Questions and corrected payment deadline for 2008 emergency benefits

UIPL23-08C1acc.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2008/UIPL23-08C1acc.pdf)

                                                           CLASSIFICATION
         EMPLOYMENT AND TRAINING                            EUC08
      ADMINISTRATION ADVISORY SYSTEM                       CORRESPONDENCE SYMBOL
         U.S. DEPARTMENT OF LABOR                           OWS/ DUIO
            Washington, D.C. 20210                         DATE
                                                           August 15, 2008

ADVISORY: UNEMPLOYMENT INSURANCE PROGRAM LETTER No. 23-08, Change 1

TO:            STATE WORKFORCE AGENCIES

FROM:          BRENT R. ORRELL /s/
               Deputy Assistant Secretary

SUBJECT:       Emergency Unemployment Compensation, 2008 – Questions and Answers

1.    Purpose. To respond to questions regarding the Emergency Unemployment Compensation,
      2008 (EUC08) program (included as Attachment A to this UIPL); to correct the ending
      date(s) during which an individual may receive a final payment for EUC08 during the
      phase-out period of the program; and to change the expiration date of Unemployment
      Insurance Program Letter (UIPL) No. 23-08 to “continuing.”


2.    References. UIPL 23-08; Supplemental Appropriations Act, 2008 (Act), Title IV –
      Emergency Unemployment Compensation, Public Law 110-252.


3.    Background. The EUC08 program became effective in most states during the week
      beginning July 6, 2008 (week beginning July 7th in New York). The program provides up
      to 13 weeks of 100 percent federally-funded compensation to eligible individuals.

4.    Correction to End Date for EUC08 Payments and to “Expiration Date” of UIPL 23-08. The
      legislation provides that no EUC08 is payable for weeks “beginning after June 30, 2009.”
      In most states, where benefit weeks end on Saturdays, the practical effect is that the week
      ending July 4, 2009, is the last week for which benefits can be paid. UIPL No. 23-08 stated
      incorrectly that the week-ending June 27, 2009, was the final week for which benefits could
      be paid. In addition, the “Expiration Date” for UIPL No. 23-08 is changed to read
      “Continuing.”


5.    Action. State Administrators are requested to provide this guidance to appropriate staff.


6.    Attachment. Emergency Unemployment Compensation, 2008 – Questions and Answers
 RESCISSIONS                                              EXPIRATION DATE
 None                                                     Continuing

UIPL23-08C1a1.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2008/UIPL23-08C1a1.pdf)

                                                       Attachment to UIPL No. 23-08, Change 1


          Emergency Unemployment Compensation, 2008
                                 Questions and Answers




                                        Table of Contents


A.   Claims Processing for EUC08 ........................................................................p.2
B.   Individuals Potentially Eligible for EUC08....................................................p.3
C.   Applicable Benefit Year for EUC08 Purposes ...............................................p.3
D.   Monetary Eligibility........................................................................................p.4
E.   Requalifying Requirements for Successive Benefit Years (“Double Dip”)
     provisions........................................................................................................p.6
F.   Base Period Employment Requirement ..........................................................p.6
G.   Seasonal Provisions/Between Terms Denial ..................................................p.7
H.   Work Search/Job Service Registration Requirements ....................................p.8
I.   Non-Monetary Issues ......................................................................................p.8
J.   EUC08 Benefit Intercept ................................................................................p.9
K.   Overpayments .................................................................................................p.9
L.   Short-Time Compensation (STC) Program ..................................................p.10
M.   Extensions for Approved Training ...............................................................p.11
N.   Self-Employment Assistance ........................................................................p.11
O.   EUC08 Effect on Trade Readjustment Allowances (TRA)..........................p.11
P.   Interstate Benefits/Combined Wage Claims (CWC) ....................................p.12
Q.   Claims filed by Aliens ..................................................................................p.12
R.   Application of Worker Profiling and Reemployment Services (WPRS)......p.13
S.   EUC08 Relation to Extended Benefits .........................................................p.13





