Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Bulgaria (Ratification: 2008)

The Committee takes note of the Government’s first report received in July 2011 on the application of the accepted Parts II, III, V, VI, VII, VIII, and X of the Convention and would be grateful to receive additional information on the following points.

Part II (Medical care). The Committee notes that according to the 2010 conclusions of the European Committee of Social Rights on article 11 of the European Social Charter, the medical services available in Bulgaria for poor or socially vulnerable persons who have lost entitlement to social assistance are not sufficient. The Government is invited to explain with reference to the corresponding provisions of the national legislation, how and to what extent the social assistance scheme gives effect to Part II of the Convention in addition to the health insurance scheme.

Part VI (Employment injury), and Part VIII (Maternity benefit). Cost-sharing. According to section 37 of the Health Insurance Act, protected persons are required to participate in dentist and physician fees at a rate of 1 per cent of the national minimum monthly wage per visit, and 2 per cent of the national minimum wage for each day of hospital treatment for a maximum of ten days per year. The Committee notes that while this section exempts certain categories of persons from the payment of these fees, it does not include pregnant and confined women and persons suffering from an occupational accident or disease. The Government is requested therefore to confirm that cost-sharing of medical services is not required for the contingencies of employment injury and pregnancy, confinement and their consequences in accordance with Articles 34 and 49 of the Convention, and to supply the corresponding legal provisions.

Part VI (Employment injury). Article 36. Payment for permanent incapacity below 50 per cent. According to sections 41, 42 and 78 of the Social Insurance Code, insured persons receive a periodical payment for permanent invalidity where insured persons have lost 50 per cent or more of their working capacity. Please indicate what benefit is provided to the victims of employment injuries who have permanently lost less than 50 per cent of the working capacity.

Article 38. Duration of the benefit. According to section 42 of the Social Insurance Code, cash benefits in case of temporary disability caused by an occupational disease occurring 30 days after the termination of an employment contract or insurance coverage are paid for no more than 30 calendar days. Please explain what coverage exists for persons whose occupational diseases manifest themselves over a month after the termination of their employment contract or insurance coverage.

Part XI. Standards to be complied with by periodical payments. The Government is asked to provide in its next report statistical information required by the report form under Articles 65 and 66 of the Convention to enable the Committee to assess the level of benefits granted and to ensure that old age, employment injury and survivors’ benefits are reviewed following substantial changes in the cost of living.

Part XII. Article 68. Equality of treatment, in conjunction with Article 1(1)(b). The Committee notes that both under the compulsory insurance scheme and the social assistance scheme, access to benefits by foreign citizens is conditional on permanent residence. In this respect, the Committee also takes note that in its 2009 conclusions on article 13 of the European Social Charter, the European Committee on Social Rights determined that foreign nationals were subject to an excessively long condition of continuous presence in Bulgaria to be entitled to social assistance. The Committee recalls that for the purpose of social security coverage, Article 1(1)(b) defines residence as “ordinary residence in the territory of the Member and the term “resident” means a person ordinarily resident in the territory of the Member”. The Committee would invite the Government to explain the qualifying conditions for achieving permanent residence in Bulgaria and supply the relevant legal provisions.

Part XIII (Common Provisions). Article 69. Suspension of benefits. According to section 46 of the Social Insurance Code, cash benefits for temporary incapacity to work in case of sickness, employment injury and pregnancy and childbirth are suspended where insured persons have lost their capacity due to hooliganism and other anti-social behaviour which have been ascertained according to the relevant procedure. The Committee would like the Government to explain how this section is applied in practice and provide examples of the types of activities that would lead to the suspension of benefits.

Article 71(3). General responsibility of the State. Please indicate whether actuarial studies are performed periodically and under which legal provisions.