Eligibility Examples.pdf

ETA Advisory File Text

Eligibility Examples Reversal in TAA UI Eligibility Example The claimant was determined eligible during the first two weeks of the month and received a UI or TRA payment. In the third week of the month the claimant was disqualified for the first two weeks of the month and will remain ineligible indefinitely until satisfying the requalifying requirements of the applicable state UI law. Question Answer Although initially determined eligible for a UI or TRA payment a disqualification was issued that reversed the earlier eligibility and furthermore imposed an indefinite disqualification. Note purging the disqualification imposed and meeting all applicable eligibility requirements . Note then later issued a correction record using the appropriate code to indicate non-eligibility and reversal of the prior record. TAA recipient during the prior month . Breaks-in-Training Section 233 f of the Trade Act provides that a worker shall be treated as participating in training during any week which is part of a break that does not exceed 14 days for petitions filed before November 4 2002 or 30 days for petitions filed on or after November 4 2002 . the worker may be potentially HCTC eligible even if the break exceeds the time limitations. Example 1 UI Claimant TRA eligibility status suspended The adversely affected worker covered by a certification became eligible for UI in January 2003. The worker continues to receive UI until exhaustion and begins receiving TEUC in July 2003 until exhaustion on October 4 2003 . The worker obtained a waiver of the training requirement on January 15 2003 later enrolled in TAA training in February 2003 and began training in March 2003. training ended summer break on Friday May 30 2003 . TAA training resumes on September 3 2003 . Question throughout the summer break which is longer than 30 days Answer an eligible TAA recipient for that month. The worker became an eligible TAA recipient potentially eligible for the HCTC in January 2003 when he she received a waiver of the TAA training requirement and 9 18 24 1 41 PM Eligibility Examples https www.dol.gov sites dolgov files ETA advisories UIPL 2003 UIPL33-03 AttachB.html 1 7 met the specific requirements of section 231 a of the Trade Act for receiving TRA except for not having exhausted UI entitlement. The worker was an eligible TAA recipient and potentially eligible for the HCTC in February March April May as well as June the record submitted to the HCTC office for May establishes the carry over month of June . Although the worker continues to have UI entitlement throughout the break in training the worker would not be eligible for TRA because the break exceeds the time limitations and TRA would not be payable. TAA recipient until resuming training thus there is no HCTC eligibility for July 2003. The resumption of training on September 3 2003 establishes potential eligibility for the HCTC for both August and September because the compensable week payable on September 6 2003 will begin on Sunday August 31. potential HCTC eligibility because the claimant will be an eligible TAA recipient for one day in August and therefore meets the requirement of receipt of TRA for any day of the month . Example 2 TRA Claimant TRA suspended The adversely affected worker covered by a certification became eligible for UI in August 2002. The worker became eligible for TEUC in February 2003 and exhausted TEUC on April 26 2003 . The worker then became eligible for 13 weeks of basic TRA effective April 27 2003 . The worker obtained a waiver of the training requirement on January 15 2003 and later enrolled in TAA training in February 2003 and began training in March 2003. TAA training ended summer break on Friday May 30 2003 . Training resumes on September 3 2003 . Question so does eligibility extend throughout the summer break which is longer than 30 days Answer eligible TAA recipient for that month. The worker became an eligible TAA recipient and potentially eligible for the HCTC in January because he she received a waiver of the TAA training requirement and met the specific requirements of section 231 a of the Trade Act receiving TRA except for not having exhausted UI. The worker was an eligible TAA recipient in February March April May and June the record submitted to the HCTC office for May establishes the carry over month of June . No TRA payments will be issued until the worker resumes training because the break exceeds the time limitations thus the claimant is not an eligible TAA recipient and not potentially eligible for the HCTC in July 2003. The resumption of training on September 3 2003 establishes potential eligibility for the HCTC for both August and September because the compensable week payable on September 6 2003 will begin on Sunday August 31. potential HCTC eligibility because the claimant will be an eligible TAA recipient for one day in August and therefore meets the requirement of receipt of TRA for any day of the month . Example 3 UI Claimant continues eligible TAA recipient status 9 18 24 1 41 PM Eligibility Examples https www.dol.gov sites dolgov files ETA advisories UIPL 2003 UIPL33-03 AttachB.html 2 7 The adversely affected worker covered by a certification became eligible for UI in January 2003. The worker obtained a waiver of the training requirement on January 15 2003 later enrolled in TAA training in February 2003 and began training in March 2003. training ended summer break on Friday June 6 2003 . TAA training resumes on September 3 2003 . The worker continues to receive UI and begins receiving TEUC in July until exhaustion on October 4 2003 . Question so does eligibility extend throughout the summer break which is longer than 30 days Answer recipient in this case and the claimant remains potentially eligible for the HCTC. The worker became an eligible TAA recipient potentially eligible for the HCTC in January at the point that he she received a waiver of the TAA training requirement and met the specific requirements of section 231 a of the Trade Act receiving TRA except for not having exhausted UI entitlement. The worker was a TAA eligible recipient in February March April May and June the payment in June establishes the carry over month of July . The resumption of training on September 3 2003 establishes potential eligibility for the HCTC for both August and September because the compensable week payable on September 6 2003 will begin on Sunday August 31. potential HCTC