Unemployment Insurance Amendment Act
This section says the President assented to and published the Unemployment Insurance Amendment Act, 2003 for general information.
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- Jurisdiction
- South Africa
- Instrument
- Act or statute
- Citation
- Act 32 of 2003
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- Language
- en
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About this statute
This section says the President assented to and published the Unemployment Insurance Amendment Act, 2003 for general information. This section says the Act amends the Unemployment Insurance Act, 2001. This section amends the definitions in the Unemployment Insurance Act, 2001. This provision amends section 3 of the principal Act by replacing paragraphs (b) and (c), adding paragraph (e), and deleting subsections (2) and (3). The Director-General must file an approved business plan with the National Treasury at the beginning of each financial year, and the Commissioner must compile the business plan with assistance from the actuary and the Board.
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Provisions of Unemployment Insurance Amendment Act
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- 14 Verify source ↗
November 2003 No. 25721
AI-assisted research summary: This section says the President assented to and published the Unemployment Insurance Amendment Act, 2003 for general information.
14 November 2003 No. 25721 THE PRESIDENCY No. 1674 14 November 2003 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 32 of 2003: Unemployment Insurance Amendment Act, 2003. AIDS HELPLINE: 0800-123-22 Prevention is the cure No. 25721 2 -~ ~ _ _ _ _ _ ~ ~ ~~~~ ~ GAZE7TE. GOVERNMENT 14 NOVEMBER 2003 Act No. 32,2003 UNEMPLOYMENT INSURANCE AMENDMENT ACT. 2003 GENERAL EXPLANATORY NOTE: - 3 Verify source ↗
Words in bold type in square brackets indicate omissions from
AI-assisted research summary: This section says the Act amends the Unemployment Insurance Act, 2001.
3 Words in bold type in square brackets indicate omissions from existing enactments. Words underlined existing enactments. with a solid line indicate insertions in (English text signed by the President.) (Assented to I 1 November 2003.) ACT 2001, so as to define certain To amend the Unemployment Insurance Act, expressions and to amend or delete certain definitions; to exclude persons who receive a State pension from the application of the Act; to provide anew for the compilation and filing of a business plan; to extend the right to benefits to domestic workers who are employed by more than one employer; to extend the right to unemployment benefits to a domestic worker whose contract of employment is terminated by the death of his or her employer; to adjust the benefits payable to contributors in respect establishment of regional appeals committees; and to provide anew for the settling of disputes relating to payment or non-payment matters connected therewith. of illness, maternity and adoption; to provide for the of benefits; and to provide for B E IT ENACTED follows:- by the Parliament of the Republic of South Africa, as Amendment of section 1 of Act 63 of 2001 Act), - 1 Verify source ↗
Section 1 of the Unemployment Insurance Act, 2001 (hereinafter referred to as the
AI-assisted research summary: This section amends the definitions in the Unemployment Insurance Act, 2001.
1. Section 1 of the Unemployment Insurance Act, 2001 (hereinafter referred to as the 5 is hereby amended- principal ( a ) by the deletion of the definition of “CCMA”; ( 6 ) by the insertion after the definition of “month” of the following definition: “ ‘National Appeals Committee’ means the appeals committee con- templated in section 50(2‘)(n)(i);”; (c) by the insertion after the definition of “public service” of the following 10 definition: ‘‘ ‘regional appeals committee’ means a regional appeals committee established in terms of section 36A;”; (d) by the deletion of the definition of “seasonal worker”; ( e ) by the substitution for the definition of “this Act” of the following definition: 15 I ‘ ‘this Act’ includes any regulation [made in terms of this Act];”; and (fl by the substitution for the definition of “Unemployment Insurance Contribu- tion Act” of the following definition: I “ ‘Unemployment Insurance Contribution Act’ means the Unem- nlovment insurance Contribution Act. 2002 (Act No 4 of 2002);”. 20 4 NO. 25721 GAZETTE. GOVERNMENT 14 NOVEMBEK 2003 Act No. 32,2003 UNEMPLOYMENT INSURANCE .AMENDMENT ACT. 2003 Amendment of section 3 of Act 63 of 2001 - 2 Verify source ↗
Section 3 of the principal Act is hereby amended-
AI-assisted research summary: This provision amends section 3 of the principal Act by replacing paragraphs (b) and (c), adding paragraph (e), and deleting subsections (2) and (3).
2. Section 3 of the principal Act is hereby amended- ( a ) by the substitution in subsection (1) for paragraphs ( b ) and (c) of the following paragraphs, respectively: “(b) employees [who receive remuneration under a learnership agree- 5 (c) of employment contem- ment registered in terms] under a contract plated in section 18(2) of the Skills Development Act, 1998 (Act No. 97 of 1998), and their employers; [employers and] employees in the national and provincial spheres government who are officers or employees as defined in section 1 ( I ) of 10 the Public Service Act, 1994 (Proclamation No. 103 of 1994), and their employers;”; of ( b ) by the insertion in subsection (1) of the word “and” at the end of paragraph (a) and the addition to the said subsection of the following paragraph: “ ( e ) persons who receive a monthly pension as contemplated in section 15 14(a)(i) and their employers.”; and ( c ) by the deletion of subsections (2) and (3). Amendment of section 11 of Act 63 of 2001 the (2) of subsection: following 20 - 3 Verify source ↗
Section 11 of the principal Act is hereby amended by the substitution for subsection
AI-assisted research summary: The Director-General must file an approved business plan with the National Treasury at the beginning of each financial year, and the Commissioner must compile the business plan with assistance from the actuary and the Board.
