Social Security
(Mariners) (Jersey) Order 1974[1]
1 Interpretation
In this Order, unless the context otherwise requires –
“determining authority” means, as the case may require,
the determining officer or the Social Security tribunal;
“Jersey ship” means a ship or vessel registered in
Jersey of which the owner (or managing owner if there is more than one owner)
or the manager resides or has the owner or manager’s principal place of
business in Jersey;
“Law” means the Social Security (Jersey) Law 1974;
“manager” means, in relation to any ship or vessel, the
ship’s husband or other person to whom the management of the ship or
vessel is entrusted by or on behalf of the owner; 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 for the time being entitled as
charterer to possession and control of the ship or vessel, by virtue of the
demise or any sub-demise;
“mariner” means a person who is or has been employed
under a contract of service either as master or a 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 the ship or vessel or
her crew or of any passengers or cargo or mails carried thereby; and
(b) the
contract is entered into in Jersey with a view to its performance (in whole or
in part) while the ship or vessel is on her voyage.[2]
2 Insurance
of mariners
(1) Subject to the
provisions of paragraph (2), where a mariner –
(a) is
employed as a mariner on board any Jersey ship; or
(b) is
employed as master or a member of the crew of any ship or vessel other than a
Jersey ship and –
(i) the contract in
respect of the employment is entered into in Jersey 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 Jersey,
then, notwithstanding that the mariner does not fulfil the
conditions of Article 3 of the Law, the mariner shall be insured under the
Law and the mariner’s employment shall be treated as an employed
person’s employment.
(2) Notwithstanding the
provisions of paragraph (1), a mariner employed as master or a member of
the crew of any ship or vessel, who neither is domiciled nor has a place of
residence in Jersey, the United Kingdom, the Bailiwick of Guernsey or the Isle
of Man shall be excepted from insurance in respect of that employment.
3 Duty
of master
It shall be the duty of the master of every ship or vessel to comply
with all orders or directions given to the master by the owner or manager of
the ship or vessel with a view to the carrying into effect of the provisions of
the Law and of this or any other relevant Order made thereunder.
4 Accidents
happening outside Jersey
(1) Incapacity benefit
shall be payable, subject to and in accordance with the provisions of the Law,
in respect of an accident arising out of and in the course of the employment of
any person as a mariner notwithstanding that the accident happens to the
mariner outside Jersey.[3]
(2) [4]
(3) Paragraph (1)
shall be extended to an insured person who –
(a) in
the course of the person’s employment as an apprentice pilot, is on board
any ship or vessel, whether or not the person is a mariner as defined in this
Order;
(b) is
ordinarily employed, otherwise than under a contract of service, as master or a
member of the crew of a fishing boat registered in Jersey under the Shipping
(Registration) (Jersey) Regulations 2004, 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.[5]
(4) For the purposes of
this Article, an accident shall be deemed to arise out of and in the course of
the employment of a person as a mariner –
(a) where,
having been left at a port other than a proper return port on account of
illness, injury, risk of infection or loss of or damage to the ship or vessel
in which the person was employed, the accident happens to the person while
subsequently returning to a proper return port at the expense of the employer
in whose service the person was up to the time of being so left,
notwithstanding that during that time the person renders no services and
receives no wages, but only if the accident would have been deemed so to have
arisen had the return journey been undertaken in pursuance of an obligation
under the person’s contract of service with the employer aforesaid;
(b) where
the accident happens to the mariner in or about a ship or vessel on board which
the mariner is for the time being employed while the mariner is taking steps on
an actual or supposed emergency on or in connection with any ship or vessel to
rescue, succour or protect persons who are, or are thought to be or possibly to
be, injured or imperilled, or to avert or minimize serious damage to property;
or
(c) being
a pilot, where the accident happens to the pilot –
(i) while the pilot
is on board or is embarking in or disembarking from any ship or vessel, in
connection with the pilot’s duties as such pilot, or
(ii) while,
having left such ship or vessel at a place other than a port in Jersey, the
pilot is returning without undue delay to Jersey.
