Skills Development Act, 1998 (Act No. 97 of 1998)

Regulations

Sector Education and Training Authorities (SETAs) Grant Regulations

4. Allocation of mandatory grants by a SETA
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(1) Subject to sub-regulation (5), a SETA must allocate a mandatory grant to a levy paying employer—
(a) employing 50 or more employees that has submitted an application for a grant in accordance with sub-regulation (2) and as a minimum in the format contained in Annexure 2 to these Regulations;

[Regulation 4(1)(a) amended by regulation 6 of Notice No.  486 of 2013]

(b) employing less than 50 employees that has submitted an application for a grant in accordance with sub-regulation (2) and such employers will be given the option of submitting a [sic] Annexure 2 using a simplified form provided by the SETA;

[Regulation 4(1)(b) amended by regulation 7 of Notice No.  486 of 2013)

(c) who, not withstanding [sic] sub-regulation (2), has registered for the first time in terms of section 5 of the Skills Development Levies Act and the employer has submitted an application for a mandatory grant within 6 months of registration.

 

(2) An application for a mandatory grant in terms of sub-regulation (1) must be submitted by 30 June 2013.

 

(3) With effect from 1 April 2014 an application for a mandatory grant in terms of sub-regulation (1) must be submitted by 30 April of each year.

 

(4) 20% of the total levies paid by the employer in terms of section 3(1) as read with section 6 of the Skills Development Levies Act during each financial year will be paid to the employer who submits a [sic] Annexure 2.

[Regulation 4(4) amended by regulation 8 of Notice No.  486 of 2013]

 

(5) Before making payments, the SETA must approve the Annexure 2 to ensure the levy paying employer meets quality standards set by the SETA.

[Regulation 4(5) amended by regulation 9 of Notice No.  486 of 2013]

 

(6) The mandatory grant contemplated in sub-regulation (1) must be paid to the employer at least quarterly every year.

 

(7) If the levy paying employer does not claim a mandatory grant within the time period specified in sub-regulation (2), the SETA must transfer the levy paying employer's unclaimed mandatory grant to the discretionary grant by 15 August of each year.

 

(8) A SETA Accounting Authority may grant an extension up to a maximum period of one month from the date contemplated in sub-regulation (2) for late submission of an application for a mandatory grant subject to a written request by a levy paying employer.