Iowa Code r. 871-24.2 - Procedures for workers desiring to file a claim for benefits for unemployment insurance
(1) Filing
a benefit claim.
a. In order to establish a
benefit year during which an individual may receive unemployment benefits, the
individual, once separated from employment, must file an initial claim, verify
their identity, and register for work. The claim may be filed electronically or
by other means prescribed by the department. A claim filed in accordance with
this rule is considered filed as of Sunday of the week in which the claim is
filed.
b. When filing an initial
claim for benefits, an individual must provide the following information to the
department:
(1) The name and complete mailing
address of the individual's last employing unit or employer.
(2) Work history for all employers within the
individual's base period.
(3) The
location of the last job.
(4) The
last day of work.
(5) The reason
for separation from work.
(6)
Certification that the individual is unemployed.
(7) Certification that the individual
registers for work.
(8) The
individual's last occupation.
(9)
Number, full name, social security number, date of birth, and relationship of
any dependents claimed.
1.
"Spouse" is defined as an individual who does not earn more
than $120 in gross wages in one week. The reference week for this monetary
determination is the gross wages earned by the spouse in the calendar week
immediately preceding the claim's effective date.
2.
"Dependent" means an
individual who has been claimed for the preceding tax year on the claimant's
income tax return. The same dependent may not be claimed on two separate
monetarily eligible concurrent established benefit years. An individual may not
claim a spouse as a dependent if the spouse has listed the claimant as a
dependent on a current claim.
(10) The individual's social security number
and alien registration number, if applicable.
(11) Such other information as requested by
the department.
c. All
claimants on an initial claim must state that they are registered for work and
list their principal occupation. A group code will be assigned to the claimant
to control the type of registration that is made. Code assignments are based on
all facts obtained at the time of the claim filing. A group code change can be
made at any time during the benefit year if additional information is obtained
by the agency. The group codes are:
(1) Group
"3" claimants are those "temporarily unemployed" as defined in Iowa Code
section 96.1A(37)
"c." After a period of temporary unemployment, claimants in
this group are reviewed for placement in group "5" or "6."
(2) Group "4" claimants are those individuals
who have left employment in lieu of exercising their right to bump or oust a
fellow employee with less seniority or priority from the fellow employee's job.
Group "4" claimants have only the search for work provision of Iowa Code
section 96.4(3) and
the disqualification provision for failure to apply for or to accept suitable
work of Iowa Code section
96.5(3)
waived. The group "4" code does not apply to weeks claimed under the extended
benefit or federal supplemental compensation programs.
(3) Group "5" claimants are those individuals
who are members of unions, trades, or professionals having their own placement
facilities. Claimants assigned to this group will be registered for work. A
paid-up membership must be maintained, and weekly contact to check for
available work is required. Loss of membership will result in an assignment to
group "6."
(4) Group "6" claimants
are those individuals who do not otherwise meet the qualification group code
"3," "4," or "5." This group must complete and document re-employment
activities, as established by the department.
(5) Group "7" claimants are workers who are
employed on a reduced workweek with an employer who is under a
department-approved voluntary shared work contract. This group pertains to
those individuals who worked full- or part-time and will again work full- or
part-time if the individuals' employment, although temporarily suspended, has
not been terminated. Once the contract expires, claimants in this group are
reviewed for placement in group "3," "4," "5," or "6."
(6) Group "8" claimants are workers who are
part of a federally declared emergency. Once the emergency period expires,
claimants in this group are reviewed for placement in group "3," "4," "5," or
"6."
(7) Nothing in this rule shall
be construed as prohibiting an authorized representative of the department from
requiring claimants for unemployment insurance benefits to avail themselves of
workforce development center referral and counseling services if deemed
beneficial and necessary to obtain prompt reemployment, nor shall anything in
this rule be construed to deny referral or counseling service to claimants for
unemployment insurance benefits.
d. In order to maintain continuing
eligibility for benefits during any continuous period of unemployment, an
individual must report as directed by the department. If the individual has
moved to another locality, the individual may register and report in person at
a workforce development center at the time previously specified for the
reporting.
(1) An individual who files a
weekly continued claim will have the benefit payment automatically deposited
weekly on a debit card specified by the department or to an account specified
by the claimant.
