New Hampshire Code of Administrative Rules
Emp - Commissioner, Department of Employment Security
Chapter Emp 500 - CLAIMANT REQUIREMENTS
Part Emp 502 - UNEMPLOYMENT COMPENSATION PAYMENTS
Section Emp 502.02 - Benefits Due Deceased Claimants

Universal Citation: NH Admin Rules Emp 502.02

Current through Register No. 40, October 3, 2024

(a) Upon the death of any claimant for benefits, and in the event it is determined by the commissioner that benefits have accrued and are due and payable to such claimant and remain wholly or partially unpaid at the time of such claimant's death, or in the event there has been issued and unpaid one or more benefit checks, such checks for such benefits shall, upon application therefor, be paid to the duly qualified administrator or executor of the estate of the deceased claimant.

(b) In the event that because of insufficient assets to justify the expense of formal administration no administrator or executor is appointed to administer the estate of the deceased such benefits shall be paid in the following order:

(1) If such deceased shall be survived by a spouse the amount of the benefits shall be paid to such spouse;

(2) If no spouse survives such deceased, and the deceased is survived by an unemancipated minor child or children, then the amount of such benefit or benefits shall be paid:
a. To the guardian or guardians of such minor child or children for the benefit of such child or children;

b. To any person or institution who or which the commissioner finds shall have the obligation of providing support and maintenance for such minor child or children; or

c. To any person who the commissioner finds has furnished necessaries to such child or children of the value equaling or exceeding the amount of such benefit or benefits;

(3) If such deceased is not survived by a spouse or unemancipated minor child then the amount of any benefit or benefits due such deceased shall be paid to the deceased claimant's heir or heirs-at-law as prescribed by and in the order delineated in RSA 561, as amended; and

(4) If such deceased is not survived by a spouse or unemancipated minor child, or any heir or heirs-at-law such as described in (3) above, then the amount of any benefit or benefits due such deceased shall be paid to any governmental agency which the commissioner finds shall have borne the burial expense of such deceased claimant.

(c) Payment referenced in (b)(4) above shall be the lesser of:

(1) The amount of the accrued benefits; or

(2) The burial expense borne by such governmental agency.

(d) Applications for payment of such benefit or benefits shall, in all cases, be made in writing within 3 months after the death of the deceased, provided that the commissioner, upon a showing that failure to file timely was due to accident, mistake or misfortune and not through neglect shall extend the time for filing such application.

(e) The claim for benefits, if made by an individual other than executor or administrator, shall be supported by an affidavit by such individual making such claim, setting forth his relationship to the deceased in the order listed above, and shall be further supported by an official certificate of the death of the deceased. In the event that the claim for benefits is made by governmental agency, such claim shall be supported by an affidavit of a duly appointed representative of such agency, stating further the amount which such agency has paid for the burial of such claimant and for which it is not to be reimbursed from any other source, together with the required official certificate of death.

(f) All benefit checks issued directly to the deceased shall be returned to the commissioner for cancellation, or where such checks cannot be obtained by the person requesting payment of benefits due the deceased, such failure shall be explained before any funds shall be paid in lieu thereof.

(g) Payment in accordance with this rule shall be deemed payment within the meaning of RSA 282-A:24, and shall fully discharge the commissioner of his obligation in respect to such benefit or benefits. In the event no claim is made for benefits due a deceased claimant within the time limit specified above or any extension thereof, the benefit or benefits in question shall be considered to remain and be a part of the fund.

#2234, eff 1-1-83; ss by #2930, eff 12-21-84, EXPIRED: 12-21-90

New. #5151, eff 5-6-91; ss by #6504, INTERIM, eff 5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05

New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06

New. #8625, eff 5-6-06; ss by #10673, eff 9-22-14

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