PART XII SPECIAL CATEGORIES SHARE FISHERMEN, PERSONS OUTSIDE GREAT BRITAIN AND MEMBERS OF THE FORCES

Chapter II Persons Outside Great Britain

Amendment of the Social Security Benefit (Persons Abroad) Regulations

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 ”.

Amendment of the Social Security (Mariners’ Benefits) Regulations

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–

“ Entitlement to a contribution-based jobseeker’s allowance for persons outside Great Britain

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.”.

Modification of contribution conditions for volunteer development workers

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]”.