A.   Claims Processing for EUC08
     1.    Question: What is the earliest effective date for EUC08 claims, and what is
           the first week payable?
           Answer: In most states, where the week of unemployment begins on Sunday,
           the earliest effective date for a claim in July 6, 2008. In these states, the first
           week for which EUC08 may be paid is the week ending July 12, 2008.
     2.    Question: If an individual is in continued claim status on a regular UC claim
           when s/he exhausts UC, may the claim be automatically switched to an
           EUC08 claim without an EUC08 initial claim?
           Answer: No. An EUC08 initial claim must be filed that meets the state’s
           requirements for claim filing. (See Attachment A to UIPL No. 23-08; page A-
           8, #2, Claims for EUC08).
     3.    Question: May a state backdate an EUC08 claim if an individual files a late
           claim and requests backdating?
           Answer: Section 4001(d)(2) of the Act provides that state law will apply; the
           state must follow its own unemployment compensation (UC) law with respect
           to backdating of an EUC08 claim.
     4.    Question: If state law requires a request for redetermination before appeal of
           a monetary determination, is state law followed for EUC08 monetary appeals?
           Answer: Yes. Section 4001(d)(2) of the Act provides that the provisions of
           state law will apply regarding EUC08 claim re-determinations and appeals.
     5.    Question: Section 4007(a)(2) of the Act provides that EUC08 shall apply to
           weeks of unemployment ending on or before March 31, 2009. How does this
           apply to weeks of unemployment that are not a calendar week, for example,
           the seven day period of March 25-March 31, 2009?
           Answer: Where state laws permit “flexible weeks” of unemployment that
           follow, for example, an employer’s payroll week structure, weeks ending on or
           before (Tuesday) March 31, 2009, would be payable.
     6.    Question: Regarding the phase-out of the EUC08 program (when there are
           remaining amounts in an individual’s EUC08 account), Section 4007(b)(2) of
           the Act provides that no EUC08 shall be payable for any week beginning after
           June 30, 2009. Is EUC08 payable for the week of (Tuesday) June 30, 2009,
           that ends (Monday) July 6, 2009?
           Answer: Yes. If state law permits weeks of unemployment to begin on
           (Tuesday) June 30, 2009, the week ending (Monday) July 6, 2009, would be
           the final week.





B.   Individuals Potentially Eligible for EUC08
     1.    Question: Is an individual potentially eligible for EUC08 if s/he filed a new
           claim and established a benefit year that ended on or after May 1, 2007, but
           received no payments before the benefit year ended?
           Answer: Yes. The ending of the benefit year prevents the individual from
           receiving the regular UC balance that was available. The individual is an
           exhaustee for EUC08 purposes.
     2.    Question: Is there a waiting week for EUC08 if the individual has never
           served a waiting week during the applicable benefit year?
           Answer: No. There is no waiting period requirement for EUC08.
     3.    Question: If an individual files a new UC claim and is found monetarily
           ineligible (e.g., no wages or insufficient wages) for regular UC, does the
           agency need to check for any earlier/prior benefit year(s) to determine if the
           individual may qualify for EUC08?
           Answer: Yes. To determine if the individual qualifies for EUC08, the state
           will need to check for any prior benefit year(s) that ended on or after May 1,
           2007, and determine if the individual is an exhaustee. See Attachment A to
           UIPL 23-08, page A-1 Definitions - #4 and page A-3, #1(b), Determining
           Exhaustees.
C.   Applicable Benefit Year for EUC08 Purposes
     1.    Question: May an individual choose the benefit year under which an EUC08
           claim will be filed? For example, the individual has two different benefit
           years that ended on or after May 1, 2007, or the individual has one benefit year
           that ended on or after May 1, 2007 and another benefit year that has not ended
           but all UC benefits have been exhausted?
           Answer: No. The applicable benefit year is the most recent benefit year.
           (See Attachment A to UIPL No. 23-08, page A-1, Definitions - #4.)
     2.    Question: If, due to the receipt of severance pay, an individual’s eligibility
           for regular UC is postponed or reduced to zero and no regular UC is paid
           during the entire benefit year, which has ended, is the individual considered to
           be an “exhaustee?”
           Answer: Yes. Once the individual’s benefit year ends, the individual is an
           exhaustee. (See Section 4001(c)(2) of the Act.) Note: Disqualifications,
           including those related to deductible income, that are imposed by state law
           will also apply to EUC08 claims.
     3.    Question: An individual has two different benefit years that ended on or after
           May 1, 2007. However, on the most recent benefit year, the individual does
           not meet the 20 weeks of work requirement. The individual’s prior benefit





