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Adjudicating combined-wage UI claims
Summary ETA clarified which state decides an issue on a combined-wage unemployment claim. Generally, the paying state may not re-adjudicate an issue already decided by a transferring state; the letter explains the exception when that earlier decision made the combined-wage claim possible. A flowchart is attached for state agency staff.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
UIPL No. 12-17
Date issued
February 28, 2017
Status
Active
ETA's listing marks this letter Active; its PDF prints 'Rescissions: None' and 'Expiration Date: Continuing.'
Status last verified October 24, 2026
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About this page: The full text below is the official document from U.S. Department of Labor, Employment and Training Administration (ETA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.
CLASSIFICATION
EMPLOYMENT AND TRAINING ADMINISTRATION UI
ADVISORY SYSTEM CORRESPONDENCE SYMBOL
U.S. DEPARTMENT OF LABOR OUI/DUIO
Washington, D.C. 20210 DATE
February 28, 2017
ADVISORY: UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 12-17
TO: STATE WORKFORCE AGENCIES
FROM: BYRON ZUIDEMA /s/
Deputy Assistant Secretary
SUBJECT: Adjudication of Unemployment Insurance Combined Wage Claims Issues
1. Purpose. To clarify existing guidance governing adjudication of any Combined Wage Claim
(CWC) as set out in 20 C.F.R. Part 616, and to make a technical assistance tool available to
State Workforce Agencies for staff use in addressing CWC issues previously adjudicated by
another state in compliance with 20 C.F.R. 616.8 (a).
2. References.
• Section 303 of the Social Security Act (SSA);
• 20 C.F.R. Part 616; and
• ETA Handbook No. 399, Interstate Arrangement for Combining Employment and
Wages.
3. Background. The CWC program allows an unemployed individual with employment and
wages in more than one state to combine those wages to establish a CWC benefit year under
the law of a single state to qualify for unemployment compensation. The state parties in a
CWC claim consist of a paying state and at least one transferring state. The state in which
the individual elects to file the CWC is the “paying state,” provided the individual has
employment and wages in that state’s base period(s), and the individual qualifies for benefits
under the law of that state using combined employment and wages. A state that transfers
wages to be used in establishing the CWC is a “transferring state.”
The CWC rule at 20 CFR 616.8(a) provides as follows:
“The paying State shall apply all the provisions of its law to each determination made
hereunder, except that the paying State may not determine an issue which has previously
been adjudicated by a transferring State. Such exception shall not apply, however, if the
transferring State’s determination of the issue resulted in making the Combined-Wage
Claim possible under 20 CFR 616.7(b)(2).”
4. Policy Clarification. This CWC rule prohibits the paying state from re-adjudicating an issue
on a CWC that has been previously adjudicated by a transferring state, with one exception.
RESCISSIONS EXPIRATION DATE
NONE Continuing
The only exception is when the transferring state’s determination on the issue made the CWC
possible under 20 CFR 616.7(b)(2) by denying benefit payments for an indefinite period or
the entire period for which benefits would otherwise be potentially payable. Paying states
should charge employers in accordance with their state UI law.
5. Action Requested. State administrators are requested to provide this guidance, including the
technical assistance tool that depicts CWC Issue Adjudication processes (see Attachment A),
to appropriate staff.
6. Inquiries. Questions should be directed to the appropriate Regional Office.
7. Attachment. Combined Wage Claim Issue Adjudication Flowchart.
Attachment (official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2017/UIPL_12-17_Attachment_A.pdf)
Attachment A to UIPL No. 12-17
Combined Wage Claim Issue Adjudication Flowchart
START
Paying State
identifies an issue
on a claim.
The paying State’s
provisions of the UI
STOP.
law apply. This
issue must be
The provision
Was this issue previously
adjudicated NO YES
Is this a combined- at 20 CFR
adjudicated by a NO
because it has not wage claim (CWC)? 616.8(a) only
transferring State?
been previously applies to
adjudicated by a CWCs.
transferring State.
STOP.
Wages from the
YES transferring State
are not being used,
therefore the
Is the paying State using any exception in the
of the transferring States’ NO regulation at 20
wages to establish the CWC? CFR 616.8(a) does
not apply and the
paying State should
apply the
provisions of its
Yes law.
The paying State
must accept the
transferring State’s The paying State
Did the transferring State’s
eligibility must apply the
determination of eligibility (on this
determination for provisions of its law
issue) make the CWC possible under 20
the issue associated and adjudicate the
NO CFR 616.7(b)(2) by denying benefits for YES
with the transferred issue. Each State will
an indefinite period or for the entire
wages. Each State charge employers in
period in which benefits would have
will charge accordance with its
been potentially payable?
employers in own law.
accordance with its
own law.
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