
1 

(1) These regulations may be cited as the
Social Security (Mariners' Benefits) Regulations 1975, and shall come into
operation on 6th April 1975.
(2) In these regulations, unless the context
otherwise requires—
 “the Act”
means the Social Security
Act 1973;
 “British ship”
means— 
(a) any
ship or vessel belonging to Her Majesty; or
(b) any ship or vessel whose port
of registry is a port in Great Britain;
 “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 1973, as amended;
 “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— 
(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
(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;

 “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— 
(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

(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;
 “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.
(3) 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.
(4) 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.
(5) 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.
2 
Where a person, either being domiciled or having a place of residence
in the United Kingdom—
(a) is employed as a mariner on board any
British ship, not being a ship used wholly or mainly for the disposal of sludge;
or
(b) is employed as a mariner on board any
ship or vessel, not being a British ship or a ship or vessel used wholly or
mainly for the disposal of sludge, and—
(i) the contract in respect of the employment
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; and
(ii) the owner (or managing owner, if there
is more than one owner) has a place of business in Great Britain; and
(c) upon the termination of a voyage ending
during the period of that employment, he is entitled to a day or days of leave
on pay, and
(d) that employment is terminated before
the end of the period of leave on pay,
he shall not be  regarded  as available for employment on any day in that period of leave and, in relation to new style JSA, shall not be regarded as entitled to a jobseeker’s allowance for any day in that period.
3 
Upon making any claim for benefit, any mariner shall, if so required,
furnish to the Secretary of State the number of his continuous discharge book
and particulars of the ships and vessels on board which he was employed during
any period material to the claim.
4 
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 or section 18(1) of the Welfare Reform Act 2007,), be disqualified on any
day for receiving—
(a) incapacity benefit, 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) ...,  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 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.
                              
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 (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 (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.
5 
For the purpose of any claim to    a jobseeker’s allowance,  incapacity benefit, contributory employment and support allowance   or severe disablement allowance   by a mariner or share fisherman employed on board any ship or vessel,
evidence may be taken—
(a) in any part of the Commonwealth or the
Republic of Ireland, before a judge or magistrate, or by a superintendent;

(b) in a foreign country, by a British consular
officer.
6 

(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.
(1A) 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.
(2) Where by virtue of 
regulation 4(a) above a person is not disqualified
on any day for receiving   incapacity benefit, contributory employment and support allowance  
or severe disablement allowance, although absent from
Great Britain, he shall be deemed to be incapable of work or 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.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 
Where, on a claim for benefit, a contribution condition that the contributor concerned must in respect of the relevant past year have—
(a) 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
(b) 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,
cannot apart from this regulation be satisfied  because the contributor concerned has been employed during the
relevant past year in employment as a mariner on a foreign-going voyage in
respect of which contributions were payable but have not yet been recorded,
the contributor shall be deemed, until contributions have been recorded in
respect of that voyage, to have paid contributions, in respect of earnings
equal to the lower earnings limit, for each week in the period beginning on
the Sunday of the week in which the voyage began and ending at the end of
that year or (if earlier) when the voyage ended.
8 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 
The provisions of Part I
of the Act and of the regulations made thereunder relating to benefits, or of the Jobseekers Act 1995 and regulations made thereunder  shall,
so far as they are not inconsistent with the provisions of these regulations,
apply to mariners and share fishermen with this modification, that where a
mariner or share fisherman is, on account of his being at sea or outside the
United Kingdom by reason of his employment as a mariner or a share fisherman,
unable to perform an 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 therewith 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.
Barbara Castle
Secretary of State for Social Services

THE SCHEDULE
Regulation 1(3)
1 
In regulation 1(2)
, the words “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” shall not apply.

2 
In regulation 4
, in paragraph (b)
the words “superintendent or” shall be omitted;
in sub-paragraph (b)
of the proviso for the words “the place to which 
regulation 7 of the Merchant Shipping
(Repatriation) Regulations 1972 requires him
to be returned” there shall be substituted the words 
“Great Britain”; and in 
sub-paragraph (c) of the proviso for the words 
“the place mentioned in sub-paragraph (b)
 of this proviso” there shall
be substituted the words “Great Britain”.