NIM29030 | Special cases: Class 1 - mariners: host employer, mariner works in category A, B, C or D waters - Application of the Host Employer Regulations

Paragraph 9 of Schedule 3 of the Social Security (Categorisation of Earners) Regulations 1978

These regulations set out the circumstances where the host employer provisions shall apply to a person who is a mariner.

Where a person is employed as a mariner, the host employer regulations can only apply where their duties are performed wholly or mainly in Category A, B, C or D waters.

‘Mariner’ means the same as in Regulation 115 of the Social Security Contributions Regulations 2001. This is the definition used in the rest of those Contributions Regulations.

Category A and B waters are rivers and canals in the UK.

Category C and D waters are tidal rivers and estuaries, docks, ports and harbours and some defined areas of the sea in inshore waters.

Category A, B, C or D waters are defined in the Merchant Shipping (Categorisation of Waters) Regulations 1992 and are listed in more detail in Merchant Shipping Notice MSN 1837(M) Amendment 2 - copies can be obtained from GOV.UK.