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South Africa
Unemployment Insurance Act, 2001
Act 63 of 2001
- Published in Government Gazette 23064 on 28 January 2002
- Assented to on 13 January 2002
- Commenced on 1 April 2002 by Unemployment Insurance Act, 2001: Commencement
- [This is the version of this document as it was from 19 January 2017 to 28 February 2019.]
- [Amended by Taxation Laws Amendment Act, 2002 (Act 30 of 2002) on 5 August 2002]
- [Amended by Unemployment Insurance Amendment Act, 2003 (Act 32 of 2003) on 14 November 2003]
- [Amended by Revenue Laws Amendment Act, 2006 (Act 20 of 2006) on 7 February 2007]
- [Amended by Unemployment Insurance Amendment Act, 2016 (Act 10 of 2016) on 19 January 2017]
Chapter 1
Introductory provisions
1. Definitions
2. Purpose of this Act
The purpose of this Act is to establish an unemployment insurance fund to which employers and employees contribute and from which employees who become unemployed or their beneficiaries, as the case may be, are entitled to benefits and in so doing to alleviate the harmful economic and social effects of unemployment.3. Application of this Act
Chapter 2
Unemployment Insurance Fund
4. Establishment of Unemployment Insurance Fund
5. Application of Fund
The Fund must be used for the—6. Raising of funds, loans and obtaining bank overdraft facilities
The raising of funds by way of loans and bank overdraft facilities in respect of the Fund must be done in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999).7. Investment of money of Fund
8. Donations and bequests to Fund
9. Appointment of and annual review by actuary
10. Surplus and deficit in Fund
11. Accounting, auditing and financial reporting
Chapter 3
Claiming benefits
Part A – Right to benefits
12. Right to benefits
13. Calculation of benefits
14. Contributor not entitled to benefits under certain circumstances
A contributor is not entitled to benefits for any period that the contributor—Part B – Unemployment benefits
15. Calculation of period of unemployment under this Part
16. Right to unemployment benefits
17. Application for unemployment benefits
18. Payment of unemployment benefits
Part C – Illness benefits
19. Determination of period of illness under this Part
20. Right to illness benefits
21. Calculation of illness benefits
22. Application for illness benefits
23. Payment of illness benefits
The Director-General must pay the illness benefits—Part D – Maternity benefits
24. Right to maternity benefits
25. Application for maternity benefits
26. Payment of maternity benefits
The Director-General must pay the maternity benefits to the contributor at the employment office at which the application was made or any other employment office determined by the applicant at the time of application.Part E – Adoption benefits
27. Right to adoption benefits
28. Application for adoption benefits
29. Payment of adoption benefits
The Director-General must pay the adoption benefits to the contributor at the employment office at which the application was made or any other employment office determined by the applicant at the time of application.Part F – Dependant's benefits
30. Right to dependant's benefits
31. Application for dependant's benefits
32. Payment of dependant's benefits
The Director-General must pay the dependant's benefits to the dependant at the employment office at which the application was made or any other employment office determined by the applicant at the time of application.Part G – General provisions relating to claiming benefits
33. Benefits not to be assigned, attached or set off
34. ***
[section 34 repealed by section 80 of Act 30 of 2002]35. Recovery of benefits paid in error
36. Suspension of contributor's right to benefits
36A. Establishment of regional appeals committees
37. Disputes relating to payment or non-payment of benefits
Chapter 4
Enforcement
38. ***
[section 38 repealed by section 14 of Act 10 of 2016]39. ***
[section 39 repealed by section 14 of Act 10 of 2016]40. ***
[section 40 repealed by section 14 of Act 10 of 2016]41. ***
[section 41 repealed by section 14 of Act 10 of 2016]42. Duty of employer
