Skills Development Act, 1998 (Act No. 97 of 1998)

Regulations

Purchase

(1)	Subject to sub-regulation (5), a SETA must allocate a mandatory grant to a levy paying employer—

(a)	employing 50 or more employees that has submitted an application for a grant in accordance with sub-regulation (2) and as a minimum in the format contained in Annexure 2 to these Regulations;

[Regulation 4(1)(a) amended by regulation 6 of Notice No. 486 of 2013]

(b)	employing less than 50 employees that has submitted an application for a grant in accordance with sub-regulation (2) and such employers will be given the option of submitting a [sic] Annexure 2 using a simplified form provided by the SETA;

[Regulation 4(1)(b) amended by regulation 7 of Notice No. 486 of 2013)

(c)	who, not withstanding [sic] sub-regulation (2), has registered for the first time in terms of section 5 of the Skills Development Levies Act and the employer has submitted an application for a mandatory grant within 6 months of registration.

(2)	An application for a mandatory grant in terms of sub-regulation (1) must be submitted by 30 June 2013.

(3)	With effect from 1 April 2014 an application for a mandatory grant in terms of sub-regulation (1) must be submitted by 30 April of each year.

(4)	20% of the total levies paid by the employer in terms of section 3(1) as read with section 6 of the Skills Development Levies Act during each financial year will be paid to the employer who submits a [sic] Annexure 2.

[Regulation 4(4) amended by regulation 8 of Notice No. 486 of 2013]

(5)	Before making payments, the SETA must approve the Annexure 2 to ensure the levy paying employer meets quality standards set by the SETA.

[Regulation 4(5) amended by regulation 9 of Notice No. 486 of 2013]

(6)	The mandatory grant contemplated in sub-regulation (1) must be paid to the employer at least quarterly every year.

(7)	If the levy paying employer does not claim a mandatory grant within the time period specified in sub-regulation (2), the SETA must transfer the levy paying employer's unclaimed mandatory grant to the discretionary grant by 15 August of each year.

(8)	A SETA Accounting Authority may grant an extension up to a maximum period of one month from the date contemplated in sub-regulation (2) for late submission of an application for a mandatory grant subject to a written request by a levy paying employer.