Unemployment Insurance Act, 2001 (Act No. 63 of 2001)

Chapter 3 : Claiming Benefits

Purchase

(1)	Subject to section 14, only one contributor of the adopting parties is entitled to the adoption benefits contemplated in this Part in respect of each adopted child and only if –

(a)	the child has been—

(i)	adopted in terms of the Children's Act, 2005 (Act No. 38 of 2005); or

(ii)	placed in the care of a prospective adoptive parent by a competent court, pending the finalisation of an adoption order in respect of that child;

[Section 27(1)(a) substituted by section 12(a) of Notice No. 1305, GG 42062, dated 27 November 2018 (Labour Laws Amendment Act, 2018)]

(b)	the period that the contributor was not working was spent caring for the child;

(d)	the adopted child is below the age of two; and

(e)	the application is made in accordance with the prescribed requirements and the provisions of this Part.

(2)	The entitlement contemplated in subsection (1) commences on the date—

(a)	that a competent court grants an adoption order for adoption in terms of the Children's Act, 2005 (Act No. 38 of 2005); or

(b)	that the child is placed in the care of a prospective adoptive parent by a competent court, pending the finalisation of an adoption order in respect of that child,

whichever date occurs first.

[Section 27(2) substituted by section 12(b) of Notice No. 1305, GG 42062, dated 27 November 2018 (Labour Laws Amendment Act, 2018)]

(3)	[Section 27(3) deleted by section 9 of Notice No. 32, GG 25721, dated 14 November 2003 (Unemployment Insurance Amendment Act, 2003)]

(4)	When taking into account any adoption leave paid to the contributor in terms of any other law or any collective agreement or contract of employment, the adoption benefit may not be more than the remuneration the employer would have paid the contributor if the contributor had been at work.

[Section 27(4) substituted by section 12(c) of Notice No. 1305, GG 42062, dated 27 November 2018 (Labour Laws Amendment Act, 2018)]

(5)	For purposes of this section the maximum period of adoption leave is ten consecutive weeks.

[Section 27(5) inserted by section 12(d) of Notice No. 1305, GG 42062, dated 27 November 2018 (Labour Laws Amendment Act, 2018)]

(6)	A contributor is not entitled to benefits unless he or she was in employment, whether as a contributor or not, for at least 13 weeks before the date of application for parental benefits.

[Section 27(6) inserted by section 12(d) of Notice No. 1305, GG 42062, dated 27 November 2018 (Labour Laws Amendment Act, 2018)]