An employer must ensure that every statement or other information which must be kept and submitted in terms of this Act is correct.Chapter 5
Commissioner and claims officers
43. Designation of Unemployment Insurance Commissioner
The Minister must designate an employee of the Department of Labour as the Unemployment Insurance Commissioner.44. Report of Commissioner, and delegation and assignment of powers and duties
45. Commissioner may deem person to be contributor
The Commissioner may deem a person to be a contributor for purposes of this Act if it appears that the person should have received benefits in terms of this Act but, because of circumstances beyond the control of that person, is not entitled to benefits.46. Appointment of claims officers
Subject to the laws governing the Public Service, the Director-General must appoint claims officers to assist the Commissioner to process applications of claims made in terms of this Act.Chapter 6
Unemployment Insurance Board
47. Establishment of Unemployment Insurance Board
The Minister must establish the Unemployment Insurance Board.48. Powers and duties of Unemployment Insurance Board
49. Composition of Unemployment Insurance Board
50. Constitution of Unemployment Insurance Board
51. Administration and provision of resources to Unemployment Insurance Board
52. Remuneration and allowances to members of Unemployment Insurance Board
A member of the Board or its committees who is not in the full-time employment of the State must be paid remuneration and allowances determined by the Minister in terms of the Treasury Instructions issued by the National Treasury.53. Indemnification of members of Unemployment Insurance Board
A member of the Board is indemnified in respect of all proceedings, costs and expenses incurred by such member when defending or opposing legal proceedings arising out of bona fide acts of such member in terms of this Act.Chapter 7
Regulations
54. Regulations
The Minister, after consultation with the Board, may make regulations regarding any matter—55. Procedure when issuing regulations
Chapter 8
General
56. Information to be supplied by employer
57. Creation and maintenance of database
58. Powers and duties of Director-General
59. Certain instruments exempt from stamp duty
Any instrument issued in terms of this Act is exempt from stamp duty, if that duty is legally payable by the Fund.60. Recovery of losses caused by employees of Fund
61. Recovery of loss generally
62. Evidence
63. Disclosure of information
64. General prohibited conduct
65. Penalties
Any person convicted of an offence in terms of this Act is liable to a fine or to imprisonment, or to both a fine and imprisonment.66. Jurisdiction of Labour Court
Unless this Act provides otherwise, the Labour Court has jurisdiction in respect of all matters in terms of this Act, except in respect of an offence in terms of this Act.67. Stating of case to Labour Court
68. Delegation and assignment by Minister
69. Persons regarded as contributors for purposes of Act
70. Repeal of laws
The Unemployment Insurance Act, 1966 (Act No. 30 of 1966), is hereby repealed except to the extent mentioned in Schedule 1.71. Transitional arrangements
The provisions of Schedule 1 apply to the transition from other laws to this Act.72. Act binds State
This Act binds the State.73. Short title and commencement
History of this document
01 April 2020 amendment not yet applied
Amended by
Labour Laws Amendment Act, 2018
01 January 2020 amendment not yet applied
Amended by
Labour Laws Amendment Act, 2018
01 November 2019 amendment not yet applied
Amended by
Labour Laws Amendment Act, 2018
01 March 2019 amendment not yet applied
Amended by
Labour Laws Amendment Act, 2018
19 January 2017 this version
Amended by
Unemployment Insurance Amendment Act, 2016
07 February 2007
14 November 2003
05 August 2002
01 April 2002
Commenced by
Unemployment Insurance Act, 2001: Commencement
28 January 2002
13 January 2002
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Calculation of benefit, 2007 | Government Notice 98 of 2007 |
Destroyed, affected or looted workplaces: Temporary Financial Relief Scheme, 2021 | Government Notice 712 of 2021 |
