Correction to Lost Wages Assistance state guidance

CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                Unemployment Insurance
               ADVISORY SYSTEM                           CORRESPONDENCE SYMBOL
          U.S. DEPARTMENT OF LABOR                       OUI/DFAS
             Washington, D.C. 20210                      DATE
                                                         November 16, 2020


ADVISORY:        UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 27-20,
                 Change 2

TO:              STATE WORKFORCE AGENCIES

FROM:            JOHN PALLASH
                 Assistant Secretary

SUBJECT:         Presidential Memorandum on Authorizing the Other Needs Assistance Program
                 for Major Disaster Declarations Related to Coronavirus Disease 2019 (COVID-
                 19)—Unemployment Insurance (UI) Related Technical Assistance for States
                 Administering Lost Wages Assistance (LWA)

1. Purpose. The purpose of this Unemployment Insurance Program Letter (UIPL) is to provide
   states access to the Federal Emergency Management Agency (FEMA) guidance about the
   LWA program, which may be found at
   https://www.fema.gov/disasters/coronavirus/governments/supplemental-payments-lost-
   wages. With regard to Question 11 in the attachment to UIPL 27-20, Change 1, this UIPL
   provides a correction to and supersedes UIPL 27-20, Change1.


2. Action Requested. The U.S. Department of Labor’s (Department) Employment and
   Training Administration (ETA) requests State Workforce Administrators to provide the
   information contained in this UIPL to appropriate program and other staff in state workforce
   systems.

3. Summary and Background.

        a. Summary – On August 8, 2020, the President signed a Presidential Memorandum
           (PM) instructing the Secretary of Homeland Security, acting through FEMA, to make
           available other needs assistance (ONA) for lost wages in accordance with Section
           408(e)(2) of the Stafford Act (42 U.S.C. § 5174(e)(2)). The Department issued UIPL
           No. 27-20 on August 12, 2020 to provide UI-related technical assistance to states on
           the implementation of LWA program, and UIPL No. 27-20, Change 1 on August 17,
           2020 to respond to questions from states about the LWA program. This UIPL
           responds to additional questions received from states about the LWA program.
           Answers were developed in coordination with FEMA.

        b. Background – LWA is administered by states and territories through a grant
           agreement with FEMA. FEMA does not administer these payments directly to

 RESCISSIONS                                             EXPIRATION DATE
 None                                                    Continuing

           individuals. The states and territories distribute the funds through their UI system, as
           a supplemental payment.

           The PM requires the Secretary of Labor to provide, as appropriate, and consistent
           with applicable law, technical assistance to FEMA and state governors in the
           implementation of LWA programs. As noted above, the Department issued UIPL
           No. 27-20 and UIPL No. 27-20, Change 1 to provide such assistance.

4. Guidance. This UIPL provides states with the link to access the FEMA website for
   information about the LWA program, including Frequently Asked Questions. In addition,
   with regard to the answer to Question 11 in the attachment to UIPL 27-20, Change 1, this
   UIPL provides a correction to and supersedes UIPL 27-20, Change 1. States/territories may,
   consistent with FEMA guidance, continue to issue LWA payments to claimants for the weeks
   they were eligible within the Period of Assistance and in which they submitted timely claims
   during the Period of Assistance, where funding is available. Specifically, states may issue
   these payments after the program is terminated, provided they have funding available within
   the total obligation awarded by FEMA. In addition, with regard to appeals, states/territories
   may pay applicants for weeks within the Period of Assistance following appeals that are
   decided in the applicants’ favor during the Period of Performance if funding is available
   within the total obligation awarded by FEMA.

   For additional information on FEMA’s guidance and Frequently Asked Questions, please see
   https://www.fema.gov/disasters/coronavirus/governments/supplemental-payments-lost-
   wages-guidelines#grant-closeout.

5. Inquiries. States should direct inquiries regarding LWA to fema-
   [email protected]. States may direct inquiries regarding the intersection of LWA
   with unemployment benefit programs to [email protected].

6. References.

      Coronavirus Aid, Relief, and Economic Security (CARES) Act (Pub. L. 116-136),
       including Title II Subtitle A Relief for Workers Affected by Coronavirus Act;
      Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
       seq.);
      Presidential Memorandum, Authorizing the Other Needs Assistance Program for Major
       Disaster Declarations Related to Coronavirus Disease 2019, issued August 8, 2020;
      UIPL 27-20, Presidential Memorandum on Authorizing the Other Needs Assistance
       Program for Major Disaster Declarations Related to Coronavirus Disease 2019
       (COVID19)—Unemployment Insurance (UI)-Related Technical Assistance for States
       Administering Lost Wages Assistance (LWA), issued August 12, 2020,
       https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=7859;
      UIPL No. 27-20, Change 1, Presidential Memorandum on Authorizing the Other Needs
       Assistance Program for Major Disaster Declarations Related to Coronavirus Disease
       2019 (COVID19)—Unemployment Insurance (UI) Related Technical Assistance for

       States Administering Lost Wages Assistance (LWA) Questions and Answers, issued
       August 17, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=4387;
      Grants.gov Application at https://www.grants.gov/web/grants/view-
       opportunity.html?oppId=328611; and
      FEMA Website at https://www.fema.gov/disasters/coronavirus/supplemental-payments-
       lost-wages.

7. Attachment(s). None