from the Public Service,

o ten (10) members appointed after the Minister consults with the representative organizations of employees and employers, representing equally the interests of employees and employers,

o four (4) members appointed after the Minister consults with the representative organizations of farmers, who represent the interests of farmers, and

o three (3) other appropriate members who do not fall within any of these categories,

of which one represents the interests of the self-employed

The Council is responsible to advise the Minister on the following matters:

· The annual budget of the administrative expenditure, including staff requirements on the application of the Law and the annual budget of income and expenses of the Fund in respect of benefits

· the annual accounts of the Fund,

· the annual report of the Director,

· any matter arising from the implementation of the Law,

· any proposed amendment to the Law and the Regulations,

· the actuarial report submitted by the actuary in accordance with Article 76,

· the investment of the Fund's assets, and

· any other matter which the Minister or the Director considers it appropriate to refer to Council.

*Please indicate what text are available in English/French/Spanish and supply a copy or a web reference.

[1] The weekly wage of the skilled manual worker for 2015 is not available as the survey for wages will not be conducted again. The mean hourly rate for 2015 was suggested from Cyprus to the ILO and it was approved (ISCO 7212).

*Please indicate what text are available in English/French/Spanish and supply a copy or a web reference.

[2]Source-EurostatOld-age-dependency ratio 2015

(1) Base: Oct. 1980

(2) Base: Jan. – Dec. 2014

(3) Average income variation of 2014

(4) Average income variation of 2015

(1) Reference wage as at Oct. 2014: €465.16 and 48,75 years of insurance

(2) Reference wage as at Oct. 2015: €471.47 and 48,75 years of insurance

*Please indicate what text are available in English/French/Spanish and supply a copy or a web reference.

~~(1)~~ ~~Base: Oct. 1980~~

~~(2)~~ ~~Base: Jan. – Dec. 2013~~

~~(3)~~ ~~Average income variation of 2013~~

~~(4)~~ ~~Average income variation of 2014~~

(1) Base: Oct. 1980

(2) Base: Jan. – Dec. 2015

(3) Average income variation of 2015

(4) Average income variation of 2016

(3) Oct. 20..

* For 100% disablement

(1) Reference wage for 2014: €471.41

* ~~Please indicate what text are available in English/French/Spanish and supply a copy or a web reference.~~

~~[3]~~ ~~Represents the total number of families receiving child benefit during 2012, according to the Child Benefit Scheme.~~

~~[4]~~ ~~Represents the total number of households in 2011, according to the Census of Population of 2011.~~

~~[5]~~ ~~Represents the total number of children for whom child benefit was paid in 2012 under the Child benefit Scheme.~~

~~[6]~~ ~~Represents the total number of children up to the age of 19 according to the Census of Population of 2011.~~

[7] Represents the total number of families receiving child benefit during 2015, according to the Child Benefit Scheme.

[8] Represents the total number of households in 2011, according to the Census of Population of 2011.

[9] Represents the total number of children for whom child benefit was paid in 2015 under the Child benefit Scheme.

[10] Represents the total number of children up to the age of 19 according to the Census of Population of 2011.

*Please indicate what text are available in English/French/Spanish and supply a copy or a web reference.

~~[11]~~ ~~Until 30/6/2013~~

~~[12]~~ ~~Until 30/6/2013~~

*Please indicate what text are available in English/French/Spanish and supply a copy or a web reference.

[13] This was the population in Cyprus during 2013 according the Statistical Service

(1) Base: Oct. 1980

(2) Base: Jan. – Dec. 2015

(3) Average income variation of 2015

(4) Average income variation of 2016

*Please indicate what text are available in English/French/Spanish and supply a copy or a web reference.

(1) Base: Oct. 1980

(2) Base: Jan. – Dec. 2015

(3) Average income variation of 2015

(4) Average income variation of 2016

(1) Reference wage in 2015: €471.47