Iowa Admin. Code r. 871-25.14
Current through Register Vol. 47, No. 11, December 11, 2024
Rule 871-25.14 - [Effective 12/18/2024] Payments of benefits due a deceased person(1) An eligible week for a deceased claimant will be one where the week is claimed by the individual prior to death. If benefits are due a deceased person, the benefits are paid to the person or persons who have been issued letters testamentary or of administration pursuant to an application filed within 30 days after the claimant's death.(2) In the event that no application for letters testamentary or of administration has been filed within 30 days after the claimant's death, the benefits that were due will be paid to the decedent's surviving spouse, if any; or, if no spouse survives the decedent and the decedent is survived by an unmarried minor child or children, the benefits will, at the discretion of the department, be paid: a. To the guardian or guardians of unmarried minor child or children for their benefit; orb. To the person or institution who or which the department finds assumed the obligation of providing support for or maintenance of such minor child or children; orc. To any person who the department finds has furnished to such child or children necessaries of a value equaling or exceeding the amount of benefits; ord. To any person who the department finds has paid expenses of the claimant's last illness or burial expenses in an amount equaling or exceeding the amount of benefits.(3) The director of the department of administrative services will void any unredeemed warrant or warrants payable to a deceased person. Once the warrant is surrendered, the director of the department of administrative services will issue a new warrant or warrants bearing the same dates and numbers and made payable to the entitled person or persons under the provisions of this rule. The issuance of the new warrant or warrants fully discharges the department of its obligation with respect to the claims covered thereby and no other person may claim or assert any right to them.(4) Any person claiming entitlement to the payment of benefits under this regulation shall present the claim in writing within 60 days after the death of the claimant and shall offer proof thereof in such form as the department may require; however, the department may, upon good cause shown, extend the time for presentation of a claim. In the event no timely claim is made for the benefit payment, the benefits will not be paid but will remain in the unemployment compensation fund. This rule is intended to implement Iowa Code sections 96.9(3), 96.9(7), and 96.11(1).
Iowa Admin. Code r. 871-25.14
Adopted by IAB November 13, 2024/Volume XLVII, Number 10, effective 12/18/2024