South Carolina
South Carolina Unemployment 2026: $350 Max, Eligibility, How to File
Independently fact-checked against primary sources (last audited October 8, 2026). · 13 primary sources cited on this page. How we verify our legal content

South Carolina pays a maximum of $350 a week in regular unemployment benefits and a minimum of $42, before taxes, according to the South Carolina Department of Employment and Workforce (DEW). DEW sets the maximum each year within a range the statute allows, and its page in force on October 7, 2026 lists $350. The legislature's fiscal impact statement for S.274 says the $350 maximum applies to new claims with an effective date on or after February 2, 2025. The $42 floor is written into S.C. Code 41-35-40.
Benefits last up to 20 weeks, and fewer for many claimants: your total is capped at the lesser of 20 times your weekly amount or one-third of your base-period wages. South Carolina adds no dependents' allowance.
DEW takes initial claims online through its MyBenefits portal. For how unemployment works across the country, including federal tax on benefits, see our guide to unemployment benefits by state.
Information last verified on October 7, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This page covers regular state unemployment insurance in South Carolina under Title 41 of the South Carolina Code (chapters 27, 35 and 41). It does not cover federal programs for federal civilian employees or veterans (UCFE/UCX), Disaster Unemployment Assistance, extended benefits, or claims filed in other states.
Who is eligible for unemployment in South Carolina
Eligibility starts with your past wages. DEW looks at your base period, which is the first four of the last five completed calendar quarters before your claim begins (S.C. Code 41-27-150).
Under S.C. Code 41-27-310, you count as an "insured worker" only if all three of these are true:
- You were paid at least $4,455 in total base-period wages.
- You were paid at least $1,092 in your highest-paid base-period quarter.
- Your total base-period wages equal at least 1.5 times your highest-quarter wages.
The alternate base period
If the standard base period does not give you enough wages, South Carolina uses an alternate base period for benefit years after May 31, 2010. The statute then uses "the four calendar quarters completed most recently before the individual's benefit year if this period qualifies him for benefits, provided these quarters were not previously used to establish a prior valid benefit year." This helps people whose most recent wages are not yet in the standard base period.
Able, available and looking for work
Wages are only the first test. Under S.C. Code 41-35-110, you must register for work, report as DEW requires, and be able to work, available for work, and actively seeking work each week you claim. Losing your job for a reason that disqualifies you (covered below) can also block benefits even when your wages are enough.
How much unemployment pays in South Carolina
South Carolina's formula is set out in S.C. Code 41-35-40 and 41-27-140. Your "average weekly wage" is your highest base-period quarter's wages divided by 13. Your weekly benefit amount is 50% of that figure, rounded down to the next lower dollar.

S.C. Code 41-35-40: "An insured worker's weekly benefit amount is fifty percent of his weekly average wage, as defined in Section 41-27-140, and the weekly benefit amount, if not a multiple of one dollar, must be computed to the next lower multiple of one dollar."
The result cannot be less than $42 a week. The top is the maximum DEW sets, which the statute caps at 66 2/3% of the statewide average weekly wage. DEW must publish the maximum on its website, and that page currently says: "The weekly benefit amount in South Carolina ranges from a minimum of $42 a week to a maximum of $350 a week, before taxes."
There is no dependents' allowance in South Carolina's benefit chapter, so your weekly amount does not change with the number of children or other dependents you support.
Worked example
Say your highest base-period quarter paid $7,000. Divide by 13 to get an average weekly wage of about $538.46. Half of that is about $269.23, which rounds down to a weekly benefit of $269.
A quarter of $9,100 or more works out to the $350 maximum or above, so a claimant at that level receives $350. You can estimate your own amount with our South Carolina unemployment calculator, but only DEW decides your actual benefit.
How long unemployment lasts in South Carolina
The maximum is 20 weeks. S.C. Code 41-35-50 sets your total benefits for the benefit year at the lesser of:
- 20 times your weekly benefit amount, or
- one-third of your base-period wages.
