N.M. Admin. Code § 11.3.300.322

Current through Register Vol. 35, No. 17, September 10, 2024

Section 11.3.300.322 - CLAIM CANCELLATIONS

A. A claim may be canceled by the claimant at any time after an initial or amended monetary determination even though final, provided that no disqualifying determination has been issued nor any benefits paid on the claim. Requests for cancellation must be made by the claimant or their authorized representative in the manner prescribed by the department and signed electronically or in writing by the claimant or the authorized representative of the claimant.

B. A request to change the date of a claim is deemed a request to cancel a claim and file a new claim.

(1) Only if the claimant does not qualify for benefits using the base period consisting of the first four of the last five completed quarters will the base period be changed.

(2) In situations where claimants might be benefited by a delayed filing, the department will advise the claimant that the claim determination will not show any wages for the first quarter and that this is not an error. If using the new base period will cause an increase in the weekly benefit amount, the department will make an effort to advise the claimant of this option to file a claim at a future date.

C. Claimants who are eligible to file a combined wage claim may cancel such claim when New Mexico is the paying state if benefits have been paid on the combined wage claim. Cancellation will be authorized only if the claimant agrees in the manner prescribed by the department to reimburse all benefits paid by cash or by authorizing any other state to deduct the amount due from any benefit payments to which the claimant is eligible. Requests for cancellation must be made in the manner prescribed by the department signed electronically or in writing by the claimant or the authorized representative of the claimant.

N.M. Admin. Code § 11.3.300.322

7-15-98; 11.3.300.322 NMAC - Rn & A, 11 NMAC 3.300.322, 01-01-2003; A, 7-1-2003; A, 11-15-2012, Adopted by New Mexico Register, Volume XXIX, Issue 20, October 30, 2018, eff. 11/1/2018