1976 South Carolina Code of Laws
Unannotated
Updated through the end of the 2000 Session

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Title 41 - Labor and Employment

CHAPTER 41.

EMPLOYMENT SECURITY - OFFENSES, PENALTIES AND LIABILITIES

SECTION 41-41-10. False statements or representations, or failures to disclose material facts, to obtain or increase benefits.

Whoever makes a false statement or representation knowing it to be false or who knowingly fails to disclose a material fact to obtain or to increase any benefits or other payment under Chapters 27 through 41 of this Title or under an employment security or unemployment compensation law of any other state, the Federal Government, or of a foreign government, either for himself or for any other person, shall be punished by a fine of not less than twenty nor more than one hundred dollars or by imprisonment for not longer than thirty days and each such false statement or representation or failure to disclose a material fact shall constitute a separate offense.

SECTION 41-41-20. Suspension of benefits to claimant making false statement or failing to disclose material fact.

Any claimant found by the Commission 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, shall be ineligible to receive any benefits for any week for which such claim was filed, and in addition shall be ineligible to receive any further benefits for not less than ten nor more than fifty-two consecutive weeks as determined by the Commission according to the circumstances of the case, such weeks to commence with the date of the determination. In any case the determination may be appealed in the same manner, within the same time, and through the same procedures as any other determination with respect to the benefit eligibility of a claimant.

SECTION 41-41-30. False statements or representations, or failures to disclose material facts, to prevent or reduce payment of benefits or contributions.

Any employing unit or any officer or agent of an employing unit or any other person who makes a false statement or representation knowing it to be false or who knowingly fails to disclose a material fact to prevent or reduce the payment of benefits to any individual entitled thereto or to avoid becoming or remaining subject thereto or to avoid or reduce any contribution or other payment required from any employing unit under Chapters 27 through 41 of this Title shall be punished by a fine of not less than twenty nor more than one hundred dollars or by imprisonment for not longer than thirty days, and each such false statement or representation or failure to disclose a material fact shall constitute a separate offense.

SECTION 41-41-40. Recovery of benefits paid to person not entitled thereto.

Any person who, has received any sum as benefits under Chapters 27 through 41 of this title while any conditions for the receipt of benefits imposed by such chapters were not fulfilled in his case or while he was disqualified from receiving benefits shall be liable to repay the commission for the unemployment compensation fund a sum equal to the amount so received by him. In the event full repayment of benefits, to which an individual was determined not entitled, has not been made such sum will be deducted from any future benefits payable to him under Chapters 27 through 41 of this title, and such sum shall be collectible in the manner provided in Sections 41-31-380 to 41-31-400 for the collection of past-due contributions.

The commission may, at its discretion, attempt collection of overpayments through the South Carolina Department of Revenue in accordance with Section 12-7-2240. If the overpayment is collectible in accordance with Section 12-7-2240, the commission shall add to the amount of the overpayment a collection fee of ten dollars for each collection attempt.

SECTION 41-41-50. General penalty.

Any employing unit or person who shall wilfully violate any provision of Chapters 27 through 41 of this Title or any order, rule or regulation thereunder the violation of which is made unlawful or the observance of which is required under the terms of such chapters shall be liable to a penalty of one thousand dollars, to be recovered by the Commission in an appropriate civil action in any court of competent jurisdiction, and shall also be guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not less than twenty nor more than one hundred dollars or imprisonment for not longer than thirty days, and each day such violation continues shall be deemed to be a separate offense.





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