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
Generative AI: It’s magic but fraught with legal risks
and Hlonelwa Lutuli, Candidate Attorney The use and beneficial application of generative AI in the workplace is increasing at an [...]
The correct approach to Section 138(5)(a) of the LRA: rescission or re-enrolment?
On 27 May 2023, as a direct response to Labour Appeal Court's judgement of Mohube v Commission for Conciliation, Mediation and [...]
Hand over the tax records! Section 35 and 46 of PAIA unconstitutional
and Siyabonga Galela, Candidate Attorney On 30 May 2023, the Constitutional Court handed down its ruling in the matter of [...]
Numerical Targets: No jobs will be lost!
The publication of the Employment Equity Regulations on 12 May 2023 has been the subject of much public controversy. [...]
Certificate of need in the healthcare sector: not needed
The National Health Act or NHA[1] makes provision for a system of licensing referred to as a certificate of [...]
The FSCA publishes exemptions for Crypto Assets Financial Service Providers
Siphosethu Zazela, Candidate Attorney On 11 May 2023, the Financial Sector Conduct Authority ("FSCA") published notice 25 of 2023 [...]