IDAPA 09.01.30
These rules apply to individuals filing for unemployment insurance benefits and employers with workers filing for unemployment insurance benefits.
These rules are the provisions for unemployment insurance benefits, including the requirements for applying for benefits, initial and continued eligibility, and benefit fraud and overpayment information. Also, in this Chapter are the requirements for employers on supplying information to the Department when an individual files a claim for unemployment insurance benefits
This rule implements the following statutes passed by the Idaho Legislature:
Worker’s Compensation and Related Laws — Industrial Commission -
Idaho Department of Labor
317 W. Main Street
Boise, ID 83735
Phone: (208) 696-2380
Fax: (208) 334-6430
Email: rules@labor.idaho.gov
Web: labor.idaho.gov
This rule chapter will be reviewed in compliance with Section 67-5292, Idaho Code, and in accordance with the 8-year rule review schedule linked here.
09.01.30 – Unemployment Insurance Benefits Administration Rules
000. Legal Authority. ... 3
001. Scope. ... 3
002. Administrative Appeals. ... 3
003. -- 009. (Reserved) ... 3
010. Definitions. ... 3
011. -- 124. (Reserved) ... 3
125. Alien Eligibility. ... 3
126. -- 199. (Reserved) ... 4
200. Canceling Claims. ... 4
201. -- 224. (Reserved) ... 4
225. Deceased Claimants. ... 4
226. -- 249. (Reserved) ... 4
250. Determinations/Appellate Processes. ... 4
251. -- 374. (Reserved) ... 4
375. Fully Employed/Not Unemployed. ... 4
376. -- 424. (Reserved) ... 4
425. New Claims/Additional Claims. ... 5
426. -- 549. (Reserved) ... 5
550. Reporting Requirements. ... 5
551. -- 699. (Reserved) ... 6
700. Partial Payments Of Amounts Owed The Department. ... 6
701. -- 724. (Reserved) ... 6
725. Recoveries. ... 6
726. -- 749. (Reserved) ... 6
750. Waiver Of Repayment. ... 7
751. -- 999. (Reserved) ... 7
These rules are promulgated under Section 72-1333, Idaho Code. (3-23-22)
These rules govern claims for unemployment insurance benefits. (3-23-22)
Administrative appeals under this chapter are governed by Section 72-1368, Idaho Code, and IDAPA 09.01.01. (3-23-22)
01. Central Claims Office. A claims office designated by the director, where unemployment claims throughout the state are processed. (3-23-22)
02. Initial Claim. The first claim for benefits made by an unemployed individual during a continuous period of unemployment. An initial claim may be either new or additional. (3-23-22)
03. Interstate Claim. A claim filed by a worker who resides in a state other than the state (or states) in which he has earned wages in covered employment. (3-23-22)
04. Intrastate Claim. A claim filed by a worker who resides in Idaho and has earned wages within or as federal wages assigned to Idaho. (3-23-22)
05. Monetary Determination. A determination of eligibility which lists a claimant's base period employer(s) and wages and establishes, if the claimant is eligible, his benefit year, his weekly benefit amount, and his total benefit amount. (3-23-22)
06. Non-Monetary Determination. A determination issued by a claims examiner with respect to the personal eligibility conditions of a claimant. (3-23-22)
01. Benefit Eligibility. To be eligible for benefits, an alien must fall within one (1) of the following three (3) categories at the time the work on which the claim is based was performed and at the time benefits are claimed, the alien must have current, valid authorization to work from the U.S. Department of Homeland Security in order to meet the continuing eligibility requirement of being able and available to work (unless the alien claimant is a Canadian resident who is claiming benefits under the Interstate Benefit Payment Plan, in which case the claimant must satisfy only Canadian availability requirements). Ref. Sec. 72-1366(4), (19), Idaho Code. (3-23-22)
a. Permanent Residence. Aliens who have been lawfully admitted to the United States as 'immigrants' and those whose status has been adjusted from that of 'non-immigrant' under the Immigration and Nationality Act. Evidence of this status is the Alien Registration Receipt Card, or 'green card,' issued to each lawful permanent resident by the U.S. Department of Homeland Security. (3-23-22)
b. Performing Services. 'Lawfully present for purposes of performing services' includes three (3) groups of aliens: (3-23-22)
i. Canadian and Mexican residents who commute daily or seasonally and are authorized to work in the United States; (3-23-22)
ii. Legally-admitted non-immigrants who are granted a status by the U.S. Department of Homeland Security which authorizes them to work in the United States during their stay; and (3-23-22)
iii. Other aliens with U.S. Department of Homeland Security authorization to work in the United States regardless of their status. (3-23-22)
c. Permanently Residing Under Color of Law. The category of individuals who are “permanently residing in the United States under color of law” includes the following groups of aliens: (3-23-22)
i. Refugees, asylees, and parolees, as identified in the Immigration and Nationality Act; (3-23-22)
