§ 65.13. Predated claims.

 (a)  Registration renewals may be predated for the same reasons and the same periods of time permitted for an application for benefits, as provided by § §  65.41—65.43 (relating to procedure; date of filing; and places of filing).

 (b)  If an application for benefits, a registration renewal or a claim for a week of unemployment filed by a claimant is predated for any reason given in this subsection, the requirement that the claimant is registered for work will be waived for the number of weeks specified for the applicable reason, or for the total of the specified number of weeks for the applicable reasons where there is a combination of more than one reason and in each instance the term week means the calendar week, Sunday through Saturday, immediately preceding the week, which includes the day on which the application for benefits, registration renewal or claim was actually filed:

   (1)  The inaccessibility of the local public employment office, or the infrequency of the periodic itinerant service established for the area in which the claimant is filing his application or claim, shall permit a waiver of not more than 2 weeks.

   (2)  The closing of an office due to a Sunday or holiday shall permit a waiver of not more than 2 weeks.

   (3)  The inability of the office to take the claimant’s application or claim on the day he reported for that purpose or the postponement of application or claims taken by the office for administrative reasons shall permit a waiver of not more than 6 weeks.

   (4)  The refusal of the office to accept the application or claim as a result of an error or mistake shall permit a waiver of not more than 52 weeks.

   (5)  Pending determination of the eligibility of similarly situated employes under section 402(d) of the law (43 P. S. §  802(d)) if the application or claim is filed within 6 weeks after the determination has become final.

   (6)  The claimant’s failure to file an application for benefits or registration renewal due to erroneous advice by his employer that he would be recalled to work within 1 week shall permit a waiver for not more than 2 weeks.

   (7)  The claimant’s failure to file a claim for a week of unemployment due to sickness of the claimant, a sickness or death of another member of the claimant’s family, or an act of God shall permit a waiver for not more than 2 weeks.

   (8)  The claimant’s failure to file a claim for a week of unemployment if the claimant became employed shall permit a waiver for not more than 4 weeks.

   (9)  If the claimant files for a week of partial unemployment a waiver for that week shall be permitted regardless of when the claim is actually filed.

 (c)  The period of time during which the registration for work is waived may not exceed the period of time by which the application for benefits, registration renewal or claim, was predated, nor may the effective date of the registration for work be a day previous to the date of the application for benefits, registration renewal or the first day of a week of unemployment with respect to which a claim is filed.

   The provisions of this §  65.13 adopted July 1, 1969; amended September 27, 1974, effective September 28, 1974, 4 Pa.B. 2077; amended July 25, 1975, effective July 26, 1975, 5 Pa.B. 1920. Immediately preceding text appears at serial pages (18416) to (18417).