The Statutory Parental Bereavement Pay (Persons Abroad and Mariners) Regulations 2020

Interpretation

2.—(1) In these Regulations—

“the Act” means the Social Security Contributions and Benefits Act 1992;

“foreign-going ship” means any ship or vessel which is not a home-trade ship;

“General Regulations” means the Statutory Parental Bereavement Pay (General) Regulations 2020(1);

“home-trade ship” includes—

(a)

every ship or vessel employed in trading or going within the following limits—

(i)

the United Kingdom (including for this purpose the Republic of Ireland),

(ii)

the Channel Islands,

(iii)

the Isle of Man, and

(iv)

the continent of Europe between the river Elbe and Brest inclusive;

(b)

every fishing vessel not proceeding beyond the following limits—

(i)

on the South, Latitude 48°30′N,

(ii)

on the West, Longitude 12°W, and

(iii)

on the North, Latitude 61°N;

“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—

(a)

the employment in that other capacity is for the purposes of that ship or vessel or its crew or any passengers or cargo or mails carried by the ship or vessel, and

(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 its voyage,

but does not include a person insofar as their employment is as a serving member of HM’s forces;

“serving member of HM’s forces” means a member of a regular force or reserve force (“M”) as defined, in each case, by section 374 (definitions applying for purposes of the whole Act) of the Armed Forces Act 2006(2), unless—

(a)

M is under the age of 16,

(b)

M is committing an offence under section 8 of the Armed Forces Act 2006 (desertion),

(c)

the force concerned is one of Her Majesty’s (“HM’s”) naval forces which M locally entered at an overseas base without previously being—

(i)

an insured person under the National Insurance Act 1965(3), or

(ii)

a contributor under the Act, or

(d)

the force concerned is one of HM’s military forces or HM’s air forces which M entered, or was recruited for, outside the United Kingdom and—

(i)

where that force is one of HM’s military forces, the depot for M’s unit is outside the United Kingdom, or

(ii)

where that force is one of HM’s air forces, M is liable under the terms of M’s engagement to serve only in a specified area outside the United Kingdom;

“statutory parental bereavement pay” means statutory parental bereavement pay payable in accordance with the provisions of Part 12ZD of the Act where the conditions specified in section 171ZZ6(2) of the Act are satisfied.

(2) For the purposes of these regulations, the expressions “ship” and “ship or vessel” include hovercraft, except in regulation 9(2).

(1)

S.I. 2020/233.

(2)

2006 c. 52; section 374 was amended by the Defence Reform Act 2014 (c. 20), section 44; there are other amendments none of which is relevant.

(3)

1965 c. 51.