Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 3 - CLAIMS FOR BENEFITS; DETERMINATIONS; APPEALS › Section 12-5-81 - Filing of claims

Current through June,
				2024
(a) A new claim may
				be filed by any individual who has become totally, part-totally, or partially
				unemployed. The new claim shall be filed in person, by mail, by telephone, or
				by using other alternative claims filing procedures as instructed or authorized
				by the department and in the manner prescribed by the department.
(b) The effective date of a claim for
				benefits shall be the first day of the week in which the claim is filed, except
				as otherwise provided in this section. The department may apply an earlier
				effective date if it can be shown to the satisfaction of the department that
				the individual's delay in filing is excusable for good cause, including but not
				limited to a reasonable misunderstanding by the individual, misinformation from
				the department, unavailability of acceptable methods of claims filing provided
				by the department, or for transitional claims which are effective the day after
				the prior benefit year ends.
(c)
				For partially unemployed individuals, a new claim may be taken within
				twenty-eight days from the week ending date of the first week of partial
				unemployment for which the claim is filed, provided, an individual shall not be
				required to file a claim earlier than two weeks from the date wages are paid
				for the claim period.
(d) The
				individual shall present, upon request, identification issued by a governmental
				agency which displays a photograph of the individual's face, the individual's
				signature, and the individual's social security account number, unless this
				requirement is waived by the department. If this identification is not
				available to the individual, the individual shall secure identification or
				submit to such reasonable identification procedures as the department may
				require, such as a notarized document attesting to the identity of the
				individual. If an individual fails or refuses to provide identification
				required in this subsection, the department may refuse to take action upon the
				individual's application, and unless proper identification is provided within
				two weeks, a determination to deny from the effective date of the initial claim
				shall be issued.
(e) Continued
				claim certifications for total or part-total unemployment benefits shall be
				filed as follows:
(1) An individual may file
				a continued claim certification for the purpose of satisfying the waiting
				period requirement, or claiming benefits for a compensable week by certifying
				that:
(A) The individual was unemployed
				during the week for which the claim is filed;
(B) The individual has earned no wages except
				as stated;
(C) The individual was
				able to work and available for work;
(D) The individual has not refused a job
				referral or offer of work; and
(E)
				The individual shall provide such other relevant information as the department
				may require.