Title:56 Part:2830

PART 2830 PAYMENT OF BENEFITS : Sections Listing

TITLE 56: LABOR AND EMPLOYMENT
CHAPTER IV: DEPARTMENT OF EMPLOYMENT SECURITY
SUBCHAPTER e: RIGHTS AND DUTIES OF EMPLOYEES
PART 2830 PAYMENT OF BENEFITS

SUBPART A: GENERAL PROVISIONS

Section 2830.10 Mailing Address for Benefit Checks and Debit Cards
Section 2830.50 Calculating The "National Average Of This Ratio" Under Section 401 Of The Act (Repealed)

SUBPART B: PAYMENT TO DECEASED CLAIMANTS

Section 2830.200 Payment of Benefits Due a Deceased or Comatose Claimant
Section 2830.205 Order Of Payment To Survivors Of A Deceased Claimant (Repealed)
Section 2830.206 Order of Payment on Behalf of a Comatose Claimant (Repealed)
Section 2830.210 Payment to a Minor Survivor of a Deceased Claimant or to a Minor When the Claimant is Comatose (Repealed)
Section 2830.215 Time and Manner for Claiming Benefits Due a Deceased or a Comatose Claimant (Repealed)
Section 2830.220 Right of Appeal (Repealed)

SUBPART C: REISSUANCE OF BENEFIT CHECKS, MISDIRECTED PAYMENTS OR LOST OR STOLEN DEBIT CARDS

Section 2830.300 Requests for Reissuance of Checks Or Replacement of Electronic Payments
Section 2830.303 Lost Or Stolen Debit Cards
Section 2830.305 Where Original Benefit Check Has Been Processed By The Payor Financial Institution
Section 2830.310 Check, Debit Card Or Direct Deposit Authorization Investigation
Section 2830.315 Notice of Interview
Section 2830.320 Continuances
Section 2830.325 Check, Debit Card Or Direct Deposit Authorization Interview
Section 2830.330 The Record
Section 2830.335 Decision
Section 2830.340 Appeals

AUTHORITY: Implementing and authorized by Sections 400, 401, 404, 1700 and 1701 of the Unemployment Insurance Act [820 ILCS 405/400, 401, 404, 1700 and 1701].

SOURCE: Illinois Department of Labor, Bureau of Employment Security, Regulation 26, filed as amended May 2, 1952, effective May 12, 1952; rule repealed by operation of law, October 1, 1984; new rules adopted at 9 Ill. Reg. 10005, effective June 15, 1985; amended at 14 Ill. Reg. 9101, effective May 23, 1990; amended at 15 Ill. Reg. 16960, effective November 12, 1991; amended at 32 Ill. Reg. 13183, effective July 24, 2008; expedited correction at 32 Ill. Reg. 19178, effective July 24, 2008; amended at 32 Ill. Reg. 18972, effective December 1, 2008; amended at 43 Ill. Reg. 1610, effective January 15, 2019; emergency amendment at 46 Ill. Reg. 1162, effective December 27, 2021, for a maximum of 150 days; amended at 46 Ill. Reg. 5671, effective March 24, 2022.

SUBPART A: GENERAL PROVISIONS

Section 2830.10 Mailing Address for Benefit Checks and Debit Cards

a) The Department uses a third-party vendor to issue, mail and manage all benefit checks and debit cards. Benefit checks and debit cards will be mailed to the address provided by the claimant in accordance with 56 Ill. Adm. Code 2720.35. The vendor will only mail a benefit check or debit card to the address given to the vendor by the Department. It is the claimant's responsibility to ensure the Department has the claimant's correct address.

b) Neither benefit checks nor debit cards will be mailed to a Post Office box unless the claimant provides the local office with a home address and an explanation of why the claimant wants the benefit check or debit card sent to a Post Office box.

c) Neither benefit checks nor debit cards will be mailed to an address outside of the United States or Canada unless the claimant provides a reason that indicates only a temporary absence from this country or Canada.

(Source: Amended at 46 Ill. Reg. 5671, effective March 24, 2022)

Section 2830.50 Calculating The "National Average Of This Ratio" Under Section 401 Of The Act (Repealed)

(Source: Repealed at 43 Ill. Reg. 1610, effective January 15, 2019)

SUBPART B: PAYMENT TO DECEASED CLAIMANTS

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)

Section 2830.205 Order Of Payment To Survivors Of A Deceased Claimant (Repealed)

(Source: Repealed at 43 Ill. Reg. 1610, effective January 15, 2019)

Section 2830.206 Order of Payment on Behalf of a Comatose Claimant (Repealed)

(Source: Repealed at 43 Ill. Reg. 1610, effective January 15, 2019)

Section 2830.210 Payment to a Minor Survivor of a Deceased Claimant or to a Minor When the Claimant is Comatose (Repealed)

(Source: Repealed at 43 Ill. Reg. 1610, effective January 15, 2019)

Section 2830.215 Time and Manner for Claiming Benefits Due a Deceased or a Comatose Claimant (Repealed)

(Source: Repealed at 43 Ill. Reg. 1610, effective January 15, 2019)

