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24.11.443    WEEKLY PAYMENT REQUESTS

(1) After establishing a valid claim for benefits, a claimant must file timely weekly payment requests using the department's Internet claim system application, unless the department determines that a claimant is unable to use the Internet filing method. In those instances, the department shall allow the claimant to file weekly payment requests by mail, e-mail, or facsimile using paper forms provided by the department. Claimants may elect to file payment requests each week or to file two payment requests every two weeks.

(2) A claimant must file weekly payment requests only after the week has passed for which the claimant seeks benefits or waiting week credit. The time frame for filing weekly payment requests begins on the Sunday following the last week for which payment or waiting week credit is requested and runs through the following seven calendar days.

(3) A claimant must answer fully each question on the weekly payment request form and certify that the claimant's responses are true and accurate to the best of the claimant's knowledge.

(4) When filing weekly payment requests using the Internet claim system, a claimant must enter the claimant's social security number, birth date, and personal identification number to access the system. The claimant's personal identification number is established by the claimant and unknown to the department. Claimants are required to keep their personal identification numbers confidential. A claimant's personal identification number is considered by the department to be the equivalent of the claimant's signature for the purpose of certifying that the claimant's responses to the questions are true and accurate to the best of the claimant's knowledge.

(5) A claimant must report all hours of insured work and gross wages for insured work for each week claimed. The wages must be reported for the week in which they were earned rather than for the week in which they were paid, except for the following:

(a) Payments made for termination of employment in insured work must be reported for the week in which the separation from insured work occurred. Termination payments are generally known as severance pay, separation pay, termination pay, wages in lieu of notice, continuation of wages for a designated period of time following cessation of work, or other similar payment, and payments made under an incentive, worker buy-out, or similar plan designed to produce a general or specific reduction in force by inducing workers to leave voluntarily or in lieu of involuntary termination, whether paid in a lump sum or incrementally over any period of time.

(b) Payments for bonuses, awards, incentives, rewards, profit sharing, whether in cash or in the form of securities, must be reported for the week in which the payment was received.

(c) Holiday pay and the hours paid must be reported as wages and hours worked for the week in which the holiday occurred.

(d) Payments for accrued vacation, sick leave, or other leave paid at or after termination from work must be reported for the week in which the termination occurred.

(e) Payments for accrued unused vacation, sick leave, or other leave when a termination from work has not occurred must be reported by the claimant for the week in which the payment was received. These payments are sometimes known as a "cash-out" of accrued leave.

(f) Payments for the use of vacation, sick leave, or other leave paid during the course of employment in insured work, including periods of temporary layoff, for time off from work, whether voluntary or mandated, must be reported for the week during which the time off from work occurred.

(g) Royalties, residual payments, and commissions must be reported as earnings for the week in which the payment was received. The hours must be reported for the week in which the work was performed.

(6) A claimant must file timely weekly payment requests during the pendency of a monetary determination, a non-monetary determination, or an appeal, in order to request benefits or waiting period credit for that week or weeks.

(7) A claimant must complete work search contacts seeking insured work during each week for which claimant requests payment of benefits or waiting week credit, unless the claimant is exempt from this requirement pursuant to ARM 24.11.453A

(8) The department may allow the untimely filing of a weekly payment request only when the department determines the claimant had good cause for failing to file within the time allowed. If the department determines that no good cause justifies the delay in filing, benefits or waiting week credit must be denied and the claimant may be required to reactivate the claim as provided in ARM 24.11.445.

History: 39-51-301, 39-51-302, MCA; IMP, 39-51-201, Title 39, Ch. 51, parts 21 through 23, MCA; NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 1998 MAR p. 2862, Eff. 11/1/98; AMD, 2000 MAR p. 3523, Eff. 12/31/00; AMD, 2001 MAR p. 1334, Eff. 7/20/01; AMD, 2006 MAR p. 916, Eff. 4/7/06; AMD, 2014 MAR p. 593, Eff. 3/28/14.

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