           year does meet this requirement. Since the most recent benefit year does not
           meet the EUC08 monetary requirements, might the individual qualify for
           EUC08 based on the prior benefit year?
           Answer: No. The applicable benefit year, which is used as the basis for an
           EUC08 claim, is the most recent benefit year.
D.   Monetary Eligibility
     1.    Question: Is there a uniform 13-week duration for all EUC08 claims?
           Answer: No. The EUC08 maximum benefit amount (MBA) is computed as
           the lesser of 50 percent of the individual’s regular UC MBA, including
           dependents’ allowance(s), or 13 times the individual’s average weekly benefit
           amount (WBA). Fifty percent of the regular MBA may result in less than 13
           weeks of benefits, for example, where an individual only qualifies for an
           MBA of 10 weeks of regular UC. (See Section 4002(b)(1) of the Act.)
     2.    Question: If there has been a recent increase in the state’s WBA that applies
           to all benefit years on file with a balance, what impact does it have on the
           EUC08 WBA and MBA?
           Answer: The increase will affect the calculation of the EUC08 WBA and
           MBA if it increases the claimant’s WBA for regular compensation for the
           applicable benefit year. The individual’s EUC08 WBA is the most recent
           WBA of regular compensation for the applicable benefit year. The
           individual’s EUC08 MBA is also affected by the WBA increase for regular
           compensation because the EUC08 MBA is the lesser of 50 percent of the total
           regular UC for the benefit year (which would be increased by the WBA
           increase) or 13 times the average WBA paid during the benefit year (which
           also would be increased by the WBA increase). (See Section 4002(b)(1) of
           the Act.)
           For example, if an individual received regular UC for 20 weeks at $200 and
           the remaining 6 weeks at $220, his/her EUC08 WBA will be $220, and the
           EUC08 MBA will be $2,660 which is the lesser of 50% of $5320 ($2,660) or
           13 times $210 ($200 + $220 divided by 2, ($2,730), the average of both
           WBAs). State law rounding provisions will apply.
     3.    Question: If an individual receives a monetary penalty on his/her regular
           claim, is the EUC08 claim based on the regular amount before or after the
           penalty (e.g., wage cancellation or reduction of the MBA)?
           Answer: The EUC08 claim is based on the amount determined before the
           penalty. Section 4002(b)(1) of the Act, requires that the amount in the EUC08
           account equal the lesser of 50 percent of the regular benefits payable or 13
           times the average WBA. The Department has consistently held that the
           determination of the monetary award for federally-financed extensions should
           be based on the regular UC amount prior to the application of a penalty
           because to base entitlement on the lesser re-determined amount would be




     tantamount to imposing a second penalty for the same disqualifying act. (See
     20 CFR 615.5(a)(1)(i) and (b)(3), which applies the same principle in the
     extended benefits (EB) program in determining exhaustion.)

4.   Question: May individuals who have had their base period wage credits
     canceled or who have had their regular maximum benefit amount reduced to
     one week establish a EUC08 claim? If “yes,” how is the EUC08 monetary
     account calculated?
     Answer: Yes. Consistent with the EB regulations (20 CFR 615.5(a)(1)(i) and
     (b)(3)) the individual is an exhaustee if no regular compensation is payable.
     Also, the individual’s EUC08 monetary account is calculated using the
     monetary determination before wage cancellation or benefit reduction, as
     explained in #3 above.
5.   Question: If the calculation of the individual’s EUC08 MBA at 50 percent of
     the MBA for regular compensation results in a fraction that requires rounding,
     are state law rounding provisions followed?
     Answer: Yes. States are to round up or down in accordance with their state
     law.
6.   Question: A state’s formula for determining the MBA for regular
     compensation is the lesser of 26 times the WBA or one-third of the base
     period wages credits. When an individual is unemployed due to a plant
     closing, the state pays up to 13 additional weeks of benefits as the lesser of 39
     times the WBA or one-half of the base period wage credits. State law does
     not specifically define these benefits as additional compensation. Are the
     plant closing benefits considered additional compensation for EUC08
     purposes?
     Answer: Yes. These benefits meet the definition of “additional
     compensation” in Attachment A to UIPL No. 23-08, that is, “compensation
     totally financed by a state and payable under a state law by reason of high
     unemployment or other special factors.” (Emphasis added.) The “special
     factor” here is that these benefits are paid for plant closings. As “additional
     compensation,” these benefits are excluded from use in the calculation of
     EUC08 monetary entitlement. Further, EUC08 may be paid prior to these
     benefits, because Section 4001(b)(2) of the Act does not require, as a
     condition of EUC08 eligibility, exhaustion of additional compensation.
7.   Question: May an individual have more than one EUC08 claim?
     Answer: Yes. An individual may establish a claim for EUC08, qualify for a
     new UC benefit year, exhaust that benefit year, exhaust the first EUC08 claim
     and subsequently qualify for a second EUC08 claim based on the new (most
     recent) benefit year.





