(1) Benefits shall not be paid on the basis of services performed by an alien unless such alien is an individual who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services or was permanently residing in the United States under color of law at the time such services were performed (including an alien who was lawfully present in the United States as a result of application of the provisions of Section 203(a)(7) or Section 212(d)(5) of the Immigration and Nationality Act).
(2) Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits.
(3) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of his alien status shall be made except upon a preponderance of the evidence.
HISTORY: 1962 Code Section 68-108.2; 1977 Act No. 161 Section 12.
Structure South Carolina Code of Laws
Title 41 - Labor and Employment
Chapter 35 - Employment And Workforce - Benefits And Claims
Section 41-35-10. Payment of benefits generally.
Section 41-35-30. Payment of benefits in case of death.
Section 41-35-40. Weekly benefit amount; procedure for reconsideration of determinations.
Section 41-35-50. Maximum potential benefits for year.
Section 41-35-60. Weekly benefits for partial unemployment.
Section 41-35-65. Wages paid for previously uncovered services.
Section 41-35-66. Benefits for participants in sports or athletic events.
Section 41-35-67. Benefits to aliens.
Section 41-35-100. Preservation of benefit rights of persons in armed forces.
Section 41-35-110. Conditions of eligibility for benefits.
Section 41-35-115. Service as witness or juror not to constitute disqualification for benefits.
Section 41-35-120. Disqualification for benefits.
Section 41-35-125. Benefits for individuals unemployed as a result of domestic abuse.
Section 41-35-126. Military relocation benefits.
Section 41-35-130. Payments which must not be charged to former employer.
Section 41-35-135. Charge of overpaid benefits to employer's account.
Section 41-35-140. Disclosure regarding child support obligations; deductions from benefits due.
Section 41-35-310. "Extended benefit period" defined.
Section 41-35-320. Payment of extended unemployment security benefits when federally funded.
Section 41-35-330. "State 'on' indicator" and "State 'off' indicator" defined.
Section 41-35-340. "Rate of insured unemployment" defined.
Section 41-35-350. "Regular benefits" defined.
Section 41-35-360. "Additional benefits" defined.
Section 41-35-370. "Extended benefits" defined.
Section 41-35-380. "Eligibility period" defined.
Section 41-35-390. "Exhaustee" defined.
Section 41-35-400. "State law" defined.
Section 41-35-410. Application of provisions relating to regular benefits.
Section 41-35-420. Eligibility for extended benefits.
Section 41-35-430. Weekly extended benefit amount.
Section 41-35-440. Total extended benefit amount.
Section 41-35-610. Procedures must be pursuant to department regulations; duties of employers.
Section 41-35-620. Notice of determination of insured status.
Section 41-35-640. Reconsideration of determinations.
Section 41-35-650. Notification of denial.
Section 41-35-680. Decision on appeal.
Section 41-35-690. Exclusive procedure for appeals.
Section 41-35-700. Appeal tribunals.
Section 41-35-710. Appellate Panel review of appeal tribunal decision.
Section 41-35-720. Conduct of appealed claims.
Section 41-35-730. Fees of subpoenaed witnesses.
Section 41-35-740. Judicial review of department's decision.
Section 41-35-750. Procedure to obtain review.
Section 41-35-760. Publication of department regulations on electronic website.