These regulations may be cited as the Social Security (Mariners' Benefits) Regulations 1975, and shall come into operation on 6th April 1975.

In these regulations, unless the context otherwise requires—

• “the Act” means the Social Security Act 1973;

• “British ship” means—

  1. a

     any ship or vessel belonging to Her Majesty; or

  2. b

     any ship or vessel whose port of registry is a port in Great Britain;

• F25“contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as that Act has effect apart from those provisions;

• “the Contributions Regulations” means the Social Security (Contributions) Regulations 19731, as amended2;

• F26“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;

• “foreign-going voyage” means a voyage going outside the following limits, that is to say, the United Kingdom, the Republic of Ireland, the Channel Islands, the Isle of Man and the continent of Europe between the river Elbe and Brest inclusive;

• “managing owner” means that owner of any ship or vessel who, where there is more than one such owner, is responsible for the control and management of that ship or vessel;

• “mariner” means a person who is or has been in employment under a contract of service either as a master or member of the crew of any ship or vessel, or in any other capacity on board any ship or vessel where—

  1. a

     the employment in that other capacity is for the purposes of that ship or vessel or her crew or any passengers or cargo or mails carried thereby; and

  2. b

     the contract is entered into in the United Kingdom with a view to its performance (in whole or in part) while the ship or vessel is on her voyage;

  but does not include a person in so far as his employment is as a serving member of the forces (as defined in regulation 1(2) of the Contributions Regulations), unless he is serving or undergoing training or instruction in any of the forces mentioned in Part I of Schedule 6 to those regulations (except the regular naval, military or air forces of the Crown) for a continuous period not exceeding 72 consecutive hours;

• F27“new style JSA” means a jobseeker’s allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the 2012 Act that remove references to an income-based allowance;

• “owner”, in relation to any ship or vessel, means the person to whom the ship or vessel belongs and who, subject to the right of control of the captain or master of the ship or vessel, is entitled to control of that ship or vessel, and references to the owner of a ship or vessel shall, in relation to a ship or vessel which has been demised, be construed as referring to the person who for the time being is entitled as charterer to possession and, subject as aforesaid, control of the ship or vessel by virtue of the demise or any sub-demise;

• “share fisherman” means any person who—

  1. a

     is ordinarily employed in the fishing industry otherwise than under a contract of service, as master or a member of the crew of any British fishing boat within the meaning of section 373 of the Merchant Shipping Act 1894, being a fishing boat manned by more than one person, and remunerated in respect of that employment in whole or in part by a share of the profits or gross earnings of the fishing boat; or

  2. b

     has ordinarily been so employed, but who by reason of age or infirmity permanently ceases to be so employed and becomes ordinarily engaged in employment ashore in Great Britain otherwise than under a contract of service making or mending any gear appurtenant to a British fishing boat or performing other services ancillary to or in connection with that boat and is remunerated in respect of that employment in whole or in part by a share of the profits or gross earnings of that boat and has not ceased to be ordinarily engaged in such employment;

• “sea-going share fisherman” means a person falling within sub-paragraph (a) of the definition of “share fisherman” above;

• “on-shore share fisherman” means a person falling within sub-paragraph (b) of the definition of “share fisherman” above;

• F17“the Welfare Reform Act” means the Welfare Reform Act 2007;

and, subject as aforesaid, expressions to which meanings are assigned in the Merchant Shipping Acts 1894 to 1970 have the same meanings as in those Acts; and other expressions have the same meanings as in the Act.

Regulations 1, 4, 6(1) and (2) and 9, in their application to mariners but not in their application to share fishermen, shall have effect as if any reference therein in whatever terms to ships or vessels or activities or places connected therewith included a reference to hovercraft or activities or places connected with hovercraft, subject to the modifications contained in the Schedule to these regulations.

Any reference in these regulations to any provision made by or contained in any enactment or instrument shall, except in so far as the context otherwise requires, be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which it re-enacts or replaces, or which may re-enact or replace it, with or without modification.

The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 shall apply for the purposes of the interpretation of these regulations as they apply for the purposes of the interpretation of an Act of Parliament.

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.

In relation to new style JSA, a mariner or share fisherman employed as such on board any ship or vessel shall be treated as complying with the work-related requirements referred to in section 6(2) of the Jobseekers Act 1995 during any period when he is absent from Great Britain if he would comply with those requirements but for the fact that he is absent from Great Britain.

Where by virtue of regulation 4(a) above a person is not disqualified on any day for receiving F4F7incapacity benefitF23, contributory employment and support allowance or severe disablement allowance, although absent from Great Britain, he shall be deemed to be incapable of work F24or as having limited capability for work as defined in section 1(4) of the Welfare Reform Act by reason of some specific disease or bodily or mental disablement on any such day.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

either paid or been credited with contributions of a relevant class and the earnings factor derived from those contributions must not be less than a specified multiple of that year’s lower earnings limit; or

either paid contributions or been credited with earnings as specified in section 2 of the Jobseekers Act 1995, and the earnings factor derived from earnings upon which contributions have been paid or from earnings credited must not be less than a specified multiple of that year’s lower earnings limit,