R994-403-102a. Cancellation of Claim  


Latest version.
  • (1) Once a weekly claim has been filed and the claimant has been deemed monetarily eligible, the claim is considered to have been established, even if no payment has been made or waiting week credit granted. The claim then remains established for 52 weeks during which time another regular claim may not be filed against the state of Utah unless the claim is canceled.

    (2) A claim may be canceled if the claimant requests that the claim be canceled and one of the following circumstances can be shown:

    (a) no weekly claims have been filed;

    (b) cancellation is requested prior to the issuance of the monetary determination;

    (c) the request is made within the same time period permitted for an appeal of the monetary determination and the claimant returns any benefits that have been paid;

    (d) the claimant had earnings, severance, or vacation payments equal to or greater than the WBA applicable to all weeks for which claims were filed;

    (e) the claimant meets the eligibility requirements for filing a new claim following a disqualification due to a strike in accordance with the requalifying provisions of Subsection 35A-4-405(4)(c);

    (f) the claimant meets the requirements for cancellation established under the provisions for combined wage claims in R994-106-107; or

    (g) the claimant has filed an unemployment compensation for ex-military (UCX) claim, and it is determined the claimant does not have wage credits under Title 5, chapter 85, U.S. Code.

    (3) If a claimant is disqualified from the receipt of unemployment benefits because he or she was discharged for a crime in connection with work under R994-405-210, whether the claimant was deemed monetarily eligible or not, the claim will be established for 52 weeks and cannot be canceled even if the requirements of subsection (2) have been satisfied.