State Unemployment Benefits in South Carolina

State Unemployment Benefits in South Carolina: key facts

Administering agency

South Carolina Department of Employment and Workforce (DEW).

Claimant portal

MyBenefits at scuihub.dew.sc.gov

Phone

1-866-831-1724 (Relay 711)

Benefits unpaid at death

If a benefit due the claimant is unpaid at death and the estate has not been administered in the probate court within 60 days after the death, DEW may pay the benefit to, in order: the surviving spouse; then the minor children; then the adult children; then the parents; then a person who was dependent on the deceased (S.C. Code 41-35-30).

If no survivor qualifies

Where no one falls within those classifications, the payments due the deceased lapse and revert to the state unemployment trust fund. Payment for minor children may be made to a responsible adult with whom the children live, on a written pledge to use it for them — no guardian need be appointed.

If an estate is opened

Where an executor or administrator is appointed within 60 days of the death, S.C. Code Regs. 47-26.A.1 requires DEW to pay the unpaid benefit to that personal representative — it is an asset of the estate. The direct-to-survivor route in S.C. Code 41-35-30 applies only where no personal representative is appointed within that 60 days.

Survivor application: six months, by affidavit

A survivor claiming the unpaid benefit must file a written application within six months after the death, which DEW may extend for good cause. The application takes the form of an affidavit setting out the applicant's relationship to the deceased and why they are eligible for precedence, supported by a copy of the death certificate and an affidavit of a disinterested party attesting that the information is true. The burden of proving identity and the right to payment rests on the applicant.

Uncashed payments must be returned

Any benefit payments already issued to the deceased must be returned to DEW for cancellation before replacement funds are paid. Where they cannot be recovered, DEW requires an explanation to its satisfaction.

How to report a death

Call DEW's claimant line at 1-866-831-1724 (Relay 711), or use the Unemployment Insurance webform on dew.sc.gov. DEW publishes no deceased-claimant form — S.C. Code Regs. 47-26 calls for a sworn affidavit rather than a departmental form — so the call center is the route for confirming what is payable and where to send the affidavit.

Governing law: S.C. Code 41-35-30 (payment of benefits in case of death); S.C. Code Regs. 47-26 (payment of benefits to a deceased claimant)

Steps to take when someone dies

1. Report the claimant's death to the South Carolina Department of Employment and Workforce by calling 1-866-831-1724 (Relay 711) so benefit payments stop.
2. Ask DEW whether a benefit was due and unpaid at the date of death.
3. Return any benefit payments already issued to the deceased to DEW for cancellation, or explain to DEW's satisfaction why they cannot be recovered (S.C. Code Regs. 47-26.F).
4. If an executor or administrator is appointed within 60 days of the death, DEW pays the unpaid benefit to that personal representative (S.C. Code Regs. 47-26.A.1).
5. If no personal representative is appointed within 60 days, DEW may pay the benefit directly to the surviving spouse — or, if there is none, to the minor children, adult children, parents, or a dependent, in that order (S.C. Code 41-35-30).
6. To claim as a survivor, file a written application with DEW within six months of the death, in the form of an affidavit (S.C. Code Regs. 47-26.B-D), supported by:
   • The applicant's relationship to the deceased and why they are eligible for precedence
   • A copy of the deceased claimant's death certificate
   • An affidavit of a disinterested party attesting that the information is true and correct

Frequently asked questions