That second limit cuts the duration for people whose wages were concentrated in one quarter or were low overall. For example, a claimant with $3,000 in the highest quarter and $6,000 in total base-period wages meets the earnings tests and gets a weekly amount of $115 ($3,000 divided by 13 is about $230.77, half is about $115.38, rounded down). Twenty weeks would be $2,300, but one-third of $6,000 is $2,000, so the total is capped at $2,000, a little over 17 weeks of full payments.
The number of weeks is not tied to the state's unemployment rate under current law. A bill to change that is pending but is not law (see recent and pending changes below). Your benefit year runs for one year from the effective date of your claim.
The waiting week
South Carolina has an unpaid waiting week. DEW states: "Before any benefits can be paid, an unpaid waiting period equivalent to one full week of unemployment benefits must be served." The requirement comes from S.C. Code 41-35-110(4), which requires that a claimant "has been unemployed for a waiting period of one week."
Quitting and getting fired
South Carolina disqualifies people who quit without good cause or are discharged for misconduct. The penalty depends on why you left. Being let go does not by itself mean you were fired for misconduct; for the rules on when an employer can end your job, see our page on South Carolina at-will employment laws.
If you quit
Under S.C. Code 41-35-120(1), if you left your most recent work voluntarily without good cause, you are ineligible from the effective date of your claim until you find new employment and earn wages equal to at least 8 times your weekly benefit amount. The statute does not define "good cause" in general terms, so DEW decides it case by case.
The statute does name specific situations that do not count against you:
- Domestic abuse (S.C. Code 41-35-125(A)). You may be eligible if you left or were discharged because of circumstances directly resulting from domestic abuse and you reasonably fear future abuse at or on the way to work, need to relocate to avoid it, or reasonably believe leaving is necessary for your safety. You must provide documentation, such as police or court records or a statement from a shelter worker, attorney, clergy member or medical professional, and DEW keeps it confidential.
- Compelling family circumstances (S.C. Code 41-35-125(B)). These cover your own illness or disability that makes it medically necessary to stop working or change occupations; an illness or disability of an immediate family member (spouse, parents or dependent children) who needs care for longer than your employer will grant leave; and following a spouse who was transferred or took a job in another city or state outside commuting distance.
- Military spouse relocation (S.C. Code 41-35-126). Leaving to relocate because your spouse was reassigned from one military assignment to another, if the separation happens within 15 days of the scheduled relocation date.
Voluntary retirement is a separate disqualification under S.C. Code 41-35-120(8), which also lasts until you earn 8 times your weekly benefit amount.
If you were fired
South Carolina has three tiers for discharges under S.C. Code 41-35-120:
- Misconduct. The statute defines misconduct as "wilful and wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee," or carelessness or negligence of such degree or recurrence as to show equal culpability. A misconduct discharge makes you ineligible for the next 20 weeks in addition to the waiting period, and your benefits are reduced by 20 times your weekly benefit amount. Because no one can receive more than 20 times the weekly amount in a benefit year (S.C. Code 41-35-50), that reduction generally leaves nothing payable on the claim. No misconduct finding may rest on a discharge caused by extreme hardship, emergency, sickness or other extraordinary circumstance.
- Discharge for cause short of misconduct. DEW sets a disqualification of at least 5 and no more than 19 weeks, depending on how serious the reason was, with a matching reduction in benefits.
- Gross misconduct and illegal drug use. These include willful damage to property or theft over $50, alcohol on the premises in violation of a written policy, criminal assault or battery on a coworker or customer, criminal abuse of a patient or child, insubordination, willful neglect of a duty tied to a written job description, and federal Department of Transportation drug-test violations, as well as discharges for failing an illegal-drug test. These disqualify you until you are employed again and earn 8 times your weekly benefit amount.
Poor performance that comes from inefficiency, inability or incapacity is not a basis for a misconduct finding. Whatever the reason you left, your employer still owes your earned wages; see South Carolina final paycheck laws.
Work search requirements
DEW requires two job searches each week. In DEW's words: "Claimants are required to complete two weekly job searches to remain eligible for Unemployment Insurance benefits."

You record those searches in your SC Works Online Services (SCWOS) account at jobs.scworks.org, which DEW links to your weekly certification in MyBenefits. DEW warns that skipping the work search "could affect their eligibility and their benefit payments could stop."