           Example:
           An individual is determined eligible for EUC08 based on a UC benefit year
           that ended on May 12, 2007. S/he receives 10 weeks of EUC08 prior to the
           calendar quarter change, at which point s/he qualifies for a new UC benefit
           year. Because the individual qualifies for regular UC, EUC08 payments must
           stop.
           The individual exhausts benefits based on his/her new UC benefit year;
           therefore, s/he is again an exhaustee for EUC08 purposes. S/he may collect
           the remaining entitlement on his/her existing (first) EUC08 claim and after
           exhausting these benefits s/he may file a new (second) EUC08 claim based on
           the new (most recent) UC benefit year. The new/most recent benefit year is
           the applicable benefit year for a second EUC08 claim, if the initial claim for
           that second claim is for a week of unemployment ending on or before March
           31, 2009.
E.   Requalifying Requirements for Successive Benefit Years (“Double Dip”)
     Provisions
     1.    Question: State law requires an individual who received UC in a benefit year
           to have had work since the beginning of the benefit year to qualify for a new
           benefit year. How does this “double dip” requirement affect eligibility for
           EUC08?
           Answer: Section 3304(a)(7) of the Federal Unemployment Tax Act (FUTA)
           requires, as a condition of a state’s participation in the federal-state UC
           program, that the state law provide that “an individual who has received [UC]
           during his benefit year is required to have had work since the beginning of
           such year in order to qualify for [UC] in his next [second] benefit year.”
           Where an individual is unable to satisfy this “double dip” requirement, some
           states will nevertheless establish a second benefit year, although the individual
           will have no monetary entitlement on that benefit year until s/he satisfies the
           requirement. Whether or not the state establishes a new benefit year when the
           individual does not satisfy the double dip requirement, an individual is an
           exhaustee and will qualify for EUC08, if otherwise eligible. This follows the
           approach taken in the EB program. (See 20 CFR 615.2(c)(2))
F.   Base Period Employment Requirement
     1.    Question: An individual has covered employment and wages in two states
           and filed a combined wage claim (CWC). Although wages were transferred to
           State A from State B, the individual has established a benefit year based only
           on wages from State A because the base period wages from State B do not
           increase the weekly or maximum benefit amount. Therefore, a CWC was not
           established and State A returned wages to State B. May State A use the wage
           transfer record (TC-IB4) it received from State B as evidence of employment
           and wages in the base period of the claim, which will satisfy the 20-week
           work requirement or its equivalent for EUC08 entitlement?




           Answer: Yes. Section 4001(d)(2)(A) of the Act requires an individual to
           have 20 weeks of full-time insured employment or the equivalent in insured
           wages under the provisions of applicable State law to qualify. It does not
           require all of the employment and wages to have been used in the
           determination of monetary entitlement for the applicable benefit year.
     2.    Question: How is full-time work determined for purposes of the 20-weeks-
           of-work requirement?
           Answer: It is “determined under the provisions of the State law implementing
           Section 202(a)(5) of the Federal-State Extended Unemployment
           Compensation Act of 1970.” (Section 4002(d)(2)(A) of the Act.) This
           requires the state to follow the monetary qualifying requirements that the
           individual meets at least one of the following:
              •   One and one-half times the individual’s high quarter wages;
              •   40 times the most recent weekly benefit amount; or
              •   20 weeks of full-time insured employment as provided by the state’s
                  law. Note: Full-time may not always be defined as 40 hours per week;
                  states will refer to their state law for the definition of “full-time.”
           See 20 CFR 615.4(b) regarding these options.
G.   Seasonal Provisions/Between Terms Denial
     1.    Question: Are employees of educational institutions who are denied regular
           benefits because of the between-and-within terms denial provisions eligible
           for EUC08 during those between-and-within terms periods?
           Answer: No. Section 3304(a)(6)(A) of the Federal Unemployment Tax Act
           (FUTA) requires, as a condition of participation in the federal-state UC
           program, that state law limit the eligibility of individuals based upon services
           performed for educational institutions between and within academic terms.
           With exceptions not relevant here, Section 4001(d)(2) of the Act applies the
           terms and conditions of the state law to claims for EUC08. Therefore, the
           same between and within terms denial provisions of state law apply to EUC08
           claims. Note: Employees of educational institutions who establish a benefit
           year based on non-school wages may qualify for EUC08 between-and-within
           terms after exhausting all UC that is based on their non-school wages. The
           WBA for the EUC08 claim must be based on the non-school wages.
     2.    Question: Under a state’s seasonality provisions, benefits based on seasonal
           wages may be paid only during the normal seasonal period for which the
           seasonal wage credits were earned. Is a seasonal worker, whose monetary
           determination is based solely on seasonal wages and who is ineligible because
           of the seasonality provisions, considered an “exhaustee” for EUC08 purposes?
           Answer: Yes. The EB exhaustion provisions (20 CFR 615.5(b)(2)) regarding
           seasonal workers make seasonal workers potentially eligible as exhaustees




