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61-6-1. [Effective until July 1, 2021] 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 unless this requirement is specifically waived by the Governor during a declared emergency; 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. Mar. 31, 2020.

Effective July 1, 2021

61-6-1[Effective July 1, 2021] 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.


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