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Invalidity benefit

Invalidity benefit - Evaluation 9 questions

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1 Andrés had a bike accident on his way to the pool, which left him disabled. Would he be entitled to an invalidity benefit?

 
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C102 protects against the inability to engage in any gainful activity, an inability likely to be permanent or persist after the exhaustion of sickness benefit.

2 Geneviève had a skiing accident. Her injuries require surgery. Unfortunately, the accident left her paraplegic and unable to engage in any employment. In the State where she lives, she is entitled to first receive sickness benefits for a maximum of 6 months. During this time, an assessment concluded to her full inability to engage in gainful employment, granting her access to disability pension after her sickness benefits were exhausted. Is this in line with international social security standards?

 
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C102 sets that inability benefits should be awarded where an inability is likely to be permanent or, as the above example illustrates, an inability that persists after the exhaustion of a sickness benefit.

3 According to minimum international social security standards, invalidity benefit should be granted as periodical payments.

 
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Under C102, invalidity benefit should be provided as periodical payment, not as lump sum payments.

4 Convention 102 requires a minimum total permanent invalidity in order for invalidity benefits to be granted.

 
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The minimum international social security standards require a minimum total permanent invalidity in order to be granted invalidity benefits. In practice, many countries go beyond this requirement and also provide invalidity pensions in case of permanent partial invalidity.

5 Dampu has been receiving an invalidity benefit for 5 years following an accident that left him unable to engage in any gainful activity. However, after physiotherapy and a lot of work, his condition improved and a medical board certified that he had regained full use of his legs. Will he still be entitled to receive his invalidity benefit?

 
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According to the international minimum standard, invalidity benefits are provided where a person has lost their ability to engage in any gainful activity. Should they regain their capacity to work, the national legislation would be permitted to suspend the benefit.

6 Under C102, for how long should invalidity benefits be paid?

 
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C102 requires that invalidity benefits be paid for the entire duration of inability to work or until, where applicable, the invalidity benefit is replaced by an old-age benefit.

7 Leonard had a non-work related accident and is now unable to resume work due to the consequences of that accident. It is still unclear if he will ever be able to resume work. Until when will Leonard be entitled to receive invalidity benefits?

 
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Under C102, Leonard's invalidity benefits should be paid for the entire duration of inability to work or until an old-age benefit is payable.

8 Quynh had contributed for 10 years before having an accident that left her fully unable to work. Does the international minimum social security standard guarantee her the right to receive an invalidity pension?

 
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According to C102, the national legislation could require a protected person to fulfil a qualifying period of 15 years of contribution or employment, or 10 years of residence to be entitled to an invalidity benefit. In countries where invalidity benefits are conditional upon a minimum period of contribution or employment, a pension, although at a reduced rate, needs to be paid after 5 years of contribution or employment.

9 The international minimum standard for social security does not require invalidity pensions to be adjusted if the cost of living has increased.

 
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C102 requires that invalidity pensions be adjusted following substantial changes in the general level of earnings resulting from changes in the cost of living.