Subchapter C. APPLICATION PROCEDURE
CLAIMS FOR COMPENSATION Sec.
65.31. [Reserved].
65.32. [Reserved].
65.33. [Reserved].
65.34. [Reserved].
65.35. [Reserved].
APPLICATION FOR BENEFITS AND CLAIMS
FOR COMPENSATION
65.41. Filing methods.
65.42. Application for benefits—effective date.
65.43. Claims for compensation—when to file.
65.43a. Extended filing.
65.44. [Reserved].
65.51. [Reserved].
65.52. [Reserved].
65.53. [Reserved].
65.54. [Reserved].
65.55. [Reserved].
65.56. Withdrawing an application for benefits.
DECISIONS AND DISQUALIFICATIONS
65.61. Opportunity for refutations.
65.62. Duration of disqualification.
65.63. Filing of appeals.
CLAIMS FOR COMPENSATION
§ 65.31. [Reserved].
Source The provisions of this § 65.31 adopted July 1, 1969; amended September 15, 1972, effective September 16, 1972, 2 Pa.B. 1731; amended July 13, 1973, effective July 14, 1973, 3 Pa.B. 1309; reserved February 11, 2011, effective February 12, 2011, applies to claims for compensation filed on or after February 12, 2011, 41 Pa.B. 848. Immediately preceding text appears at serial pages (255865) to (255866).
Notes of Decisions 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 has not complied with the reporting requirements if he is aware of the reporting requirements but only visits the local office informally and irregularly and merely keeps a friend who works at the office apprised of his situation on an informal basis. Zinicola v. Unemployment Compensation Board of Review, 407 A.2d 474 (Pa. Cmwlth. 1979).
§ 65.32. [Reserved].
Source The provisions of this § 65.32 adopted July 1, 1969; amended September 15, 1972, effective September 16, 1972, 2 Pa.B. 1731; amended July 13, 1973, effective July 14, 1973, 3 Pa.B. 1309; reserved February 11, 2011, effective February 12, 2011, applies to weeks of unemployment ending on or after February 12, 2011, 41 Pa.B. 848. Immediately preceding text appears at serial page (255866).
Notes of Decisions Reporting Requirements
A claimant has not complied with the reporting requirements if he is aware of the reporting requirements but only visits the local office informally and irregularly and merely keeps a friend who works at the office apprised of his situation on an informal basis. Zinicola v. Unemployment Compensation Board of Review, 407 A.2d 474 (Pa. Cmwlth. 1979).
Timeliness
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).
§ 65.33. [Reserved].
Source The provisions of this § 65.33 adopted July 1, 1969; 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; reserved February 11, 2011, effective February 12, 2011, applies to weeks of unemployment ending on or after February 12, 2011, 41 Pa.B. 848. Immediately preceding text appears at serial pages (255866) and (337167) to (337168).
Notes of Decisions Conflict
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 offices of the Bureau some other time of that day. Seibert v. Unemployment Compensation Board of Review, 403 A.2d 1369 (Pa. Cmwlth. 1979).
Delay
Claimant was not entitled to 2 weeks of predating pursuant to subsection (a)(5) of this section following the death of claimant’s father, because the regulation gives claimants only a 2-week reprieve to take care of family matters, and did not excuse claimant’s 5-month failure to file for benefits. Ascheim v. Unemployment Compensation Board of Review, 694 A.2d 4 (Pa. Cmwlth. 1997); appeal denied 700 A.2d 443 (Pa. 1997); appeal denied 718 A.2d 786 (Pa. 1998).
Misrepresentation by Employment Office
Claimant failed to meet his burden of showing that he was misled or prevented from filing claims for the weeks at issue, where he admitted that he received and read the unemployment compensation handbook which sets forth the reporting requirements, he assumed on his own that he was no longer eligible for benefits due to the receipt of a pension, and there was no evidence or testimony that anyone connected to the Job Center prevented the claimant from filing claims. Menalis v. Unemployment Compensation Bd. of Review, 712 A.2d 804 (Pa. Cmwlth. 1998).
