| (1) | A levy paying employer claiming a mandatory grant must meet the eligibility criteria for the payment of a mandatory grant as prescribed in sub-regulation (2). |
| (2) | A SETA may not pay a mandatory grant to an employer who is liable to pay the skills development levy in terms of section 3(1) of the Skills Development Levies Act, unless the levy paying employer— |
| (a) | has registered with the Commissioner in terms of section 3(1) of the Skills Development Levies Act; |
| (b) | has paid the levies directly to the Commissioner in the manner and within the period determined in section 6 of the Skills Development Levies Act; |
| (c) | is up to date with the levy payments to the Commissioner at the time of approval and in respect of the period for which an application is made; |
| (d) | has submitted a [sic] Annexure 2 as contemplated in regulation 4(1) that contributes to the relevant SETA SSP within the timeframes prescribed in regulation 4(2) and 4(3); |
[Regulation 5(2)(d) amended by regulation 10 of Notice No. 486 of 2013]
| (e) | with effect from 1 April 2013, has submitted and implemented its work skills plan for the previous financial year to the extent that it satisfies the criteria for implementation that must be established and approved by the SETA Accounting Authority based on guidelines provided by the Department; and |
[Regulation 5(2)(e) amended by regulation 11 of Notice No. 486 of 2013]
| (f) | in the case of an employer who has a recognition agreement with a trade union or unions in place, there must be evidence provided that the Annexure 2 have been subject to consultation with the recognised trade unions and the Annexure 2 must be signed off by the labour representative appointed by the recognised trade union unless an explanation is provided. |
[Regulation 5(2)(f) amended by regulation 12 of Notice No. 486 of 2013]