Exceptions and extra duties:
- Claimants in a DEW-approved training program, such as one under the Workforce Innovation and Opportunity Act, are not required to do the weekly searches, and S.C. Code 41-35-110(3)(a) bars denying benefits on availability or work-search grounds while you attend approved training.
- If DEW selects you for reemployment services, you must take part (S.C. Code 41-35-110(6)).
- If you work through a temporary staffing agency, you must report the end of each assignment to the agency and keep weekly contact with it (S.C. Code 41-35-110(3)(c)).
Working part-time while on unemployment
You can work part-time and still collect a reduced benefit. Under S.C. Code 41-35-60, your benefit for a week equals your weekly benefit amount minus the part of that week's wages that is more than one-fourth of your weekly benefit amount.
For example, with a $269 weekly benefit, the first $67.25 you earn is not counted. If you earn $200 in a week, $132.75 is subtracted, leaving a benefit of about $136. Once your countable earnings reach your full weekly amount, no benefit is paid for that week, and DEW says that if you earn more than your weekly benefit amount you must end your benefits. Report all earnings when you certify.
How to file for unemployment in South Carolina
DEW handles claims. File your initial claim online through the MyBenefits portal, linked from DEW's Applying for Benefits page. Identity verification through ID.me is part of setting up your account. If you need help, DEW's toll-free number is 1-866-831-1724 (Relay 711).
File as soon as you become unemployed. File with the state where your employer is located and your wages were earned, which is not necessarily where you live.
Have this ready:
- Your Social Security number
- Your work history for the past 18 months: employer names, addresses, phone numbers and pay
- Your alien registration number and documents if you are not a US citizen
- Your DD-214 if you served in the military in the past 18 months
- Your SF-50 or SF-8 if you were a federal civilian employee
Certifying every week
You request payment by certifying weekly online in MyBenefits. A claim week runs Sunday through Saturday. DEW states: "You must certify for a week within 14-days of the end of the week." Miss that window and you lose that week's benefits. Payment can take up to 3 business days after you certify.
Denials and appeals
If DEW denies your claim or reduces your benefits, act quickly. S.C. Code 41-35-660 allows an appeal "not later than ten days after the determination was mailed to his last known address." DEW puts it this way: "By law you must file your appeal within 10 calendar days of the mailing date listed on the determination. If the 10th day falls on a weekend or recognized holiday, the appeal period extends to the next business day." A request to reconsider an initial determination is also due within 10 days of mailing.
South Carolina has three levels of review:
- Appeal Tribunal. File Form APP-100 or a signed letter by mail to DEW Appeal Tribunal, P.O. Box 995, Columbia, SC 29202, or by fax to 803-737-0287. The hearing is usually held by telephone, and the tribunal decides within 30 days of the hearing. Its decision is final unless someone appeals within 10 days of mailing.
- DEW Appellate Panel. You have 10 calendar days from the mailing date of the Appeal Tribunal decision to appeal to the panel.
- Administrative Law Court. Within 30 days of the mailing of the department's decision, you can file an action in the Administrative Law Court (S.C. Code 41-35-750). Review there is limited to questions of law. Further appeals follow the South Carolina Appellate Court Rules.
Keep filing your weekly claims while you appeal. DEW says: "It is important that you continue to file your claim for benefits while an appeal is pending." If you stop and later win, you may lose benefits for the weeks you did not claim.
Overpayments and fraud
If DEW pays you benefits you were not entitled to, you must repay them (S.C. Code 41-41-40). You can repay in full or on a monthly plan. DEW can deduct the overpayment from future benefits, ask your employer to withhold 25% of your net wages each pay period, and intercept state and federal tax refunds and lottery winnings, including through South Carolina Department of Revenue setoff (with a collection fee of up to $50 per attempt) and the federal Treasury Offset Program. Collection can continue for 5 years from the final determination for non-fraud overpayments and 8 years for fraud.
Waiver. If the overpayment was not your fault and recovery would be contrary to equity and good conscience, DEW may waive repayment of a non-fraud overpayment on a written request made within the appeal period (S.C. Code 41-41-40(B)). A denial of waiver can be appealed.
