24.11.443    WEEKLY PAYMENT REQUESTS

(1) After establishing a valid claim for benefits, a claimant must file timely weekly payment requests using the UI4U web portal, unless the claimant is unable to file online. 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. A claimant may elect to file payment requests each week or to file two payment requests every other week.

(2) Weekly payment requests are timely if filed after the week claimed, and before midnight of the Saturday seven calendar days later.

(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 UI4U web portal, a claimant must enter the claimant's social security number, birth date, and personal identification number to access the system. The personal identification number must be established by the claimant at the time of filing. The claimant must maintain the confidentiality of the claimant's personal identity number in order to protect the integrity of the claim. The department considers a claimant's personal identification number to be the equivalent of the claimant's signature for the purpose of certifying that the claimant's responses to department questions are true and accurate to the best of the claimant's knowledge.

(5) A claimant must report all hours worked or for which the claimant was paid and gross wages earned for each week for which payment is requested.

(a) Hours worked must be reported for the week that the claimant performed work for an employer or time was credited in lieu of work performed by the claimant, such as holiday pay, or use of vacation, sick, or other paid leave, regardless of whether that use was voluntary or mandatory.

(b) Gross wages earned must be reported for the week in which the claimant worked or was credited for working in lieu of work (including holiday pay, or use of vacation, sick, or other paid leave, regardless of whether that use was voluntary or mandatory. Other types of payments from an employer must be reported as follows:

(i) Termination pay must be reported as wages for the week in which termination occurred.

(ii) A bonus, award, incentive, reward, or profit sharing, whether in cash or in the form of securities, must be reported as wages for the week in which the payment was issued.

(iii) Accrued unused vacation, sick leave, or other leave without a termination from work, commonly referred to as a "cash-out" of accrued leave, must be reported as wages for the week in which the payment was issued.

(iv) When a claimant receives a royalty or residual payment, or payment for a commission, the payment must be reported as earnings for the week in which the payment was issued.

(c) The date payment was issued shall be established by the date printed on a physical check, the date of release of electronic funds transfer, or the date cash was tendered. The department may allow up to 14 calendar days for reporting discrepancies.

(6) A claimant must file timely weekly payment requests during the pendency of a monetary determination, a non-monetary determination, or an appeal to receive benefits or waiting period credit for the intervening 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; AMD, 2016 MAR p. 2058, Eff. 11/11/16.