Ill. Admin. Code tit. 95 § 105.140

Current through Register Vol. 48, No. 45, November 8, 2024

Section 105.140 - Proof of Death

The beneficiary making application for payment of compensation shall furnish the following proof:

a) Husband or Wife making application must prove:

1) Death of person rendering service (Photostatic or certified copy of official notification of death should be attached).

2) Marriage of the parties, and that such marriage existed at the time of death of person through whom claim is made.

b) Child or Children (including all legitimate Children and legally adopted Children) making application must prove:

1) Death of person rendering service. (See (a)(1) of this Section)

2) Marriage of deceased and other parent of Child or Children.

3) That surviving spouse is dead, or was divorced. (Certified copy of death certificate or divorce decree shall be attached.)

c) Mother, Father making application must prove:

1) Death of person rendering service. (See (a)(1) of this Section)

2) That such person was unmarried, or if married that spouse of such person is dead or was divorced. (See (b)(3) of this Section)

3) That if such person is married there were no children, or if there were children, all are dead. (Photostatic copy of death certificate must be attached.)

4) If Father is the applicant, that Mother is dead. (Photostatic copy of death certificate must be attached.)

5) That the deceased, upon whose service claim is made, was the son or daughter of the claimant. (Photostatic copy of birth certificate.)

d) Person Standing In Loco Parentis (limited to a person who stood in the position of a parent and shall not be a corporation or a trust) must prove:

That he or she stood in relation of parent toward person rendering service and comply with (1) through (5) Mother, Father of this Section.

e) Brothers or Sisters (in addition to its ordinary meaning shall include Brothers and Sisters of the "whole" blood as well as the "half" blood, having a common parent with the deceased veteran.) must prove:

1) See (a)(1), of this Section, Husband or Wife.

2) See (c), same as (1) through (5), of this Section, Mother, Father.

3) That both the Mother and Father of the person rendering service are dead, and that no one stood in relation of parent to the person through whom the claim is made. (Photostatic copies of death certificates will suffice to prove death; affidavits of responsible persons having knowledge of the facts should be sufficient to show that no one stood in loco parentis toward the deceased veteran.)

4) That relationship of brother or sister existed between the applicant or applicants and person rendering service. (Affidavits of responsible persons shall accompany the application.)

Ill. Admin. Code tit. 95, § 105.140