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April 2020 C-19 TERS Benefits On 25 March 2020, the Minister of Employment and Labour signed a directive implementing the Unemployment Insurance Fund (UIF) C19-TERS[1] programme. An amendment to this directive was gazetted on 8 April 2020 (signed by the Minster on 6 April 2020). A further two directives were signed on 16 and 20 April 2020 respectively, however these have not been Gazetted, and there is uncertainty as to whether they will indeed be Gazetted. There was also a plethora of guides issued by the UIF including a Frequently-Asked-Questions (FAQ) publication. Many employers seized the opportunity and applied for the UIF relief. In total, over 77 000 employers have submitted applications to the UIF. [2] What’s changed? As mentioned in our previous alerts, the UIF landscape has been very fluid since the advent of COVID-19 (CLICK HERE ). The employer no longer requires a dedicated bank account for sole use of the management of UIF benefits received from the UIF. The employer must apply online ( https://uifecc.labour.gov.za/covid19 ) and email applications will no longer be accepted. Per the original UIF FAQ document, where an employer pays an employee a partial amount, the UIF would compensate the employee for the shortfall, at the applicable UIF rate, as long as the employee does not receive more than he would have received in a prior month. o Example 1: Where the employee’s monthly salary was R20 000, and the employer paid the employee an amount of R10 000, the UIF would pay R6 638.40 for the month of April. (R17 712 [3] *12/365 = R 582.31 [4] x 38% [5] = R221,28 [6] * 30 days). The employee would receive a combined total payment of R16 638.40 o Example 2 : Where the employee’s monthly salary was R19 200 and the employer paid the employee an amount of R15 000. The UIF would pay R6 638.40. (R17 712 3 *12/365 = R 582.31 4 x 38% = R221.28 6 x 30 days). However, the UIF benefit and the amount from the employer cannot exceed the employee’s normal remuneration value. Therefore the UIF benefit would be limited to R4 200. The FAQ document seems to have been amended as relates to the calculation of the benefits – the exact date of this amendment is not known, nor can the document be found on any official government websites. No further legislative amendments have been gazetted since 8 April 2020 .

South Africa: C-19 TERS Benefits … · o Example 2: Where the employee’s monthly salary was R19 200 and the employer paid the employee an amount of R15 000. The UIF would pay R6

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  • April 2020

    C-19 TERS BenefitsOn 25 March 2020, the Minister of Employment and Labour signed a directive implementing theUnemployment Insurance Fund (UIF) C19-TERS[1] programme. An amendment to this directivewas gazetted on 8 April 2020 (signed by the Minster on 6 April 2020). A further two directiveswere signed on 16 and 20 April 2020 respectively, however these have not been Gazetted, andthere is uncertainty as to whether they will indeed be Gazetted. There was also a plethora ofguides issued by the UIF including a Frequently-Asked-Questions (FAQ) publication. Manyemployers seized the opportunity and applied for the UIF relief. In total, over 77 000 employershave submitted applications to the UIF.[2]

    What’s changed? As mentioned in our previous alerts, the UIF landscape has been very fluid since the advent of COVID-19 (CLICK HERE). — The employer no longer requires a dedicated bank account for sole use of the management of UIF benefits

    received from the UIF.

    — The employer must apply online ( https://uifecc.labour.gov.za/covid19) and email applications will no longerbe accepted.

    — Per the original UIF FAQ document, where an employer pays an employee a partial amount, the UIF wouldcompensate the employee for the shortfall, at the applicable UIF rate, as long as the employee does notreceive more than he would have received in a prior month.

    o Example 1: Where the employee’s monthly salary was R20 000, and the employer paid the employee

    an amount of R10 000, the UIF would pay R6 638.40 for the month of April. (R17 712[3] *12/365 =R 582.31[4] x 38%[5] = R221,28[6] * 30 days). The employee would receive a combined totalpayment of R16 638.40

    o Example 2 : Where the employee’s monthly salary was R19 200 and the employer paid the employeean amount of R15 000. The UIF would pay R6 638.40. (R17 7123*12/365 = R 582.314 x 38% =R221.286 x 30 days). However, the UIF benefit and the amount from the employer cannot exceedthe employee’s normal remuneration value. Therefore the UIF benefit would be limited to R4 200.

    — The FAQ document seems to have been amended as relates to the calculation of the benefits – theexact date of this amendment is not known, nor can the document be found on any official governmentwebsites. No further legislative amendments have been gazetted since 8 April 2020.

    From: Rea, Robert-WASH CTo: Grams, John W; Valladares, Christine MSubject: apr 28 / need PDF for south africaDate: Tuesday, April 28, 2020 8:38:34 AMAttachments: image001.png

    image003.pngimage006.pngimage002.png

    https://home.kpmg/za/en/home/insights/2020/04/uif-and-covid-19-revision-of-the-uif-relief-scheme-provisions.htmlhttps://uifecc.labour.gov.za/covid19mailto:[email protected]:[email protected]:[email protected]

  • ** If the daily amount of the salary paid to an employee during lock down is more than the benefitamount the employee will have received from UIF as per the IRR scale; the employee will receiveR0.00 benefit. Conversely, the employee will receive the difference between the daily benefit**

    o Example 3: Where the employee’s monthly salary was R20 000. The daily benefit amount is R221.28for amounts about the reference salary of R17 712. Will the employee be eligible to receive a UIFbenefit?R20 000 *12/365 = R657.53. No, since the daily benefit is more than the UIF daily rate.

    Conclusion

    It is not clear as whether the UIF has been applying the second methodology (example 3) since inception of theprogramme as per the amended FAQ document or whether methodology per examples 1 & 2, which is the onewhich has appeared officially for some weeks now. The confusion created is unlikely to be well-received. Nor willthe result of the new calculation, as it is contrary to what has been indicated as the intention of the C19-TERSbenefit.

    Clarity is certainly required.

    We continue to watch this space. Should you have any queries in this regard, please contact us:

    Contact us

    Melissa DuffyDirector: Global Mobility Services and Employment Tax AdvisoryEmail: [email protected]: +27824481989

    Carolyn ChambersDirector: Global Mobility Services and Employment Tax AdvisoryEmail: [email protected] M: +27834405564

    RegardsKPMG Tax and Legal

    FOOTNOTES

    1 Temporary Employee/Employer Relief Scheme2 https://www.sanews.gov.za/south-africa/companies-urged-facilitate-employees-covid-19-benefits3 UIF reference salary4 Daily rate5 Income Replacement rate for high income earners6 Daily benefit amount

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  • [1] Temporary Employee/Employer Relief Scheme[2] https://www.sanews.gov.za/south-africa/companies-urged-facilitate-employees-covid-19-benefits[3] UIF reference salary[4] Daily rate[5] Income Replacement rate for high income earners[6] Daily benefit amount

    https://www.sanews.gov.za/south-africa/companies-urged-facilitate-employees-covid-19-benefits