09.32.02.03

.03 Claims for Total Unemployment.

A. Claims Generally. Except as otherwise provided, to file an initial or reopened claim for benefits, an individual shall report as instructed by the Secretary.

B. A claimant who earns gross wages in 1 week equal to or more than the claimant's weekly benefit amount may not file subsequent continued claims for total unemployment, but shall file an initial claim in order to claim subsequent benefits.

C. Initial and Reopened Claims. Except as otherwise provided, the:

(1) Effective date of an initial or reopened claim is the first day of the week in which an individual reports, registers, and files the initial or reopened claim as instructed by the Secretary;

(2) Claimant shall file initial or reopened claims in the manner and time frame prescribed by the Secretary;

(3) Secretary may direct that an initial or reopened claim be filed:

(a) By telephoning an office designated by the Secretary,

(b) By electronic means, to a site designated by the Secretary,

(c) By mailing, by first class mail, required documents to an office designated by the Secretary, or

(d) In person by reporting to an office designated by the Secretary;

(4) Eligibility of an individual for benefits may not be determined until the individual provides a valid Social Security number.

D. Effective Date of Initial and Reopened Claims-----Exceptions. The effective date of an initial or reopened claim may be other than as provided in §C of this regulation in the following situations:

(1) A claim may be backdated when a claimant reports partial earnings for a week before the initial claim, to the Sunday of that week provided the claim is filed not later than:

(a) 30 days immediately following the close of that week, or

(b) 2 weeks after the date the partial wages are paid;

(2) A transitional claim shall be effective the day following the end of the preceding benefit year;

(3) Severe weather conditions exist, as declared by the Secretary;

(4) Clerical error attributable to the Department occurs;

(5) The office to which the claimant is instructed by the Secretary to report is closed for a reason other than that the day is not a working day;

(6) A claim may be backdated when the claimant did not file a claim in reasonable reliance on an invalid agreement to waive, release, or commute the claimant's rights to benefits as prohibited by the Unemployment Insurance Law.

E. Benefit Year.

(1) Except in the case of a transitional claim, the benefit year for a claimant begins with the Sunday of the first week for which the claimant files a valid new claim for benefits. This benefit year continues for 52 weeks.

(2) In the case of a transitional claim, the benefit year begins on the day immediately following the expiration date of the previous benefit year.