           during the “off” season. The same rule is applicable for EUC08 claims.
H.   Work Search/Job Service Registration Requirements
     1.    Question: Do EB work search requirements apply to EUC08?
           Answer: No. The Act does not apply the EB work search requirements to
           EUC08. Rather, under Section 4001(d)(2) of the Act, the work search
           requirements of state law apply to EUC08.
     2.    Question: Do state law provisions requiring an individual to be able and
           available for work apply to EUC08?
           Answer: Yes. See Section 4001(d)(2) of the Act.
     3.    Question: Is it inconsistent with Federal law for a state to electronically
           reactivate prior work registrations and require the same number of job contacts
           for EUC08 as was required for regular UC?
           Answer: No. Federal law requires this result. Under Section 4001(d)(2) of
           the Act, state law work search and employment service registration
           requirements apply to EUC08 eligibility.
I.   Non-Monetary Issues
     1.    Question: Must states adjudicate any new separation issue(s) that occurred
           after the individual exhausted his or her UC claim?
           Answer: Yes. State must adjudicate separation issues in accordance with
           state law for all EUC08 claims.
     2.    Question: If state law provides for adjudication of all separations from the
           beginning of the base period to the time a claim is filed, does this provision of
           state law apply to EUC08 claims?
           Answer: Yes. See Section 4001(d)(2) of the Act.
     3.    Question: If an individual has satisfied/purged a disqualification, for
           example, disqualifications related to fraud, separation, or refusal of suitable
           work, is s/he eligible for EUC08, if otherwise eligible?
           Answer: Yes. The individual is eligible for EUC08, if all other requirements
           are met.
     4.    Question: Our state assesses penalty weeks for making false statements. An
           otherwise eligible individual must certify for benefits to satisfy this penalty.
           May an individual who is otherwise eligible to file an EUC08 claim use
           EUC08 weeks to satisfy this penalty?
           Answer: Yes, the individual may use EUC08 weeks to satisfy this penalty,
           but will be ineligible for EUC08 during those penalty weeks.
     5.    Question: Our state assesses penalty weeks for false statements and suitable
           work disqualifications. Our penalty is a set number of weeks and the
           individual does not have to certify or be eligible for benefits to “serve” these