Fraud. Making a false statement or knowingly hiding a fact to get benefits carries a fine of $50 to $250 or up to 30 days in jail, with each statement a separate offense (S.C. Code 41-41-10). DEW can also disqualify you for 10 to 52 consecutive weeks (S.C. Code 41-41-20) and assess "a monetary penalty of thirty-three percent of the amount of the overpayment" (S.C. Code 41-41-45).
Is unemployment taxable in South Carolina?
Yes. Unemployment benefits are federally taxable, and the South Carolina individual income tax return (SC1040) begins with your federal taxable income, so the benefits flow into your state return. Confirm your own situation with the South Carolina Department of Revenue or a tax professional.
DEW does not withhold taxes automatically. You must choose withholding when you file your initial claim. Federal withholding is 10% of your benefit and state withholding is 7%. DEW says you can change your withholding option at any time in MyBenefits. For federal reporting, see our unemployment benefits by state guide.
Recent and pending changes
The South Carolina Code sections that set benefit amounts, duration and eligibility show no enacted 2025 or 2026 changes. Two bills in the 2025-2026 session would change the rules, but neither is law:
- H.3477 would tie the maximum number of weeks to the state's seasonally adjusted unemployment rate, from 12 weeks when the rate is low up to 20 weeks when it is above 9.0%. The House passed it on February 19, 2026, and it was referred to the Senate Labor, Commerce and Industry Committee, where the legislature's bill page shows it residing as of October 7, 2026. As passed by the House, it would apply only to claims with an effective date on or after January 1, 2027. Until it is enacted, the maximum stays at 20 weeks.
- S.274 would write the $350 maximum weekly benefit into the statute. It was introduced on January 28, 2025, and referred to the Senate Labor, Commerce and Industry Committee, with no further action shown.
Common myths about South Carolina unemployment
- "South Carolina pays 26 weeks." The maximum is 20 weeks, and fewer if one-third of your base-period wages is less than 20 times your weekly amount.
- "The maximum rises with wages every year." DEW sets the maximum within a statutory ceiling; it is $350 now. A bill to fix it in statute is pending but is not law.
- "The job search is optional." Two weekly job searches recorded in SCWOS are required and are linked to your weekly certification.
- "You have a month to appeal." You have 10 calendar days from the mailing date, extended only to the next business day when the 10th day is a weekend or holiday.
- "South Carolina pays extra for dependents." It does not have a dependents' allowance.
Disclaimer: This article is general legal information about South Carolina unemployment insurance, verified on October 7, 2026. It is not legal advice and not a benefit determination. Only the South Carolina Department of Employment and Workforce decides whether you are eligible and how much you receive. If your claim is denied or you are found overpaid, consult a lawyer licensed in South Carolina or a legal aid office.
Related
- Unemployment benefits by state
- South Carolina unemployment calculator
- South Carolina at-will employment laws
- South Carolina final paycheck laws
Last updated: October 7, 2026.
Frequently Asked Questions
What is the maximum unemployment benefit in South Carolina?
$350 a week before taxes, according to DEW's weekly benefit amount page as of October 7, 2026. The minimum is $42, a floor set in S.C. Code 41-35-40.
How is the South Carolina weekly benefit amount calculated?
DEW divides your highest base-period quarter's wages by 13 to get your average weekly wage, then pays 50% of that, rounded down to the dollar. The result cannot go below $42 or above the $350 maximum DEW currently publishes.
How many weeks of unemployment do you get in South Carolina?
Up to 20 weeks. Under S.C. Code 41-35-50, your total benefits are capped at the lesser of 20 times your weekly amount or one-third of your base-period wages, so some claimants get fewer weeks.
Does South Carolina have a waiting week for unemployment?
Yes. DEW requires an unpaid waiting period equal to one full week of benefits before any benefits are paid.
Can you get unemployment in South Carolina if you quit?
Only with good cause or under a statutory exception, such as domestic abuse, your own medically documented illness, caring for an ill immediate family member, or following a transferred spouse. Otherwise you are ineligible until you work again and earn 8 times your weekly benefit.
How many job searches does South Carolina require?
Two each week, recorded in your SC Works Online Services account. Claimants in a DEW-approved training program are not required to do them.
