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

Chapter 1 : Introductory Provisions

1. Definitions
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In this Act unless the context indicates otherwise—

 

"actuary"

means a person appointed in terms of section 9(1);

 

"adoption order"

means an adoption order as envisaged in the Children’s Act, 2005 (Act No. 38 of 2005);

[Definition inserted by section 7(a) of Notice No. 1305, GG 42062, dated 27 November 2018 (Labour Laws Amendment Act, 2018)]

 

"agent"

means any person appointed under section 58(9);

 

"benefits"

means benefits contemplated in section 12;

 

"Board"

means the Unemployment Insurance Board established in terms of section 47;

 

"CCMA"

[Definition deleted by section 1(a) of Notice No. 1674, GG 25721, dated 14 November 2003 (Unemployment Insurance Amendment Act, 2003 (No. 32 of 2003)];

 

"claims officer"

means any claims officer appointed in terms of section 46;

 

"child"

means a person as contemplated in section 30(2) who is under the age of 21 years and includes any person under the age of 25 who is a learner and who is wholly or mainly dependent on the deceased;

 

"Commissioner"

means the Unemployment Insurance Commissioner designated as such under section 43;

 

"contribution"

means the amount payable by the employer or a contributor in terms of the Unemployment Insurance Contributions Act;

 

"contributor"

means a natural person—

(a)who is or was employed;
(b)to whom this Act, in terms of section 3, applies; and
(c)who can satisfy the Commissioner that he or she has made contributions for purposes of this Act;

 

"Director-General"

means the Director-General of the Department of Labour and any officer in the Department of Labour to whom the Director-General has delegated any function in terms of section 58(3);

 

"domestic worker"

means an employee who performs domestic work in the home of his or her employer, and includes a—

(a)gardener;
(b)person employed by a household as a driver of a motor vehicle; and
(c)person who takes care of any person in that home, but does not include a farm worker.

 

"employee"

means any natural person who receives remuneration or to whom remuneration accrues in respect of services rendered or to be rendered by that person, but excludes any independent contractor;

 

"employee’s contribution"

means the amount prescribed in terms of the Unemployment Insurance Contributions Act;

 

"employer"

means any person, including a person acting in a fiduciary capacity, who pays or is liable to pay to any person any amount by way of remuneration, and any person responsible for the payment of any amount by way of remuneration to any person under the provisions of any law or out of public funds, excluding any person who is not acting as a principal;

 

"employment office"

means any office of the Department of Labour or any agency designated for this purpose by the Director-General in terms of section 58(9);

 

"financial year"

means the period between the first day of April in any year and the thirty-first day of March in the next year, both dates included;

 

"Fund"

means the Unemployment Insurance Fund established by section 4;

 

"labour inspector"

means—

(a)an inspector appointed under section 63 of the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997); or
(b)any person designated by the Minister under that section to perform any function of a labour inspector;

 

"Minister"

means the Minister of Labour;

 

"month"

means the period extending from a day in one month to a day preceding the day corresponding numerically to that day in the following month, both days included;

 

"National Appeals Committee"

means the appeals committee contemplated in section 50(2)(a)(i);

[Definition inserted by section 1(b) of Notice No. 1674, GG 25721, dated 14 November 2003 (Unemployment Insurance Amendment Act, 2003 (No. 32 of 2003)];

 

"NEDLAC"

means the National Economic, Development and Labour Council established by section 2 of the National Economic, Development and Labour Council Act, 1994 (Act No. 35 of 1994);

 

"officer"

means an officer as defined in section 1 of the Public Service Act, 1994 (Proclamation No. 103 of 1994);

 

"prescribed"

means prescribed by regulation;

 

"prospective adoptive parent"

means a person who complies with the requirements set out in section 231(2) of the Children’s Act, 2005 (Act No. 38 of 2005);

[Definition inserted by section 7(b) of Notice No. 1305, GG 42062, dated 27 November 2018 (Labour Laws Amendment Act, 2018)]

 

"public service"

means the public service as contemplated in section 197 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);

 

"regional appeals committee"

means a regional appeals committee established in terms of section 36A;

[Definition inserted by section 1(c) of Notice No. 1674, GG 25721, dated 14 November 2003 (Unemployment Insurance Amendment Act, 2003 (No. 32 of 2003)];

 

"regulation"

means a regulation made under this Act;

 

"remuneration"

means "remuneration" as defined in section 1 of the Unemployment Insurance Contributions Act;

 

"seasonal worker"

[Definition inserted by section 1(d) of Notice No. 1674, GG 25721, dated 14 November 2003 (Unemployment Insurance Amendment Act, 2003 (No. 32 of 2003)];

 

"this Act"

includes any regulation;

[Definition substituted by section 1(e) of Notice No. 1674, GG 25721, dated 14 November 2003 Unemployment Insurance Amendment Act, 2003 (No. 32 of 2003)];

 

"Unemployment Insurance Contribution Act"

means the Unemployment Insurance Contribution Act, 2002 (Act No. 4 of 2002);

[Definition substituted by section 1(f) of Notice No. 1674, GG 25721, dated 14 November 2003 Unemployment Insurance Amendment Act, 2003 (No. 32 of 2003)];

 

"week"

means any period of seven consecutive days.