646 Ind. Admin. Code 5-10-23

Current through May 29, 2024

Section 646 IAC 5-10-23 - Deceased claimant

Authority: IC 22-4-18-1; IC 22-4.1-3-3

Affected: IC 22-4-12-1; IC 22-4-17-2; IC 22-4.1

Sec. 23.

(a) Under IC 22-4-12-1, unemployment insurance benefits due and payable to a deceased applicant shall be paid to the executor, administrator, or next-of-kin of the deceased if, prior to their death, the decedent had executed a voucher for the benefits claimed.

(b) If there is an executor or administrator, payments must be made to the executor or administrator. If it is shown to the satisfaction of the department that there is no executor, and no administrator has been appointed, and in all probability no administrator will be appointed, payment may be made to the next-of-kin, with due regard being given to the following order of preference:

(1) The surviving spouse.

(2) Children.

(3) Parents.

(4) Brothers and sisters.

(5) Other relatives.

However, the department is not bound to follow this order of preference.

(c) Whenever there is more than one (1) legal heir in any of the classes established in subsection (b), payment may be made to any one (1) of that group as agent for the others upon submission of proper evidence of authority and identification.

(d) Application for payment of such benefits must be made in writing and on the prescribed form within six (6) months after the death of the decedent provided that the department, upon good cause shown, may extend the time for filing.

(e) Under IC 22-4-17-2, in cases where the claimant's benefit eligibility, or disqualification, is disputed, the department shall promptly notify the claimant and the employer, or employers, directly involved with the issue or issues raised, and the determination will set forth the appeal rights of the party receiving the adverse determination. In the event of the death of the claimant between the:

(1) filing of a valid claim for benefits; and

(2) issuance of an eligibility determination by the department; all notices filed or issued under this rule shall be served upon the authorized representative of the deceased claimant, as determined under subsection (b).

(f) In the event a hearing is scheduled in an appeal involving a deceased claimant, the claimant's authorized representative of the estate shall be allowed to participate in the hearing in place of the claimant, and the appeal shall proceed as set forth under this rule.

646 IAC 5-10-23

Department of Workforce Development; 646 IAC 5-10-23; filed Apr 26, 2011, 11:23 a.m.: 20110525-IR-646100464FRA

Readopted filed 11/27/2017, 3:22 p.m.: 20171227-IR-646170447RFA

Readopted filed 6/16/2023, 1:21 p.m.: 20230712-IR-646230344RFA