2017 South Carolina Code of Laws
Title 41 - Labor and Employment
CHAPTER 35 - EMPLOYMENT AND WORKFORCE - BENEFITS AND CLAIMS THEREFOR
Section 41-35-140. Disclosure regarding child support obligations; deductions from benefits due.
(A) The department may require an individual filing a new claim for unemployment compensation to disclose, at the time of filing the claim, whether or not he owes child support obligations as defined under subsection (G), or, pursuant to an agreement between the department and the state or local child support enforcement agency, the state or local child support enforcement agency must notify the department whether a particular individual who has filed a new or continued claim for unemployment compensation, at the time of filing the claim, owes child support obligations, or if the state or local child support enforcement agency advises the department that the individual owes child support obligations and the individual is determined to be eligible for unemployment compensation, the department must notify the state or local child support enforcement agency enforcing the obligations that the individual has been determined to be eligible for unemployment compensation.
(B) The department must deduct and withhold from unemployment compensation payable to an individual who owes a child support obligation as defined under subsection (G):
(1) the amount specified by the individual to the department to be deducted and withheld under this section, if neither (2) nor (3) of this subsection (B) is applicable;
(2) the amount, if any, determined pursuant to an agreement submitted to the department under Section 454 (20)(B)(i) of the Social Security Act by the state or local child support enforcement agency unless item (3) is applicable; or
(3) An amount otherwise required to be deducted and withheld from unemployment compensation pursuant to legal process, as that term is defined in Section 462(e) of the Social Security Act properly served upon the department.
(C) An amount deducted and withheld under subsection (B) must be paid by the department to the appropriate state or local child support enforcement agency.
(D) An amount deducted and withheld under subsection (B) must be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the state or local child support enforcement agency in satisfaction of the individual's child support obligation.
(E) For the purposes of subsections (A) through (D), the term "unemployment compensation" means compensation payable under this act, including amounts payable by the department pursuant to an agreement under federal law providing for compensation, assistance, or allowances concerning unemployment.
(F) This section applies only if appropriate arrangements have been made for reimbursement by the state or local child support enforcement agency for the administrative costs incurred by the department under this section which are by the state or local child support enforcement agency.
(G) The term "child support obligation" means for purposes of these provisions, attributable to a child support obligation enforced pursuant to a plan described in Section 454 of the Social Security Act and approved by the Secretary of Health and Human Services under Part D of Title IV of the Social Security Act.
(H) The term "state or local child support enforcement agency" as used in these provisions means an agency of this State or a political subdivision of this State operating pursuant to a plan described in subsection (G).
(I) This section is effective for weeks commencing on or after October 1, 1982.
HISTORY: 1983 Act No. 62 Section 9; 2010 Act No. 146, Section 81, eff March 30, 2010.
Effect of Amendment
The 2010 amendment redesignated subsections (a) through (i) as (A) through (I), respectively; substituted "department" for "commission" throughout the section; and made other nonsubstantive changes throughout the section.