Because an unemployment compensation claimant’s backdating of an application for unemployment benefits could not be justified on the basis that the employer made misrepresentations about eligibility for benefits, claimant’s application was considered untimely. Mitchelree v. Unemployment Compensation Board of Review, 635 A.2d 701 (Pa. Cmwlth. 1993).
§ 65.34. [Reserved].
Source The provisions of this § 65.34 adopted July 1, 1969; reserved March 29, 1974, effective March 30, 1974, 4 Pa.B. 581. Immediately preceding text appears at serial pages (13481) to (13482).
§ 65.35. [Reserved].
Source The provisions of this § 65.35 adopted July 1, 1969; amended September 15, 1972, effective September 16, 1972, 2 Pa.B. 1731; reserved February 11, 2011, effective February 12, 2011, 41 Pa.B. 848. Immediately preceding text appears at serial page (337168).
APPLICATION FOR BENEFITS AND CLAIMS
FOR COMPENSATION
§ 65.41. Filing methods.
(a) An application for benefits shall be filed by one of the following methods:
(1) Telephoning a UC Office and providing the information required by the Department representative.
(2) Completing the Department’s Internet application and electronically transmitting it to the Department.
(3) Completing the Department’s application form and sending the form to a UC Office by United States Mail or transmitting the form to a UC Office by facsimile machine.
(b) A claim for compensation shall be filed by one of the following methods:
(1) Telephoning a UC Office and providing the information required by the Department representative.
(2) Telephoning the Department’s telephone claim system and providing all information required by the system.
(3) Completing the Department’s Internet claim and electronically transmitting it to the Department.
(c) The filing date of an application for benefits or a claim for compensation is:
(1) For applications and claims filed by telephone, the date when the telephone call occurs if the claimant provides the information required by the Department representative or the Department’s telephone claim system.
(2) For applications and claims filed by the Internet, the date indicated on the confirmation page displayed upon completion of the filing process.
(3) For applications and claims filed by United States Mail:
(i) The date of the official United States Postal Service postmark on the envelope, a United States Postal Service Form 3817 (Certificate of Mailing) or a United States Postal Service certified mail receipt.
(ii) If there is no official United States Postal Service postmark, United States Postal Service Form 3817 or United States Postal Service certified mail receipt, the date of a postage meter mark on the envelope.
(iii) If the filing date cannot be determined by any of the methods in subparagraph (i) or (ii), the date recorded by the UC Office when it receives the application or claim.
(4) For applications filed by facsimile machine:
(i) The date of receipt imprinted by the UC Office fax machine.
(ii) If the UC Office fax machine does not imprint a legible date, the date of transmission imprinted by the sender’s fax machine.
(iii) If the filing date cannot be determined by any of the methods in subparagraph (i) or (ii), the date recorded by the UC Office when it receives the application.
Source 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; amended February 11, 2011, effective February 12, 2011, applies to claims for compensation and applications for benefits filed on or after February 12, 2011, 41 Pa.B. 848. Immediately preceding text appears at serial pages (337168) and (297061) to (297062).
Notes of Decisions 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).
Cross References This section cited in 34 Pa. Code § 65.11 (relating to active search for work); and 34 Pa. Code § 65.43a (relating to extended filing).
§ 65.42. Application for benefits—effective date.
An application for benefits is effective on the first day of the calendar week in which the application is filed or deemed filed in accordance with § 65.43a (relating to extended filing), whichever is earlier.
Source The provisions of this § 65.42 adopted July 1, 1969; amended March 29, 1974, effective March 30, 1974, 4 Pa.B. 581; amended February 11, 2011, effective February 12, 2011, applies to applications for benefits filed on or after February 12, 2011, 41 Pa.B. 848. Immediately preceding text appears at serial pages (297062) to (297063) and (259499).
§ 65.43. Claims for compensation—when to file.
A claimant shall file a claim for compensation for a week no later than the last day of the second week after the end of the week claimed.
Authority The provisions of this § 65.43 amended under section 201(a) of the Unemployment Compensation Law (43 P.S. § 761(a)).
