28 Tex. Admin. Code § 132.2 - Determination of Facts of Dependent Status
(a)
This section applies to a person who claims death benefits as a dependent of
the deceased employee.
(b) A
benefit which flowed from a deceased employee, at the time of death, on an
established basis in at least monthly intervals to the person claiming to be
dependent, is presumed to be a regular or recurring economic benefit. This
presumption may be overcome by credible evidence. The burden is on the claimant
to prove that benefits, which flowed less frequently than once a month, were
regular or recurring at the time of the employee's death.
(c) It shall be presumed that an economic
benefit, whose value was equal to or greater than 20% of the person's net
resources in the period (see subsection (d) of this section) for which the
benefit was paid, is an economic benefit which contributed substantially to the
person's welfare and livelihood. This presumption may be overcome by credible
evidence. The burden is on the claimant to prove that benefits whose value was
less than 20% of the person's net resources contributed significantly to the
person's welfare and livelihood.
(d) Net resources for the purpose of
subsection (b) of this section are 100% of all wage and salary income and all
other income including nonpecuniary income and all income of the individual's
spouse, less 100% of social security taxes and federal income tax
withholding.
(e) The person
claiming to be a dependent shall furnish sufficient information to enable the
commission to accurately identify the net resources and to establish the
existence of the economic benefit claimed. This information may include, but is
not limited to, tax returns, a financial statement of the individual, and check
stubs.
(f) If an economic benefit
was provided in the form of goods and services, the value shall be the market
value of the same or similar goods and services in the same vicinity.
Notes
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