Refund / Return of the Small Business Wage Subsidy (SBWS) Received by Workers

In an Advisory issued on 2 June 2020, the Social Security System (SSS) announced the requirement to refund or return the Small Business Wage Subsidy (SBWS) received by employees under certain instances, discussed below. The directive is based on the SBWS Program Task Force Resolution No. 2. The instances when the refund/return is required, and the procedure for the refund, are discussed below.

Refund / Return of the Small Business Wage Subsidy (SBWS) Amounts

WHO ARE REQUIRED TO REIMBURSE

The following are required to refund or reimburse the amount disbursed by the SSS under the SBWS program:

  • 1. Employers who fail to maintain the employment status of their employee-beneficiaries within the original SBWS period, from 17 March 2020 to 31 May 2020. [Note: That is a reproduction of the SSS Advisory. The text of Resolution No. 2, however, provides that the return policy covers employers who “failed to maintain the employment status of all employee beneficiaries before the ECQ and other forms thereof and throughout the SBWS.”]
  • 2. Employee-beneficiaries who resign during the period when enhanced community quarantine, modified enhanced community quarantine, or general community quarantine, is imposed in the region or local government unit where the place of business of his/her employer is found. [Note: The full text of Resolution No. 2 reads: “Employees who resigned during the period of ECQ and other forms thereof imposed in Luzon and other parts of the country shall return to the government the amount of wage granted.”]
  • 3. Employers who misrepresented in their application any material fact relevant to the eligibility of their employees.

VOLUNTARY RETURN

Voluntary return of the amount received under the SBWS program shall be accepted until 15 June 2020. Payment is to be made at the nearest Landbank branch; over-the-counter deposit to the Bureau of Treasury (BTr) bank account with the following details: 

  • Land Bank Account Number: 0012-1188-80
  • Account Name: Refund of Small Business Wage Subsidy

Upon deposit of the subsidy amount, the employer or employee must submit the scanned copy of the validated deposit slip to the SSS by email at SBWSSreturns@sss.gov.ph with the following information:

For employers:

  • 1. Name of employer and SSS ID number
  • 2. Name(s) of employees(s)
  • 3. SSS number and amount deposited for each employee
  • 4. Reason for the return
  • 5. Total amount deposited
  • 6. Date and time of deposit

For employees:

  • 1. Name of employee and SSS number
  • 2. Name of employer and SSS ID number if known
  • 3. Reason for the return
  • 4. Date and time of deposit

INVOLUNTARY RETURN

Upon determination by the Commission on Audit during its post-audit of the SBWS Program that an employer or an employee committed an act on the ground of which an employer or employee is deemed liable to return to the government the amount of wage subsidy granted, or upon discovery of fraud by the DOF, SSS or BIR, a letter shall be issued by the SBWS Program Task Force demanding the return of the said subsidy within fifteen (15) calendar days from receipt thereof. 

The non-compliance with the demand for return within the prescribed period shall be basis for the filing of criminal and/or civil action, whichever is appropriate.

[For more details on the return policy, refer to the full text of Resolution No. 2. On the other hand, for those who are eligible but was not covered, see the Grievance Procedure under Resolution No. 4. Refer to the guidelines on non-duplication of SBWS, CAMP and SAP benefits under JMC 2-2020.]

P&L Law

89 thoughts on “Refund / Return of the Small Business Wage Subsidy (SBWS) Received by Workers

  1. AvatarIdol

    Pano kaya makukuha ung kulang na 5k kung 3k lang binigay ni sss wala naman akong dole camp or sap wala sa pamilya namin

    Reply
  2. AvatarRemin Cruz

    Ask lng po. What if hindi 2 weeks consecutive ang wala kame work. Ginawa po ng company namen 3 days per week ang wala pasok.Are we still qualified po?Or we need to return po ang subsidy?

    Thanks po sa reply.

    Reply
  3. Avatarleo

    HELLO po! panu po in the first place nagkamali po si employer naisama nya po sa list yung hindi nmn dpat eligible, nagulat nga lng dn kme na meron nag tx samin na sss at wla dn nmn po silang notice samin na wag namin gastusin ang pera dhil kailangan e balik. last week nlng sila nag bigay ng letter na e balik nmin sa sss ang perang natanggap namin kung saan nagastos na namin lahat. unfortunately, na AWOL pa nila ako sa work dhil d ako nkapg duty ng 2 weeks dhil namtay ung father ku, Needed ko pa po ba talagang e return yung perang natanggap ku?

    Reply
  4. AvatarCarlo

    Kapag nakapag resign na po kanino po ba dapat ibalik ang pera sa Company or pwedi din po bang kay SSS nalang po mismo?

    Pwedi po bang hulog-hulugan nalang kay SSS yung pera na babawiin nila?

    DAPAT PALA TINANGGAP KO NALANG YUNG SA DSWD(Qualified kasi kami kasi may baby kami na 0yrs. old) KUNG BABAWIIN DIN PALA NI SSS YUNG BINIGAY NILA

    Reply
  5. AvatarAkiwe

    What if po before pa nagquarantine nagpass ng resignation letter pero ang effective date ay naging during quarantine? Like nagresign ng February and effective ng April? Hindi nafinalize yung process ng resignation due to circumstances/turnover dahil sa cut ng days to process. Pero may agreement na magtuturnover once accessible to report for work?

    Reply
  6. AvatarRain

    Hello po pwede na po bang magresign during MGCQ period? and what if po hindi naman nakatanggap? at gusto na magresign hindi po ba pwede yun?

    Reply
  7. AvatarPrincess

    Pano nman po yan maibabalik eh hanggang ngayon nga di padin makabalik sa trabaho at natatakot kami para sa kaligtasan namin. Tapos kaylangan pang ibalik. Sana man lang bago kayo namigay ng ayuda sada kasabay nadin yung memo para di na sana namin tinanggap yang ayudang yan. Sa palagay nyo san kami kukuha ng pambalik sa ayudang nakuha namin.. ni nga pambili naming bigas wala kami.??

    Reply
  8. AvatarSanny

    Hi! Question What if magreresign na si Employee During GCQ irerefund pa din ba nya ung nakuha na 1st & 2nd wave? if nag awol ? anong possible na pwedeng mangyari?

    Reply
  9. AvatarMay

    What if po tatlong employees lang po na approved sa company kasi daw per our HR po the 3 employees were approved in error and the rest po were disqualified daw.
    How do we verify po na they are required to voluntary return the subsidy received?
    And sino po ba talaga nag didisqualify? si Employer or si SSS?
    Is it usual sa SSS to approve in error po?

    Reply
    1. Avataredgin delogar

      sir panu po ba if na freeze na ung accoun # ng sss na ibinigay kc hndi ko na po madeposit ngayong araw

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