Statutory schemes of social security (Directive 79/7)

AuthorNicole Kerschen
Pages43-45
43
7 Statutory schemes of social security (Directive 79/7)
7.1 General (legal) context
7.1.1 Surveys and reports on the practical difficulties linked to statutory schemes of social
security (Directive 79/7)
There are no surveys or reports on the practical di fficulties regarding gender equal ity
linked to statutory schemes of social security.
7.1.2 Other relevant issues
There are no other relevant issues.
7.1.3 Overview of national acts
Luxembourg's social security system has Bismarckian origins. It is compulsory and covers
all workers who are employed or self-employed in Luxembourg and their family m embers
against th e following risks: sickness and maternity, accidents at work and occupational
disease, old age, invalidity and long-term care needs. Family benefits and social assistance
are also granted.
Regulation is available in the Social Security Code:84
- Sickness and maternity Book I, Articles 1 to 84;
- Accidents at work and occupational disease Book II, Articles 85 to 165 ;
- Old age and invalidity pensions Book III, Articles 170 to 268;
- Family benefits and parental leave allowance Book IV, Articles 268 to 346;
- Long-term care insurance Book V, Articles 347 to 395a.
Social assistance is regulated under the Law of 28 July 2018 regarding social inclusion
income (REVIS).85
Unemployment benefits are part of the Labour Code, B ook V Employment and
Unemployment, Title II ‘Jobseeker’s allowance’, under Articles L. 521- 1 to 521-18 LC.86
7.1.4 Political and societal debate and pending legislative proposal s
There is no political and societal debate on gender neutrality regarding social security
schemes.
20 years ago, the re was a discussion about the need to modify deriv ed rights granted t o
family members (Bismarckian approach). Proposals regarding individua lisation of social
rights and the creation of universal social rights were on the table. They took place in the
framework o f the Communication of the Euro pean Commission on the Modernisation of
Social Security Schemes (1997).
In the last years, family benefits were turned into individual rights of the children.
However, derived rights for family members regarding sickness insurance and pensions
were not replaced by universal rights.
84 Website: http://legilux.public.lu/eli/etat/leg/code/securite_sociale/20190101.
85 Website: http://legilux.public.lu/eli/etat/leg/loi/2018/07/28/a630/jo.
86 Website: http://data.legilux.public.lu/file/eli-etat-leg-code-travail-20190201-fr-pdf.pdf.

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