           penalty weeks. Would individuals qualify for EUC08 payments during the
           period when they are “serving” these weeks?
           Answer: No. As in the answer above, the individual is ineligible for EUC08
           for the penalty weeks. Where an individual is disqualified for benefits under
           state law, s/he would not qualify for EUC08 until the time period for the
           disqualification has been satisfied/has passed.
J.   EUC08 Benefit Intercept
     1.    Question: Are EUC08 payments subject to child support intercept and
           similar levies and attachments?
           Answer: Yes, but only to the extent that doing so is consistent with federal
           and state law. As explained in UIPL No. 45-89, the Federal “withdrawal
           standard” limits deductions from UC to those authorized or required by
           Federal law. One of the required offsets pertains to child support. Further, the
           terms and conditions of state law apply to EUC08, including intercepts and
           offsets, except where inconsistent with the Act or operating instructions.
     2.    Question: What is the order of priority for deductions of overpayment offset,
           child support, and income taxes?
           Answer: The state will follow the same procedures that apply to regular
           compensation. (See UIPL 17-95, Change 1.)
K.   Overpayments
     1.    Question: May EUC08 benefits be offset to recover state UC overpayments?
           Answer: Yes, if the state has a Cross-Program Overpayment Offset
           Agreement with the Secretary. The state must follow the agreement in
           recovering overpayments.
     2.    Question: Must all offsets from EUC08 be 50 percent even if state law
           requires a 100 percent offset of benefits?
           Answer: No. The Act provides that the 50 percent limit applies only to
           offsets to recover EUC08. It does not apply to offsets of EUC08 to recover
           state UI overpayments.
     3.    Question: May a state apply its own state law waiver provisions to EUC08
           overpayments?
           Answer: A state law’s waiver provision may be applied to non-fraudulent
           EUC08 overpayments if the provision requires the state to determine that (1)
           the payment of EUC08 was without fault on the part of the individual and (2)
           repayment would be contrary to equity and good conscience. (See Attachment
           A to UIPL NO. 23-08, page A-11, # 6(b)(1), Application of State Waiver
           Provision.)
     4.    Question: How should states handle prosecutions of EUC08 fraud
           overpayments?




           Answer: States must pursue EUC08 fraud cases in the same manner as all
           other Federal UC fraud cases are handled. For referrals of fraud cases to the
           U.S. Department of Labor’s Office of Inspector General (OIG), see UIPL No
           29-05.
     5.    Question: Are states required to use only benefit offsets to recover EUC08
           overpayments?
           Answer: No, Section 4004(c)(1) merely authorizes offset against EUC08
           benefits as one method of recovery. “EUC08 overpayment recovery shall be
           enforced by any action or proceeding which may be brought under state or
           Federal law….” See Attachment A to UIPL No. 23-08; page A-13, #
           6(b)(3)(D), Recovery of Overpayments, Section 4005(c) of the Act.
     6.    Question: States are still recovering overpayments from the 2002 Temporary
           Extended Unemployment Compensation (TEUC) program. Is it necessary to
           separately report those 2002 overpayments recovered from any EUC08
           overpayments recovered?
           Answer: Yes. Transactions concerning the 2002 TEUC program should be
           reported separately from EUC08 transactions.
L.   Short-Time Compensation (STC) Program
     1.    Question: May EUC08 be paid to individuals participating in a short-time
           compensation (STC or worksharing) program?
           Answer: Yes. If an individual participating in an STC program is an
           exhaustee for EUC08 purposes and is otherwise eligible, EUC08 must be paid
           to an otherwise eligible individual on the same terms and conditions as apply
           to regular compensation. The payment of EUC08 to STC participants is
           unlikely to occur since STC participants rarely exhaust their UC benefits and
           an individual participating in an STC program whose benefit year has ended
           will have wages that must be used to establish, if possible, a new benefit year
           before any EUC08 is payable.
     2.    Question: When a state law requires regular compensation to be paid to
           individuals participating in an STC program, the criteria for earnings
           deductions from the benefits is based on a percentage of the earnings instead
           of the rules that apply to regular claims. Do the provisions of the state law
           governing STC deductions apply to EUC08? If “yes,” does the state law
           provision that limits the number of weeks payable to STC participants apply to
           an STC participant receiving EUC08?
           Answer: Yes to both questions. EUC08 is to be paid to STC participants
           under the provisions of the state law governing STC.





