Print This Page
E-mail This Page
 |
||
Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Employees' Benefits |
|
| Employment and Training Administration, Department of Labor |
|
|
| Trade Adjustment Assistance for Workers Under the Trade Act of 1974 |
|
|
|
| Administration by Applicable State Agencies |
20 CFR 617.50 - Determinations of entitlement; notices to individuals.
- Section Number: 617.50
- Section Name: Determinations of entitlement; notices to individuals.
(a) Determinations of initial applications for TRA or other TAA. The
State Agency whose State law is the applicable State law under
Sec. 617.16 shall upon the filing of an initial application for TRA or
other TAA promptly determine the individual's entitlement to such TRA or
other TAA under this part 617, and may accept for such purposes
information and findings supplied by another State agency under this
part 617.
(b) Determinations of subsequent applications for TRA or other TAA.
The State agency shall, upon the filing of an application for payment of
TRA, or subsistence and transportation under Secs. 617.27 and 617.28,
with respect to a week, promptly determine whether the individual is
eligible for a payment of TRA, or subsistence and transportation, with
respect to such week, and, if eligible, the amount of TRA, or
subsistence and transportation, for which the individual is eligible. In
addition, the State agency promptly shall, upon the filing of a
subsequent application for job search allowances (where the total of
previous job search allowances paid the individual was less than $600),
determine whether the individual is eligible for job search allowances,
and, if eligible, the amount of job search allowances for which the
individual is eligible.
(c) Redeterminations. The provisions of the applicable State law
concerning the right to request, or authority to undertake,
reconsideration of a determination pertaining to a claim for UI under
the applicable State law shall apply to determinations pertaining to all
forms of TAA under this part 617.
(d) Use of State law. In making determinations or redeterminations
under this section, or in reviewing such determinations or
redeterminations under Sec. 617.51, a State agency shall apply the
regulations in this part 617. As to matters committed by this part 617
to the applicable State law, a State agency, a hearing officer, or a
State court shall apply the applicable State law and regulations
thereunder, including procedural requirements of such State law or
regulations, except so far as such State law or regulations are
inconsistent with this part 617 or the purpose of this part 617:
Provided, that, no provision of State law or regulations on good cause
for waiver of any time limit, or for late filing of any claim, shall
apply to any time limitation referred to or specified in this part 617,
unless such State law or regulation is made applicable by a specific
provision of this part 617.
(e) Notices to individual. The State agency shall notify the
individual in writing of any determination or redetermination as to
entitlement to TAA. Each determination or redetermination shall inform
the individual of the reason for the determination or redetermination
and of the right to reconsideration or appeal in the same manner as
determinations of entitlement to UI are subject to redetermination or
appeal under the applicable State law.
(f) Promptness. Full payment of TAA when due shall be made with the
greatest promptness that is administratively feasible.
(g) Procedure. Except where otherwise required by the Act or this
part 617, the procedures for making and furnishing determinations and
written notices of determinations to individuals, shall be consistent
with the Secretary's ``Standard for Claim Determinations--Separation
Information,'' Employment Security Manual, part V, sections 6010-6015
(appendix B of this part).
[51 FR 45848, Dec. 22, 1986, as amended at 59 FR 939, 943, Jan. 6, 1994]
|
||