eligibility because the claimant will be an eligible TAA recipient for one day in August and therefore meets the requirement of receipt of TRA for any day of the month . Example 4 TRA claimant continues eligible TAA recipient status The adversely affected worker covered by a certification became eligible for UI in August 2002. The worker became eligible for TEUC in February 2003 and exhausted TEUC on April 26 2003 . The worker became eligible for 13 weeks of basic TRA effective April 27 2003 . The worker obtained a waiver of the training requirement on January 15 2003 enrolled in TAA training in February 2003 and began training in March 2003. TAA training ended summer break on Friday June 6 2003 and training is scheduled to resume on September 3 2003 . Question so does eligibility extend throughout the summer break which is longer than 30 days Answer recipient in this case and the claimant remains potentially eligible for the HCTC. The worker became an eligible TAA recipient potentially eligible for the HCTC in January because he she received a waiver of the TAA training requirement and met the specific requirements of section 231 a of the Trade Act receiving TRA except for not having exhausted UI. The worker was potentially eligible for the HCTC in February March April May and June the payment in June establishes the carry over month of July . 9 18 24 1 41 PM Eligibility Examples https www.dol.gov sites dolgov files ETA advisories UIPL 2003 UIPL33-03 AttachB.html 3 7 No TRA payments will be issued until the worker resumes training because the break exceeds the time limitations. receive UI if otherwise eligible . The resumption of training on September 3 2003 establishes potential eligibility for the HCTC for the month of September. payable for September 6 2003 will begin on Sunday August 31 August is a month of potential HCTC eligibility note one of the requirements for potential HCTC eligibility is the receipt of a payment for any day of the month . 60-Day Requirement Section 231 a of the Trade Act provides that TRA is payable for any week of unemployment that begins more than 60 days after the date on which the petition that resulted in a certification was filed. The following examples illustrate the application of the 60-day requirement but also highlight how a difference in a few days in the filing of the petition may result in a delay in potential HCTC eligibility by a whole month. as UI. Example 1 A petition is filed on June 30 2003 . The petition is certified on July 21 2003 and covers workers separated from the firm beginning on June 1 2002 . An adversely affected worker covered by the certification was separated on July 1 2002 and exhausted UI and TEUC on March 29 2003 . This individual has exhausted all UI entitlement. until the compensable week that begins on Sunday - August 31 2003 which is the first week that begins more than 60 days after the filing date of the petition that resulted in a certification and provided he she meets other eligibility requirements of the Act . that the first compensable week begins in August this worker may be potentially eligible for the HCTC beginning in August but would not be for July. Assuming the SWA determines week ending 09 06 2003 is payable in September it would then report this claimant as an eligible TAA recipient for the months of August and September. Example 2 A petition is filed on July 10 2003 . The petition is certified on August 23 2003 and covers workers separated from the firm beginning on June 25 2002 . An adversely affected worker covered by the certification was separated on July 1 2002 and exhausted UI and TEUC on March 29 2003 . This individual has exhausted all UI entitlement. TRA until the compensable week that begins on Sunday September 14 2003 which is the first week that begins more than 60 days after the filing date of the certification and provided he she meets other eligibility requirements of the Act . compensable week begins in September this worker may be potentially eligible for the HCTC beginning in September but not during July or August. 9 18 24 1 41 PM Eligibility Examples https www.dol.gov sites dolgov files ETA advisories UIPL 2003 UIPL33-03 AttachB.html 4 7 Assuming the SWA determines week ending 09 20 2003 is payable in September it would then report this claimant as an eligible TAA recipient for the month of September. Example 3 A petition is filed on June 30 2003. The petition is certified on July 21 2003 and covers workers separated from the firm beginning on June 1 2002. An adversely affected worker was separated on July 1 2003 and is eligible for UI. The worker would be potentially eligible for TRA if he she exhausted UI but not until the week of unemployment that begins more than 60 days after the filing date of the petition that was certified. UI until the compensable week that begins on Sunday August 31 2003 which is the first week that begins more than 60 days after the filing date of the certification and provided he she meets other eligibility requirements of the Act . week begins in August this worker may be potentially eligible for the HCTC beginning in August but not for July. Example 4 A petition is filed on July 10 2003. The petition is certified on August 23 2003 and covers workers separated from June 25 2002. An adversely affected worker was separated on July 1 2003 and is eligible for UI. The worker would be potentially eligible for TRA if he she exhausted UI but not until the week of unemployment that begins more than 60 days after the filing date of the petition that was certified. week that begins on Sunday September 14 2003 which is the first week that begins more than 60 days after the filing date of the petition that was certified and provided he she meets other eligibility requirements of the Act . begins in September this worker may be eligible for HCTC beginning in September but not during July or August. Additional Examples Example 1 middle of a month. 9 18 24 1 41 PM Eligibility Examples https www.dol.gov sites dolgov files ETA advisories UIPL 2003 UIPL33-03 AttachB.html 5 7 Example 2 of the month. Example 3 of the month during a week that split months. 9 18 24 1 41 PM Eligibility Examples https www.dol.gov sites dolgov files ETA advisories UIPL 2003 UIPL33-03 AttachB.html 6 7 Example 4 potentially eligible for the additional carry over month for the HCTC. 9 18 24 1 41 PM Eligibility Examples https www.dol.gov sites dolgov files ETA advisories UIPL 2003 UIPL33-03 AttachB.html 7 7