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Saturday, April 11, 2009

 
SUPPOSEDLY FILING THE SOUTH CAROLINA NEW HIRE REPORTING FORM IS MANDATORY

According to information posted at this link:
The Child Support Enforcement Division (CSED) of the South Carolina Department of Social Services, in compliance with Section 43-5-598 of the South Carolina Code of Laws and 42 USC Sec. 653a, has developed the Employer New Hire Reporting Program. Through this program all employers must report all newly hired and rehired employees.

This information will be used to ensure that non-custodial parents live up to their financial responsibilities to their children. By working together, the CSED and employers can reduce the burden on our nation's taxpayers and provide a better life for our nation's children. Decreasing the tax burden needed to fund government programs benefits all state residents. When children are receiving public assistance, State and Federal Laws allow the CSED to collect the child support owed to the children and use these monies to reimburse the State for the public assistance payments.

Most important of all, timely child support payments to families who are not receiving public assistance can prevent dependence on welfare programs in the future.

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Federal Welfare Reform) requires employers to report the following data elements for each newly hired or rehired employee within 20 days:

    1. Employer Name
    2. Employer Address
    3. Employer Federal Identification Number
    4. Employer Phone Number (optional)
    5. Employee Name
    6. Employee Address
    7. Employee Social Security Number
    8. Employee Date of Birth (optional)
    9. Employee Date of Hire (optional)
New Hire information submitted by employers will only be used for purposes prescribed by law, including:
  • Establish and enforce child support orders
  • Detect Unemployment Benefits overpayments and fraud
  • Detect Workers' Compensation overpayments and fraud
  • Detect overpayments and fraud in other government programs, such as Welfare and Food Stamps

The penalty for an employer failing to report newly hired or rehired employees is:

  • $25 for the second offense and $25 for each offense thereafter; or
  • $500 for each and every offense, if the failure to report is the result of a conspiracy between the employer and the employee
Additionally, according to information posted at this link:

If you have any questions regarding the South Carolina New Hire Reporting Program, you may call us at (803) 898-9235. You may also contact us via e-mail at help@scnewhire.com. Since the data submitted to the New Hire Reporting Program is sensitive, i.e. Social Security Numbers and addresses, we ask that you not submit this data via e-mail, which may be intercepted during transmission. Please see our Security page.

You may submit paper reports to:

South Carolina Department of Social Services New Hire Reporting Program P.O. Box 1469 Columbia, SC 29202-1469
Fax: (803) 898-9100
This all sounds so simple and straightforward. Reading the above-cited materials would lead one to conclude that The South Carolina New Hire Reporting Program is a mandatory program enacted by the South Carolina Legislature in compliance with a Federal mandate and with the goal of advancing important public policies. The only problem with this conclusion is that, despite the representations of the South Carolina CSED, the statutory scheme enacted by the State of South Carolina does not require the employer to do anything.

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