ii. Aliens presumed by the U.S. Department of Homeland Security to be lawfully admitted for permanent residence; and (3-23-22)
iii. Aliens who, after review of their particular circumstances under U.S. Department of Homeland Security statutory or regulatory procedures, have been granted a status which allows them to remain in the United States for an indefinite period of time. For informal U.S. Department of Homeland Security action to authorize an alien’s residence under “color of law,” the U.S. Department of Homeland Security must know of the alien’s presence, and must provide the alien with official, documented assurance that enforcement of deportation is not planned. (3-23-22)
126. -- 199. (RESERVED)
Upon the written request of a claimant, a claim may be canceled at any time, provided that the claimant did not misrepresent or fail to report a material fact in making the claim and the claimant has repaid any benefits received on the claim, unless the benefits received will be offset from a new claim the claimant is filing. Ref. Sec. 72-1327A, Idaho Code. (3-23-22)
201. -- 224. (RESERVED)
Upon the death of a benefit claimant who has completed a compensable period prior to his death, distribution of benefits due him will be made to the surviving spouse or, if none, to the dependent child or children. If there is no surviving spouse nor dependent child or children, the benefits become the property of the claimant’s estate. (3-23-22)
226. -- 249. (RESERVED)
01. Rebuttal Procedure. Whenever any information is provided in response to a claim, and the information contradicts a statement made previously, all interested parties will be given an opportunity for rebuttal. Ref. Sec. 72-1368(3), Idaho Code. (3-23-22)
02. Reestablishing Eligibility After a Determination of Ineligibility. Evidence of requalifying wages includes, but is not limited to, the name of the employer, the mailing address, the dates of employment, the type of employment performed, and the claimant’s gross earnings. Ref. Sec 72-1366(14), Idaho Code. (3-23-22)
251. -- 374. (RESERVED)
Ref. Section 72-1312(1), Idaho Code. (3-23-22)
01. Leave of Absence. A claimant who is on a mutually agreed upon leave of absence, and whose employer has committed to the claimant’s return to work at the end of the leave, is employed and not eligible for benefits. (3-23-22)
02. Suspension. A claimant suspended with or without pay for a specific number of days, who has been given a date to resume employment after the suspension, is not considered unemployed and is not eligible for benefits. (3-23-22)
376. -- 424. (RESERVED)
Ref. Sec. 72-1308, Idaho Code.
(3-23-22)
01. Claims for Benefits, Delayed Filing. When the Central Claims Office has determined that a claimant’s attempt to file an initial claim was delayed due to problems with the Department’s telephone or electronic filing system, the claim may be backdated if the claimant reported the access problem to the Central Claims Office within seven (7) days of the date the problem occurred. When a claim is backdated, the continued claim report for the period of time involved is timely if filed during the same week or the next week after the claim is filed. (3-23-22)
02. Effective Date of Backdated Claims. When the filing of an initial claim for benefits is backdated due to a Department system malfunction, the effective date is the Sunday of the week in which the claimant first reported to the Central Claims Office to file the claim or attempted to access the telephone or electronic claim filing system and there were problems with the system. (3-23-22)
03. Filing of New Claims, Additional, and Reopen Claims. For purposes of this section, “new claim” means the first initial claim made in a benefit year. Intrastate and interstate claims, including, without limitation, new claims, additional claims, and reopen claims, may be filed electronically or by telephone at the Department’s discretion. (7-1-25)
a. Electronically Filed Claims. Claimants may file claims electronically by accessing Idaho’s Internet claim system or, if filing through an American Job Center, by accessing the Department’s Intranet claim system. Electronically filed claims will be date and time stamped at the time the claimant completes the application process. The claim will not be completed until the claimant has finished the process and has electronically submitted the claim to the Department. A claim filed via the Internet or an American Job Center is effective as of the Sunday of the week of the date shown on the date/time stamp. (3-23-22)
b. Interstate Claims. Any claim filed by an interstate claimant is accepted in the same manner and conditions for which claims are accepted from intrastate claimants. (3-23-22)
c. Telephone Claims. A claimant may also file a claim by calling the Central Claims Office. A claim filed via telephone is effective as of the Sunday of the week in which the claimant first calls the Central Claims Office to initiate the claim. (3-23-22)
