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165.—(1) Regulation 11 of the Social Security Benefit (Persons Abroad) Regulations 1975 F1 (modification of the Act in relation to employment on the Continental Shelf) shall be amended in accordance with the following provisions of this regulation.
(2) After paragraph (1) there shall be inserted the following paragraph–
“(1A) Where a claimant would be entitled to a contribution-based jobseeker’s allowance but for section 1(2)(i) of the Jobseekers Act 1995 F2 (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)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.”.
(3) In paragraph (2B) for the words “Paragraph (2A)" there shall be substituted the words “ Paragraphs (1A) and (2A) ”.
(4) In paragraph (4) after the word “thereunder" there shall be inserted the words “ , and the Jobseekers Act 1995 and regulations made thereunder ”.
166.—(1) The Social Security (Mariners’ Benefits) Regulations 1975 F3 shall be amended in accordance with the following provisions of this regulation.
(2) 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 [F4regarded] as available for employment on any day in that period of leave.”.
(3) After regulation 4 there shall be inserted the following regulation–
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 F5 (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 F6 (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.”.
(4) 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.”.
Textual Amendments
F4Word in reg. 166(2) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2
167. Section 2 (the contribution-based conditions) shall apply with the modifications that after the words “Class 1 contributions" in each place where they appear there shall be inserted the words “ or Class 2 contributions under [F7Case G of Part 9 of the Social Security (Contributions) Regulations 2001]”.
Textual Amendments
F7Words in reg. 167 substituted (2.10.2006) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(3), 13(9)
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