| (1) |
Subject to subsection (2), for purposes of calculating the benefits payable to a contributor, the daily rate of remuneration of a contributor, subject to the prescribed maximum, must be determined— |
| (a) |
if paid monthly, by multiplying the monthly remuneration by 12 and dividing it by 365; |
| (b) |
if paid weekly, by multiplying the weekly remuneration by 52 and dividing it by 365. |
| (2) |
If the contributor’s remuneration fluctuates significantly from period to period, the calculation must be based on the average remuneration of that contributor over the previous six months. |
| (a) |
Subject to subsections (5) and (5A), a contributor’s entitlement to benefits in terms of this Chapter accrues at a rate of one day’s benefit for every completed four days of employment as a contributor subject to a maximum accrual of 365 days benefit in the four year period immediately preceding the day after the date of ending of the period of employment in terms of this Chapter. |
| (b) |
Unemployment benefits must be paid to the unemployed contributor regardless of whether or not the contributor has received benefits within that four year cycle, if the contributor has credits. |
[Section 13(3) substituted by section 9(a) of Notice No. 1305, GG 42062, dated 27 November 2018 (Labour Laws Amendment Act, 2018) - effective 1 March 2019]
| (4) |
For purposes of determining completed days of employment as contemplated in subsection (3), the period includes – |
| (a) |
the day that a contributor commenced employment and runs up to and including the day on which employment was terminated; and |
| (b) |
any period in respect of which— |
| (i) |
an employee was paid remuneration in lieu of notice; |
| (ii) |
a merchant seaman received remuneration in terms of section 140 of the Merchant Shipping Act, 1951 (Act No. 57 of 1951). |
| (a) |
The days of benefits that a contributor is entitled to in terms of subsection (3) may not be reduced by the payment of maternity benefits in terms of Part D of this Chapter. |
| (b) |
The payment of maternity benefits may not affect the payment of unemployment benefits. |
[Section 13(5) substituted by section 5(b) of Notice No. 35, GG 40557, dated 19 January 2017 (Unemployment Insurance Amendment Act, 2016)]
(5A)
| (a) |
The days of benefits that a contributor is entitled to in terms of subsection (3) may not be reduced by the payment of— |
| (i) |
parental benefits in terms of Part DA; |
| (ii) |
adoption benefits in terms of Part E; or |
| (iii) |
commissioning parental benefits in terms of Part EA, of this Chapter. |
| (b) |
The payment of parental benefits, adoption benefits or commissioning parental benefits may not affect the payment of unemployment benefits. |
[Section 13(5A) inserted by section 9(b) of Notice No. 1305, GG 42062, dated 27 November 2018 (Labour Laws Amendment Act, 2018)]
| (6) |
If an application for benefits is made within the four year cycle of a previous claim, the Fund must subtract the number of days in respect of which benefits have already been paid in that cycle. |
[Section 13(6) substituted by section 5(c) of Notice No. 35, GG 40557, dated 19 January 2017 (Unemployment Insurance Amendment Act, 2016)]
Older Persons Act, 2006
