Unemployment Insurance Act, 2001 (Act No. 63 of 2001)Chapter 8 : General61. 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. |