The Social Security Benefit (Persons Abroad) Regulations 1975

Modification of the Act in relation to employment on the Continental Shelf

11.—(1) In this regulation—

“the Continental Shelf Act” means the Continental Shelf Act 1964;

“designated area” means any area which may from time to time be designated by Order in Council under the Continental Shelf Act as an area within which the rights of the United Kingdom with respect to the seabed and subsoil and their natural resources may be exercised;

“prescribed disease” means a disease or injury prescribed for the purposes of Chapter V of Part II of the Act; and

[F1'prescribed employment' means any employment (whether under a contract of service or not) in any designated area or prescribed area, being employment in connection with any activity mentioned in section 23(2) of the Oil and Gas (Enterprise) Act 1982 in any designated area or in any prescribed area]

[F2'prescribed area' means any area over which Norway or any member State (other than the United Kingdom) exercises sovereign rights for the purpose of exploring the seabed and subsoil and exploiting their natural resources, being an area outside the territorial seas of Norway or such member State, or any other area which is from time to time specified under section 22(5) of the Oil and Gas (Enterprise) Act 1982.]

[F3(1A) Where a claimant would be entitled to a F4... jobseeker’s allowance but for section 1(2)(i) of the Jobseekers Act 1995 (conditions of entitlement to a jobseeker’s allowance: requirement to be in Great Britain), he shall be entitled to a F4... jobseeker’s allowance notwithstanding his absence from Great Britain if—

(a)the absence from Great Britain is due to his being or having been in prescribed employment in a designated area; or

(b)subject to paragraph (2B), he is, in connection with prescribed employment–

(i)in a prescribed area; or

(ii)travelling between one prescribed area and another; or

(iii)travelling between a designated area and a prescribed area; or

(iv)travelling between Norway or a member State (including the United Kingdom) and a prescribed area.]

(2) Where benefit under Part II of the Act would, but for the provisions of section 82(5)(a) of the Act (absence from Great Britain), be payable to a person in a designated area, that benefit shall be payable notwithstanding the absence of that person from Great Britain, if the absence is due to his being or having been in prescribed employment [F5in a designated area].

[F6(2A) Subject to paragraph (2B) where benefit under Part II of the Act would be payable to a person were that person in Great Britain, that person shall not be disqualified for receiving such benefit by reason only of the fact that he is, in connection with prescribed employment:—

(a)in a prescribed area; or

(b)travelling between one prescribed area and another; or

(c)travelling between a designated area and a prescribed area; or

(d)travelling between Norway or a member State (including the United Kingdom) and a prescribed area.]

[F6(2B) [F7Paragraphs (1A) and (2A)] shall not apply where, under the legislation administered by Norway or any member State (other than the United Kingdom) benefit is payable in respect of a person for the same contingency and for the same period for which benefit is claimed under the Act.]

(3) Where benefit under Chapter IV or V of Part II of the Act would, but for the provisions of section 50(5) of the Act, be payable to a person in respect of an accident arising out of and in the course of, or a prescribed disease due to the nature of, any employment by virtue of which any person is treated as an employed earner under paragraph 7 of Part I of Schedule 1 to the Industrial Injuries Employments Regulations, that benefit shall be payable notwithstanding that the accident happens or the disease is contracted while such person is outside Great Britain, if at the time that the accident happens or the disease is contracted the person is either in a designated area or travelling from one designated area to another or from or to Great Britain to or from a designated area.

(4) The provisions of the Act and of the regulations and orders made thereunder[F8, and the Jobseekers Act 1995 and regulations made thereunder] shall, so far as they are not inconsistent with the provisions of this regulation, apply in relation to persons in prescribed employment with this modification, that where such a person is, on account of his being outside Great Britain by reason of his employment, being prescribed employment, unable to perform any act required to be done either forthwith or on the happening of a certain event or within a specified time, he shall be deemed to have complied with that requirement if he performs the act as soon as is reasonably practicable, although after the happening of the event or the expiration of the specified time.

Textual Amendments

F3Reg. 11(1A) inserted (7.10.1996) by The Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), regs. 1(2), 165(2)

F7Words in reg. 11(2B) substituted (7.10.1996) by The Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), regs. 1(2), 165(3)

F8Words in reg. 11(4) inserted (7.10.1996) by The Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), regs. 1(2), 165(4)