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Amended Unemployment Insurance (UIF) Act

by Lloyd Ramutloa last modified 2010-09-01 01:43

36. Suspension of contributor's right to benefits

Unemployment Insurance Act (No. 63 of 2001 )
as amended by the
Amendment - Unemployment Insurance Act

Chapter 3 : Claiming benefits


Part G : General provisions relating to claiming benefits  


36. Suspension of contributor's right to benefits

(1)           After giving a contributor or a dependant an opportunity to make written representations, the Commissioner may, on written notice with reasons provided, suspend a contributor or dependant for a period of up to five years from receiving benefits in terms of this Act if the contributor or dependant—

(a) made a false statement in an application for benefits;

(b) submitted a fraudulent application for benefits;

(c)  failed to inform a claims officer of the resumption of work during the period in respect of which benefits were being paid; or

(d) failed to comply with a written demand issued in terms of section 35(2).

(2)           The period of suspension may be imposed irrespective of whether or not actual payment was made to the contributor or dependant.

(3)           The decision to suspend a contributor from receiving payments does not—

(a) absolve an employer from that employer’s duty to contribute to the Fund; or

(b) limit an employer’s right to be reimbursed for any contribution paid on behalf of the suspended contributor.

 

36A.     Establishment of regional appeals committees

 

(1)           The Minister must, after consultation with the Board, appoint a regional appeals committee for each region determined by the Minister.

(2)           A regional appeals committee must be composed of at least -

(a) one member and an alternate member to represent organised labour;

(b) one member and an alternate member to represent organised business

(c)  one member and an alternate member to represent organisations of community and development interests; and

(d) one officer.

(3)           Any person appointed to a regional appeal committee who is not in the full-time employment of the State must be paid remuneration and allowances determined by the Minister in terms of the Treasury Instructions issued by the National Treasury.


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