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


Constitution of the Bank Sector Education and Training Authority (BANKSETA)

8. Grant of Levies


8.1 An employer that falls within the jurisdiction of the Authority must apply to the Authority in such manner as the Authority determines to be registered as an employer for purposes of the payment of the levy.


8.2 Such employer will pay the determined levy to the Commissioner for the South African Revenue Service, which will be paid into the National Revenue Fund.


8.3 The Director-General will allocate:
8.3.1 20 per cent of the levies, interest and penalties collected to the National Skills Fund;
8.3.2 80 per cent of the levies, interest and penalties to the Authority.


8.4 The costs of collection by the Commissioner must be defrayed from the levies paid to the National Skills Fund and will not exceed 2 per cent of the total amount of levies calculated at the rate referred to in section 3(l)(b) of the Skills Development Levies Act.


8.5 The Authority may apply to the Minister to collect the levies from employers that fall into its jurisdiction in terms of section 7 of the Skills Development Levies Act.


8.6 A levy payable by an employer to the Authority is regarded as a debt due to the Authority .


8.7 If an employer fails to pay any amount of the levy payable to the Authority, or any interest or penalty in respect thereof, the Authority may proceed to recover the outstanding amount by action in a court having jurisdiction in the area in which the person liable for the levy, interest or penalty carries on business in terms of chapter 2 of the Skills Development Levies Act.


8.8 Should the Minister determine that the levies so payable be paid directly to the Authority in terms of section 70f the Skills Development Levies Act, the Authority may withhold from its payment of 20 percent thereof to the National Skills Fund the cost of collection of the levies which amount shall not exceed 2 (two) per cent of the total amount of levies collected.


8.9 The funds received by the Authority shall be used to fund the performance of its functions and to pay for its administration with in the prescribed limit as set out in section 14 of the Act.


8.10 The levies, interest and penalties allocated to the Authority, or collected from employers, as the case may be, will be disbursed by the Authority to employers in the same proportionate amount as the said employer has contributed to the total amount of levies allocated or collected from all the employers under the jurisdiction of the Authority and done in accordance with the provisions of the Act and its applicable regulations.


8.11 No amount of levy paid by a particular employer shall be disbursed by the Authority as a grant to any other employer under the jurisdiction of the Authority.


8.12 The Authority may in its own discretion fund any employer that has developed a skills programme as defined in the Act, provided that -
8.12.1 the employer complies with any requirements imposed by the Authority;
8.12.2 it is in accordance with the sector skills development plan of the Authority;
8.12.3 there are funds available, as provided by such employer; and
8.12.4 where an employer has already been granted and/or received funding from the Authority for one or more other skills programme, and such skills programmes in their totality form a series which qualifies an employee to receive a learnership qualification, the total amount of funding of such series of skills programmes cannot exceed the amount of funding that an employer would have received for implementing such an aforementioned learnership.


8.13 The Authority may set any terms and conditions for such funding or grants as the Authority considers necessary in terms of the relevant funding regulations.


8.14 The Authority may withhold funds or recover any funds paid if the Authority is of the opinion that the funds are not being used for the purposes for which they were made available, any term or condition of the funding is not complied with or if it is not satisfied that the training is up to standard.