How much can I earn and still get unemployment in South Carolina?
Earnings up to one-fourth of your weekly benefit amount do not reduce your check. Anything above that is subtracted from your weekly benefit under S.C. Code 41-35-60.
How long do I have to appeal a South Carolina unemployment denial?
10 calendar days from the mailing date on the determination. If the 10th day is a weekend or recognized holiday, the deadline moves to the next business day.
Is unemployment taxed in South Carolina?
Yes. Benefits are federally taxable and South Carolina's income tax return starts from federal taxable income. DEW withholds 10% federal and 7% state tax only if you elect it, which you can do when you file and change later in MyBenefits.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
South Carolina Code of Laws, Title 41: LABOR AND EMPLOYMENT
§ 41-35-40Weekly benefit amount; procedure for reconsideration of determinationsIn force
(A) An insured worker's weekly benefit amount is fifty percent of his weekly average wage, as defined in Section 41-27-140, and the weekly benefit amount, if not a multiple of one dollar, must be computed to the next lower multiple of one dollar. However, no insured worker's weekly benefit amount may be less than forty-two dollars nor greater than sixty-six and two-thirds percent of the statewide average weekly wage most recently computed before the beginning of the individual's benefit year. (B) The maximum weekly benefit amount set each year by the department within the range established in subsection (A) must be published on the department's website. (C) The procedure for reconsideration of determinations pursuant to Section 41-35-640 is the sole and exclusive procedure and remedy for disputing the department's determination of an insured worker's weekly benefit amount.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 41-35-50Maximum potential benefits for yearIn force
The maximum potential benefits of any insured worker in a benefit year are the lesser of: (1) twenty times his weekly benefit amount; (2) one-third of his wages for insured work paid during his base period. If the resulting amount is not a multiple of one dollar, the amount must be reduced to the next lower multiple of one dollar, except that no insured worker may receive benefits in a benefit year unless, subsequent to the beginning of the next preceding benefit year during which he received benefits, he performed "insured work" as defined in Section 41-27-300 and earned wages in the employ of a single employer in an amount equal to not less than eight times the weekly benefit amount established for the individual in the preceding benefit year.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 41-27-310Insured workerIn force
An "insured worker" is an individual who has been paid wages in his base period for insured work equal to or exceeding one and one-half times the total of his wages paid in the quarter of such base period in which his wages for insured work were highest; provided, however, that no individual shall qualify as an insured worker unless he has been paid at least four thousand four hundred fifty-five dollars in his base period for insured work and one thousand ninety-two dollars in that quarter of his base period in which such wages were highest. This section must not be applied to individuals who were found qualified to receive unemployment benefits prior to enactment of this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 41-27-150Base periodIn force
(A) Except as provided in subsection (B), "base period" means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year. However, in the case of a combined wage claim filed by an individual in accord with an arrangement entered into by the department pursuant to the provisions of Section 41-29-140(2), the base period is that applicable provided by the law of the paying state. (B)(1) "Alternate base period" means for benefit years effective after May 31, 2010, if an individual does not have sufficient wages in the base period defined in subsection (A) to qualify for benefits, his base period must be the four calendar quarters completed most recently before the individual's benefit year if this period qualifies him for benefits, provided these quarters were not previously used to establish a prior valid benefit year. (2) If the wage information for an individual's most recently completed calendar quarter is not available to the department from regular quarterly reports of systematically accessible wage information, the department promptly must contact the individual's employer to establish such wage information.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 41-35-110Conditions of eligibility for benefitsIn force
An unemployed insured worker is eligible to receive benefits with respect to a week only if the department finds he: (1) has made a claim for benefits with respect to that week pursuant to regulations prescribed by the department; (2) has registered for work and after work has continued to report at an employment office, except that the department, by regulation, may waive or alter either or both of the requirements of this paragraph as to individuals attached to regular jobs; provided, that no regulation conflicts with Sections 41-35-10 or 41-35-30; (3) is able to work and is available for work at his usual trade, occupation, or business or in another trade, occupation, or business for which he is qualified based on his prior training or experience; is available for this work either at a locality at which he earned wages for insured work during his base period or, if the individual has moved, to a locality where it may reasonably be expected that work suitable for him under the provisions of Section 41-35-120(3)(b) is available; and, in addition to having complied with subsection (2), is himself actively seeking work; provided, however: (a) notwithstanding another provision…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 41-35-120Disqualification for benefitsIn force