d. Claimants’ Electronic Verification. A unique password or personal identification number approved by the Department may be used by a claimant or an employer to submit information or engage in transactions with the Department through electronic or telephonic means. Use of this method of verification has the same force and effect as a manual signature. (7-1-25)
04. Registration/Reporting Requirements -- Interstate Claimants. Interstate claimants are required to comply with the same reporting requirements prescribed for regular Idaho intrastate claimants. Ref. Sec. 72-1366(1), (2), Idaho Code. (3-23-22)
05. Additional Claim or Reopened Claim. A claim must be reestablished after a claimant has failed to report or has reported excessive earnings for two (2) or more consecutive weeks. (3-23-22)
06. Use of Wage Credits. All unemployment insurance wage credits from any source that are assignable to the state of Idaho will be used in establishing a claim and determining the claimant’s monetary eligibility. Ref. Sec. 72-1367(1), Idaho Code. (3-23-22)
Each claimant must report weekly or biweekly for benefits as directed. When filing claim reports, a claimant must use the reporting method assigned by the Department. Failure to file timely reports in a manner required by this rule will result in ineligibility for benefits for the week(s) claimed. Ref. Section 72-1366(1), Idaho Code. (3-23-22)
01. Mailed Reports. Reports that are mailed are considered timely when the envelope containing the
report is postmarked within nine (9) calendar days immediately following the week(s) being claimed, except if the ninth day is a holiday, the report period will extend to the next working day. (3-23-22)
02. Internet Reports. Reports filed via the Internet are considered timely when made between 12:00 a.m., mountain time zone, of the Sunday following the week being claimed and midnight 11:59 p.m., mountain time zone of the Saturday following the week being claimed. (3-23-22)
03. Facsimile Reports. Reports filed by facsimile are considered timely when transmitted on a form provided by the Department to a telephone number designated by the Department to receive such documents within nine (9) calendar days immediately following the week(s) being claimed, except if the ninth day is a holiday, the reporting period will extend to the next working day. Reports are deemed filed upon receipt by the Department. (3-23-22)
04. Electronic Mail Reports. Reports filed by electronic mail are considered timely when electronically mailed in a format provided by the Department to an email address designated by the Department to receive such documents within nine (9) calendar days immediately following the week(s) being claimed, except if the ninth day is a holiday, the reporting period will extend to the next working day. Reports are deemed filed upon receipt by the Department. (3-23-22)
05. Telephone Reports. Reports filed by telephone are timely if the claimant contacts the Central Claims Office at a telephone number designated by the Department to provide such reports during regular business hours within nine (9) calendar days immediately following the week(s) being claimed, except if the ninth day is a holiday, the report period will extend to the next working day. (3-23-22)
06. When Report Missing. If a claimant establishes, by credible and corroborated evidence, that a missing report was properly filed as required by this rule, a replacement report will be considered timely. (3-23-22)
Upon the Department's receipt of a partial payment of an overpayment and accrued interest and penalties thereon, the Department must, unless other arrangements have been made with the debtor and approved by the Department, apply the partial payment to the amounts owed as follows: (3-23-22)
01. Interest. The partial payment must be applied first to any accrued interest of the amounts due, starting with the oldest accrued interest; (3-23-22)
02. Penalties. After any accrued interest has been paid in full, the partial payment must be applied next to any assessed penalties, starting with the oldest assessed penalty; (3-23-22)
03. Fraud Overpayments. After all accrued interest and assessed penalties have been paid in full, the partial payment must be applied next to any fraud overpayments due, starting with the oldest fraud overpayment; and (3-23-22)
04. Nonfraud Overpayments. After all fraud overpayments have been paid in full, the partial payment must be applied next to any nonfraud overpayments, starting with the oldest nonfraud overpayment. Ref. Sec. 72-1369, Idaho Code. (3-23-22)
Unless the overpayment resulted from a determination that the claimant willfully made a false statement or willfully failed to report a material fact, overpayments will be deducted from any future benefits payable. Ref. Secs. 72-1369 and 72-1366, Idaho Code. (3-23-22)
An interested party must submit a written request for a waiver of repayment within fourteen (14) days of the date of mailing of the Determination of Overpayment. Ref. Sec.72-1369 (3-23-22)
751. – 999. (RESERVED)