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

Chapter 3 : Claiming Benefits

Part G : General provisions relating to claiming benefits

35. Recovery of benefits paid in error

 

(1) Contributors or dependants who have been paid benefits that they are not entitled to in terms of this Act or paid benefits in excess of their entitlement must repay such benefits to the Fund.

 

(2) If the Commissioner determines that a person contemplated in subsection (1) has been paid benefits in error or in excess of the person’s entitlement, the Commissioner must, within eighteen months of the date of the determination, make a written demand for repayment from that person.

 

(3) A written demand contemplated in subsection (2) must include –
(a) a statement of the amount paid in error;
(b) an explanation as to why that person was ineligible to receive the funds; and
(c) evidence that the person to whom the demand is addressed actually received the funds.

 

(4) The persons contemplated in subsection (1) must refund the amount within 90 days of the written demand.