Texas Workers' Compensation

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§ 132.8. Duration of Death Benefits for an Eligible Child

(a) A child, who is eligible to receive death benefits because the child is a minor on the date of the employee’s death, is entitled to receive benefits until the date on which the child turns 18. However, if the child is enrolled as a full-time student in an accredited educational institution on that date, benefits continue as described in subsection (b) of this section.

(b) A child, who is eligible to receive death benefits as a full-time student in an accredited educational institution on the date of the employee’s death or on the child’s 18th birthday, is entitled to receive benefits until the earliest of:

(1) the date on which the child ceases, for the second consecutive semester (excluding summer semesters), to be enrolled as a full-time student;

(2) the date on which the child turns 25; or

(3) the date on which the child dies.

(c) The insurance carrier may request proof that a child eligible for benefits is enrolled as a full-time student in an accredited educational institution; the child shall furnish such proof within 20 days of receiving such request.

(d) A child, who is eligible to receive death benefits because the child had a mental or physical handicap and was dependent on the employee because of the handicap on the date of the employee’s death, is entitled to receive benefits until the earlier of:

(1) the date on which the child is no longer handicapped; or

(2) the date on which the child dies.

(e) Once each year, the insurance carrier may request proof that a child eligible under subsection (d) of this section is still mentally or physically handicapped. The carrier shall pay all reasonable medical and travel related expenses incurred in obtaining the requested proof.

(f) A child, who is otherwise eligible to receive benefits because the child was dependent on the employee on the date of the employee’s death, is entitled to receive benefits until the earlier of:

(1) the date on which the child dies; or

(2) the expiration of 364 weeks of death benefit payments.

(g) A person who knowingly or intentionally continues to receive benefits as an eligible child or on behalf of an eligible child when the person is no longer entitled to receive them, or who knowingly fails to disclose the facts of ineligibility to the carrier or the commission, may be assessed administrative penalties under the Texas Workers’ Compensation Act, § 10.04.

The provisions of this § 132.8 adopted to be effective January 1, 1991, 15 TexReg 7023.

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At a Glance:

Title:

§ 132.8. Duration of Death Benefits for an Eligible Child

Title:

Title 28. Insurance

Status:

Current

Usage:

New Law Rule

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