S.C. Code Regs. § 47-42 - Child Support Intercept of Unemployment Benefits

A. The Department may require an individual filing a new claim for unemployment compensation to disclose, at the time of filing such claim, whether or not the individual owes child support obligations as defined under Item G In addition and pursuant to an agreement between the Department and the state or local child support enforcement agency, the state or local child support enforcement agency shall notify the Department if a particular individual who has filed a new or continued claim for unemployment compensation at the time of filing such claim owes child support obligations, or if the state or local child support agency advises the Department that the individual owes child support obligations and the individual is determined to be eligible for unemployment compensation, the Department shall notify the state or local child support enforcement agency enforcing such obligations that the individual has been determined to be eligible for unemployment compensation.

B. The Department shall deduct and withhold from any unemployment compensation payable to an individual that owes child support obligations as defined under Item G.

1. the amount specified by the individual to the Department to be deducted and withheld under this Item, if neither (2) nor (3) is applicable,

2. the amount if any determined pursuant to an agreement submitted to the Department under Section 454(20)(B)(1) of the Social Security Act by the state or local child support enforcement agency, unless is applicable, or

3. any amount otherwise required to be so deducted and withheld from such 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. Any amount deducted and withheld under Item B shall be paid by the Department to the appropriate state or local child support enforcement agency.

D. Any amount deducted and withheld under Item B shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by such individual to the state or local child support enforcement agency in satisfaction of the individual's child support obligations.

E. For purposes of Items A through D, the term 'unemployment compensation' means any compensation payable under the South Carolina Employment Security Law including amounts payable by the Department pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment.

F. This regulation 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 Item which are attributable to child support obligations being enforced by the state or local child support enforcement agency.

G. The term 'child support obligations' is defined for purposes of this regulation as including only obligations which are being enforced pursuant to a plan described in Section 454 of the Social Security Act which has been 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 this regulation means any agency of this state or a political subdivision thereof operating pursuant to a plan described in Item G.

I. The deductions provided for in this regulation are not an assignment, pledge or encumbrance of any right to benefits which are or may become due or payable for the purposes of Section 41-39-20, South Carolina Code of Laws, 1976.

J. This regulation shall become effective on October 1, 1982.

Notes

S.C. Code Regs. § 47-42

Amended by State Register Volume 24, Issue No. 5, eff May 26, 2000.