Domestic workers' application forms, 2003 | Government Notice R363 of 2003 |
Form UI-19: Employers' declaration of employees | Government Notice R823 of 2005 |
Increase of scale of benefits, 2017 | Government Notice 231 of 2017 |
Unemployment Insurance Regulations, 2002 | Government Notice R400 of 2002 |
Unemployment Insurance Regulations: Amendment | Government Notice 536 of 2004 |
Unemployment Insurance Regulations: Amendment | Government Notice R948 of 2009 |
Unemployment Insurance Regulations: Amendment | Government Notice R1434 of 2018 |
Unemployment Insurance Regulations: Amendment | Government Notice R1421 of 2019 |
Unemployment Insurance Regulations: Amendment | Government Notice R173 of 2020 |
Cited documents 13
Legislation 13
- Basic Conditions of Employment Act, 1997
- Compensation for Occupational Injuries and Diseases Act, 1993
- Constitution of the Republic of South Africa, 1996
- Income Tax Act, 1962
- Insolvency Act, 1936
- Labour Relations Act, 1995
- Merchant Shipping Act, 1951
- Promotion of Access to Information Act, 2000
- Public Finance Management Act, 1999
- Public Investment Corporation Act, 2004
- Skills Development Act, 1998
- Unemployment Insurance Act, 1966
- Unemployment Insurance Contributions Act, 2002
Documents citing this one 180
Gazette 165
- KwaZulu-Natal Provincial Gazette dated 2015-08-20 number 1471
- South Africa Government Gazette Regulation Gazette dated 2002-03-28 number 23283
- South Africa Government Gazette Regulation Gazette dated 2003-03-12 number 25033
- South Africa Government Gazette Regulation Gazette dated 2005-08-10 number 27891
- South Africa Government Gazette Regulation Gazette dated 2007-02-09 number 29578
- South Africa Government Gazette Regulation Gazette dated 2009-10-05 number 32614
- South Africa Government Gazette Regulation Gazette dated 2018-12-28 number 42140
- South Africa Government Gazette Regulation Gazette dated 2019-09-02 number 42678
- South Africa Government Gazette Regulation Gazette dated 2019-10-08 number 42749
- South Africa Government Gazette Regulation Gazette dated 2019-11-04 number 42821
- South Africa Government Gazette Regulation Gazette dated 2019-12-20 number 42921
- South Africa Government Gazette Regulation Gazette dated 2020-02-14 number 43023
- South Africa Government Gazette Regulation Gazette dated 2021-01-08 number 44058
- South Africa Government Gazette Regulation Gazette dated 2021-03-03 number 44222
- South Africa Government Gazette Regulation Gazette dated 2021-04-01 number 44384
- South Africa Government Gazette Regulation Gazette dated 2021-04-20 number 44465
- South Africa Government Gazette Regulation Gazette dated 2022-02-15 number 46043
- South Africa Government Gazette Regulation Gazette dated 2022-03-15 number 46058
- South Africa Government Gazette dated 2002-08-05 number 23709
- South Africa Government Gazette dated 2002-08-26 number 23763 part 1
- South Africa Government Gazette dated 2002-08-26 number 23763 part 2
- South Africa Government Gazette dated 2002-08-30 number 23787
- South Africa Government Gazette dated 2002-09-27 number 23868
- South Africa Government Gazette dated 2002-11-22 number 24080
- South Africa Government Gazette dated 2002-12-06 number 24130
- South Africa Government Gazette dated 2003-01-24 number 24262 part 1
- South Africa Government Gazette dated 2003-01-24 number 24262 part 2
- South Africa Government Gazette dated 2003-01-31 number 24316
- South Africa Government Gazette dated 2003-02-05 number 24331
- South Africa Government Gazette dated 2003-02-07 number 24332
- South Africa Government Gazette dated 2003-02-07 number 24332 part 1
- South Africa Government Gazette dated 2003-02-07 number 24332 part 3
- South Africa Government Gazette dated 2003-02-10 number 24344 part 1
- South Africa Government Gazette dated 2003-02-12 number 24347 part 1
- South Africa Government Gazette dated 2003-02-14 number 24373
- South Africa Government Gazette dated 2003-02-18 number 24399
- South Africa Government Gazette dated 2003-02-18 number 24400
- South Africa Government Gazette dated 2003-02-18 number 24407
- South Africa Government Gazette dated 2003-02-18 number 24413