Section 2830.220 Right of Appeal (Repealed)

(Source: Repealed at 43 Ill. Reg. 1610, effective January 15, 2019)

SUBPART C: REISSUANCE OF BENEFIT CHECKS, MISDIRECTED PAYMENTS OR LOST OR STOLEN DEBIT CARDS

Section 2830.300 Requests for Reissuance of Checks Or Replacement of Electronic Payments

a) With respect to benefit payments made by paper check:

1) If the claimant is filing an intrastate claim (see 56 Ill. Adm. Code 2714 for interstate claims) and is seeking the reissuance of a benefit payment check, the claimant shall contact the Department by calling Claimant Services, obtain a required form provided by the Department, provide the Department with Department-requested documents that prove the claimant’s identity, and, on the required Department form, request reissuance of the check. The documents required to prove the claimant's identity are a copy of both sides of the claimant's current and valid driver's license or State identification card and a copy of both sides of the claimant's valid Social Security card. The telephone number for Claimant Services is 800-244-5631 and is available on the Department’s website (ides.illinois.gov).

A) If the original check has been returned to the Department by either the claimant or the Post Office, the Department will promptly cause a replacement check to be issued to the claimant.

B) If the original check has not been processed by the payor financial institution and has not been returned, the Department will cause payment to not be issued on the check. After confirmation that the stop on the payment of the check has been processed, the Department will promptly cause a replacement check to be issued to the claimant.

C) If the original check has already been processed by the payor financial institution and has not been returned, the claimant will be sent instructions as outlined in Section 2830.305.

2) Requests by a second endorser for replacement of a benefit check that has not already been processed by the payor financial institution shall be made in writing to Accounting Services Division, Trust Fund Subdivision, 33 S. State St., Chicago, IL 60603.

A) If the original benefit check was lost, mutilated or stale-dated after receipt by the second endorser, and if proof of that action is provided to the Department, disbursement of the funds to cover the check will be made to the second endorser.

B) If the original benefit check was subject to a stop payment order initiated by the claimant pursuant to subsection (a)(1)(B), the matter will be sent to the Benefit Payment Control Division for an investigation pursuant to Section 2830.310.

b) With respect to benefit payments made by way of debit card or direct deposit:

1) Any issue concerning a benefit payment that, in the case of a debit card, was deposited into an account assigned to the claimant or, in the case of direct deposit, was deposited into an account designated by the claimant, must be resolved between the claimant and the financial institution at which the payment was deposited according to the terms and conditions of the cardholder or account agreement.

2) When the claimant alleges that a debit card was mailed to an address that the claimant did not authorize, that a benefit payment was not deposited into an account that the claimant authorized, or that a benefit payment was not credited to the debit card assigned to the claimant, the claimant may file a request for review of the payment at a local office, on a form provided by the Department, or by calling Claimant Services (see 56 Ill. Adm. Code 2714 for interstate claims). The telephone number for Claimant Services is 800-244-5631 and is available on the Department’s website (ides.illinois.gov). If a claimant's telephone inquiry cannot be resolved over the phone, the Department will provide the claimant with any forms needed to proceed. All requests for review of payment shall be submitted to the Department's Accounting Services Subdivision to determine if the issue can be resolved by the Department or if the claimant should be referred to the financial institution in which the payment was deposited. If the request is made in person at the local office, the forms needed to request review by the Department's Accounting Services Subdivision will be forwarded by local office staff. Forms submitted by the claimant directly must be mailed to the Department's address provided on the form. When identity theft has been alleged, the Department's Accounting Services Subdivision will refer the matter to the Department's Benefit Payment Control Subdivision for an investigation as provided in Section 2830.310.

(Source: Amended at 46 Ill. Reg. 5671, effective March 24, 2022)

Section 2830.303 Lost Or Stolen Debit Cards

A claimant must report a lost or stolen debit card immediately to the financial institution that issued the card by calling the telephone number provided on the cardholder agreement provided by the financial institution. The telephone number will also be available on the Department's website. A replacement card will be issued in accordance with the terms and conditions of the cardholder agreement.

(Source: Added at 32 Ill. Reg. 13183, effective July 24, 2008)

Section 2830.305 Where Original Benefit Check Has Been Processed By The Payor Financial Institution

a) When a claimant makes a request for reissuance of a payment pursuant to Section 2830.300 and the Department determines that the check has already been processed by the payor financial institution, the Department will send the claimant a copy of the check and an Affidavit of Non-Endorsement. If the claimant believes that neither the claimant nor the claimant's authorized agent endorsed the check, then within 30 days after the mailing of the copy of the check the claimant must file the completed Affidavit of Non-Endorsement with the Department. Instructions for making the filing appear on the document.

b) When a request for reissuance of a benefit check is made by a second endorser and the original benefit check has been processed by the payor financial institution, the request must be made within 90 days after the date that the check was paid by the payor financial institution.

