State Unemployment Benefits in Massachusetts
The Massachusetts Department of Unemployment Assistance administers unemployment insurance for the Commonwealth. Benefits due a claimant who dies are governed by M.G.L. c. 151A, § 68: where no petition to administer the estate has been filed within 30 days of the death, the DUA commissioner may pay the benefits due to the person the commissioner finds entitled to them, and that payment is as valid as one made to the estate’s legal representative.
Administering agency
Massachusetts Department of Unemployment Assistance (DUA)
Authority
M.G.L. c. 151A, s. 68 (payment of benefits due a deceased person)
State Unemployment Benefits in Massachusetts: key facts
- Administering agency
- Massachusetts Department of Unemployment Assistance (DUA), within the Executive Office of Labor and Workforce Development.
- Claimant portal
- Unemployment Services for Workers, at unemployment.mass.gov.
- Phone
- DUA Call Center, 877-626-6800 (Monday–Thursday, 8:30 a.m.–4:30 p.m.; closed Fridays).
- Benefits due a deceased claimant
- Under M.G.L. c. 151A § 68, where no petition to administer the estate has been filed within 30 days after the death, the DUA commissioner may pay benefits due the deceased claimant to the person the commissioner finds entitled to them; the payment is as valid as if made to the estate’s legal representative. If a personal representative has been appointed, benefits due are payable to that legal representative.
- Weeks that remain payable
- Weekly eligibility under M.G.L. c. 151A § 24(b) requires the claimant to be capable of, available for, and actively seeking work in the week claimed, so only weeks the claimant qualified for before death can be paid.
- Payments issued after the date of death
- A payment the claimant was not entitled to is an erroneous payment, which DUA may recover by civil action or deduct from future benefits under M.G.L. c. 151A § 69(a). The commissioner may waive recovery from a person who is without fault where recovery would be against equity and good conscience (§ 69(c)).
- Reporting a death
- By phone to the DUA Call Center, 877-626-6800 (Monday–Thursday, 8:30 a.m.–4:30 p.m.).
Governing law: M.G.L. c. 151A, s. 68 (payment of benefits due a deceased person)
Steps to take when someone dies
- Report the claimant's death to the DUA Call Center at 877-626-6800.
- Ask DUA whether benefits are due for weeks the claimant qualified for before death, and what documentation DUA requires to pay them.
- Identify who receives the payment: the estate’s legal representative if one has been appointed, or — where no petition to administer the estate has been filed within 30 days of the death — the person the DUA commissioner finds entitled under M.G.L. c. 151A § 68.
Massachusetts Department of Unemployment Assistance (DUA)
Phone: 877-626-6800
Visit the agency website →Frequently asked questions
The Massachusetts Department of Unemployment Assistance (DUA) administers unemployment insurance. Claimants use Unemployment Services for Workers at unemployment.mass.gov, and the DUA Call Center can be reached at 877-626-6800, Monday through Thursday, 8:30 a.m. to 4:30 p.m.
Weekly eligibility requires the claimant to be capable of, available for, and actively seeking work in the week claimed (M.G.L. c. 151A § 24(b)), so only weeks the claimant qualified for before death can be paid. A payment issued for a week the claimant was not entitled to is an erroneous payment that DUA may recover, or deduct from future benefits, under § 69(a).
Call the DUA Call Center at 877-626-6800 to report the death and ask what documentation DUA requires. Under M.G.L. c. 151A § 68, where no petition to administer the estate has been filed within 30 days after the death, the DUA commissioner may pay benefits due the deceased claimant to the person the commissioner finds entitled to them, and that payment is as valid as one made to the estate’s legal representative. Where a personal representative has been appointed, benefits due are payable to that representative.
Sources
Data sourced from State Unemployment Benefits in Massachusetts primary sources (4 pages reviewed). How we research.
Administering agency
Massachusetts Department of Unemployment Assistance (DUA)
Authority
M.G.L. c. 151A, s. 68 (payment of benefits due a deceased person)