This is the version of this Act as it was from 5 August 2002 to 13 November 2003. Read the latest available version.
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South Africa
Unemployment Insurance Act, 2001
Act 63 of 2001
- Published in Government Gazette 23064 on 28 January 2002
- Assented to on 13 January 2002
- Commenced on 1 April 2002 by Unemployment Insurance Act, 2001: Commencement
- [This is the version of this document as it was from 5 August 2002 to 13 November 2003.]
- [Amended by Taxation Laws Amendment Act, 2002 (Act 30 of 2002) on 5 August 2002]
Chapter 1
Introductory provisions
1. Definitions
2. Purpose of this Act
The purpose of this Act is to establish an unemployment insurance fund to which employers and employees contribute and from which employees who become unemployed or their beneficiaries, as the case may be, are entitled to benefits and in so doing to alleviate the harmful economic and social effects of unemployment.3. Application of this Act
Chapter 2
Unemployment Insurance Fund
4. Establishment of Unemployment Insurance Fund
5. Application of Fund
The Fund must be used for the—6. Raising of funds, loans and obtaining bank overdraft facilities
The raising of funds by way of loans and bank overdraft facilities in respect of the Fund must be done in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999).7. Investment of money of Fund
8. Donations and bequests to Fund
9. Appointment of and annual review by actuary
10. Surplus and deficit in Fund
11. Accounting, auditing and financial reporting
Chapter 3
Claiming benefits
Part A – Right to benefits
12. Right to benefits
13. Calculation of benefits
14. Contributor not entitled to benefits under certain circumstances
A contributor is not entitled to benefits for any period that the contributor—Part B – Unemployment benefits
15. Calculation of period of unemployment under this Part
16. Right to unemployment benefits
17. Application for unemployment benefits
18. Payment of unemployment benefits
Part C – Illness benefits
19. Determination of period of illness under this Part
20. Right to illness benefits
21. Calculation of illness benefits
22. Application for illness benefits
23. Payment of illness benefits
The Director-General must pay the illness benefits—Part D – Maternity benefits
24. Right to maternity benefits
25. Application for maternity benefits
26. Payment of maternity benefits
The Director-General must pay the maternity benefits to the contributor at the employment office at which the application was made or any other employment office determined by the applicant at the time of application.Part E – Adoption benefits
27. Right to adoption benefits
28. Application for adoption benefits
29. Payment of adoption benefits
The Director-General must pay the adoption benefits to the contributor at the employment office at which the application was made or any other employment office determined by the applicant at the time of application.Part F – Dependant's benefits
30. Right to dependant's benefits
31. Application for dependant's benefits
32. Payment of dependant's benefits
The Director-General must pay the dependant's benefits to the dependant at the employment office at which the application was made or any other employment office determined by the applicant at the time of application.Part G – General provisions relating to claiming benefits
33. Benefits not to be assigned, attached or set off
34. ***
[section 34 repealed by section 80 of Act 30 of 2002]35. Recovery of benefits paid in error
36. Suspension of contributor's right to benefits
37. Disputes relating to payment or non-payment of benefits
Chapter 4
Enforcement
38. Securing undertakings
39. Compliance order
40. Objections to compliance order
An employer may object to a compliance order by referring the dispute for resolution to the Director-General in the prescribed manner.41. Compliance order may be made an order of Labour Court
The Director-General may apply to the Labour Court for a compliance order to be made an order of the Labour Court if the employer has not complied with the order.42. Duty of employer
An employer must ensure that every statement or other information which must be kept and submitted in terms of this Act is correct.Chapter 5
Commissioner and claims officers
43. Designation of Unemployment Insurance Commissioner