3. Section 11 of the principal Act is hereby amended by the substitution for subsection “(2) ( a ) At the beginning Director-General must National Treasury. the [Commissioner] file a business plan, approved by the Minister, with the of each financial year, ( b ) The Commissioner [Minister] must compile the business plan, with the [concurrence of the Director-General and the Commissioner, and they are to 25 be assisted by] assistance of the actuary and the Board.”. Amendment of section 12 of Act 63 of 2001 - 4 Verify source ↗
Section 12 of the principal Act is hereby amended by the insertion after subsection
AI-assisted research summary: A domestic worker with more than one employer may be entitled to benefits if one or more jobs end and income falls below the relevant benefit level.
4. Section 12 of the principal Act is hereby amended by the insertion after subsection (1) of the following subsection: “( 1A) A contributor who is employed as a domestic worker by more than one 30 is terminated by one or more employers is. employer and whose employment to benefits in terms of this Act if the despite still being employed, entitled contributor’s total income falls below the benefit level that the contributor would have received if he or she had become wholly unemployed.”. Amendment of section 13 of Act 63 of 2001 35 - 5 Verify source ↗
Section 13 of the principal Act is hereby amended by the addition of the following
AI-assisted research summary: This amendment adds a rule that, when calculating benefits for a contributor under section 12(1A), the calculated amount cannot be more than the benefits that would have been paid if the contributor had become wholly unemployed.
5. Section 13 of the principal Act is hereby amended by the addition of the following subsection: “(6) For the purposes of calculating the benefits of a contributor contemplated in section 12(1A), the total income derived from continued employment amount of benefits calculated may not exceed the benefits that would have been 40 paid if the contributor had become wholly unemployed.”, plus the Amendment of section 16 of Act 63 of 2001 - 6 Verify source ↗
Section 16 of the principal Act
AI-assisted research summary: This section amends section 16 of the principal Act by changing wording and adding a new case for domestic workers where the employer dies.
6. Section 16 of the principal Act is hereby amended by the deletion in subsection ( l ) ( n ) of the word “or” at the end of subparagraph (ii), the addition of the word “or” at the end of subparagraph (iii) and the addition of the following subparagraph: 45 “(iv) in the case of a domestic worker. the termination of the contributor’s contract of employment by the death of the employer of that contributor.”. Amendment of section 21 of Act 63 of 2001 - 7 Verify source ↗
Section 21 of the principal Act is hereby amended by the deletion of subsection (1).
AI-assisted research summary: This provision amends section 21 of the principal Act by deleting subsection (1).
7. Section 21 of the principal Act is hereby amended by the deletion of subsection (1). 6 No. 25721 GAZETTE, GOVERNMENT 14 NOVEMBER 2003 Act No. 32.2003 UNEMPLOYMENT INSURANCE AMENDMENT ACT. 2003 Amendment of section 24 of Act 63 of 2001 - 8 Verify source ↗
Section 24 of the principal Act is hereby amended by the deletion of subsection (2).
AI-assisted research summary: Section 24 of the principal Act is amended by deleting subsection (2).
8. Section 24 of the principal Act is hereby amended by the deletion of subsection (2). Amendment of section 27 of Act 63 of 2001 - 9 Verify source ↗
Section 27 of the principal Act is hereby amended by the deletion of subsection (3).
AI-assisted research summary: This provision amends Section 27 of the principal Act by deleting subsection (3).
9. Section 27 of the principal Act is hereby amended by the deletion of subsection (3). Insertion of section 36A in Act 63 of 2001 5 - 10 Verify source ↗
The following section is hereby inserted in the principal Act after section 36:
AI-assisted research summary: The Minister must appoint a regional appeals committee for each region, after consulting the Board.
10. The following section is hereby inserted in the principal Act after section 36: “Establishment of regional appeals committees 36A. (1) The Minister must, after consultation with the Board, appoint a regional appeals committee for each region determined by the Minister. (2) A regional appeals committee must be composed of at least- 10 (a) one member and an alternate member to represent organised labour; ( b ) one member and an alternate member to represent organised business; (c) one member and an alternate member t o represent organisations of community and development interests; and (d) one officer. (3) Any person appointed to a regional appeals committee who is not in the full-time employment allowances determined by the Minister in terms of the Treasury Instructions issued by the National Treasury.”. of the State must be paid remuneration and Substitution of section 37 of Act 63 of 2001 - 11 Verify source ↗
The following section is hereby substituted for section 37 of the principal Act:
AI-assisted research summary: A person entitled to benefits may appeal certain benefit decisions to a regional appeals committee, and the committee system may confirm, vary, or replace the decision.
11. The following section is hereby substituted for section 37 of the principal Act: “Disputes relating to payment or non-payment of benefits 37. ( I ) A person who is entitled to benefits in terms of this Act may appeal to [the] a regional appeals committee [of the Board] if that person is aggrieved by a decision of- ( a ) the Commissioner to suspend such person’s right to benefits; or ( b ) a claims officer relating to the payment or non-payment of benefits. of [the] a regional appeals committee may refer the matter [for arbitration to the CCMA] to for National Committee Appeals the (3) A decision by the National Appeals Committee (2) A person who is dissatisfied with the decision is final, subject to a decision. 15 20 25 30 judicial review. (4) For the purposes of an appeal in terms of this section- ( a ) the decisions of a regional appeals committee and those of the National Appeals Committee are determined by majority vote; and ( b ) a regional appeals committee or the National Appeals Committee, as the case may be, may, after considering an appeal, confirm or vary the decision in question, or rescind it and substitute the decision of the relevant Committee, as the case regional appeals committee or the National Appeals may be.”. 40 Short title - 12 Verify source ↗
This Act is called the Unemployment Insurance Amendment Act, 2003.
AI-assisted research summary: Section 12 states the short title of the Act.
12. This Act is called the Unemployment Insurance Amendment Act, 2003.
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