- South Africa Government Gazette dated 2003-02-18 number 24415
- South Africa Government Gazette dated 2003-02-18 number 24471
- South Africa Government Gazette dated 2003-02-18 number 24472
- South Africa Government Gazette dated 2003-02-19 number 24485
- South Africa Government Gazette dated 2003-02-19 number 24486
- South Africa Government Gazette dated 2003-02-19 number 24494
- South Africa Government Gazette dated 2003-02-19 number 24496
- South Africa Government Gazette dated 2003-02-19 number 24497
- South Africa Government Gazette dated 2003-02-19 number 24499
- South Africa Government Gazette dated 2003-02-19 number 24500
- South Africa Government Gazette dated 2003-02-19 number 24501
- South Africa Government Gazette dated 2003-02-19 number 24502
- South Africa Government Gazette dated 2003-02-19 number 24506
- South Africa Government Gazette dated 2003-02-20 number 24514
- South Africa Government Gazette dated 2003-02-20 number 24516
- South Africa Government Gazette dated 2003-02-20 number 24519
- South Africa Government Gazette dated 2003-02-24 number 24642
- South Africa Government Gazette dated 2003-02-24 number 24643
- South Africa Government Gazette dated 2003-02-24 number 24645
- South Africa Government Gazette dated 2003-02-24 number 24646
- South Africa Government Gazette dated 2003-02-24 number 24647
- South Africa Government Gazette dated 2003-02-24 number 24648
- South Africa Government Gazette dated 2003-02-24 number 24649
- South Africa Government Gazette dated 2003-02-25 number 24650
- South Africa Government Gazette dated 2003-02-26 number 24651
- South Africa Government Gazette dated 2003-02-26 number 24654
- South Africa Government Gazette dated 2003-02-27 number 24655
- South Africa Government Gazette dated 2003-02-27 number 24656
- South Africa Government Gazette dated 2003-02-27 number 24657
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- South Africa Government Gazette dated 2003-02-28 number 24662
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- South Africa Government Gazette dated 2003-03-05 number 24674
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- South Africa Government Gazette dated 2003-03-05 number 24676
- South Africa Government Gazette dated 2003-03-05 number 24677
- South Africa Government Gazette dated 2003-03-20 number 24606
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- South Africa Government Gazette dated 2003-06-06 number 24932
- South Africa Government Gazette dated 2003-06-20 number 25070
- South Africa Government Gazette dated 2003-08-01 number 25251
- South Africa Government Gazette dated 2003-08-08 number 25292
- South Africa Government Gazette dated 2003-08-22 number 25348
- South Africa Government Gazette dated 2003-08-27 number 25383
- South Africa Government Gazette dated 2003-10-17 number 25577
- South Africa Government Gazette dated 2003-11-14 number 25721
- South Africa Government Gazette dated 2003-11-21 number 25734
- South Africa Government Gazette dated 2003-11-28 number 25754
- South Africa Government Gazette dated 2004-01-30 number 25950
- South Africa Government Gazette dated 2004-04-23 number 26291
- South Africa Government Gazette dated 2004-10-01 number 26835
- South Africa Government Gazette dated 2005-08-12 number 27887
- South Africa Government Gazette dated 2005-09-02 number 27946
- South Africa Government Gazette dated 2005-09-02 number 27967
- South Africa Government Gazette dated 2005-10-07 number 28099
- South Africa Government Gazette dated 2006-02-24 number 28503
- South Africa Government Gazette dated 2006-02-24 number 28506
- South Africa Government Gazette dated 2006-02-24 number 28510
- South Africa Government Gazette dated 2006-06-02 number 28909
- South Africa Government Gazette dated 2006-12-01 number 29445
- South Africa Government Gazette dated 2007-07-27 number 30113
- South Africa Government Gazette dated 2007-08-28 number 30234
- South Africa Government Gazette dated 2009-06-12 number 32313
- South Africa Government Gazette dated 2010-05-11 number 33176
- South Africa Government Gazette dated 2010-12-17 number 33873
- South Africa Government Gazette dated 2011-02-18 number 34032