(2) The department
retains the ultimate authority to choose the method of reporting and
payment.
e. After the
initial claim has been filed, the claimant will receive a notice of monetary
eligibility. If the claimant is eligible for benefits, this notice will state
the date on which the benefit year will begin, the amount per week, and the
maximum amount for which the claimant is eligible.
f. No benefit payment is allowed until the
individual claiming benefits has completed a continued claim online or as
otherwise directed by the department.
(1) The
claim must be submitted between 8 a.m. on the Sunday following the Saturday of
the weekly reporting period and not later than close of business on the Friday
following the weekly reporting period.
(2) An individual using the weekly continued
claim system is to personally file the claim on the system unless the
individual is disabled and has received prior approval from the
department.
(3) The claim must
include the following:
1. That the individual
continues the claim for benefits;
2. That except as otherwise indicated, during
the period covered by the claim, the individual was fully or partially
unemployed, earned no gross wages and received no benefits, and was able and
available for work;
3. That the
individual has performed a minimum of four work search activities and
documented and reported each activity to the department.
* At least three of the four work search activities for the purpose of this paragraph shall consist of one of the following:
* Applying for a potential job opening by submitting a resume or application through any of the following means:
* Online.
* In person.
* Electronic mail.
* Facsimile.
* Mail.
* Completing a civil service examination.
* Additional work search activities for the purpose of this paragraph consist of any of the following:
* Registering with a placement facility of a school or college.
* Interviewing for a job virtually, in person, or at a job fair.
* Attending an employment workshop organized or approved by the department, which may include completing an online or in-person job search workshop, job club, or job search networking meeting.
* Attending a job fair sponsored or approved by the department.
* Attending a scheduled career networking meeting with the department.
* With the assistance and guidance of the department, completing a reemployment plan, which may include completing career direction research or work such as a job search plan or a targeted employer list.
* Participating in job search counseling with a department career planner.
* Attending an appointment with a core program partner
authorized by the federal Workforce Innovation and Opportunity Act,
Public Law
* Participating in online or in-person mock interviews organized or approved by the department.
* Completing career-related assessment approved by the department and reviewed with a department career planner.
4. That the individual understands there are
penalties for false statements in connection with the claim;
5. That the individual has reported any job
offer received during the period covered by the claim;
6. That the individual understands the
individual's responsibility to review the claim records to ensure there is no
delay in filing the weekly claim to remain in continuous reporting status.
Failure to file claims each week will require a claimant to submit a claim
application to reactivate the claim;
7. Other information required by the
department.
g.
Effective starting date for the benefit year.
(1) Filing for benefits is effective as of
Sunday of the current calendar week in which, subsequent to the individual's
separation from work, an individual files a claim for benefits.
(2) The claim may only be backdated prior to
the first day of the calendar week in which the claimant does report and file a
claim if the claimant filed an interstate claim against another state that has
been determined as ineligible.
(3)
When the benefit year expires on any day but Saturday, the effective date of
the new claim is the Sunday of the current week in which the claim is filed
even though it may overlap into the old benefit year up to six days. However,
backdating is not allowed at the change of a calendar quarter if the backdating
would cause an overlap of the same quarter in two base periods. When the
overlap situation occurs, the effective date of the new claim may be postdated
up to six days. If the claimant has benefits remaining on the old claim, the
claimant may be eligible for benefits for that period by extending the old
benefit year up to six days.
h. An individual is entitled to partial
benefits for partial unemployment as per Iowa code section
96.1A(37)
"b." If the individual has been placed on reduced employment
the individual may be entitled to partial benefits and should file a claim in
accordance with the instructions pertaining to the partial claims
procedure.
i. Any individual who is
disqualified for benefits because of the individual's failure to report may
appeal to the department for the right to establish good cause for failure to
report because of extraordinary circumstances. A representative of the
department may deny the request, and the decision may be appealed to an
administrative law judge for a hearing and decision on the merits. If the
petition is allowed, the petitioner will be allowed to file a claim for and
receive full benefits for each week for which such claim is filed, if otherwise
eligible.
(2) Filing a
claim for unemployment insurance benefits (not applicable to interstate
claims).
a. A notice of claim filing, which
includes the name and social security number of the individual claiming
benefits, will be sent to each base period employer on record and the last
employer if different than the base period employer unless the separation issue
has previously been adjudicated.
b.
