N.J. Admin. Code § 12:18-1.8

Current through Register Vol. 56, No. 24, December 18, 2024

Section 12:18-1.8 - Payment of Benefits

(a) The Division (for State plan and disability during unemployment) or the insurer (for private plan), shall make all temporary disability benefit checks payable to the claimant, except under the following circumstances:

1. As prescribed under N.J.S.A. 43:21-42(b), relative to the payment of benefits due a deceased claimant;

2. As prescribed under N.J.S.A. 43:21-42(c), relative to the payment of benefits due a minor; or

3. As prescribed under N.J.S.A. 43:21-42(d), relative to the payment of benefits due an individual for whom the Director has appointed a representative as disability benefit beneficiary.

(b) The Division (for State plan and disability during unemployment) or the insurer (for private plan), shall deliver all temporary disability benefit checks directly to the claimant, except under the circumstances set forth in (c) below.

(c) The Division (for State plan and disability during unemployment) or the insurer (for private plan), may deliver temporary disability benefit checks to the employer, which temporary disability benefit checks shall have been made payable to the claimant pursuant to (a) above, only when all of the following conditions have been met:

1. The employer has advanced monies to the claimant in an amount equal to or in excess of the temporary disability benefits to which the claimant is entitled under the State or private plan; and

2. The claimant has knowingly and voluntarily signed a written agreement authorizing the delivery of his or her temporary disability benefit check to the employer.

N.J. Admin. Code § 12:18-1.8

New Rule, R.2006 d.426, effective 12/4/2006.
See: 38 N.J.R. 3233(a), 38 N.J.R. 5164(a).