The Seafarers (Wages and Working Conditions) Regulations 2026
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Change 1
14 Payments and benefits in kind which do not form part of a non-qualifying seafarer’s remuneration
The following payments and benefits in kind are not to be treated as payments by the employer to the non-qualifying seafarer— (a) payments by way of an advance under an agreement for a loan or by way of an advance of wages; (b) payment of a pension, allowance or gratuity in connection with the non-qualifying seafarer’s retirement or as compensation for loss of office; (c) payment of an award made by a court or tribunal or a payment to settle proceedings which have been or might be brought before a court or tribunal, other than the payment of an amount due under the non-qualifying seafarer’s contract; (d) payments referable to the non-qualifying seafarer’s redundancy; (e) payment of an award for a suggestion made by the non-qualifying seafarer under a scheme established by the employer or operator to reward suggestions made by non-qualifying seafarers; (f) benefits in kind provided to the non-qualifying seafarer, whether or not a monetary value is attached to the benefit; (g) a voucher, stamp or similar document capable of being exchanged for money, goods or services (or for any combination of those things); (h) payments as respects hours which are not, or not treated as— (i) hours of time work in accordance with regulation 35, or (ii) hours of unmeasured work in accordance with regulation 41; (i) payments, in the context of salaried hours work, attributable to the hours to be reduced under regulation 25 (absences from work) whether directly or by reason of regulation 28(3) (where the non-qualifying seafarer works excess hours); (j) payments paid by the employer to the non-qualifying seafarer as respects hours of time work or unmeasured work in the pay reference period— (i) if there is a lower rate per hour which could be payable under the contract as respects that work (including if the work was done at a different time or in different circumstances), and (ii) to the extent that such payments exceed the lowest rate; (k) payments paid by the employer to the non-qualifying seafarer attributable to a particular aspect of the working arrangements or to working or personal circumstances that are not consolidated into the non-qualifying seafarer’s standard pay unless the payments are attributable to the performance of the non-qualifying seafarer in carrying out the work; (l) payments paid by the employer or operator to the non-qualifying seafarer as respects the non-qualifying seafarer’s expenditure in connection with the employment; (m) payments paid by the employer or operator to the non-qualifying seafarer representing amounts paid by customers by way of a service charge, tip, gratuity or cover charge; (n) payments paid by the employer or operator to the non-qualifying seafarer as respects travelling expenses that are allowed as deductions from earnings under section 338 of the Income Tax (Earnings and Pensions) Act 2003; (o) payment of a salary premium.
14 Payments and benefits in kind which do not form part of a non-qualifying seafarer’s remuneration
The following payments and benefits in kind are not to be treated as payments by the employer to the non-qualifying seafarer— (a) payments by way of an advance under an agreement for a loan or by way of an advance of wages; (b) payment of a pension, allowance or gratuity in connection with the non-qualifying seafarer’s retirement or as compensation for loss of office; (c) payment of an award made by a court or tribunal or a payment to settle proceedings which have been or might be brought before a court or tribunal, other than the payment of an amount due under the non-qualifying seafarer’s contract; (d) payments referable to the non-qualifying seafarer’s redundancy; (e) payment of an award for a suggestion made by the non-qualifying seafarer under a scheme established by the employer or operator to reward suggestions made by non-qualifying seafarers; (f) benefits in kind provided to the non-qualifying seafarer, whether or not a monetary value is attached to the benefit; (g) a voucher, stamp or similar document capable of being exchanged for money, goods or services (or for any combination of those things); (h) payments as respects hours which are not, or not treated as— (i) hours of time work in accordance with regulation 35, or (ii) hours of unmeasured work in accordance with regulation 41; (i) payments, in the context of salaried hours work, attributable to the hours to be reduced under regulation 25 (absences from work) whether directly or by reason of regulation 28(3) (where the non-qualifying seafarer works excess hours); (j) payments paid by the employer to the non-qualifying seafarer as respects hours of time work or unmeasured work in the pay reference period— (i) if there is a lower rate per hour which could be payable under the contract as respects that work (including if the work was done at a different time or in different circumstances), and (ii) to the extent that such payments exceed the lowest rate; (k) payments paid by the employer to the non-qualifying seafarer attributable to a particular aspect of the working arrangements or to working or personal circumstances that are not consolidated into the non-qualifying seafarer’s standard pay unless the payments are attributable to the performance of the non-qualifying seafarer in carrying out the work; (l) payments paid by the employer or operator to the non-qualifying seafarer as respects the non-qualifying seafarer’s expenditure in connection with the employment; (m) payments paid by the employer or operator to the non-qualifying seafarer representing amounts paid by customers by way of a service charge, tip, gratuity or cover charge; (n) payments paid by the employer or operator to the non-qualifying seafarer as respects travelling expenses that are allowed as deductions from earnings under section 338 of the Income Tax (Earnings and Pensions) Act 2003; (o) payment of a salary premium.
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