| (1) |
Subject to the provisions of this Act, a contributor or a dependant, as the case may be, is entitled to the following benefits: |
| (a) |
Unemployment benefits contemplated in Part B of this Chapter; |
| (b) |
illness benefits contemplated in Part C of this Chapter; |
| (c) |
maternity benefits contemplated in Part D of this Chapter; |
| (cA) |
parental benefits as contemplated in Part DA of this Chapter; |
[Section 12(1)(cA) inserted by section 8(a) of Notice No. 1305, GG 42062, dated 27 November 2018 (Labour Laws Amendment Act, 2018)]
| (d) |
adoption benefits contemplated in Part E of this Chapter; |
| (dA) |
commissioning parental benefits as contemplated in Part EA of this Chapter; and |
[Section 12(1)(dA) inserted by section 8(b) of Notice No. 1305, GG 42062, dated 27 November 2018 (Labour Laws Amendment Act, 2018)]
| (e) |
dependant’s benefits contemplated in Part F of this Chapter. |
| (1A) |
A contributor who is employed as a domestic worker by more than one employer and whose employment is terminated by one or more employers is, despite still being employed, entitled to benefits in terms of this Act if the contributor’s total income falls below the benefit level that the contributor would have received if he or she had become wholly unemployed. |
[Section 12(1A) inserted by section 4 of Notice No. 32, GG 25721, dated 14 November 2003 (Unemployment Insurance Amendment Act, 2003)]
| (1B) |
A contributor employed in any sector who loses his or her income due to reduced working time, despite still being employed, is entitled to benefits if the contributor’s total income falls below the benefit level that the contributor would have received if he or she had become wholly unemployed, subject to that contributor having enough credits. |
[Section 12(1B) inserted by section 4(a) of Notice No. 35, GG 40557, dated 19 January 2017 (Unemployment Insurance Amendment Act, 2016)]
(3)
| (a) |
The Minister may, with the concurrence of the Minister of Finance, by notice in the Gazette and subject to subsection (4), amend the scale of benefits contained in Schedule 3 in accordance with a maximum monthly rate of remuneration of a skilled manual labourer as determined by the Social Security (Minimum Standards) Convention, 1953 (Convention No. 102), of the International Labour Organisation. |
| (b) |
The scale of benefits contemplated in paragraph (a) may vary between a maximum rate of 60% of remuneration for lower income contributors and a lower rate of remuneration for higher income contributors as will be determined by thresholds as set out in Schedule 3. |
| (c) |
For the purposes of Part D, maternity benefits must be paid at a rate of 66% of the earnings of the beneficiary at the date of application, subject to the maximum income threshold set in terms of paragraph (a). |
[Section 12(3)(c) inserted by section 4(b) of Notice No. 35, GG 40557, dated 19 January 2017 (Unemployment Insurance Amendment Act, 2016)]
| (cA) |
For the purpose of Part DA, parental benefits must be paid at a rate of 66% of the earnings of the beneficiary at the date of application, subject to the maximum income threshold set in terms of paragraph (a); |
[Section 12(1)(cA) inserted by section 8(c) of Notice No. 1305, GG 42062, dated 27 November 2018 (Labour Laws Amendment Act, 2018)]
| (cB) |
For the purpose of Part E, adoption benefits must be paid at a rate of 66% of the earnings of the beneficiary at the date of application, subject to the maximum income threshold set in terms of paragraph (a); and |
[Section 12(1)(cB) inserted by section 8(c) of Notice No. 1305, GG 42062, dated 27 November 2018 (Labour Laws Amendment Act, 2018)]
| (cC) |
For the purpose of Part EA, commissioning parental benefits must be paid at a rate of 66% of the earnings of the beneficiary at the date of application, subject to the maximum income threshold set in terms of paragraph (a). |
[Section 12(1)(cC) inserted by section 8(c) of Notice No. 1305, GG 42062, dated 27 November 2018 (Labour Laws Amendment Act, 2018)]
| (i) |
the first 238 days of benefits is paid at the income replacement rate set in terms of paragraph (b); and |
| (ii) |
the remainder of credits is paid at a flat rate of 20. |
[Section 12(3)(d) inserted by section 4(b) of ]Notice No. 35, GG 40557, dated 19 January 2017 (Unemployment Insurance Amendment Act, 2016)]
| (4) |
When acting in accordance with subsection (3), the Minister must— |
| (a) |
consult with the Board and must have regard to budgeted— |
| (i) |
contribution and investment income from the Fund; |
| (ii) |
payment of benefits; |
| (iii) |
provision to meet expenses related to administering this Act; and |
| (iv) |
provision for contingency reserves; and |
| (b) |
comply with the procedure set out in section 55, with the changes required by the context. |
Statistics Act, 1999
