Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.2 - Procedures for Workers Desiring to File a Claim for Benefits for Unemployment Insurance

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Section 96.6 of
			 the employment security law of Iowa states that claims for benefits shall be
			 made in accordance with such rules as the department prescribes. The department
			 of workforce development accordingly prescribes:
a. Following separation from work, any
			 individual, in order to establish a benefit year during which the individual
			 may receive benefits because of unemployment, shall file an initial claim for
			 benefits electronically, in person at a local department office, or by other
			 means prescribed by the department and register for work. A claim filed in
			 accordance with this rule shall be deemed 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 such individual's last employing unit or
			 employer including work history for all employers within the individual's base
			 period.
(2) The location of the
			 last job.
(3) Last day of
			 work.
(4) The reason for separation
			 from work.
(5) That such individual
			 is unemployed.
(6) That the
			 individual registers for work.
(7)
			 The individual's last job occupation.
(8) Number, full name, social security
			 number, date of birth, and relationship of any dependents claimed. The identity
			 of an individual identified as a dependent shall be verified by the department
			 before the individual is added to the claim as a dependent. As used in this
			 subparagraph, "dependent" is defined as: spouse, son or daughter of the
			 claimant, or a dependent of either; stepson or stepdaughter; foster child or
			 child for whom claimant is a legal guardian; brother, sister, stepbrother,
			 stepsister; father or mother of claimant or stepfather or stepmother of the
			 claimant; son or daughter of a brother or sister of the claimant (nephew or
			 niece); brother or sister of the father or mother of the claimant (uncle or
			 aunt); son-in-law, daughter-in-law, father-in-law, mother-in-law,
			 brother-in-law, or sister-in-law of the claimant; an individual who lived in
			 the claimant's home as a member of the household for the whole year; cousin.
A "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 shall be the gross wages earned by the spouse in the calendar
				week immediately preceding the effective date of the claim.
A "dependent" means an individual who has been claimed for the
				preceding tax year on the claimant's income tax return. The same dependent
				shall not be claimed on two separate monetarily eligible concurrent established
				benefit years. An individual cannot claim a spouse as a dependent if the spouse
				has listed the claimant as a dependent on a current claim.
(9) The individual's social security number
			 and alien registration number, if applicable.
(10) Such other information as required by
			 the department.
c. All
			 claimants on an initial claim shall state that they are registered for work and
			 shall list their principal occupation. A group code will be assigned to the
			 claimant to control the type of registration that is made. Code assignments
			 will be 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 workers who are
			 employed on a reduced workweek or temporarily unemployed for a period, verified
			 by the department, of four consecutive weeks or less, due to a plant shutdown,
			 vacation, inventory, lack of work or emergency from the individual's regular
			 "employer." This group pertains only to those individuals who worked full-time
			 and will again work full-time if the individuals' employment, although
			 temporarily suspended, has not been terminated. 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 shall 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 shall 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. Contact must be made weekly to check for
			 available work. Loss of membership shall 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 work searches made either
			 in-person, online or by submitting a resume.
(5) Group "7" claimants are workers who are
			 employed on a reduced workweek with an employer who is under voluntary shared
			 work contract approved by the department. 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. Reserved.
e. In order to maintain continuing
			 eligibility for benefits during any continuous period of unemployment, an
			 individual shall report as directed to do so by an authorized representative of
			 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.
(2) The department
			 retains the ultimate authority to choose the method of reporting and
			 payment.
f. After the
			 initial claim has been filed, the claimant will receive from the local office
			 or the administrative office a Form 65-5318, which is a notice of the action
			 taken on the claim, and if such 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.
g. No benefit payment shall be allowed until
			 the individual claiming benefits has completed a continued claim online or as
			 otherwise directed by the department.
(1) The
			 weekly continued claim shall be transmitted not earlier than 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 claiming
			 benefits using the weekly continued claim system shall personally answer and
			 record such claim on the system unless the individual is disabled and has
			 received prior approval from the department.
(3) The individual shall set forth 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, was able to work and available for work;
3. That the individual indicates the number
			 of employers contacted for work, the contact information for each employer
			 contacted, and the result of the contact;
4. That the individual knows the law provides
			 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 individual's claim records to ensure
			 there is no delay in filing the individual's 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.
h. Effective starting date for the benefit
			 year.
(1) Filing for benefits shall be
			 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 which 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 shall not be 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.
i. An individual
			 shall be entitled to partial benefits for any week of less than full-time work,
			 provided the wages earned during such week are less than the individual's
			 weekly benefit earning limit, plus $15. 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.
j.
			 Reserved.
k. 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 shall be allowed to file a claim for and
			 receive full benefits for each week for which such claim is filed, if otherwise
			 eligible.