Even though the claims taker may believe that the claimant cannot meet the
eligibility conditions established by statute, the claims taker will in no
instance refuse to accept a claim from any unemployed individual. If the
claimant elects to file a claim, even though the claimant's eligibility may be
questionable, the claim will be accepted without hesitance. The claimant may be
required to provide adequate proof of identification such as a driver's
license, proof of citizenship, car registration, union membership card or
supply personally identifying information.
c. If a claim filed in a previous quarter was
ineligible because of no wage records or lack of qualifying earnings, a benefit
year has not been established and a new claim will be taken. A new claim should
not be taken if the claimant previously filed an ineligible claim in the same
quarter unless the claimant insists on filing after being advised of
ineligibility. The claims taker will notify the claimant that another claim
filed in the same quarter would also be ineligible because additional wage
credits (if any) would not be available until a subsequent quarter. The
claimant should be advised to file a new claim during the first full week of
the next calendar quarter.
d. If
the check of the files does not disclose a previous claim and the claimant
states that a claim has not been filed during the past year, a new claim will
be taken.
e. Partially unemployed
claims.
(1) A partially unemployed individual
will:
1. File a claim for benefits in the same
manner as an initial claim for unemployment insurance.
2. Report all wages that are earned for each
week benefits are claimed.
(2) A claimant in a continuous reporting
status, employed with the same employer, may exceed the claimant's weekly
benefit amount plus $15 for four consecutive weeks before the individual is
required to file an additional claim for benefits.
f. If the check of the files does not
disclose a monetarily valid claim in another state, a new claim will be
taken.
(3) Filing a claim
for unemployment insurance benefits (interstate only).
a. All interstate claimants must file an Iowa
claim.
b. When the department is
acting as an agent for another state unemployment insurance agency with respect
to the filing of an initial claim for benefits, the interstate claimant must
complete and file an Initial Interstate Claim unless otherwise directed by the
interstate handbook for interstate claims-taking provided by the Employment and
Training Administration of the United States Department of Labor.
(4) Cancellation of unemployment
insurance claim.
a. An individual may direct a
request for cancellation of an unemployment insurance claim to the benefits
bureau of the unemployment insurance services division. The statement must
include the specific reason for the request and contain as much pertinent
information as possible so that a decision can be made. A notice with the
result of the request will be sent.
b. A cancellation request that is the result
of employer coercion or intimidation will be denied and the employer may be
subjected to serious misdemeanor charges.
c. If a cancellation request is received
within the ten-day protest period and before payment is made, the benefits
bureau may upon review cancel the claim for the following reasons:
(1) The individual found employment or
returned to regular employment within the protest period.
(2) Cancellation would allow the individual
to refile at the change of a calendar quarter to obtain an increase in the
weekly or maximum benefit amount or the individual would receive more
entitlement from another state.
(3)
The individual filed a claim in good faith under the assumption of being
separated and no actual separation occurred.
(4) The individual did not want to establish
a benefit year because of eligibility for a low weekly or maximum benefit
amount.
d. Other valid
reasons for cancellation whether or not ten-day protest period has expired.
(1) The individual has an unexpired
unemployment insurance claim in another state and is eligible for a remaining
balance of benefits.
(2) The
individual received erroneous information regarding entitlement or eligibility
to unemployment insurance benefits from an employee of the
department.
(3) The individual has
an unexpired railroad unemployment insurance claim with a remaining benefit
balance that was filed prior to the unemployment insurance claim.
(4) The individual exercises the option to
cancel a combined wage claim within the ten days allowed by federal
regulation.
(5) The individual has
previously filed a military claim in another state or territory. Wages
erroneously assigned to Iowa must be deleted and an interstate claim
filed.
(6) Federal wages have
previously been assigned to another state or territory or are assignable to
another state or territory under federal regulation. Federal wages erroneously
assigned to Iowa must be deleted and the appropriate type of claim
filed.
(7) If the Iowa wages are
erroneous and deleted, and the wages from one other state were used, the claim
shall be canceled and the wages returned to the transferring state.
e. If a claim is canceled and
becomes final with no appeal being filed, a valid claim with Iowa as the paying
state may not be reestablished with the same effective date.
f. If it is determined a claim has been filed
under an incorrect social security number, the claim will be voided rather than
canceled.
g. All unemployment
insurance claims canceled will be clearly identified as such and the
administrative record of the individual's file shall be destroyed three years
after final action.
This rule is intended to implement Iowa Code sections 96.3(3), 96.3(4), 96.4(1), 96.4(3), 96.5(1) "h,"96.5(3), 96.6(1), 96.6(2), 96.15, 96.16, 96.1A and 96.20.
Notes
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