Sec. 31-222-13 - Benefit claim procedure

ยง 31-222-13. Benefit claim procedure

(a) Definitions. For purposes of this section, the following definitions shall apply:

(1) "Good faith error" means the excusable failure of an individual to file a claim, either initial or continuing, in the manner prescribed by the administrator, due to the individual's own negligence, provided (A) there is no prior history of late filing due to such error, (B) the claim is not excessively late, and (C) there is no prejudice to any adverse party.

(2) "Invalidation" means (A) the withdrawal of an otherwise valid initiating claim within twenty-one days from the date on which the monetary determination is issued, (B) the exercising by the administrator of the administrator's discretion to reopen a claim under section 31-243 of the Connecticut General Statutes, or (C) the withdrawal of a valid initiating claim in favor of an initiating claim with a later effective date at any time during the six month period following the issuance of the monetary determination.

(3) "Valid initiating claim" means a claim filed by an unemployed or partially unemployed individual who meets the requirements of subdivisions (1) and (3) of subsection (a) of section 31-235 of the Connecticut General Statutes, provided that, with respect to any week of unemployment or partial unemployment, the individual is not found to be entitled to unemployment compensation under any other state's law or compensation for temporary disability under any workers' compensation law for the same period.

(b) All claims for benefits shall be made in a manner prescribed by the administrator.

(c) Initiating and continuing claims.

(1) Initiating claim. A week of unemployment shall be a calendar week commencing at midnight on Sunday. An initiating claim shall be filed during the week of unemployment with respect to which it is filed and shall be effective as of the commencement of the week within which it is filed, except where, pursuant to the provisions of section 31-229 of the Connecticut General Statutes, an individual's partial earnings in any week exceed such individual's weekly benefit entitlement with respect to such week, the claim shall be effective as of the commencement of the following week. An initiating claim for partial unemployment shall be filed within four weeks from the end of the calendar week in which the individual's hours were reduced to less than full time and shall be effective as of the commencement of the week of the individual's partial unemployment.

(2) Continuing claims. A continuing claim for benefits shall be filed in such manner as prescribed by the administrator and the claimant shall attest to work search efforts. A continuing claim for partial benefits shall be filed in the same manner as a claim for total unemployment, except that it shall include the statement of earnings provided for under section 31-222-9 of the Regulations of Connecticut State Agencies.

(3) Failure to file claim within time limit. Failure to file a claim for benefits, either initial or continuing, within the time limits set forth in this section and in the manner prescribed by the administrator, may be found to be for good cause if the administrator determines that a person exercising reasonable prudence in the same circumstances would have been prevented from timely filing. Reasons constituting good cause for failure to timely file a claim include, but are not limited to:

(A) failure of the employment security division to discharge its responsibilities,

(B) failure of the employer to comply with verification or other requirements relating to unemployment, including failure to issue the unemployment notice and employee information packet,

(C) coercion or intimidation which prevented the prompt filing of a claim, or

(D) good faith error, provided the individual acted with due diligence in the filing of the claim once the individual was appropriately notified of such individual's rights to benefits or once the reason which provided good cause for the individual's failure to file ceased to exist.

(4) Invalidation of initiating claim. Upon the individual's request, subject to the provisions of sections 31-241 and 31-243 of the Connecticut General Statutes, the administrator may invalidate a valid initiating claim provided the individual has first repaid in full any amount of benefits which the individual will be overpaid as a result of the invalidation unless the overpaid benefits can immediately be recouped in full from subsequent payable benefits. Overpayments resulting from an individual's request for invalidation of a valid initiating claim shall not be deemed to have occurred through error and shall not, therefore, be subject to the provisions of section 31-273(a) of the Connecticut General Statutes.

(5) The administrator may direct or authorize an individual to file in person when the administrator determines that it would be administratively more efficient considering such factors as language barriers, lack of access to a telephone, the complexity of the claim, or the individual's mental or physical disability or inability to complete a claim using the claim filing system.

(d) Return to work.

Upon returning to employment, the individual shall provide the following information to the administrator in a manner prescribed by the administrator: the date on which the individual returned to work, the name and address of the individual's new employer and whether or not the work is self-employment.

(e) Shared work claims.

Any initial or continuing claim for shared work benefits, pursuant to sections 31-250-8 to 31-250-12, inclusive, of the Regulations of Connecticut State Agencies, may be filed by an employer on behalf of its employees in such manner as directed by the administrator.

(Amended September 17, 2001; amended November 5, 2020)

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