Employment of Educators Act, 1998 (Act No. 76 of 1998)RegulationsRegulations regarding the Terms and Conditions of Employment of EducationChapter 4 : Medical Assistance, State Housing, Subsistence Allowance, Official Journeys and Transport, House Owner Allowance, Service Bonus, Long Service Recognition and Resettlement Expenditure86. Over and underpayments of allowances |
| (1) | If the amount of an allowance under the scheme paid to an educator is found to be incorrect the error shall be corrected immediately and any amount which because of such error was— |
| (a) | overpaid shall be recovered from the educator: Provided that if the amount cannot be recovered in a single sum, interest shall not be charged on the monthly outstanding balance; or |
| (b) | underpaid, shall be paid to the educator. |
(2)
| (a) | If discovered that an allowance is paid to an educator who does not qualify for it, or that an allowance higher than that for which he or she qualifies is paid as a result of the fact that he or she deliberately provided incorrect information or withheld relevant information— |
| (i) | payment of the allowance to him or her shall be suspended from the first pay date after it was discovered; |
| (ii) | the amount paid or overpaid shall be recovered from him or her: Provided that if such amount cannot be recovered in a single sum but by monthly payments, interest shall be charged on the outstanding balance at the rate determined from time to time for this purpose by the Minister of Finance; and |
| (iii) | he or she shall not come into consideration for an allowance again. |
| (b) | Any action taken under paragraph (a) shall not prevent action in accordance with the provisions with regard to misconduct as contained in the Act. |