5 Removal
of disqualification, in the case of mariners, for receiving benefit whilst
absent from Jersey
(1) A mariner who is or has
been employed as master or a member of the crew of any ship or vessel or who is
or has been under contract to travel at the mariner’s employer’s
expense for the purpose of commencing such employment shall not, by reason of
the mariner’s being absent from Jersey (but subject to the provisions of
Article 7(1) of the Social Security (Incapacity Benefits) (Jersey)
Order 2004) be disqualified on any day for receiving incapacity benefit
if –
(a) the
mariner has been left outside Jersey or has been discharged or has not
commenced such employment –
(i) on account of any
hurt or injury received, or any illness suffered, by the mariner while so
employed or under contract so to travel,
(ii) in
consequence of any action taken, while the mariner is or was so employed or
under contract so to travel, for the purpose of preventing infection; or
(b) whilst
so employed or under contract so to travel, the mariner has been left outside
Jersey for any reasons other than those specified in sub-paragraph (a),
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, the mariner was placed in custody, immediately after the
mariner’s release from custody:
Provided that this paragraph shall cease to have effect –
(a) on
that person’s commencing or resuming employment outside Jersey;
(b) in
any case where that person does not return to Jersey without undue delay, on
the person’s return being so delayed; or
(c) in
any other case, on the person’s return to Jersey.[6]
(2) Where, by virtue of
this Article, a mariner is not disqualified for receiving benefit although
absent from Jersey, the mariner shall not be disqualified for receiving any
increase (where payable) of any such benefit in respect of his or her spouse by
reason of the spouse being absent from Jersey provided that the spouse is
residing with the mariner.
6 Information
to be furnished by mariners on claims for benefit
Upon making any claim for benefit, any mariner who is or has been
employed as master or a member of the crew of any ship or vessel shall, if so
required, furnish to the Minister the number of the mariner’s continuous
discharge book and particulars of the ships and vessels on board which the
mariner was employed during any period material to the claim.
7 Suspension
of payment of benefit to mariners whilst absent from Jersey
The payment to a mariner of benefit to which the provisions of
Article 4 or 5 apply shall, unless the Minister in any particular
case otherwise determines, be suspended while the mariner is absent from Jersey
unless the mariner has nominated a person in Jersey (who is approved by the
Minister) to receive payment of the benefit on the mariner’s behalf.
8 Extinguishment
of right of mariners to receive payment of benefit
Where a mariner has failed to obtain payment of benefit within the
period of 2 years specified in
Article 14(1) of the Social Security (Claims and Payments) (Jersey)
Order 1974, and the mariner’s failure is due to the fact that the
mariner was absent from Jersey by reason of the mariner’s employment as a
mariner, that paragraph shall apply to the mariner with the substitution for
the said period of 2 years of such a period as the Minister may, in any
particular case, determine.[7]
9 Evidence
of incapacity
(1) For the purpose of any
claim to incapacity benefit by a mariner employed as master or a member of the
crew of 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.[8]
(2) For the purpose of any
claim for incapacity benefit by such a mariner, evidence of incapacity may be
furnished by such means as the determining authority may accept as sufficient
in the circumstances of any particular case.[9]
10 Offences
If any person contravenes or fails to comply with any requirement of
this Order in respect of which no special penalty is provided, the person shall
for each offence be liable to a penalty of
level 2 on the standard scale, or where the offence consists of continuing
any such contravention or failure after conviction thereof, a penalty of
level 2 on the standard scale, together with a further penalty of
level 1 on the standard scale for each day on which it is continued.[10]
11 Application
of the Law and Orders
The provisions of the Law and of the Orders made thereunder shall,
so far as they are not inconsistent with the provisions of this Order, apply to
mariners with this modification, that, where a mariner is on account of his or
her being at sea or outside Jersey by reason of his or her employment as a
mariner, unable to perform an act required to be done either forthwith or on
the happening of a certain event or within a specified time, the mariner shall
be deemed to have complied therewith if he or she performs the act as soon as
is reasonably practicable, although after the happening of the event or the
expiration of the specified time.
12 Citation
This Order may be cited as the Social Security (Mariners) (Jersey)
Order 1974.