Indiana § 22-4-12-1 - Eligibility; payment; death

§ 22-4-12-1. Eligibility; payment; death

Sec. 1. (a) Benefits designated as unemployment insurance benefits shall become payable from the fund to any claimant who is or becomes unemployed and eligible for benefits under the terms of this article.

(b) All benefits shall be paid through the department or such other agencies as the department by rule may designate at such times and in such manner as the department may prescribe.

(c) Except as provided in subsection (d), the department may make direct deposit disbursements with respect to the payment of benefits to a financial institution account designated by an individual only if the financial institution:

(1) has a physical branch location in Indiana; or

(2) is designated as an approved depository by the treasurer of state.

(d) The department may approve a financial institution that does not qualify under subsection (c)(1) or (c)(2) if the financial institution is in compliance with IC 22-4-17-7, IC 22-4-17-8, and IC 22-4-19.

(e) The department may adopt rules to provide for the payment of benefits due and payable on executed vouchers to persons since deceased; benefits so due and payable may be paid to the legal representative, dependents, or next of kin of the deceased as are found to be entitled thereto, which rules need not conform with the laws of the state governing decedent estates, and every such payment shall be deemed a valid payment to the same extent as if made to the legal representative of the deceased.

(f) If there is an executor or administrator of the estate of the decedent, payments must be made to the executor or administrator. If it is shown to the satisfaction of the department that there is no executor, and no administrator has been appointed, and in all probability no administrator will be appointed, payment may be made to the next of kin, with due regard being given to the following order of preference:

(1) The surviving spouse.

(2) Children.

(3) Parents.

(4) Brothers and sisters.

(5) Other relatives.

However, the department is not bound to follow this order of preference.

(g) Whenever there is more than one (1) legal heir in any of the classes established in subsection (f), payment may be made to any one (1) of that group as agent for the others upon submission of proper evidence of authority and identification.

(h) Application for payment of benefits must be made in writing and on the prescribed form within six (6) months after the death of the deceased, provided that the department, upon good cause, may extend the time for filing.

(i) In cases where the claimant's benefit eligibility, or disqualification, is disputed, the department shall promptly notify the claimant and the employer, or employers, directly involved with the issue or issues raised, and the determination will set forth the right to appeal of the party receiving the adverse determination. In the event of the death of the claimant between the:

(1) filing of a valid claim for benefits; and

(2) issuance of an eligibility determination by the department;

all notices filed or issued under this section shall be served upon the authorized representative of the deceased claimant, as determined under subsection (f).

(j) In the event a hearing is scheduled in an appeal involving a deceased claimant, the claimant's authorized representative of the estate shall be allowed to participate in the hearing in place of the claimant, and the appeal shall proceed as set forth under this section.

Formerly: Acts 1947, c.208, s.1201. As amended by P.L.144-1986, SEC.101; P.L.108-2006, SEC.22; P.L.113-2026, SEC.12; P.L.121-2026, SEC.31.