Source The provisions of this § 65.43 adopted July 1, 1969; amended February 11, 2011, effective February 12, 2011, applies to weeks of unemployment ending on or after February 12, 2011, 41 Pa.B. 848; amended June 4, 2021, effective June 5, 2021, 51 Pa.B. 3099. Immediately preceding text appears at serial page (403129).
Notes of Decisions Places
The provisions of § 65.43 authorize the Bureau to provide for receiving applications and registrations in places other than public employment offices, but do not empower a claimant to determine where his weekly reporting and filing are to be done or which public employment office he will use for that purpose. Regoli v. Unemployment Compensation Board of Review, 427 A.2d 1275 (Pa. Cmwlth. 1981).
Cross References This section cited in 34 Pa. Code § 65.43a (relating to extended filing).
§ 65.43a. Extended filing.
(a) For a week in which a claimant was employed less than his full time work, the claimant shall file a claim for compensation not later than the last day of the second week after the employer paid wages for that week. If the earliest week for which a claim for compensation is filed in accordance with this subsection precedes the week in which the claimant’s application for benefits is filed or deemed filed, as determined without regard to this subsection, the Department will deem the application to be filed during the earliest week for which a claim is filed.
(b) If a determination regarding the eligibility of claimants under section 402(d) of the law (43 P. S. § 802(d)) is issued, similarly situated claimants shall file claims for compensation for weeks during the work stoppage not later than the last day of the 6th week after the determination becomes final. If the earliest week for which a claim for compensation is filed in accordance with this subsection precedes the week in which the claimant’s application for benefits is filed or deemed filed, as determined without regard to this subsection, the Department will deem the application to be filed during the earliest week for which a claim is filed.
(c) The Department will deem an application for benefits to be filed prior to the week in which it actually is filed if the claimant did not file the application earlier for a reason listed in subsection (e). The Department will deem the application to be filed during the week that precedes the week of actual filing by the number of weeks indicated in subsection (e).
(d) If a claimant fails to file a claim for compensation within the time allowed in subsection (a) or (b) or § 65.43 (relating to claims for compensation—when to file), for a reason listed in subsection (e), the time for filing the claim is extended for the number of weeks indicated in subsection (e).
(e) For purposes of subsections (c) and (d) the number of weeks is determined as follows:
Reason Number of
weeksThe Department suspends accepting filings or is unable to handle all filings, due to an excessive volume of telephone calls or other reasons. 6 The claimant attempts to file by telephone, Internet or fax transmission in accordance with § 65.41 (relating to filing methods), the method used to attempt to file is unavailable or malfunctions, and the attempt to file occurs on the last day that the claimant could timely file by the method used 2 A UC Office fails to accept a filing as a result of error or mistake by the Department. 52 Sickness or death of a member of the claimant’s immediate family or an act of God. 2 Other, if the claimant makes all reasonable and good faith efforts to file timely but is unable to do so through no fault of the claimant. 2 During the period following the issuance of the March 6, 2020 Proclamation of Emergency Disaster, issued under 35 Pa.C.S. § 7301 (relating to general authority of Governor), due to the novel coronavirus (COVID-19) global pandemic, until the end of the current ‘‘high unemployment’’ period, as that term is defined in section 405-A(a.1)(2) (43 P.S § 815(a.1)(2)). 52 (f) If a claimant fails to file a claim for compensation within the time allowed in subsection (a) or (b) or § 65.43 due to the claimant’s illness or injury, the time for filing the claim is extended until the last day of the second week after the incapacity ends.
(g) The Department will deem an application for benefits to be filed no more than 2 weeks prior to the week in which it actually is filed if the claimant did not file the application earlier because an employer erroneously advised the claimant that the claimant would be recalled to work within 1 week.
(h) If two or more of the reasons enumerated in subsections (e) and (f) have prevented a claimant from filing a claim for compensation within the time allowed in subsection (a) or (b) or § 65.43, the longest extension applies. If adherence to the longest extension would be inequitable to the claimant, the sum of the applicable extensions applies.