- South Africa Government Gazette dated 2011-08-25 number 34551
- South Africa Government Gazette dated 2011-10-07 number 2699
- South Africa Government Gazette dated 2011-12-28 number 34890
- South Africa Government Gazette dated 2011-12-29 number 34907
- South Africa Government Gazette dated 2012-01-05 number 34916
- South Africa Government Gazette dated 2012-01-05 number 34917
- South Africa Government Gazette dated 2012-01-13 number 34933
- South Africa Government Gazette dated 2012-01-23 number 34955
- South Africa Government Gazette dated 2012-02-06 number 35005
- South Africa Government Gazette dated 2012-06-15 number 35435
- South Africa Government Gazette dated 2012-08-03 number 35550
- South Africa Government Gazette dated 2012-08-23 number 35609
- South Africa Government Gazette dated 2012-08-29 number 35637
- South Africa Government Gazette dated 2012-11-02 number 35844
- South Africa Government Gazette dated 2013-02-08 number 36138
- South Africa Government Gazette dated 2013-07-19 number 36674
- South Africa Government Gazette dated 2014-04-07 number 37539
- South Africa Government Gazette dated 2014-05-09 number 37612 part 1
- South Africa Government Gazette dated 2015-03-06 number 38551
- South Africa Government Gazette dated 2015-10-07 number 39265
- South Africa Government Gazette dated 2015-10-08 number 39273
- South Africa Government Gazette dated 2015-11-25 number 39448
- South Africa Government Gazette dated 2015-12-24 number 39543
- South Africa Government Gazette dated 2015-12-24 number 39549
- South Africa Government Gazette dated 2017-01-19 number 40557
- South Africa Government Gazette dated 2017-03-17 number 40691 part 1
- South Africa Government Gazette dated 2017-07-14 number 40978 part 1
- South Africa Government Gazette dated 2018-11-27 number 42059
- South Africa Government Gazette dated 2018-11-27 number 42062
- South Africa Government Gazette dated 2019-09-06 number 42684 part 1
- South Africa Government Gazette dated 2020-03-26 number 43161
- South Africa Government Gazette dated 2021-03-04 number 44227
- South Africa Government Gazette dated 2021-03-26 number 44333 part 1
- South Africa Government Gazette dated 2021-04-01 number 44383 part 1
- South Africa Government Gazette dated 2021-07-30 number 44908 part 1
- South Africa Government Gazette dated 2021-08-18 number 45006
- South Africa Government Gazette dated 2022-09-16 number 46917 part 1
- Western Cape Provincial Gazette dated 2016-03-31 number 7590
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- Western Cape Provincial Gazette dated 2017-03-31 number 7752
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- Western Cape Provincial Gazette dated 2019-03-29 number 8069
- Western Cape Provincial Gazette dated 2020-06-30 number 8260
- Western Cape Provincial Gazette dated 2021-07-30 number 8471
- Western Cape Provincial Gazette dated 2022-03-30 number 8573
- Western Cape Provincial Gazette dated 2023-03-31 number 8735
Judgment 5
- Duma v Road Accident Fund (672/2014) [2019] ZAKZPHC 17 (1 March 2019)
- Duwayne Esau and Others v Minister of Co-Operative Governance and Traditional Affairs and Others (611/2020) [2021] ZASCA 9 (28 January 2021)
- Mamasedi and Others v Gomez N.N.O and Others (39819/16) [2021] ZAGPJHC 485 (28 April 2021)
- Stratford and Others v Investec Bank Limited and Others [2014] ZACC 38 (19 December 2014)
- Van Wyk and Others v Minister of Employment and Labour and Others (2022/017842) [2023] ZALCJHB 2 (25 October 2023)
Legislation 10
- COVID-19 Temporary Employee/Employer Relief Scheme (C19 TERS) Direction, 2021
- COVID-19 Temporary Employee/Employer Relief Scheme (C19 TERS) Direction, 2021
- Code of Good Practice: Managing Exposure to SARS-CoV-2 in the Workplace
- Consolidated Directions on Occupational Health and Safety Measures in Certain Workplaces
- Covid-19 Temporary Relief Scheme, 2020
- Direction Providing COVID-19 TERS Benefits for Certain Categories of Employees
- Employment Services Act, 2014
- Income Tax Act, 1962
- Unemployment Insurance Regulations, 2002
- Uniform Patient Fee Schedule Regulations for Health Care Services Rendered by the Western Cape Department of Health, 2018