Subchapter B. PREREQUISITES FOR ELIGIBILITY


REGISTRATION FOR WORK

Sec.


65.11.    Effective period.
65.12.    Registration renewals.
65.13.    Predated claims.
65.14.    Additional information.
65.15.    Claims filed in other states.

OFFERS OF SUITABLE WORK


65.21.    Disqualification for benefits.
65.22.    Applicable rules.

REGISTRATION FOR WORK


Notes of Decisions

   Disqualification

   A claimant may be disqualified from receiving compensation only for those amounts overpaid during those weeks in which the claimant’s failure to disclose income from part-time employment affected the amount of her benefits. Schaeffer v. Unemployment Compensation Board of Review, 467 A.2d 67 (Pa. Cmwlth. 1983).

§ 65.11. Effective period.

 A registration for work created by the actions stated in §  65.1 (relating to definitions) shall continue in effect as follows:

   (1)  For a period of 3 weeks following the date of the valid application for benefits.

   (2)  As long as the claimant continues to file claims for weeks of unemployment ending at intervals of not more than 3 weeks, the first of which claims was for a week ending within the 3 week period following the date of the valid application for benefits.

Source

   The provisions of this §  65.11 adopted July 1, 1969.

§ 65.12. Registration renewals.

 (a)  If, during the claim-filing period, commencing with the date of the valid application for benefits, the interval between claims exceeds 3 weeks, the claimant shall renew his registration for work by appearing at a regularly established public employment office and completing and signing a Notice of Registration Renewal and Request for Separation Information, Form UC-45A.

 (b)  The registration for work resulting from a registration renewal shall continue in effect in the same manner and under the same conditions as a registration for work resulting from an application for benefits.

Source

   The provisions of this §  65.12 adopted July 1, 1969.

§ 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.

Source

   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).

§ 65.14. Additional information.

 Nothing in this subchapter shall be construed to prevent the Department from requiring of a claimant additional information with respect to his work history and occupational aptitudes in a manner and on forms which it may require.

Source

   The provisions of this §  65.14 adopted July 1, 1969.

§ 65.15. Claims filed in other states.

 A claimant, filing claims in another state under the section 312 of the law (43 P. S. §  792), will be considered to have registered for work when he has complied with the registration for work requirements of the state in which he is filing his claim. Registration for work shall continue in effect for the length of time provided by the laws, regulations and procedures of the state in which he is filing his claim.

Source

   The provisions of this §  65.15 adopted July 1, 1969.

OFFERS OF SUITABLE WORK


§ 65.21. Disqualification for benefits.

 In accordance with the provisions of section 402(a) of the law (43 P. S. §  802), an employe shall be ineligible for benefits for any week in which he is unemployed because he has refused without good cause an offer for suitable work made either by the local public employment office or by an employer who notifies the employment office within 7 working days of his offer to the potential employe.

Source

   The provisions of this §  65.21 adopted July 1, 1969; amended December 20, 1974, effective December 21, 1974, 4 Pa.B. 2567. Immediately preceding text appears at serial page (9311).

Notes of Decisions

   Good Cause

   When the employe of a temporary employment agency did not report for her assigned work because she mistakenly believed that the assigned work had been cancelled, she did not have ‘‘good cause’’ for not reporting where she did not call the employment agency to make sure that the assignment had indeed been cancelled. MacDonald v. Unemployment Compensation Board of Review, 333 A.2d 199 (Pa. Cmwlth. 1975).

   Notification by Employer

   It is error to grant compensation to an applicant merely because an employer did not properly notify the Bureau of an employe’s failure to accept a work assignment. MacDonald v. Unemployment Compensation Board of Review, 333 A.2d 199 (Pa. Cmwlth. 1975).

   After the Board determines that an offer of suitable employment was refused, it is without authority, absent a showing of prejudice, to grant compensation merely because the form of the notice of an offer of work by a claimant’s prior employer was defective. General Motors Corp. v. Unemployment Compensation Board of Review, 322 A.2d 762 (Pa. Cmwlth. 1974).

§ 65.22. Applicable rules.

 (a)  With respect to offers of suitable work made by an employer, the following rules apply:

   (1)  A work offer may be considered as suitable irrespective of whether the work is in employment as defined in sections 4 and 402(a) of the law (43 P. S. § §  753 and 802(a)).

   (2)  The notification shall be made to the local public employment office at which the employe has filed or may file an application for benefits or a registration renewal.

   (3)  The offer to the employe may be in writing in which case a carbon copy or an exact duplicate shall be furnished to the employment office within 7 working days after the mailing of the offer. If the employer’s offer is not made in writing, as, for example, where it is made by telephone, the employer shall provide the employment office with a detailed written description of the offer within 7 working days after the making thereof. Regardless of the manner in which the offer is communicated to the employe, it shall include all of the following:

     (i)   The rate of pay and unit of work or period of time which the rate represents.

     (ii)   The scheduled working hours during each day of the week.

     (iii)   The location of the work.

     (iv)   A description of the duties or a generally recognized term covering the duties.

     (v)   An unusual requirement or condition of work.

 (b)  Where the employer who makes the offer has employed the employe after the beginning of the employe’s base year and, in his offer of employment to the employe, states that the conditions of the job are substantially the same as those under which the employe last worked for the employer, the requirements enumerated in subsection (a) are not required to be included.

 (c)  If the job offered the employe is covered under a labor-management agreement and a statement to this effect is made in the offer of employment, no further description will be required.

 (d)  It will be the responsibility of the Department, before issuing a decision on a claim for benefits, to determine on the basis of facts whether the work offer was suitable within the meaning of section 4(t) of the law (43 P. S. §  753(t)).

Source

   The provisions of this §  65.22 adopted July 1, 1969; amended December 20, 1974, effective December 21, 1974, 4 Pa.B. 2567. Immediately preceding text appears at serial pages (9311) and (13479).

Notes of Decisions

   Work Offer

   It is error to grant compensation to an applicant merely because an employer did not properly notify the Bureau of the failure of an employe to accept a work assignment. MacDonald v. Unemployment Compensation Board of Review, 333 A.2d 199 (Pa. Cmwlth. 1975).

   After the Board determines that an offer of suitable employment was refused, it is without authority, absent a showing of prejudice, to grant compensation merely because the form of the notice of an offer of work by a claimant’s prior employer was defective. General Motors Corp. v. Unemployment Compensation Board of Review, 322 A.2d 762 (Pa. Cmwlth. 1974).



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