Section 4:
consolidated text (as at 1990). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
4. Hardship relief not to be assigned
(1) Notwithstanding any other enactment but subject to this section, any
hardship relief under this Act shall not be assigned, transferred, ceded,
pledged, delegated, attached or levied upon in any respect.
(2) Subject to such other conditions as may be prescribed, where a claimant has received under this Act hardship relief to which he is not entitled, the
Awarding Officer may recover the amount of that relief from the amount of—
(a) a benefit or allowance to which the claimant is or may become
entitled under the National Pensions Act or the Family Allowance
Act respectively; or
(b) any social aid to which the claimant may become entitled under
the Social Aid Act.
(3) Where a claimant—
(a) is absent from Mauritius;
(b) is an inmate of a medical institution; or
(c) is in legal custody,
the amount of hardship relief due to him may be paid to his spouse, his eldest dependent child or his personal representative.
(4) On the death of a claimant—
(a) the amount of hardship relief due to him shall be paid, in equal
shares, where appropriate, to—
(i) the surviving spouse;
(ii) in the absence of a surviving spouse, the children; or
(iii) in the absence of a surviving spouse or child, the legal personal representative; and
(b) where the claimant leaves no surviving spouse, child or legal
personal representative, an amount not exceeding one month’s
hardship relief which has accrued to the claimant shall be paid to
any person who furnishes satisfactory evidence to show that the
funeral expenses incurred in connection with the death of the
claimant have been borne by him.
U2 – 3 [Issue 1]
Unemployment Hardship Relief Act
(5) A person claiming to be entitled to any hardship relief under subsection (4) shall, not later than 3 months after the death of the claimant, submit
a claim in writing to that effect.
[S. 4 amended by Act 15 of 1986; reprinted by Reprint 2 of 1987.]
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Questions this section answers
- Can my hardship relief be seized, transferred or attached by someone I owe money to?
- What happens to unpaid hardship relief if the claimant dies?
- How long do I have to claim a deceased claimant's unpaid hardship relief?