The Jobseeker’s Allowance Regulations 2013

Additional conditions for payment of a jobseeker’s allowance

71.—(1) It is to be an additional condition with respect to the payment of a jobseeker’s allowance to a share fisherman in respect of any benefit week, that in respect of any period in that benefit week when they have not worked as a share fisherman, they prove that they have not neglected to avail themselves of a reasonable opportunity of employment as a share fisherman.

(2) The following provisions apply for the purposes of the application of paragraph (1)—

(a)work as a share fisherman within the meaning of paragraph (1) includes any of the work specified in sub-paragraph (b) which—

(i)at the time of its performance is necessary for the safety or reasonable efficiency of the fishing boat, or is likely to become so necessary in the near future; and

(ii)it is the duty of the share fisherman (whether by agreement, custom, practice or otherwise) to undertake without remuneration other than by way of a share in the profits or gross earnings of the fishing boat,

but any other work done to the fishing boat or its nets or gear is to be disregarded; and

(b)the work so included by sub-paragraph (a) is any work done to the fishing boat or its nets or gear by way of repairs (including running repairs) or maintenance, or in connection with the laying up of the boat and its nets and gear at the end of a fishing season or their preparation for a season’s fishing.

(3) It is to be a further additional condition with respect to the payment of a jobseeker’s allowance to a share fisherman in respect of any benefit week that, where they are master or a member of the crew of a fishing boat of which either the master or any member of the crew is the owner or part owner, they must also prove that in respect of any period in that benefit week when they were not working as a share fisherman, the fishing boat did not put to sea with a view to fishing, for the reason that—

(a)on account of the state of the weather the fishing boat could not reasonably have put to sea with a view to fishing;

(b)the fishing boat was undergoing repairs or maintenance, not being repairs or maintenance to which paragraph (2) relates;

(c)there was an absence of fish from any waters in which the fishing boat could reasonably be expected to operate; or

(d)any other good cause necessitated abstention from fishing.

(4) In this regulation, “benefit week” in relation to a jobseeker’s allowance has the meaning it has in regulation 74 (share fisherman: amount payable).