(Source: Section 2830.305 repealed at 43 Ill. Reg. 1610, effective January 15, 2019; New Section added at 46 Ill. Reg. 5671, effective March 24, 2022)

Section 2830.310 Check, Debit Card Or Direct Deposit Authorization Investigation

a) When an investigation is to be conducted because the claimant claims nonreceipt of a benefits check or the proceeds of a payment, the claimant must file a completed Affidavit of Non-Endorsement, in the case of a paper check, or a Payment Tracer and Affidavit of Non-Receipt of UI Benefits Form, in the case of an electronic payment, in accordance with the filing instructions stated on the appropriate form. Each of these forms will be provided by the Department, and the claimant may request these forms 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). When submitting the appropriate completed Affidavit, the claimant must also submit proof of identification by including photocopies of requested documents. The documents required to prove the claimant's identity are a copy of both sides of the claimant's current and valid driver's license or State identification card and a copy of both sides of the claimant's valid Social Security card. When an Affidavit has been filed at a local office, all materials relevant to the investigation shall be forwarded to the Department's Benefit Payment Control Subdivision.

b) The Department's Benefit Payment Control Subdivision will conduct an investigation, including an interview of the claimant as provided in Section 2830.325, and will issue a decision either allowing or denying the request for reissuance of payment as provided in Section 2830.335.

c) Prior to the interview required by Section 2830.325, the Department employee who conducted the initial investigation shall record the results of the following in chronological order:

1) Any contact with the second endorser or payor financial institution. Any relevant information or evidence, such as check cashing registration cards or direct deposit information, should be noted and included in the file;

2) Contact with additional witnesses as might be deemed necessary by the Department employee who conducted the investigation; and

3) Any contact with the claimant, including any background information that might have been discovered.

(Source: Amended at 46 Ill. Reg. 5671, effective March 24, 2022)

Section 2830.315 Notice of Interview

a) Written notice of the date, time and place of the interview will be mailed to the claimant, at the address shown on the Affidavit of Non-Endorsement or on the Payment Tracer and Affidavit of Non-Receipt of UI Benefits Form submitted by the claimant, at least 10 days prior to the date of the interview.

b) The notice of interview will identify the facts and issues to be covered by the interview.

(Source: Amended at 46 Ill. Reg. 5671, effective March 24, 2022)

Section 2830.320 Continuances

The Department employee to whom the matter is assigned shall grant continuances only for good cause shown. When a continuance is granted, the interview shall be rescheduled for the earliest possible time convenient to all parties. All parties shall be informed of the date, time and place of the rescheduled interview either orally or in writing.

(Source: Amended at 43 Ill. Reg. 1610, effective January 15, 2019)

Section 2830.325 Check, Debit Card Or Direct Deposit Authorization Interview

a) The Department employee assigned to the matter shall conduct an interview of the claimant that is limited to the issues set forth in the notice of interview.

b) All testimony at the interview shall be made under oath or affirmation.

c) At the interview, the Department employee assigned to the matter shall:

1) Inform the parties of the purpose of the interview and of their rights under the Act and the rules promulgated thereunder;

2) Present to the claimant all relevant material obtained during the investigation;

3) If the second endorser is present, take any testimony offered by the second endorser on the cashing of the benefit check;

4) Provide the claimant with an opportunity to explain any reasons or to present any evidence that would show that the signature on the benefit check, change of address or direct deposit authorization form is not the claimant's (or otherwise that one of these forms is not authentic if it was submitted via the internet), and then allow the claimant to cross-examine any witnesses at the hearing or rebut any other evidence presented; and

5) Issue a decision on the available facts, even if the claimant does not appear at the interview (there shall be no defaults for want of prosecution, though the claimant may withdraw the request for reissuance).

(Source: Amended at 46 Ill. Reg. 5671, effective March 24, 2022)

Section 2830.330 The Record

A complete record shall be maintained of the interview by the Department employee assigned to the matter. The record will consist of a written summary of the testimony of the parties and their witnesses and copies of all documents, reports, briefs, motions and findings in the matter.

(Source: Amended at 43 Ill. Reg. 1610, effective January 15, 2019)

Section 2830.335 Decision

a) A decision shall be made in writing, shall separately state findings of fact and conclusions of law, and shall be mailed to the parties.

b) A decision to allow or deny a claim for reissuance of payment under this Subpart shall be based on the testimony and evidence in the record and not solely on an analysis of the claimant's handwriting. The formal rules of evidence shall not, however, apply in these matters.

c) No decision shall be based solely on unobjected to hearsay testimony when the claimant has testified to the contrary under oath unless the Department employee assigned to the matter finds that the claimant's testimony is incredible, inconsistent or inherently improbable.

d) No decision shall be based on evidence that the claimant has not had an opportunity to review and rebut. The claimant shall be deemed to have waived his or her right to review and rebut when he or she fails to appear at the scheduled hearing.

(Source: Amended at 43 Ill. Reg. 1610, effective January 15, 2019)

Section 2830.340 Appeals

The decision described in Section 2830.335 shall constitute a final administrative decision, subject to review under the Administrative Review Law [735 ILCS 5/Art. III].

(Source: Amended at 43 Ill. Reg. 1610, effective January 15, 2019)