The Minister must designate an employee of the Department of Labour as the Unemployment Insurance Commissioner.44. Report of Commissioner, and delegation and assignment of powers and duties
45. Commissioner may deem person to be contributor
The Commissioner may deem a person to be a contributor for purposes of this Act if it appears that the person should have received benefits in terms of this Act but, because of circumstances beyond the control of that person, is not entitled to benefits.46. Appointment of claims officers
Subject to the laws governing the Public Service, the Director-General must appoint claims officers to assist the Commissioner to process applications of claims made in terms of this Act.Chapter 6
Unemployment Insurance Board
47. Establishment of Unemployment Insurance Board
The Minister must establish the Unemployment Insurance Board.48. Powers and duties of Unemployment Insurance Board
49. Composition of Unemployment Insurance Board
50. Constitution of Unemployment Insurance Board
51. Administration and provision of resources to Unemployment Insurance Board
52. Remuneration and allowances to members of Unemployment Insurance Board
A member of the Board or its committees 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.53. Indemnification of members of Unemployment Insurance Board
A member of the Board is indemnified in respect of all proceedings, costs and expenses incurred by such member when defending or opposing legal proceedings arising out of bona fide acts of such member in terms of this Act.Chapter 7
Regulations
54. Regulations
The Minister, after consultation with the Board, may make regulations regarding any matter—55. Procedure when issuing regulations
Chapter 8
General
56. Information to be supplied by employer
57. Creation and maintenance of database
58. Powers and duties of Director-General
59. Certain instruments exempt from stamp duty
Any instrument issued in terms of this Act is exempt from stamp duty, if that duty is legally payable by the Fund.60. Recovery of losses caused by employees of Fund
61. Recovery of loss generally
62. Evidence
63. Disclosure of information
64. General prohibited conduct
65. Penalties
Any person convicted of an offence in terms of this Act is liable to a fine or to imprisonment, or to both a fine and imprisonment.66. Jurisdiction of Labour Court
Unless this Act provides otherwise, the Labour Court has jurisdiction in respect of all matters in terms of this Act, except in respect of an offence in terms of this Act.67. Stating of case to Labour Court
68. Delegation and assignment by Minister
69. Persons regarded as contributors for purposes of Act
70. Repeal of laws
The Unemployment Insurance Act, 1966 (Act No. 30 of 1966), is hereby repealed except to the extent mentioned in Schedule 1.71. Transitional arrangements
The provisions of Schedule 1 apply to the transition from other laws to this Act.72. Act binds State
This Act binds the State.73. Short title and commencement
History of this document
01 April 2020 amendment not yet applied
Amended by
Labour Laws Amendment Act, 2018
01 January 2020 amendment not yet applied
Amended by
Labour Laws Amendment Act, 2018
01 November 2019 amendment not yet applied
Amended by
Labour Laws Amendment Act, 2018
01 March 2019 amendment not yet applied
Amended by
Labour Laws Amendment Act, 2018
19 January 2017
07 February 2007
14 November 2003
05 August 2002 this version
Amended by
Taxation Laws Amendment Act, 2002
01 April 2002
Commenced by
Unemployment Insurance Act, 2001: Commencement
28 January 2002
13 January 2002
Assented to
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Cited documents 13
Legislation 13
1. | Constitution of the Republic of South Africa, 1996 | 4487 citations |
2. | Insolvency Act, 1936 | 3556 citations |
3. | Public Finance Management Act, 1999 | 2174 citations |
4. | Labour Relations Act, 1995 | 2079 citations |
5. | Promotion of Access to Information Act, 2000 | 1641 citations |
6. | Income Tax Act, 1962 | 1590 citations |
7. | Compensation for Occupational Injuries and Diseases Act, 1993 | 679 citations |
8. | Basic Conditions of Employment Act, 1997 | 646 citations |
9. | Skills Development Act, 1998 | 596 citations |
10. | Merchant Shipping Act, 1951 | 393 citations |
11. | Unemployment Insurance Act, 1966 | 223 citations |
12. | Unemployment Insurance Contributions Act, 2002 | 112 citations |
13. | Public Investment Corporation Act, 2004 | 32 citations |