§ 65.41. Procedure.

 (a)  Applications for benefits shall be filed on Form UC-42 in local public employment offices, Monday through Friday, unless closed due to a holiday or by official pronouncement.

 (b)  Claimants reporting to file new applications for benefits shall be served and their claims processed on the day they report, or are scheduled to report, regardless of the last digit of their Social Security numbers, unless it is factually determined that rescheduling, within applicable time limits of this section, is deemed necessary by the local office manager for administrative reasons.

 (c)  An application for benefits may be deemed to be constructively filed as of the first day of a calendar week previous to the week which includes the day on which it is actually filed when, in the opinion of the Bureau, the claimant was prevented or persuaded, through no fault of his own, from filing the application because of one of the following reasons; and in each instance the term week or weeks means the calendar week or weeks, Sunday through Saturday.

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

   (2)  The closing of an office due to a holiday or by official pronouncement may permit not more than 2 weeks of predating.

   (3)  The inability of an office to take the claimant’s application on the day on which he reported for the purpose, or the postponement of application taken by the office for administrative reasons may permit not more than 6 weeks of predating.

   (4)  Erroneous advice by his employer that he would be recalled to work within 1 week may permit not more than 2 weeks of predating.

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

 (d)  Notwithstanding the criteria set forth in this section establishing maximum time limitations to and reasons for backdating an application for benefits, and for the purpose of insuring prompt adjudication of each application, the local employment office shall schedule or reschedule claimants, regardless of the last digit of their Social Security numbers, to report on the first local office work day possible within the applicable time limits of this section following the day on which their failure or inability to report was due to a reason specified in this section.

 (e)  An application for benefits may be deemed to be filed as of the first day of a calendar week previous to the week which includes the day on which it is actually filed, when a determination of the eligibility of similarly situated employes under section 402(d) of the law (43 P. S. §  802(d)) is pending, provided that the application is filed within 6 weeks after the determination has become final.

   The provisions of this §  65.41 adopted July 1, 1969; amended October 22, 1971, effective October 23, 1971, 1 Pa.B. 2016; amended September 15, 1972, effective September 16, 1972, 2 Pa.B. 1731; amended March 29, 1974, effective March 30, 1974, 4 Pa.B. 581; amended July 25, 1975, effective July 26, 1975, 5 Pa.B. 1920. Immediately preceding text appears at serial pages (15238) to (15239).

   Backdating

   Where the claimant was misled when job center personnel failed to provide him with the standard notice of the approaching end of his benefit year, it was error not to permit backdating of the claimant’s renewal application. Russell v. Unemployment Compensation Review Board, 812 A.2d 780 (Pa. Cmwlth. 2002).

   Because the unemployment compensation claimant’s backdating of an application for unemployment benefits could not be justified on the basis that the employer misrepresented about eligibility for benefits, claimant’s application was considered untimely. Mitchelree v. Unemployment Compensation Board of Review, 635 A.2d 701 (Pa. Cmwlth. 1993).

   A claimant’s application for Trade Readjustment Assistance (TRA) benefits may not be backdated more than 52 weeks due to misinformation by a State employe unless the misinformation constitutes gross negligence or fraud. Sturni v. Unemployment Compensation Board of Review, 625 A.2d 727 (Pa. Cmwlth. 1993).

   Claimant was not misled by OES in regard to proper reporting requirements and she could not rely on a backdating of an application for benefits. Strichko v. Unemployment Compensation Board of Review, 547 A.2d 496 (Pa. Cmwlth. 1988).

   The failure of §  65.41 to permit predating for incapacitation due to illness or injury is not violative of section 3 of the Unemployment Compensation Law (43 P. S. §  752). Edwards v. Unemployment Compensation Board of Review, 426 A.2d 237 (Pa. Cmwlth. 1981).

   Predating

   Section 65.41(c)(5) bars recovery in the absence of the Bureau’s gross negligence or willful and wanton misrepresentation amounting to fraud. Kear v. Unemployment Compensation Board of Review, 397 A.2d 468 (Pa. Cmwlth. 1979).

   Reporting Requirements

   A conflicting appointment with an employment counselor is not an acceptable reason for not reporting a claim for a week, especially since the applicant could have kept the appointment with the counselor as well as her scheduled appointment at the Bureau’s offices some other time of that day. Seibert v. Unemployment Compensation Board of Review, 403 A.2d 1369 (Pa. Cmwlth. 1979).

   Validity

   Section 65.41(c)(5) is neither unreasonable nor inconsistent with the purposes of the Unemployment Compensation Law. Kear v. Unemployment Compensation Board of Review, 397 A.2d 468 (Pa. Cmwlth. 1979).

   This section cited in 34 Pa. Code §  65.13 (relating to predated claims); and 34 Pa. Code §  65.42 (relating to date of filing).