South Carolina § 41-35-670 - Benefits must be paid until determination, redetermination or decision has been modified or reversed.

§ 41-35-670. Benefits must be paid until determination, redetermination or decision has been modified or reversed.

(A) Notwithstanding another provision contained in this article, benefits must be paid pursuant to a determination, redetermination, or the decision of an appeal tribunal, the department, or a reviewing court upon the issuance of that determination, redetermination, or decision, regardless of the pendency of the period to apply for reconsideration, file an appeal, or petition for judicial review provided with respect to it or the pendency of such an application, filing, or petition, until the determination, redetermination, or decision has been modified or reversed by a subsequent redetermination or decision, in which event benefits must be paid or denied for weeks of unemployment afterward pursuant to the modifying or reversing redetermination or decision.

(B) If a determination or redetermination allowing a benefit is affirmed by the appeal tribunal or the department, or if a decision of an appeal tribunal allowing a benefit is affirmed by the department, those benefits must be paid promptly regardless of a further appeal that may be taken, and no injunction, supersedeas, stay, or other writ or process suspending the payment of the benefits must be issued by a court.

HISTORY: 1962 Code SECTION 68-157; 1952 Code SECTION 68-157; 1942 Code SECTION 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1972 (57) 2309; 2010 Act No. 146, SECTION 90, eff March 30, 2010.

Effect of Amendment

The 2010 amendment redesignated subsections (1) and (2) as (A) and (B), respectively; substituted "department" for three occurrences of "Commission"; and made other nonsubstantive changes throughout the section.