South Dakota § 61-6-1 - Requirements for eligibility for benefits during week.

Full text of South Dakota South Dakota Codified Laws § 61-6-1 — Requirements for eligibility for benefits during week., with citation guidance and answers to common questions.

§ 61-6-1. Requirements for eligibility for benefits during week.

An unemployed individual is eligible to receive benefits with respect to any week only if the department finds that:

(1)    The individual has registered for work at and thereafter has continued to report at an employment office in accordance with rules promulgated by the department pursuant to chapter 1-26. However, that the department may, by rule, waive or alter either or both of the requirements of this subdivision as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which the department finds that compliance with the requirements would be oppressive, or would be inconsistent with the purposes of this title. No such rule may conflict with this chapter;

(2)    The individual has made a claim for benefits in accordance with the provisions of § 61-7-1;

(3)    The individual is able to work and is available for work in accordance with rules promulgated by the department pursuant to chapter 1-26;

(4)    Prior to any week for which the individual claims benefits the individual has been unemployed for a waiting period of one week; and

(5)    The individual has, during the individual's base period, earned wages for insured work equal to not less than the minimum amount required for benefit entitlement in § 61-6-4.

Source: SL 1936 (SS), ch 3, § 4; SL 1937, ch 224, § 2; SDC 1939, § 17.0829; SL 1939, ch 86, § 6; SL 1941, ch 83, § 8; SL 1943, ch 83, § 1; SL 1947, ch 88, § 10; SL 1951, ch 94, § 7; SL 1973, ch 308, § 1; SL 1993, ch 375, § 32; SL 2008, ch 277, § 114; SDCL § 61-6-2; SL 2012, ch 252, § 59; SL 2020, ch 215, § 4, eff. Jul. 1, 2021.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 61-6-1

What does South Dakota Codified Laws § 61-6-1 cover?

Section 61-6-1 ("Requirements for eligibility for benefits during week.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite South Dakota § 61-6-1?

A common citation format is "South Dakota Codified Laws § 61-6-1" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of South Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.

How does South Dakota § 61-6-1 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.