This discussion has been locked.
You can no longer post new replies to this discussion. If you have a question you can start a new discussion

TERS Benefit Extended

The Minster of Employment and Labour has extended the TERS benefit from 16 March 2021 to 25 July 2021. Please click here to view the new Direction.

Currently no new CVS template has been made available by the Fund for this application period and it is unclear whether a new template will be made available.

Once more information in this regard is made available, it will be communicated.

Please note: For the below, remuneration means remuneration  as defined in the BCEA (Basic Conditions of Employment Act) read with Government Gazette 24889. “Remuneration” is defined in the BCEA as any payment in money or in kind, or both in money and in kind, made or owing to any person in return for that person working for any other person.

Summary of the new TERS rules (only new rules summarized below)
Who may claim?
  • This benefit will only be paid to qualifying employees who are contributors to UIF and their employers have declared and paid for them with the Fund.
  • Qualifying employees are –
    • Employees of employers who are not permitted to commence operations either fully or partially in terms of the Regulations published by the Minister of Cooperative Governance and Traditional Affairs on 27 June 2021 in terms of the Disaster Management Act, and who operate in a section specified in Annexure A of the direction either partially or in full, on and from 16 March 2021 to 25 July 2021.
    • Employees of employers who are not permitted to commence operations either fully or partially in terms of the Regulations published by the Minister of Cooperative Governance and Traditional Affairs on 27 June 2021, and any other thereafter in terms of the Disaster Management Act, and who operate in a sector as specified in Annexure B of the direction either partially or in full, on and from 28 June 2021 to 25 July 2021.
    • Employees of employers who are unable to make alternative arrangements for vulnerable employees to work from home or take other measures as contemplated in clause 20.3 of the OHS Direction (Consolidated Direction on OHS Measures), irrespective of whether the employer operates in a sector specified in Annexure A or Annexure B.*Vulnerable employee means an employee with known or disclosed health issues or comorbidities or any other condition that may place the employee at the higher risk of complications or death than other employees infected with COVID-19, or above the age of 60 years (or otherwise stipulated in any amended OHS Direction of National Disaster Regulation) who is at higher risk of complications or death if infected.
    • Employees of employers who are unable to make use of their services either fully or partially because of operational requirements based on the economic, technological, structural or similar needs of the employer caused by compliance with the Regulations made in terms of the Disaster Management Act or directions made under those Regulations in particular the need to limit the number of employees at the workplace through rostering, staggering of working hours, short time and the introduction of a shift system and who operate in a sector as specified in Annexure A or B of the direction.
    • Employees who are required to ensure that they remain in isolation or in quarantine in terms of the OHS Direction or a direction issued by the Minister of Health following a high risk-contact, irrespective of whether the employer operates in a sector specified in Annexure A and B or not. These employees need not first exhaust their sick leave before claiming.
The TERS benefit amount
  • The remuneration to be taken into account in calculating the benefits will be capped at a maximum amount of R17 712 per month, per employee and an employee will be paid in terms of the income replacement sliding scale (38% -  60%) as provided by the UI Act.
  • A qualifying employee will receive a benefit calculated in terms of the UI Act or lower amount as the number of applications vis a vis available funds permit to be paid.
  • Should the benefit together with any remuneration earned fall below R3 500, the benefit will be increased to ensure that the employee, in total of both, receives R3 500.
  • The employer, provided that the amount thereof is disclosed upfront in the benefit application, shall be entitled to supplement the amount received from the Fund; provided further that the benefit and any remuneration received by the employer for work performed by the employee in the period shall not exceed 100% of the remuneration that the employee would ordinarily have received working during that period.
  • The applicable Covid-19 TERS benefit will be paid directly into the employee’s bank account. In certain circumstances the UI Commissioner or delegated official, on discretion and on good shown, can permit payment directly to the employer who, for instance paid their employees in advance.
The application procedure
  • In order for the employer to prove that they are unable to make alternative arrangements for vulnerable employees to work from home or take the other measures, and to prove that the employee is in quarantine or isolation and is entitled to benefits the following is required by the employer:
  • Must submit the categories (a) to (e) below to the National Institute for Occupational Health in the manner set out in the National Department of Health Guidelines-

(a) each employees’ vulnerability status for serious outcomes of a Covid-19 infection,

(b) details of the Covid-19 screening of employees who are symptomatic,

(c) details of employees who test positive in terms of a positive laboratory test for the Covid-19 virus,

(d) details of employees identified as high risk contacts within the workplace if a worker has been confirmed as being positive, and

(e) details on the post-infection outcomes of those testing positive, including the return to work assessment outcome.
 

  • The employee declaration returns by the employer will confirm loss of income and thus inability to make alternative arrangements for the affected employees.
  • Other than the information above, no further information is currently available as to what applicable procedure must be followed by the employer. Once more information is made available it will be communicated, in the meantime the employers must contact the Department of Employment and Labour support (0800 030 007) for any queries or assistance.

Who may claim?
  • Subject to the availability of sufficient credits, contributors whose employers do not operate in sectors set out in Annexure A or B and whose employers are unable to make use of their services either fully or partially as a result of compliance with Regulations made in terms of the Disaster Management Act or directions made under Regulations, shall be entitled to a reduced work time benefit in accordance with section 12(1B) of the Unemployment Insurance Act.
The reduced work time benefit amount
  • The amount of the reduced work time benefit shall not be calculated with reference to the benefit level as contemplated in section 12(1B) of the Unemployment Insurance Act, but by utilising the IRR and sliding scale as provided for in the UI (Unemployment Insurance) Act.
  • The employer shall be entitled to supplement the reduced work time benefit amount received from the Fund, provided that the reduced work time benefit amount as well as any remuneration received by the employer for work performed in any period shall not exceed 100% of the remuneration that the employee would ordinarily have received for working during that period, provided that such supplement amount is disclosed upfront in the benefit application.
The application procedure
  • Other than the information above, no further information is currently available as to what applicable procedure must be followed by the employer. Once more information is made available it will be communicated, in the meantime the employers must contact the Department of Employment and Labour support (0800 030 007) for any queries or assistance.