TITLE 56: LABOR AND EMPLOYMENT
CHAPTER IV: DEPARTMENT OF EMPLOYMENT SECURITY SUBCHAPTER e: RIGHTS AND DUTIES OF EMPLOYEES PART 2830 PAYMENT OF BENEFITS SECTION 2830.200 PAYMENT OF BENEFITS DUE A DECEASED OR COMATOSE CLAIMANT
Section 2830.200 Payment of Benefits Due a Deceased or Comatose Claimant
a) When the Department becomes aware that a claimant has died or become comatose before receiving benefits to which the claimant is entitled, the Department will make payment to the account designated by the individual for direct deposit or the debit card assigned to the claimant by the Department. If the Department is unable to make payment to the deceased or comatose claimant's direct deposit account, the Department will make payment by debit card, or, if at the time of such payment, the payment cannot be made by way of debit card then the benefits will be paid by way of a paper check that will be made payable to the order of “The Estate or Heirs of” the claimant. However, any benefit checks previously issued to the individual that have not been presented for payment must be returned to the Director, or an affidavit must be submitted stating that the benefit checks were lost, stolen, or destroyed. In the event of a benefit payment to a deceased or comatose claimant, under no circumstances will a check be made payable to the order of more than one payee nor to a named individual.
b) In the case of a claimant who became and remains comatose or who died prior to certifying for benefits, a completed certification form must be submitted by an individual with first-hand knowledge of the matters asserted in the certification, together with an affidavit attesting that the individual has first-hand knowledge and that the matters asserted are true to the best of that individual's knowledge. The completed certification form must be submitted within nine months after the date of death or entry into the comatose state. Unless the certification form is received within nine months after the date of death or entry into the comatose state, any benefits due the deceased or comatose claimant shall revert to and be returned to the State's unemployment trust fund. The certification form shall be submitted to a local unemployment office either in person or by certified mail, shall be supported by an affidavit setting forth the relationship to the deceased or comatose claimant, and shall be accompanied by a certified copy of the death certificate for the deceased claimant or, in the case of a comatose claimant, the statement of a licensed and practicing physician indicating the date as of which the claimant became comatose. The forms required to certify for a deceased or comatose claimant are available at local unemployment offices or by calling Claimant Services. The telephone number for Claimant Services is 800-244-5631 and is available on the Department's website (ides.illinois.gov). Under no circumstances shall the claimant's eligibility extend beyond the date that the claimant died. Under no circumstances shall a claimant be eligible for benefits for the period during which the claimant was in a comatose state.
(Source: Amended at 46 Ill. Reg. 5671, effective March 24, 2022) |