The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014
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Change 1
53E Interim payments
(1) A seafarer is entitled to a payment (an “interim payment”) from a shipowner’s security provider if the following conditions are satisfied— (a) the shipowner is liable to pay compensation to the seafarer due to the seafarer having sustained a long term disability arising from an occupational injury, illness or hazard; (b) the occupational injury, illness or hazard occurred during the period of validity of the shipowner’s security; (c) the shipowner’s security provides financial assurance in respect of the compensation mentioned in sub-paragraph (a); (d) the full amount of compensation payable has not yet been determined; and (e) the seafarer is suffering hardship. (2) A seafarer entitled under paragraph (1) may make a request for an interim payment to the shipowner’s security provider. (3) A request under paragraph (2) must be supported by evidence that the seafarer satisfies the conditions in paragraph (1). (4) A shipowner’s security provider must within 14 days of receipt of the request from the seafarer determine whether the conditions in paragraph (1) are satisfied. (5) If, in contravention of paragraph (4), a shipowner’s security provider does not determine whether the conditions in paragraph (1) are satisfied, it must make an interim payment within 21 days of the receipt of the request from the seafarer. (6) Where a shipowner’s security provider determines that the conditions in paragraph (1) are satisfied, it must make the interim payment within 21 days of the receipt of the request from the seafarer. (7) The minimum amount of an interim payment is— (a) where an amount in respect of any part of the claim has been determined and payment of that amount would be sufficient to alleviate the seafarer’s hardship, the amount so determined; or (b) where no amount in respect of any part of the claim has been determined, or the amount which has been determined is not sufficient to alleviate the seafarer’s hardship, the lower of— (i) such amount as would alleviate the seafarer’s hardship; and (ii) 75% of the likely total amount of compensation payable in respect of the claim as estimated by the shipowner’s security provider. (8) Where, in contravention of paragraph (5) or (6), a shipowner’s security provider does not make an interim payment, the shipowner’s security provider must pay interest on the unpaid amount at a rate of 20% per year from the date of receipt of the request from the seafarer. (9) A shipowner’s security provider who makes an interim payment may deduct the amount of the interim payment from the full amount of compensation payable in respect of the shipowner’s liability. (10) A shipowner’s security provider who— (a) has made an interim payment under paragraph (5); and (b) subsequently determines that the conditions in paragraph (1) were not satisfied, may recover as a civil debt the amount of the interim payment less any interest payable under paragraph (8). (11) A shipowner’s security provider may recover as a civil debt any proportion of an interim payment which exceeds the full amount of compensation payable in respect of a claim.
53E Interim payments
(1) A seafarer is entitled to a payment (an “interim payment”) from a shipowner’s security provider if the following conditions are satisfied— (a) the shipowner is liable to pay compensation to the seafarer due to the seafarer having sustained a long term disability arising from an occupational injury, illness or hazard; (b) the occupational injury, illness or hazard occurred during the period of validity of the shipowner’s security; (c) the shipowner’s security provides financial assurance in respect of the compensation mentioned in sub-paragraph (a); (d) the full amount of compensation payable has not yet been determined; and (e) the seafarer is suffering hardship. (2) A seafarer entitled under paragraph (1) may make a request for an interim payment to the shipowner’s security provider. (3) A request under paragraph (2) must be supported by evidence that the seafarer satisfies the conditions in paragraph (1). (4) A shipowner’s security provider must within 14 days of receipt of the request from the seafarer determine whether the conditions in paragraph (1) are satisfied. (5) If, in contravention of paragraph (4), a shipowner’s security provider does not determine whether the conditions in paragraph (1) are satisfied, it must make an interim payment within 21 days of the receipt of the request from the seafarer. (6) Where a shipowner’s security provider determines that the conditions in paragraph (1) are satisfied, it must make the interim payment within 21 days of the receipt of the request from the seafarer. (7) The minimum amount of an interim payment is— (a) where an amount in respect of any part of the claim has been determined and payment of that amount would be sufficient to alleviate the seafarer’s hardship, the amount so determined; or (b) where no amount in respect of any part of the claim has been determined, or the amount which has been determined is not sufficient to alleviate the seafarer’s hardship, the lower of— (i) such amount as would alleviate the seafarer’s hardship; and (ii) 75% of the likely total amount of compensation payable in respect of the claim as estimated by the shipowner’s security provider. (8) Where, in contravention of paragraph (5) or (6), a shipowner’s security provider does not make an interim payment, the shipowner’s security provider must pay interest on the unpaid amount at a rate of 20% per year from the date of receipt of the request from the seafarer. (9) A shipowner’s security provider who makes an interim payment may deduct the amount of the interim payment from the full amount of compensation payable in respect of the shipowner’s liability. (10) A shipowner’s security provider who— (a) has made an interim payment under paragraph (5); and (b) subsequently determines that the conditions in paragraph (1) were not satisfied, may recover as a civil debt the amount of the interim payment less any interest payable under paragraph (8). (11) A shipowner’s security provider may recover as a civil debt any proportion of an interim payment which exceeds the full amount of compensation payable in respect of a claim.
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