(i) Notwithstanding any provision of this section, the Department may not extend the time for filing a claim for compensation more than 52 weeks and may not deem an application for benefits to be filed in a week included in a previous benefit year.
Authority The provisions of this § 65.43a amended under section 201(a) of the Pennsylvania Unemployment Compensation Law (43 P.S. § 761(a)), section 204(3) of the Commonwealth Documents Law (45 P.S. § 1204(3)) and section 6(d) of the Regulatory Review act (71 P.S. § 745.6(d)).
Source The provisions of this § 65.43a adopted February 11, 2011, effective February 12, 2011, applies to applications for benefits filed on or after February 12, 2011, 41 Pa.B. 848; amended November 6, 2020, effective November 7, 2020, 50 Pa.B. 6204. Immediately preceding text appears at serial pages (368141) to (368142) and (374945).
Notes of Decisions
[A] claimant must merely demonstrate that an immediate family member is sick or has died to be eligible for extended filing under Section 65.43a(e) of the regulations. . . . [A] claimant does not need to establish that the sickness or death of an immediate family member actually prevented the claimant from filing an application or claim for benefits at an earlier date when seeking backdating under subsection (e).
Falcone v. UCBR, 72 A.3d 301, 305 (Pa. Cmwlth. 2012).
‘‘Unlike Section 65.43a(e) of the regulations, in order for the provisions of Section 65.43a(h) to apply, a claimant must establish that the proffered reason actually prevented the claimant from filing.’’ Falcone v. UCBR, 72 A.3d 301, 306 (Pa. Cmwlth. 2012).
§ 65.44. [Reserved].
Source The provisions of this § 65.44 adopted July 1, 1969; reserved February 11, 2011, effective February 12, 2011, 41 Pa.B. 848. Immediately preceding text appears at serial page (259499).
§ 65.51. [Reserved].
Source The provisions of this § 65.51 adopted July 1, 1969; reserved September 17, 1976, effective September 18, 1976, 6 Pa.B. 2279. Immediately preceding text appears at serial page (27683).
§ 65.52. [Reserved].
Source The provisions of this § 65.52 adopted January 14, 1972, effective January 15, 1972, 2 Pa.B. 59; reserved September 17, 1976, effective September 18, 1976, 6 Pa.B. 2279. Immediately preceding text appears at serial page (27683).
§ 65.53. [Reserved].
Source The provisions of this § 65.53 adopted January 14, 1972, effective January 15, 1972, 2 Pa.B. 59; reserved September 17, 1976, effective September 18, 1976, 6 Pa.B. 2279. Immediately preceding text appears at serial page (27683).
§ 65.54. [Reserved].
Source The provisions of this § 65.54 adopted January 14, 1972, effective January 15, 1972, 2 Pa.B. 59; reserved September 17, 1976, effective September 18, 1976, 6 Pa.B. 2279. Immediately preceding text appears at serial page (27683).
§ 65.55. [Reserved].
Source The provisions of this § 65.55 adopted July 1, 1969; reserved September 17, 1976, effective September 18, 1976, 6 Pa.B. 2279. Immediately preceding text appears at serial page (27684).
§ 65.56. Withdrawing an application for benefits.
(a) A claimant may request to withdraw an application for benefits and cancel the corresponding benefit year only if the following requirements are met:
(1) If benefits are paid to the claimant pursuant to the application or benefits otherwise payable to the claimant pursuant to the application are used to recoup an overpayment of benefits, the claimant’s request to withdraw the application and cancel the corresponding benefit year is made no later than one of the following:
(i) Fifteen days after the Department issues the first payment of benefits or first uses benefits otherwise payable to recoup an overpayment.
(ii) Forty-five days after the Department issues the first payment of benefits or first uses benefits otherwise payable to recoup an overpayment, if the claimant is withdrawing the application and canceling the corresponding benefit year in order to file an application under the unemployment compensation law of another state or the Federal government.
(2) All benefits paid to the claimant pursuant to the application, if any, are repaid.
(3) If benefits otherwise payable to the claimant pursuant to the application are used to recoup an overpayment of benefits, the amount owed on the overpayment is restored to the amount owed prior to recoupment.
