Legal updates and opinions
News / News
Temporary Employer/Employee Relief Scheme (“TERS”) extension: appeal process and update
Temporary Employer/Employee Relief Scheme (“TERS”)
On 27 March 2021 the Unemployment Insurance Fund (”UIF“) issued a letter outlining the appeal process for the lockdown period 16 October 2020 until 15 March 2021.
On 1 March 2021 the UIF opened its online portal for sector based claims. The online portal performed a “real check on the business activity and the main division sector selected by the user”. If the sector selected did not match with the SARS database, one of the following error messages would be generated preventing a claim being lodged.
- The Entity is registered with SARS without Industry/Sector classification;
- The Entity is registered with SARS under “‘|sars class| ‘”class, which is not a qualified sector category for TERS payment; or
- The Entity is not registered with SARS under a qualified sector category for TERS payment (the entity is not registered)
This decision can either be accepted or rejected. Appeals can be lodged via the UIF Call Centre from 6 April 2021. The employer will be subjected to an authentication process and a link will then be sent to the employer to upload an appeal form as well as supporting documentation. A decision will then be made to accept the appeal or decline it.
If the appeal has been approved, the employer may re-lodge their TERS claim within 72 hours. Employers will select their business activity as previously done and select “OTHER (APPROVED APPEALS)” for the main division sector.
Further details regarding the appeal process, as well as further information on changes to the TERS bank verification system, are contained in the letter, which can be accessed at https://www.nsbc.africa/storage/covid_files/1617092816.pdf .
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Lukrisha Ramadu, Candidate Attorney
Latest News
Conciliations and the importance of maintaining impartiality
and Tasreeq Ferreira, Candidate Attorney Issue Whether comments made by a commissioner in conciliation proceedings could give rise to a [...]
When reinstatement is not permissible
and Kelly Sease, Candidate Attorney In terms of section 193(1) of the Labour Relations Act 66 of 1995 (as amended) [...]
Does section 11 (1) of the MPRDA apply to an indirect change in control?
and Mmatshepo Papo - Candidate Attorney In the recent decision of Vantage Goldfields SA (Pty) Ltd & Another v Arqomanzi [...]
Is a municipal by-law prohibiting transfer of property without a “SPLUMA Certificate” constitutional and valid?
In an unreported case[1] of the High Court of South Africa, Mpumalanga Division, Middelburg ("Court"), a number of owners [...]
(Insurance) fraud unravels all: The SCA confirms that fraud can lead to the forfeiture of a partly valid and partly fraudulent claim when a policy says so
In Discovery Insure Limited v Masindi the SCA considered whether the entirety of an insurance claim should be forfeited [...]
When do arbitration awards prescribe?
When does an arbitration award prescribe? Does an award even attract its own period of prescription? The short answer [...]
