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

Chapter 8 : General

61. Recovery of loss generally

 

(1) For purposes of this section, loss or damage to the Fund means –
(a) an employer’s irregular payment or failure to pay moneys due to the Commissioner in terms of this Act or the Unemployment Insurance Contributions Act;
(b) a contributor’s failure to inform the claims officer of the resumption of work during the period in respect of which benefits were being paid;
(c) payment of Fund moneys as a result of a false statement or fraudulent claim;
(d) any failure to comply with a duty imposed by the provisions of this Act leading to loss or damage to the Fund.

 

(2) Any person who causes any loss or damage to the Fund, is guilty of an offence.

 

(3) A court may, on convicting a person for the commission of an offence contemplated in subsection (2), determine the amount of the loss or damage caused to the Fund.

 

(4) Any person found guilty of an offence as contemplated in subsection ( 2 ) must refund the loss to the Fund on such terms and conditions as the Director-General may determine.

 

(5) The Director-General may permit payment of the amount in instalments.

 

(6) If the loss to the Fund is due to a fraudulent benefit claim, the loss may be recovered from any outstanding benefit payments due to be made to the contributor or dependant under the provisions of this Act.

 

(7) Nothing in this section prevents the Director-General from instituting legal proceedings in any competent court to recover any loss or damage caused to the Fund by any person.