(4) The claimant has not been disqualified for benefits under sections 3, 402(a), 402(b), 402(e), 402(e.1) or 402(h) of the law or, if the claimant has been disqualified under any of those sections, the disqualification is terminated under section 401(f) of the law (43 P. S. § 801(f)) or § 65.62 (relating to duration of disqualification).
(b) A request to withdraw an application for benefits and cancel the corresponding benefit year is not effective until the Department approves it. The Department will deny a request to withdraw an application for benefits and cancel the corresponding benefit year if the requirements of this section are not met or good cause exists to disapprove the request.
(c) For purposes of this section, benefits paid to a claimant include amounts deducted from the claimant’s benefits and paid on the claimant’s behalf, including without limitation deductions for income tax withholding and support.
DECISIONS AND DISQUALIFICATIONS
§ 65.61. Opportunity for refutations.
The Bureau will not issue a decision invalidating a claim until the claimant has been given an opportunity to refute any alleged facts or circumstances which are being considered as a basis for invalidating his claim.
Source The provisions of this § 65.61 adopted July 1, 1969.
§ 65.62. Duration of disqualification.
(a) A claimant who has been determined ineligible for compensation under section 402(a) of the law (43 P. S. § 802(2)) shall remain ineligible for compensation until he obtains subsequent employment which is not of a temporary or casual nature.
(b) When a claimant has been declared ineligible because of a refusal of temporary or casual employment, the ineligibility shall continue only for the period of time that work would have been furnished.
(c) A claimant who has been determined ineligible for compensation under the provisions of section 3 of the law (43 P. S. § 752) shall remain ineligible until he has earned, subsequent to the separation from work which was disqualifying under such section, remuneration for services in an amount equal to or in excess of six times his weekly benefit amount.
Source The provisions of this § 65.62 adopted July 1, 1969; amended June 11, 1976, effective June 12, 1976, 6 Pa.B. 1329. Immediately preceding text appears at serial page (9318).
Notes of Decisions Temporary Employment
The limitation on ineligibility provided by subsection (b) applies to claimants who refuse temporary or casual employment opportunities, and does not confer eligibility upon employes disqualified as a matter of law under section 402(b). Awarding this claimant benefits would be advocating a system under which any employe could quit employment and still be eligible to receive compensation benefits by establishing a future departure date despite leaving employment in advance of that date. Thus, a law student who knowingly enters into a temporary part-time employment arrangement with a law firm, voluntarily leaves that employment prior to the end of the specified period to study for exams, fails to request extension of the letter agreement or to seek regular full-time employment with the law firm upon graduation, does not fall within the class of employes the legislature intended to protect. Evans v. Unemployment Compensation Board of Review, 665 A.2d 548 (Pa. Cmwlth. 1995).
Employe who refuses to report to an interview for temporary employment because the employe was only interested in permanent employment has, without good cause, failed to pursue a referral of suitable employment and, under subsection (b), is ineligible to receive unemployment benefits for the entire period of time such temporary work would have been furnished. Raffaele v. Unemployment Compensation Board of Review, 465 A.2d 85 (Pa. Cmwlth. 1983).
Voluntary Termination
Employe who voluntarily terminated a permanent job to seek treatment for nerves was not eligible for benefits. Weaver v. Unemployment Compensation Board of Review, 544 A.2d 554 (Pa. Cmwlth. 1988).
Cross References This section cited in 34 Pa. Code § 65.56 (relating to withdrawal an application for benefits).
§ 65.63. Filing of appeals.
Appeals filed under the provisions of section 501(e) of the law (43 P. S. § 821(e)) and further appeals filed under the provisions of section 502 of the law (43 P. S. § 822) shall be filed in accordance with Chapter 101 (relating to general requirements).
Source The provisions of this § 65.63 adopted July 1, 1969; amended February 11, 2011, effective February 12, 2011, 41 Pa.B. 848. Immediately preceding text appears at serial page (296493).
Cross References This section cited in 34 Pa. Code § 63.23 (relating to unacceptable reasons).
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