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Content Last Revised: 7/28/78
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CFR  

Code of Federal Regulations Pertaining to ETA

Title 20  

Employees' Benefits

 

Chapter V  

Employment and Training Administration, Department of Labor

 

 

Part 640  

Standard for Benefit Payment Promptness--Unemployment Compensation


20 CFR 640.1 - Purpose and scope.

  • Section Number: 640.1
  • Section Name: Purpose and scope.

    (a) Purpose. (1) Section 303(a)(1) of the Social Security Act 

requires, for the purposes of title III of that act, that a State 

unemployment compensation law include provision for methods of 

administration of the law that are reasonably calculated to insure the 

full payment of unemployment compensation when determined under the 

State law to be due to claimants. The standard in this part is issued to 

implement section 303(a)(1) in regard to promptness in the payment of 

unemployment benefits to eligible claimants.

    (2) Although the standard applies to the promptness of all benefit 

payments and the criteria apply directly to the promptness of first 

benefit payments, it is recognized that adequate performance is 

contingent upon the prompt determination of eligibility by the State as 

a condition for the payment or denial of benefits. Accordingly, implicit 

in prompt performance with respect to benefit payments is the 

corresponding need for promptness by the State in making determinations 

of eligibility. However, applicable Federal laws provide no authority 

for the Secretary of Labor to determine the eligibility of individuals 

under a State law.

    (b) Scope. (1) The standard in this part applies to all State laws 

approved by the Secretary of Labor under the Federal Unemployment Tax 

Act (section 3304 of the Internal Revenue Code of 1954, 26 U.S.C. 3304), 

and to the administration of the State laws.

    (2) The standard specified in Sec. 640.4 applies to all claims for 

unemployment compensation. The criteria for State compliance in 

Sec. 640.5 apply to first payments of unemployment compensation under 

the State law to eligible claimants following the filing of initial 

claims and first compensable claims.

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