Regulation 4 Removal of disqualification for receiving benefit by reason of absence from Great Britain

Any person, who is or has been employed as a mariner on board any ship or vessel or who is or has been under contract to travel at his employer's expense for the purpose of commencing such employment, shall not by reason of his being absent from Great Britain (but subject to the provisions of any regulations made under section 14(3)(a) (disqualification through misconduct) of the Act F1or section 18(1) of the Welfare Reform Act 2007,), be disqualified on any day for receiving—

(a)

F2F3incapacity benefitF4, contributory employment and support allowance or severe disablement allowance, if

(i)

on account of any hurt or injury received, or any illness suffered, by him while so employed or under contract so to travel; or

(ii)

in consequence of any action taken, while he is or was so employed or under contract so to travel, for the purpose of preventing infection;

he has been left outside Great Britain or has been discharged or has not commenced such employment; or

(b)

F5F6..., incapacity benefit, contributory employment and support allowance or severe disablement allowance, if, while so employed or under contract so to travel, he has been left outside Great Britain for any reasons other than those specified in sub-paragraphs (i) and (ii) of paragraph (a) of this regulation, 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, at the time of being so left, he was placed in custody, immediately after his release from custody:

Provided that this regulation shall cease to have effect—

(a)

on that person's commencing or resuming employment outside Great Britain; or

(b)

in any case where that person is not returned without undue delay to the place to which regulation 7 of the Merchant Shipping (Repatriation) Regulations 1972^f1 requires him to be returned, on the occurrence of the delay; or

(c)

in any other case, on his being returned to the place mentioned in sub-paragraph (b) of this proviso.

Annotations

Textual amendments

F1: Words in reg. 4 inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 67(3)(a)
F2: Words in reg. 4(a) substituted (29.11.1984) by The Social Security (Severe Disablement Allowance) Regulations 1984 (S.I. 1984/1303), regs. 1, 15(2)(a)
F3: Words in reg. 4 substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 4(2) (with Pt. III)
F4: Words in reg. 4 inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 67(3)(b)
F5: Words in reg. 4(b) omitted (7.10.1996) by virtue of The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 21(2)
F6: Words in reg. 4(b) substituted (29.11.1984) by The Social Security (Severe Disablement Allowance) Regulations 1984 (S.I. 1984/1303), regs. 1, 15(2)(b)

Footnotes

f1: (1972 III, p. 5198).