Attachment B to UIPL No. 33-03

Eligibility Examples

Reversal in TAA/UI Eligibility

Example

Question: Is the claimant an eligible TAA recipient for the month?

Answer: No, the claimant is not an eligible TAA recipient for the month.

Although initially determined eligible for a UI or TRA payment, a disqualification was issued that reversed the earlier eligibility and, furthermore, imposed an indefinite disqualification. (Note: The claimant may later become an eligible TAA recipient and eligible for HCTC after purging the disqualification imposed and meeting all applicable eligibility requirements).

Note: The SWA should have initially reported the claimant as an eligible TAA recipient and then later issued a correction record using the appropriate code to indicate non-eligibility and reversal of the prior record. (This example assumes the claimant was not an eligible TAA recipient during the prior month).

Breaks-in-Training

Section 233(f) of the Trade Act provides that a worker shall be treated as participating in training during any week which is part of a break that does not exceed 14 days (for petitions filed before November 4, 2002) or 30 days (for petitions filed on or after November 4, 2002). The result is that depending on when the break in training occurs, the worker may be potentially HCTC eligible even if the break exceeds the time limitations.

Example 1 - UI Claimant - TRA (eligibility status) suspended

Question: Is the UI claimant an eligible TAA recipient and, if so, does eligibility extend throughout the summer break which is longer than 30 days?

Answer: The claimant is not eligible for TRA for the month of July 2003 and is therefore not an eligible TAA recipient for that month.

Example 2 - TRA Claimant - TRA suspended

Question: Is the claimant an eligible TAA recipient potentially eligible for the HCTC and, if so, does eligibility extend throughout the summer break which is longer than 30 days?

Answer: The claimant would not receive TRA for the month of July and therefore is not an eligible TAA recipient for that month.

Example 3 - UI Claimant (continues eligible TAA recipient status)

Question Is the claimant an eligible TAA recipient potentially eligible for the HCTC and, if so, does eligibility extend throughout the summer break which is longer than 30 days?

Answer: The break in training will not interrupt the claimant's status of "eligible TAA recipient" in this case and the claimant remains potentially eligible for the HCTC.

Example 4 - TRA claimant (continues eligible TAA recipient status)

Question: Is the claimant an eligible TAA recipient potentially eligible for the HCTC and, if so, does eligibility extend throughout the summer break which is longer than 30 days?

Answer: The break in training will not interrupt the claimant’s status of "eligible TAA recipient" in this case and the claimant remains potentially eligible for the HCTC.

60-Day Requirement

Section 231(a) of the Trade Act provides that TRA is payable for any week of unemployment that begins more than 60 days after the date on which the petition that resulted in a certification was filed. Therefore, there is a waiting period before TRA is payable.

The following examples illustrate the application of the 60-day requirement but also highlight how a difference in a few days in the filing of the petition may result in a delay in potential HCTC eligibility by a whole month. The examples apply to eligibility for TRA as well as UI.

Example 1

This individual has exhausted all UI entitlement. However, this worker is not eligible for TRA until the compensable week that begins on Sunday - August 31, 2003, which is the first week that begins more than 60 days after the filing date of the petition that resulted in a certification (and provided he/she meets other eligibility requirements of the Act). Given that the first compensable week begins in August, this worker may be potentially eligible for the HCTC beginning in August but would not be for July.

Assuming the SWA determines week ending 09/06/2003 is payable in September, it would then report this claimant as an eligible TAA recipient for the months of August and September.

Example 2

This individual has exhausted all UI entitlement. However, this worker cannot be eligible for TRA until the compensable week that begins on Sunday September 14, 2003, which is the first week that begins more than 60 days after the filing date of the certification (and provided he/she meets other eligibility requirements of the Act). Given that the first compensable week begins in September, this worker may be potentially eligible for the HCTC beginning in September, but not during July or August.

Assuming the SWA determines week ending 09/20/2003 is payable in September, it would then report this claimant as an eligible TAA recipient for the month of September.

Example 3

The worker would be potentially eligible for TRA if he/she exhausted UI, but not until the week of unemployment that begins more than 60 days after the filing date of the petition that was certified. This worker cannot be potentially eligible for TRA (but for exhaustion of UI) until the compensable week that begins on Sunday, August 31, 2003, which is the first week that begins more than 60 days after the filing date of the certification (and provided he/she meets other eligibility requirements of the Act). Given that the first compensable week begins in August, this worker may be potentially eligible for the HCTC beginning in August, but not for July.

Example 4

The worker would be potentially eligible for TRA if he/she exhausted UI, but not until the week of unemployment that begins more than 60 days after the filing date of the petition that was certified. This worker cannot be potentially eligible for TRA until the compensable week that begins on Sunday, September 14, 2003, which is the first week that begins more than 60 days after the filing date of the petition that was certified (and provided he/she meets other eligibility requirements of the Act). Given that the first compensable week begins in September, this worker may be eligible for HCTC beginning in September, but not during July or August.

Additional Examples

Example 1: An individual is initially determined to be an eligible TAA recipient during the middle of a month.

image shows a calendar of September 2003 with the week of 7 to 13 highlighted. It says a person is informed by the SWA to file the first UI claim for benefits week ending sepember 13 on september 15. On September 23 the SWA determins person filed twice, but only puts through benefit once for coverage month september.

 

Example 2: An individual is initially determined to be an eligible TAA recipient at the first of the month.

image shows a calendar of February 2004 with the first two weeks highlighted. The example is a person eligible to be a TAA recipient the first week of February 2004 and is instructed to file UI claims for benefits for first two weeks of February on February 17th because the state requires people to file every two weeks.  On Sunday February 29th, the individual files for the other two weeks of UI benefits for February.  The SWA would not send a record since a record has already been sent to the IRS HCTC office for the month of February.

 

Example 3: An individual is initially determined to be an eligible TAA recipient at the end of the month during a week that split months.

image shows a calendar of August and September 2004 with August 31 highlighted. It says that SWA determines a person is an eligible TAA recipient beginning August 31st, 2003. SWA informs the person that he needs to file the first week UI claim on September 8 for benefit week ending September 6.

 

Example 4: An individual ceases to be an eligible TAA recipient. The individual is potentially eligible for the additional (carry over) month for the HCTC.

image shows calendars for June and July 2004. It says a person is an eligible TAA recipient and eligible for HCTC but in June 2004 the person receives all his TAA/TRA entitlement - June 2004 is the last month the person is an eligible TAA recipient and the last month SWA will submit an eligible TAA recipient record to the IRS HCTC office for this person). By law the person is potentially eligible for HCTC one additional month after they cease to be eligible for TAA.