(1) Where an employer fails to pay any contributions which he or she is required to pay under this Act, the Director may, if satisfied that such failure was not due to the consent or connivance of the employee, credit to the employee the amount of the contributions which should have been paid in respect of that employee and shall charge the amount so credited to the general expenditure of the Fund.
(2) Subsection (1) does not prejudice the right of the Director to recover the amount of such contributions together with any surcharge due under this Act from the employer, and any such amount is recoverable as a debt owed by the employer to the Fund and when so recovered shall be credited to the general revenue of the Fund.