Delaware Code Title 19. Labor § 3704. Amount of benefits

(1) The weekly benefit must be 80% of the covered individual's average weekly wages rounded up to the nearest even $1.00 increment during the 12 months preceding submission of the application.

(2) The minimum weekly benefit may not be less than $100 a week, except that if the covered individual's average weekly wage is less than $100 a week, the weekly benefit must be the covered individual's full wage.

(3) The maximum weekly benefit in 2026 and 2027 must be $900.  In each year after 2027, the maximum weekly benefit must increase in proportion to the annual average increase, if any, in the Consumer Price Index for All Urban Consumers, Philadelphia-Camden-Wilmington Metropolitan area that is published by the Bureau of Labor Statistics of the United States Department of Labor.  In each year after 2027, the period of change must be calculated from October 2026 to the October before the start of the calendar year.  When the Department determines a maximum weekly benefit amount using the Consumer Price Index under this paragraph (a)(3), the amount must be rounded to the nearest even $5.00 increment as determined in the discretion of the Secretary.

(1) Any amount deducted pursuant to this subsection must be paid by the Department to the appropriate state or local child support enforcement agency and for all purposes be treated as if it were paid to the individual as family and medical leave benefits.

(2) This subsection applies only if the state or local child support enforcement agency makes appropriate arrangements for reimbursement for the administrative costs incurred by the Department under this subsection that are attributable to child support obligations being enforced by the state or local child support enforcement agency.

(3) Under this section, “child support obligation” includes only obligations that are being enforced pursuant to a plan described in § 454 of the Social Security Act [42 U.S.C. § 654] which has been approved by the Secretary of Health and Human Services under Part D of Title IV of the Social Security Act [42 U.S.C. § 651 et seq.].

(4) Under this section, “state or local child support enforcement agency” means any agency of a state or a political subdivision thereof operating pursuant to a plan described in paragraph (d)(3) of this section.