Section 8 (SDL) – Distribution of levies paid to Commissioner

8       Distribution of levies paid to Commissioner

 

(1)     The levies, interest and penalties collected by the Commissioner, after deduction of refunds, must be paid into the National Revenue Fund.

 

(2)     Subject to section 6(4), the total amount of levies, interest and penalties paid into the National Revenue Fund in terms of subsection (1), is a direct charge against the National Revenue Fund for the credit of—

 

(a)     the SETA to the amount contemplated in subsection (3)(b);

 

(b)     the National Skills Fund to the amount contemplated in subsection (3)(a) and (c).

 

(3)     The Director-General must, within 14 days after receipt of a notice from the Commissioner in terms of section 6(5), allocate—

 

(a)     20 per cent of the levies, interest and penalties collected in respect of a SETA to the National Skills Fund;

 

(b)     80 per cent of the levies, interest and penalties collected in respect of a SETA to that SETA after he or she is satisfied that the SETA has complied in the prescribed manner with section 10(1)(a), (b), (g)(iii) and (h)(ii) of the Skills Development Act;

 

(c)     the levies, interest and penalties collected by the Commissioner from employers which do not fall within the jurisdiction of a SETA to the National Skills Fund.

 

(4)     The levies, interest and penalties allocated to a SETA in terms of subsection (3)(b) must be dealt with in accordance with section 14 of the Skills Development Act.