Subchapter D. PARTIAL UNEMPLOYMENT AND DECEASED OR INCOMPETENT CLAIMANTS

§ 65.71. Compensation for partial unemployment.

 (a)  In determining the amount of compensation to which an eligible claimant is entitled for a week of partial unemployment which has caused the claimant a loss of earnings, due either to lack of work or unavailability for work, the Bureau shall estimate the amount of earnings which the claimant would have earned had he been actually employed during that week.

 (b)  Compensation for the week shall be made in an amount equal to the weekly benefit rate of the claimant, less the sum of the estimated amount of his earnings and his actual earnings for the week, to the extent that the payments are in excess of partial benefit credit of the claimant.

 (c)  In estimating the amount of earnings which a claimant would have received for the hours during which he was unavailable for work the Bureau shall prorate his actual hourly earnings for the week, unless some other method of estimation would be fairer and more reasonable.

 (a)  Payment of unemployment compensation benefits due a deceased claimant may be made without letters of administration on the estate of the decedent, in the following order:

   (1)  The surviving spouse.

   (2)  The surviving child or children.

   (3)  The surviving parents.

   (4)  The eldest surviving brother or sister.

   (5)  A person who is not a relative, having an interest in the estate.

 (b)  Payments of unemployment compensation benefits due a claimant who has been declared incompetent shall be made to his legal guardian.

 (c)  Application for payment of benefits under the provisions of this section shall be made on a form and in a manner which shall be prescribed by the Department.

   The provisions of this §  65.85 adopted July 1, 1969; reserved August 23, 1974, effective August 24, 1974, 4 Pa.B. 1779. Immediately preceding text appears at serial page (9322).