In South Carolina unemployment law, an exhaustee is a worker who has used up all the regular unemployment insurance benefits available to them, either by drawing every week their claim allowed or by reaching the end of their benefit year without enough wages to start a new claim. Being an exhaustee is the gateway to the state’s Extended Benefits (EB) program, which can add weeks of payments after regular benefits run out. The catch is that those extra weeks only pay out when South Carolina’s unemployment rate is high enough to trigger the program.
Who Counts as an Exhaustee
South Carolina Code Section 41-35-390 defines an exhaustee as someone who, during any week in their eligibility period, has already received all regular unemployment benefits payable in their current benefit year, or whose benefit year has expired without enough wages to start a new claim in any state.1South Carolina Legislature. South Carolina Code Section 41-35-390 – Exhaustee Defined The definition also reaches workers whose wage credits were canceled or whose benefit rights were reduced through a disqualification, leaving nothing left to draw.
Qualifying as an exhaustee is only the first requirement. Section 41-35-420 adds that to actually receive extended compensation you must meet all the standard requirements for regular benefits, carry no active disqualification, and not be collecting unemployment from the railroad system or any other federal source.2South Carolina Legislature. South Carolina Code Section 41-35-420 – Eligibility for Extended Benefits
Are Extended Benefits Available Right Now?
Extended Benefits do not run continuously. The program switches on and off based on South Carolina’s unemployment rate, and when neither of the triggering thresholds is met, no one can draw EB regardless of exhaustee status.
The state can trigger the program two ways, with different durations attached:
- Insured Unemployment Rate (IUR) trigger: EB activates when the state’s IUR exceeds 5% and is at least 120% of its average for the same period in the prior two years. This makes 13 additional weeks available.
- Total Unemployment Rate (TUR) standard trigger: If the TUR reaches 6.5%, 13 weeks of EB become available.
- TUR high-unemployment trigger: If the TUR reaches 8%, the maximum extends to 20 weeks.
If the state’s rate drops below the threshold while you are collecting, payments can end before you use all your available weeks. DEW notifies claimants when the program is winding down, but you should also watch your own benefit status.
Congress has sometimes created temporary emergency programs during severe downturns, such as the Pandemic Emergency Unemployment Compensation (PEUC) under the CARES Act in 2020. Those programs operated outside the normal EB structure. No such emergency program is active as of 2026, so the standard Federal-State EB framework is the only route to additional weeks.
How Many Weeks and How Much
Your weekly payment on Extended Benefits is the same as your regular weekly benefit amount. The program does not raise or lower the weekly check. South Carolina’s regular weekly benefit amount runs from $42 to a maximum of $350 before taxes, and regular benefits last up to 20 weeks.3South Carolina Department of Employment and Workforce. Weekly Benefit Amount
The total you can draw in EB equals the lesser of 50% of the regular benefits you received during your benefit year or 13 times your weekly benefit amount under the standard trigger. During a high-unemployment period, that ceiling rises to 20 times the weekly benefit amount.4Office of the Law Revision Counsel. 26 USC 3304 – Approval of State Laws In practical terms, a worker who collected the full 20 weeks of regular benefits at $350 per week could receive up to 10 additional EB weeks under normal conditions, for a maximum extended payout of $3,500.
Earnings during the extended period, including part-time wages, can reduce your weekly check. Severance pay and pension distributions can affect it too.
The Stricter Rules on Extended Benefits
The eligibility bar for EB is meaningfully higher than for regular unemployment. Claimants must show a “systematic and sustained effort” to find work, and the definition of a job you can reasonably turn down narrows considerably.2South Carolina Legislature. South Carolina Code Section 41-35-420 – Eligibility for Extended Benefits
Under regular unemployment, “suitable work” is judged against your prior occupation, training, and experience. Under EB, the standard shifts: suitable work means any position within your capabilities where the gross weekly pay exceeds your weekly extended benefit amount and where wages meet at least the federal minimum wage of $7.25 per hour. That federal floor applies in South Carolina because the state has no separate minimum wage law. Turning down a referral to such a job without good cause triggers a disqualification. To regain eligibility after a refusal, you must work in at least four subsequent weeks and earn at least four times your weekly extended benefit amount.
Weekly Certification and Work Search
Each week you claim, you must certify your continued eligibility by answering questions about your job search, availability, and any earnings. A claim week runs Sunday through Saturday, and you have 14 days from the end of that week to complete your certification through the MyBenefits portal.5South Carolina Department of Employment and Workforce. Manage Your Weekly Benefits Miss that window and the benefit for that week is gone; there is no retroactive fix.
You must complete at least two work searches per week through SC Works Online Services (SCWOS). Each contact must be logged and is subject to verification.6South Carolina Department of Employment and Workforce. How Unemployment Insurance Works EB claimants may also be required to attend the Reemployment Services and Eligibility Assessment (RESEA) program, a one-on-one session reviewing your job search strategy, confirming your eligibility, and connecting you with resources at an American Job Center.7U.S. Department of Labor. Reemployment Services and Eligibility Assessment Grants Once you are selected, RESEA participation is mandatory, and skipping it can cost you your benefits.
How to Apply
Extended Benefits are not automatic. After you exhaust regular unemployment, DEW may notify you of potential eligibility through your MyBenefits portal account or by mail. Even without a notice, you can apply if you believe you meet the criteria. Applications go in online through the MyBenefits portal; if you do not have computer access, you can use a terminal at an SC Works center or another DEW service location.5South Carolina Department of Employment and Workforce. Manage Your Weekly Benefits
The application calls for your work history, prior earnings, and a current record of job search activities. Documentation standards run tighter than on a regular claim, and DEW tends to verify search contacts more aggressively.
If You Lost Your Job Because of Imports
Workers whose employer was hurt by foreign imports have a separate path that does not depend on the state’s unemployment rate. The Trade Adjustment Assistance (TAA) program provides Trade Readjustment Allowances, weekly income payments that begin after regular unemployment runs out.8Employment & Training Administration. Trade Readjustment Allowances Eligibility requires the U.S. Department of Labor to certify a petition filed on behalf of the affected worker group. TAA can also cover training costs, job search expenses, and relocation assistance. If you think your layoff was trade-related, ask DEW or your local SC Works center about filing a petition.
If DEW Denies Your Claim
You can appeal, but the deadline is tight. You must file within 10 calendar days of the mailing date on the determination notice, not the date you receive it. If the 10th day falls on a weekend or holiday, the deadline shifts to the next business day.9South Carolina Department of Employment and Workforce. Appeals Appeals can be filed through the MyBenefits portal, by mail, or by fax. Keep a copy of everything you send and proof of when you sent it.
Once filed, your case goes to the Appeal Tribunal, where a hearing officer holds a hearing, usually by phone. You and any witnesses can testify, you may submit supporting documents, and you have the right to bring legal representation. The hearing officer issues a written decision after reviewing the testimony and evidence.
If the Appeal Tribunal rules against you, you can escalate to the Appellate Panel within 10 calendar days of the mailing date on that decision. The three-member Panel reviews the existing record without holding a new hearing or taking new evidence. If the Panel’s decision is still unfavorable, you have 30 days from its mailing date to appeal to the South Carolina Administrative Law Court for judicial review.