Iowa Admin. Code r. 871-25.14 - 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; or
b. 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; or
c. 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 ; or
d. 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).
Notes
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