M.   Extensions for Approved Training
     1.    Question: If a state has a special extension for individuals who exhaust
           regular compensation and are participating in approved training, may EUC08
           be paid to these individuals?
           Answer: Yes. The benefits paid under this special extension are additional
           compensation. Section 4001(b)(2) of the Act does not require exhaustion of
           additional compensation to qualify for EUC08. Therefore, a state may pay
           additional compensation concurrent with, or after, EUC08. See Attachment A
           to UIPL No. 23-08; page A-5, #6, Effect of Additional Compensation
           Eligibility in a State.
N.   Self-Employment Assistance
     1.    Question: May EUC08 be paid to individuals participating in a self-
           employment assistance (SEA) program?
           Answer: No. Since SEA is paid to an individual “in lieu of” regular UC
           (Section 3306(t)(1) of the FUTA), the individual has not exhausted regular
           compensation, until s/he has exhausted SEA. This renders him/her ineligible
           for EUC08, until either SEA is exhausted or, if the individual has stopped
           participating in an SEA program, s/he has exhausted regular compensation.
O.   EUC08 Effect on Trade Readjustment Allowances (TRA)
     1.    Question: The individual exhausted 26 weeks of regular UC on a first benefit
           year and began receiving TRA based on that benefit year. S/he qualified for a
           second benefit year and payment of TRA stopped. The individual has now
           exhausted all benefits available on the second benefit year and meets the
           requirements for EUC08 based on the second benefit year. After exhaustion
           of EUC08, are TRA benefits again payable based on the first benefit year?
           Answer: Yes. If the individual continues to meet all the TRA eligibility
           requirements, TRA payments may resume based on the first benefit year.
     2.    Question: An individual has received 26 weeks of regular UC and 22 weeks
           of basic TRA prior to qualifying for 13 weeks of EUC08. What remaining
           TRA entitlement does the individual have?
           Answer: Under 20 CFR 617.14(a), the TRA MBA is 52 times the TRA
           WBA, minus the total sum of UC to which the individual was entitled. Since
           EUC08 is UC, the 13 weeks of EUC08 is subtracted, along with the 26 weeks
           of regular UC and the 22 weeks of basic TRA already paid. At this point,
           basic TRA entitlement is exhausted; additional TRA may be available to the
           individual if s/he is in training and is otherwise eligible.
     3.    Question: If an individual has received 26 weeks of UC and 26 weeks of
           basic TRA, is the individual entitled to EUC08, if otherwise eligible?
           Answer: Yes. TRA does not reduce the amount of EUC08. Therefore,
           EUC08 is payable to the individual if all other eligibility requirements are met.




           See Attachment A to UIPL No. 23-08; page A-5, #8(a), Trade Readjustment
           Allowances (TRA).
     4.    Question: An individual has been in training for the past year, received 26
           weeks of regular UC, 26 weeks of basic TRA, and 13 weeks of EUC08. Is
           this individual entitled to any weeks of additional TRA?
           Answer: If this individual meets the additional TRA eligibility requirements
           s/he is entitled to additional TRA for any weeks remaining in the fixed 52
           consecutive-week eligibility period. (See 20 CFR 617.3(m) and Training and
           Employment Guidance Letter No. 11-02 page 22)
           Note: EUC08 is not deductible from additional TRA. However, although the
           benefit amount is not reduced, the length of time for which the individual may
           claim additional TRA is reduced if the s/he collects EUC08 during the fixed
           consecutive-week period for which additional TRA is payable.
P.   Interstate Benefits/Combined Wage Claims (CWC)
     1.    Question: Under regular interstate and CWC procedures, when an individual
           is indefinitely disqualified under State A’s law and has sufficient employment
           and wages to qualify under State B’s law, the individual files against State B.
           Using this scenario, an individual has existing benefit years ending on or after
           May 1, 2007, in both State A and State B. If the second claim is indefinitely
           disqualified in State B, may the individual file for EUC08 using the claim in
           State A if, for example, the disqualification in State A could be
           purged/satisfied?
           Answer: No. Only the claim in State B meets the definition of an “applicable
           benefit year” for EUC08 purposes. (See Attachment A to UIPL No. 23-08;
           page A-1, Definitions - #4).
Q.   Claims Filed by Aliens
     1.    Question: What requirements must an alien meet to qualify for EUC08?
           Answer: To qualify for EUC08 for a week, the alien must be authorized to
           work in the United States for that week. The alien’s authorization to work
           must be verified through the System for Alien Verification of Eligibility at
           Social Security Act section 1137(d), which state agencies for regular UC.
           However, if the state has information obtained from the verification made in
           connection with the regular UC claim that the alien’s work authorization
           remains in effect, no additional verification is required until the expiration
           date of his/her qualified alien status is reached.





R.   Application of Worker Profiling and Reemployment Services (WPRS)
     1.    Question: Are individuals filing for EUC08 subject to profiling and selection
           and referral to services under the WPRS program?
           Answer: No. Only individuals filing new initial claims for regular UC must
           be profiled and, as appropriate, selected and referred to services under the
           WPRS program.
S.   EUC08 Relation to Extended Benefits
     1.    Question: If a state in an EB period chooses to pay EB before EUC08, must
           the state pay EUC08 to individuals who have an applicable benefit year for
           EUC08, but not for EB?
           Answer: Yes. The state must pay EUC08 to eligible exhaustees whether or
           not they previously received EB.