Code of Maine Rules
12 - Labor
12 172 - Maine Unemployment Insurance Commission
Chapter 8 - Payments for Dependents
12 DEPARTMENT OF LABOR
172 MAINE UNEMPLOYMENT INSURANCE COMMISSION
Chapter 8: PAYMENTS FOR DEPENDENTS
Summary: This chapter establishes procedures for payment of dependency allowances.
1. Supplemental Weekly Benefit for Dependents.
A. Meaning of terms. For the purposes of subsection 6 of section 1191 of the Employment Security Law, the following terms shall have the following meanings.
1. In addition to any other statutory provisions, "child" means one of the following: a natural-born child; an adopted child; or a step-child.
2. "Step-child" means a child born to or adopted by the claimant's spouse prior to their present marriage.
3. "Unemancipated child" means a child who is under the control and supervision of a parent or parents. A child who is married is no longer "unemancipated".
4. "Wholly or mainly supported" means that the claimant who is applying for the dependency allowance is furnishing more than 50% of the cost of support for the dependent child. The claimant will have the burden of establishing to the satisfaction of the deputy that the claimant is actually furnishing more than one-half of the cost of support of the child. There is no fixed dollar amount that can be used to determine the cost of supporting a child because that cost is different in different areas of the state and because not all children are supported at the same standard of living. In making the determination, the cost of food, clothing, education, medical care, and the proportionate share of fixed expenses and other related expenses for the support of the dependent child will be considered.
B. The bureau will not normally require complete documentation with every request for supplemental weekly benefits for dependents. However, supplemental weekly benefits for dependents shall not be paid for any week for which the claimant fails, following a request for such evidence, to furnish a birth certificate, certificate of enrollment, medical document or other evidence required by the bureau to determine the status of a dependent within fourteen (14) days of the request. If the claimant's failure to provide the requested evidence within fourteen (14) days of such request is due to good cause, supplemental weekly benefits for dependents will be allowed retroactively from the week in which the request for such dependency allowance was made, provided the claimant meets all other requirements for the payment of dependency allowances. If the delay in providing requested evidence is not due to good cause, the dependency allowance would be paid effective with the week in which the evidence is received in the local office but would not be allowed retroactively.
C. If both parents qualify for benefit rights for the same week, only the one parent who is providing the whole or main support for the dependent child for the week may be eligible to receive supplemental benefits for dependents for that week.
D. An individual shall not be eligible to receive a dependency allowance for a dependent child for whom such individual is receiving assistance which provides the whole or main support of such dependent child. For purposes of this rule, assistance has been interpreted to mean "public assistance"; that is, assistance which is derived from taxpayers. This may include state, county, city or town assistance which is allocated for the support of a dependent, such as Aid for Dependent Children (AFDC). Direct payments for rent, fuel assistance, etc., are not assistance for a dependent, but however, may be taken into account when a claimant's total income must be used to determine the main support of the household.,
E. Nonmonetary determinations - dependency allowances.
1. An initial determination of eligibility for supplemental weekly benefits for dependents will be made as soon as possible after the request for such benefits is filed. If the deputy determines that such benefits are to be denied, a written determination will be rendered.
2. If, after the claimant has been found eligible for supplemental weekly benefits for dependents, he ceases to be eligible for such benefit, the deputy will issue a determination denying such benefit.
3. Payment of regular or additional benefits will not be delayed due to any delay in the processing of the application for supplemental weekly benefits for dependents.
STATUTORY AUTHORITY: 26 M.R.S.A. Sec. 1191 (6)
January 3, 1976 (Filed with Sec. of State 10-6-78)
August 10, 1981 - Sec. - I (A)
March 27, 1987 Sec. I (A)(4)
May 30, 2000