An insured worker is ineligible for benefits for: (1) Leaving work voluntarily. If the department finds he left voluntarily, without good cause, his most recent work prior to filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, with ineligibility beginning with the effective date of the request and continuing until he has secured employment and shows to the satisfaction of the department that he has performed services in employment as defined by Chapters 27 through 41 of this title and earned wages for those services equal to at least eight times the weekly benefit amount of his claim. (2)(a) Discharge for misconduct connected with the employment.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 41-35-125Benefits for individuals unemployed as a result of domestic abuseIn force
(A)(1) Notwithstanding the provisions of Section 41-35-120, an individual is eligible for waiting week credit and for unemployment compensation if the department finds that the individual has left work voluntarily or has been discharged because of circumstances directly resulting from domestic abuse and: (a) reasonably fears future domestic abuse at or en route to the workplace; (b) needs to relocate to avoid future domestic abuse; or (c) reasonably believes that leaving work is necessary for his safety or the safety of his family. (2) When determining if an individual has experienced domestic abuse for the purpose of receiving unemployment compensation, the department must require him to provide documentation of domestic abuse such as police or court records or other documentation of abuse from a shelter worker, attorney, member of the clergy, or medical or other professional from whom the individual has sought assistance. (3) Documentation or evidence of domestic abuse acquired by the department pursuant to this section must be kept confidential unless consent for disclosure is given, in writing, by the individual.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 41-35-126Military relocation benefitsIn force
Notwithstanding the provisions of Section 41-35-120, an individual is eligible for waiting week credit and for unemployment compensation if the department finds that the individual has left work voluntarily to relocate because of the transfer of a spouse who has been reassigned from one military assignment to another, provided that the separation from employment occurs within fifteen days of the scheduled relocation date.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 41-35-60Weekly benefits for partial unemploymentIn force
Each eligible individual who is unemployed in any week must be paid with respect to such week a benefit in an amount equal to his weekly benefit amount less that part of the wages (if any) payable to him with respect to such week which is in excess of one-fourth of his weekly benefit amount. Such benefit is not a multiple of one dollar must be computed to the next lower multiple of one dollar.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 41-35-660AppealsIn force
The claimant or any other interested party may file an appeal from an initial determination, redetermination, or subsequent determination not later than ten days after the determination was mailed to his last known address. The term "any other interested party" means the claimant's last or separating employer and any employer whose account may be affected by the adjudication of the claim. If an appeal is filed with respect to a matter other than the weekly benefit amount or maximum amount of benefits payable and the appeal tribunal affirms a determination allowing benefits, the benefits paid before the decision disallowing benefits shall not be recovered from any claimant regardless of any appeal which may subsequently be taken to the extent that these benefits are not charged to the account of any employer.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 41-35-750Procedure to obtain reviewIn force
Within thirty days from the date of mailing the department's decision, a party to the proceeding whose benefit rights or whose employer account may be affected by the department's decision may initiate an action in the administrative law court against the department for the review of its decision, in which action every other party to the proceeding before the department must be made a defendant. In this action a petition, which need not be verified but which must state the grounds on which a review is sought, must be served on the executive director or on a person designated by the department within the time specified by this section. Service is considered complete service on all parties, but there must be left with the person served as many copies of the petition as there are defendants, and the department promptly shall mail one copy to each defendant. With its answer the department must certify and file with the court all documents and papers and a transcript of all testimony taken in the matter and its findings of fact and decision. The department also may certify to the court questions of law involved in a decision by the department.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 41-41-20Suspension of benefits to claimant making false statement or failing to disclose material fact; deduction from benefitsIn force
