Regulation 166 Amendment of the Social Security (Mariners’ Benefits) Regulations

The Social Security (Mariners’ Benefits) Regulations 1975 F1 shall be amended in accordance with the following provisions of this regulation.

In regulation 2 for the words from “no day" to the end of the regulation there shall be substituted the words “he shall not be F2regarded as available for employment on any day in that period of leave.”.

After regulation 4 there shall be inserted the following regulation–

“ Entitlement to a contribution-based jobseeker’s allowance for persons outside Great Britain

4A

(1)

Subject to paragraph (2), where a claimant would be entitled to a contribution-based jobseeker’s allowance but for section 1(2)(i) of the Jobseekers Act 1995 F3 (conditions of entitlement to a jobseeker’s allowance: requirement to be in Great Britain), he shall be entitled to a contribution-based jobseeker’s allowance notwithstanding his absence from Great Britain if—

(a)

he is or has been employed as a mariner on board any ship or vessel, or is or has been under contract to travel at his employer’s expense for the purpose of commencing such employment, and

(b)

while so employed or under contract so to travel, he has been left outside Great Britain, and reports to the appropriate superintendent or consular officer or chief officer of customs not later than 14 days after being so left, or, if it is not reasonably practicable for him to report within 14 days, as soon as is reasonably practicable.

(2)

Paragraph (1) shall cease to apply to a claimant–

(a)

on his commencing or resuming employment outside Great Britain; or

(b)

on his being returned to the place to which regulation 6 of the Merchant Shipping (Repatriation) Regulations 1979 F4 (place for return) requires him to be returned; or

(c)

where he is required to be returned under regulation 6 of the Merchant Shipping (Repatriation) Regulations 1979 but is not so returned, on the first day on which his return could reasonably have been expected.”.

In regulation 6 for paragraph (1) there shall be substituted the following paragraph—

“(1)

A mariner or share fisherman employed as such on board any ship or vessel shall be treated as available for and actively seeking employment during any period when he is absent from Great Britain if he would be so available or actively seeking employment but for the fact that he is absent from Great Britain.”.