Mo. Code Regs. tit. 8 § 10-3.010

Current through Register Vol. 49, No. 9, May 1, 2024

Section 8 CSR 10-3.010 - Registration and Claims in General

PURPOSE: This rule prescribes registration reporting requirements as conditions precedent to claiming benefits for total unemployment. This rule applies to those claims for unemployment insurance benefits to which 8 CSR 10-3.020, 8 CSR 10-3.040 and the Shared Work provisions of Chapter 288, RSMo, do not apply.

(1) A claimant files an initial claim for determination of status as an insured worker by-

(A) Contacting a claims center of the division by telephone and complying with filing procedures as directed by the deputy; or

(B) Communicating in writing a desire to file an initial claim. The claim will be considered filed on the date the written communication is postmarked, or if not postmarked, the date received, provided that the claimant contacts the claims center and complies with filing procedures as directed by the deputy no later than twenty-eight (28) calendar days following the end of the week in which the division receives that written communication; or

(C) Other means as may be prescribed by the director.

(2) If it is determined that the claimant is an insured worker, the benefit year begins with the first day of the week in which the initial claim was filed. For good cause, however, an earlier date may be assigned as the beginning of the benefit year.

(3) A valid initial, renewed, reopened, or weekly claim for benefits for purposes of section 288.040, RSMo, is one filed with the division in the prescribed manner-

(A) From an originating point within the geographical area of a state; or

(B) By an individual residing with his or her spouse who is a member of the U.S. Armed Forces on active duty, or a member of the National Guard, or other reserve component of the U.S. Armed Forces who is on active National Guard or reserve duty and stationed outside the geographical area of a state of the United States of America, the District of Columbia, Puerto Rico, the Virgin Islands, or the Dominion of Canada under mandatory and permanent military orders; or

(C) Originating from a contiguous country participating under the Interstate Benefit Payment Plan. The parties to the Interstate Benefit Payment Plan agreement, in addition to the fifty (50) states of the United States of America, are the District of Columbia, Puerto Rico, the Virgin Islands, and the Dominion of Canada.

(4) A valid initial or weekly claim for benefits for purposes of section 288.040, RSMo, may include a claim filed under a Social Security number not assigned by the Social Security Administration to the claimant providing the claimant's failure to file under his/her correct number was not a willful misrepresentation or willful failure to disclose his/her correct number.

(5) If it is determined that a claimant knowingly provided the division with a Social Security number not assigned to that claimant by the Social Security Administration when filing an initial claim for benefits, the claimant shall be held ineligible to receive benefits for any week otherwise payable during that benefit year.

(6) A valid claim for benefits, for purposes of section 288.040, RSMo, may include electronic methods, properly completed, signed by the claimant if necessary, filed within twenty-eight (28) calendar days after the last day of the most recent week claimed or the last day of the week in which an initial, renewed, or reopened claim was filed and for which all reporting requirements have been met.

(7) If, during a benefit year, a claimant does not file a claim for benefits, within twenty-eight (28) calendar days after the end of the last week claimed (or the end of the last week in which an initial, renewed, or reopened claim was filed), the claimant must file a renewed claim if the claimant has had intervening employment or a reopened claim if the claimant has not. The twenty-eight (28) calendar-day period may be extended for good cause. If good cause is not found, the claimant's claims for benefits for the period from the most recent week claimed (prior to the renewing/reopening of the claim) through the week ending just prior to the renewing or reopening of the claim shall not constitute valid claims for benefits under section 288.040, RSMo.

(8) A benefit week under this rule begins on Sunday and ends on Saturday, except that a claimant who has been filing claims under 8 CSR 10-3.040 shall use the same type of weekly period for further claims in the same series.

(9) A week of unemployment beginning in a benefit year shall be treated as having occurred wholly in that benefit year.

(10) A claimant must report to an employment office as defined under section 288.030(16), RSMo, unless the claimant is ill or employed, or for good cause shown.

(11) A claimant shall be held ineligible to receive benefits if the claimant fails to comply with this regulation and will remain ineligible until the noncompliance has ceased.

(12) For the purpose of 8 CSR 10-3, good cause shall be only those circumstances which are beyond the reasonable control of the claimant and then only if the claimant acts as soon as practical.

8 CSR 10-3.010

AUTHORITY: sections 288.040 and 288.070, RSMo Supp. 2011, and section 288.220.5., RSMo 2000.* Original rule filed Sept. 30, 1946, effective Oct. 10, 1946. Amended: Filed June 20, 1951, effective July 1, 1951. Amended: Filed Aug. 1, 1957, effective Aug. 29, 1957. Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975. Amended: Filed Aug. 31, 1990, effective Dec. 31, 1990. Emergency amendment filed July 15, 1994, effective July 25, 1994, expired Nov. 21, 1994. Emergency amendment filed Nov. 8, 1994, effective Nov. 22, 1994, expired March 21, 1995. Amended: Filed Oct. 3, 1994, effective Feb. 26, 1995. Amended: Filed Sept. 9, 1998, effective March 30, 1999. Amended: Filed July 16, 2002, effective Jan. 30, 2003. Amended: Filed Feb. 18, 2003, effective Aug. 30, 2003. Amended: Filed April 15, 2004, effective Oct. 30, 2004. Amended: Filed Aug. 15, 2008, effective Feb. 28, 2009. Amended: Filed March 27, 2012, effective Sept. 30, 2012.

*Original authority: 288.040, RSMo 1951, amended 1957, 1965, 1967, 1969, 1972, 1975, 1977, 1978, 1982, 1984, 1987, 1988, 1991, 1993, 1995, 1997, 1999, 2004, 2006, 2008, 2011; 288.070, RSMo 1951, amended 1957, 1972, 1974, 1979, 1984, 1988, 1993, 1996, 2008; and 288.220.5, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.