(A) A claimant found by the department knowingly to have made a false statement or who knowingly failed to disclose a material fact when filing a compensable claim to establish his right to or increase the amount of his benefits is ineligible to receive benefits for any week for which the claim was filed and is ineligible to receive further benefits for not less than ten and not more than fifty-two consecutive weeks as determined by the department according to the circumstances of the case, these weeks to commence with the date of the determination. (B) If the department finds that a fraudulent misrepresentation has been made by a claimant with the object of obtaining benefits under this chapter to which he was not entitled, in addition to any other penalty or prosecution provided under this chapter, the department may make a determination that there must be deducted from benefits to which the claimant might become entitled during this present benefit year or the next subsequent benefit year, or both, an amount not less than two and one-half times his weekly benefit amount and not more than his maximum benefit amount payable in a benefit year, as determined under Chapter 35.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 41-41-40Recovery of benefits paid to person not entitled to benefitsIn force
(A)(1) A person who has received a sum as benefits under Chapters 27 through 41 while conditions for the receipt of benefits imposed by these chapters were not fulfilled or while he was disqualified from receiving benefits is liable to repay the department for the unemployment compensation fund a sum equal to the amount received by him. (2) If full repayment of benefits, to which an individual was determined not entitled, has not been made, the sum must be deducted from future benefits payable to him under Chapters 27 through 41, and the sum must be collectible in the manner provided in Sections 41-31-380 through 41-31-400 for the collection of past due contributions. (3) The department may attempt collection of overpayments through the South Carolina Department of Revenue in accordance with Section 12-56-10, et seq. If the overpayment is collectible in accordance with Section 12-56-60, the department shall add to the amount of the overpayment a collection fee of not more than fifty dollars for each collection attempt to defray administrative costs.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 41-41-45Improper unemployment compensation paymentsIn force
(A) Notwithstanding any other provision of law, if the department determines that an improper payment from its unemployment compensation fund or from any federal unemployment compensation fund was made to any individual due to a false statement or failure to disclose a material fact pursuant to Sections 41-41-10 and 41-41-20, the department will assess a monetary penalty of thirty-three percent of the amount of the overpayment. (B) The notice of the determination or decision informing the individual of the overpayment must include: (1) the claimant's appeal rights; (2) the penalty amount; (3) an explanation of the reason for the overpayment; and (4) the reason the penalty has been applied. (C) The recovered amounts shall be applied with priority to: (1) the principal amount of the overpayment to the unemployment compensation fund; (2) sixty percent of the monetary penalty to the unemployment compensation fund; (3) the remaining forty percent of the monetary penalty to promote unemployment compensation integrity; and (4) any remaining amounts to interest.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
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Sources and References
- South Carolina Department of Employment and Workforce, Weekly Benefit Amount(www.dew.sc.gov).gov
- South Carolina Code of Laws, Title 41, Chapter 35 (Sections 41-35-40, 41-35-50, 41-35-60, 41-35-110, 41-35-120, 41-35-125, 41-35-126, 41-35-660, 41-35-750)(www.scstatehouse.gov).gov
- South Carolina Code of Laws, Title 41, Chapter 27 (Sections 41-27-140, 41-27-150, 41-27-310)(www.scstatehouse.gov).gov
- South Carolina Department of Employment and Workforce, Applying for Benefits(www.dew.sc.gov).gov
- South Carolina Department of Employment and Workforce, Find a Job(www.dew.sc.gov).gov
- South Carolina Department of Employment and Workforce, Manage Your Weekly Benefits(www.dew.sc.gov).gov
- South Carolina Department of Employment and Workforce, Appeals(www.dew.sc.gov).gov
- South Carolina Code of Laws, Title 41, Chapter 41 (Sections 41-41-10, 41-41-20, 41-41-40, 41-41-45)(www.scstatehouse.gov).gov
- South Carolina Department of Employment and Workforce, Overpayments(www.dew.sc.gov).gov
- South Carolina Department of Revenue, 2025 SC1040 Individual Income Tax Return(dor.sc.gov).gov
- South Carolina General Assembly, H.3477 (2025-2026 session) bill status(www.scstatehouse.gov).gov
- South Carolina General Assembly, S.274 (2025-2026 session) bill status(www.scstatehouse.gov).gov
- South Carolina Revenue and Fiscal Affairs Office, Fiscal Impact Statement for S.274 (2025)(scstatehouse.gov).gov