South Carolina Code of Regulations
Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE
Article 2 - GENERAL REGULATIONS
Section 47-26 - Payment of Benefits to a Deceased Claimant
Current through Register Vol. 47, No. 12, December 22, 2023
A. Pursuant to the authority of Section 41-35-30 of the South Carolina Employment Security Law and in order to provide for the payment of benefits in those cases where the claimant has filed a valid claim and has compensation payable to him for weeks of unemployment and who dies prior to receiving such compensation, the Department adopts the following regulation:
B. Written application for payment of such benefits must be made within six months after the death of the decedent, provided that the Department upon good cause shown may extend the time for filing application.
C. Such application must be made in the form of an affidavit, in which the affiant sets forth his relationship to the deceased, and the reasons he is eligible for precedence.
D. Such affidavit should be supported by a copy of the death certificate of the deceased claimant, and an affidavit of an uninterested party that he knows or is informed and believes that the information given by the first affiant is true and correct.
E. The burden of initiating a claim for compensation due and payable to a deceased claimant and of proving identity and the right to payment shall rest upon the individual making such application.
F. All benefits issued directly to the deceased shall be returned to the Department for cancellation before any funds shall be paid in lieu of such benefits. Provided, however, that where such benefits cannot be obtained that an explanation to the satisfaction of the Department is in order.
G. Upon the return of such benefits for cancellation in satisfaction of the requirements of those regulations, payment may be made to the proper party with notation thereon of claimant's name and Social Security Number.
H. Payments made in accordance with this regulation shall for all purposes be deemed to have been made to all persons equitably entitled thereto.
Amended by State Register Volume 24, Issue No. 5, eff May 26, 2000.