Section 2705.1 Of Article 4. Filing, Determination And Payment Of Disability Benefit Claims From California Unemployment Insurance Code >> Division 1. >> Part 2. >> Chapter 2. >> Article 4.
2705.1
. Where an individual who would be eligible to receive
disability benefits is mentally unable to make a claim therefor, the
director shall, in accordance with authorized regulations, allow the
filing of a claim for these benefits by the spouse or domestic
partner of the individual, in the absence of any other legally
authorized representative of the individual. A payment shall be made
upon affidavit executed by the spouse or domestic partner or person
or persons claiming to be entitled to the benefits and the receipt of
the affidavit or affidavits shall fully discharge the Director of
Employment Development from any further liability with reference to
the payments, without the necessity of inquiring into the truth of
any of the facts stated in the affidavit.
For the purposes of this section "mentally unable to make a claim"
shall be limited to those cases in which the individual is certified
by a healing arts practitioner specified in Sections 2708 and 2709
to be mentally unable to make a claim pursuant to this part.