UIPL_16-20_Change-6_Attachment-2.pdf

ETA Advisory File Text

II-1Attachme nt II to UIPL No. 16-20 Change 6 Que s tions and Ans we rs State Activity afte r the Pande mic Une mployme nt As s is tance PUA Program Expire s Section 4.c. of this UIPL describes state activity after the PUA program expires. Below are Questions and Answers to address recent state inquiries. The table after the questions and answers summarizes the dates included in these answers. One of the criteria to be eligible for PUA is that an individua l must self-certify that they are unemployed partially unemployed or unable or unavailable to work due to approved COVID-19 related reason s for weeks of unemployment ending on or before the date of state termination or program expiration whichever comes first . PUA may not be paid for any we e ks of une mployme nt e nding afte r Se pte mbe r 6 2021. The Department recognizes that for states with a backlog in resolving eligibil ity issues these claims may not be processed for months into the future and the Department stands ready to provide technical assistance to such states to address this backlog. 1.Question Is the state required to accept PUA applications until October 6 2021 or would it be through the end of the unemployment week prior to October 6 2021 Answer For claims other than those described in Section 4.c. of this UIPL where the individua l is eligible for PUA in multiple states and where the state did not terminate the PUA program before the program expiration date the state must accept new PUA applications through October 6 2021. Note that PUA may not be paid for any weeks of unemployment ending after September 6 2021. 2.Question May an individua l file a new PUA application after the 30-day required period if they filed for regular unemployment compensation UC prior to October 6 2021 but the state does not make a determination of ineligibil ity for regular UC until after October 6 2021 Answer Yes. If the individua l self-certifies that they were unemployed partially unemployed or unable or unavailable to work because of approved COVID-19 related reason s for weeks of unemployment ending on or before the date of state termination or program expiration whichever comes first they may file a new PUA application after the 30-day required period only if they 1 filed a regular UC claim prior to the end of the 30- day required period for accepting new PUA applications after the date of state termination or program expiration whichever comes first and 2 are found ineligible for regular UC or PEUC or EB after the end of the 30-day required period. However such an individual must file the PUA claim within 21 days of the determination of ineligibil ity for regular UC. The state must notify affected individua ls of this PUA filing deadline which may be done as part II-2 of the notification that their UC or PEUC or EB claim was denied or in a separate notification. 3. Question The state is required to accept new PUA applications for 30 days after the date of state termination or program expiration whichever comes first . How long must the state accept continued claim forms for a PUA claim Answer PUA may not be paid for any weeks of unemployment ending after September 6 2021 though payment for weeks of unemployment ending before September 6 2021 may occur at a later date. After the Pandemic Assistance Period ends September 6 2021 the state must accept continued claim forms for 21 days after the later of i the date on which the state notifies an individual of their right to self-certify under the expanded eligibility provisions described in UIPL No. 16-20 Change 5 ii the program expiration date or iii the date the individua l files a new PUA application. 4. Question The state must accept documentation submitted by the individua l to be considered for a higher weekly benefit amount WBA at any time during the Pandemic Assistance Period see Question 2 of Attachment I to UIPL No. 16-20 Change 2 . Since the Pandemic Assistance Period ends on September 6 2021 and the state must accept new PUA applications for an additional 30 days what is the deadline for accepting documentation to be considered for a higher WBA Answer After the Pandemic Assistance Period ends September 6 2021 the state must accept documentation to be considered for a higher WBA for up to 21 days after the later of i the program expiration date ii the date the individua l files a new PUA application or iii the date the state notifies the individua l of their ability to submit documentation to be considered for a higher WBA. This applies to all states regardless of whether they terminated the PUA program prior to its expiration date. NOTE Providing documentation to support the calculation of a higher WBA is a separate provision from the requirement to provide documentation substantiating employment or self- employment. The deadline for submitting documentation substantiating employment or self- employment is determined by the date the individua l filed a new claim or was instructed by the state to provide such documentation whichever is later either 21 days or 90 days. See Section C.2. of Attachment I to UIPL No. 16-20 Change 4. 5. Question States are required to process and pay benefits under the PUA program for all weeks of unemployment ending on or before the date of state termination or program expiration whichever comes first . Will the Department continue to provide administrative funding for the required PUA activities after this date Answer Yes. So long as the state is processing PUA-related workload e.g. determinations appeals overpayments the state may continue to receive administrative funding for such activities. To receive such funding the state must continue to report workload activity on the ETA 902P. The Department expects that such activity may continue at an increasingly II-3 diminis hing rate for several months or years into the future and will continue to fund administration based on the ETA 902P reporting numbers with the expectation that this amount will likely decrease over time. II-4 Reference Des cription S tates Terminating the PUA Program Early S tates Not Terminating the PUA Program Early S ection 4.c. of this UIPL PUA Program End Date Varies by s tate but prior to week ending 09 04 21 W eeks of unemployment ending on or before 09 06 21 Ques tion 1 Timeframe for state to accept new PUA applications 30 days from s tate termination date date varies by s tate For claims other than those described in Section 4.c. of this UIPL where the individual is eligible for PUA in multiple s tates and the s tate did not terminate the PUA program before the program expiration date 30 days from program expiration date 10 06 21 S ection 4.c. of this UIPL Special Scenario. Timeframe for state to accept new PUA applications for an individual who i worked in more than one state at the time of becoming unemployed partially unemployed or unable or unavailable to work because of approved COVID-19 related reas on s and ii the s tate in which s uch individual originally filed for PUA terminated the program prior to its expiration date which prevented the individual from continuing to receive PUA N A 30 days from date the state s PUA s ys tem is capable of accepting and processing such applications Ques tion 2 Special Scenario Timeframe for state to accept new PUA applications for an individual who s elf-certifies that they were unemployed partially unemployed or unable or unavailable to work because of approved COVID-19 related reas on s for weeks of unemployment ending on or before the date of s tate termination or program expiration whichever comes firs t and meets the following criteria 1 filed a regular UC claim prior to the end of 30-day required period and 2 s tate does not determine they are ineligible for regular UC or PEUC or EB until after 30-day required period 21 days after determination of ineligibility for regular UC claim that was filed on or before 30-day required period from Ques tion 1 21 days after determination of ineligibility for regular UC claim that was filed on or before 30-day required period from Ques tion 1 II-5 Reference Des cription S tates Terminating the PUA Program Early S tates Not Terminating the PUA Program Early Ques tion 3 Timeframe for state to accept continued claim forms for PUA claim 21 days after the later of i the date on which the s tate notifies an individual of their right to s elf-certify under the expanded eligibility provis ions described in UIPL No. 16- 20 Change 5 ii the program expiration date or iii the date the individual files a new PUA application. 21 days after the later of i the date on which the s tate notifies an individual of their right to s elf-certify under the expanded eligibility provis ions described in UIPL No. 16- 20 Change 5 ii the program expiration date or iii the date the individual files a new PUA application. Ques tion 4 Timeframe for state to accept documentation s ubmitted by the individual to be considered for a higher W BA 21 days after the later of i the program expiration date ii the date the individual files new PUA application or iii the date the s tate notifies the individual of their ability to s ubmit documentation to be cons idered for a higher W BA 21 days after the later of i the program expiration date ii the date the individual files new PUA application or iii the date the s tate notifies the individual of their ability to s ubmit documentation to be cons idered for a higher W BA