For the purposes of the Act and this part:
(a) Act means sections 410 and 423 of The Robert T. Stafford
Disaster Relief and Emergency Assistance Act (formerly section 407 of
the ``Disaster Relief Act of 1974'', Pub. L. 93-288, 88 Stat. 143, 156,
approved May 22, 1974), 42 U.S.C. 5177, 5189a, as amended by The
Disaster Relief and Emergency Assistance Amendments of 1988, Pub. L.
100-707, 102 Stat. 4689, 4704, 4705, approved November 23, 1988.
(b) Agreement means the Agreement entered into pursuant to the Act,
between a State and the Secretary of Labor of the United States, under
which the State agency of the State agrees to make payments of Disaster
Unemployment Assistance in accordance with the Act and the regulations
and procedures thereunder prescribed by the Secretary.
(c) Announcement date means the first day on which the State agency
publicly announces the availability of Disaster Unemployment Assistance
in the State, pursuant to Sec. 625.17.
(d) Compensation means unemployment compensation as defined in
section 85(b) of the Internal Revenue Code of 1986, and shall include
any assistance or allowance payable to an individual with respect to
such individual's unemployment under any State law or Federal
unemployment compensation
law unless such governmental unemployment compensation program payments
are not considered ``compensation'' by ruling of the Internal Revenue
Service or specific provision of Federal and/or State law because such
payments are based on employee contributions which are not deductible
from Federal income tax liability until the total nondeductible
contributions paid by the employee to such program has been paid or are
not ``compensation'' as defined under paragraph (d)(5) of this section.
Governmental unemployment compensation programs include (but are not
limited to) programs established under: a State law approved by the
Secretary of Labor pursuant to section 3304 of the Internal Revenue
Code, chapter 85 of title 5 of the United States Code, the Railroad
Unemployment Insurance Act (45 U.S.C. 351 et seq.), any Federal
supplementary compensation law, and trade readjustment allowances
payable under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C.
2271 et seq.). ``Compensation'' also includes ``regular compensation'',
``additional compensation'', ``extended compensation'', ``Federal
supplementary compensation'', and ``disability payments'' defined as
follows:
(1) Regular compensation means compensation payable to an individual
under any State law or the unemployment compensation plan of a political
subdivision of a State and, when so payable, includes compensation
payable pursuant to 5 U.S.C. chapter 85 (parts 609 and 614 of this
chapter), but not including extended compensation or additional
compensation.
(2) Additional compensation means compensation totally financed by a
State and payable under a State law by reason of conditions of high
unemployment or by reason of other special factors, and, when so
payable, includes compensation payable pursuant to 5 U.S.C. chapter 85.
(3) Extended compensation means compensation payable to an
individual for weeks of unemployment in an extended benefit period,
under those provisions of a State law which satisfy the requirements of
the Federal-State Extended Unemployment Compensation Act of 1970 (title
II, Pub. L. 91-373; 84 Stat. 695, 708; part 615 of this chapter), as
amended with respect to the payment of extended compensation, and, when
so payable, includes additional compensation and compensation payable
pursuant to 5 U.S.C. chapter 85.
(4) Federal supplementary compensation means supplemental
compensation payable under a temporary Federal law after exhaustion of
regular and extended compensation.
(5) Disability payments means cash disability payments made pursuant
to a governmental program as a substitute for cash unemployment payments
to an individual who is ineligible for such payments solely because of
the disability, except for payments made under workmen's compensation
acts for personal injuries or sickness.
(e) Date the major disaster began means the date a major disaster
first occurred, as specified in the understanding between the Federal
Emergency Management Agency and the Governor of the State in which the
major disaster occurred.
(f) Disaster Assistance Period means the period beginning with the
first week following the date the major disaster began, and ending with
[the 26th week subsequent to the date the major disaster was declared.
(g) Disaster Unemployment Assistance means the assistance payable to
an individual eligible for the assistance under the Act and this part,
and which is referred to as DUA.
(h) Federal Coordinating Officer means the official appointed
pursuant to section 302 of The Robert T. Stafford Disaster Relief and
Emergency Assistance Act, to operate in the affected major disaster
area.
(i) Governor means the chief executive of a State.
(j) Initial application means the first application for DUA filed by
an individual, on the basis of which the individual's eligibility for
DUA is determined.
(k) Major disaster means a major disaster as declared by the
President pursuant to section 401 of The Robert T. Stafford Disaster
Relief and Emergency Assistance Act.
(l) Major disaster area means the area identified as eligible for
Federal assistance by the Federal Emergency Management Agency, pursuant
to a Presidential declaration of a major disaster.
(m) Secretary means the Secretary of Labor of the United States.
(n) Self-employed individual means an individual whose primary
reliance for income is on the performance of services in the
individual's own business, or on the individual's own farm.
(o) Self-employment means services performed as a self-employed
individual.
(p) State means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the United States Virgin
Islands, the Territory of Guam, American Samoa, Commonwealth of the
Northern Mariana Islands, Federated States of Micronesia, Republic of
the Marshall Islands, and the Trust Territory of the Pacific Islands.
(q) State agency means----
(1) In all States except the Territory of Guam, American Samoa,
Commonwealth of the Northern Mariana Islands, Federated States of
Micronesia, Republic of the Marshall Islands and the Trust Territory of
the Pacific Islands, the agency administering the State law; and
(2) In the Territory of Guam, American Samoa, Commonwealth of the
Northern Mariana Islands, Federated States of Micronesia, Republic of
the Marshall Islands and the Trust Territory of the Pacific Islands, the
agency designated in the Agreement entered into by the State.
(r)(1) State law means, with respect to----
(i) The States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and the Virgin Islands, the unemployment
compensation law of the State which has been approved under section
3304(a) of the Internal Revenue Code of 1986 (26 U.S.C. 3304(a)); and
(ii) The Territory of Guam, American Samoa, Commonwealth of the
Northern Mariana Islands, Federated States of Micronesia, Republic of
the Marshall Islands and the Trust Territory of the Pacific Islands, the
Hawaii Employment Security Law.
(2) Applicable State law means, for an individual, the State law of
the applicable State for an individual as provided in Sec. 625.12.
(s) Unemployed worker means an individual who was employed in or was
to commence employment in the major disaster area at the time the major
disaster began, and whose principal source of income and livelihood is
dependent upon the individual's employment for wages, and whose
unemployment is caused by a major disaster as provided in Sec. 625.5(a).
(t) Unemployed self-employed individual means an individual who was
self-employed in or was to commence self-employment in the major
disaster area at the time the major disaster began, and whose principal
source of income and livelihood is dependent upon the individual's
performance of service in self-employment, and whose unemployment is
caused by a major disaster as provided in Sec. 625.5(b).
(u) Wages means remuneration for services performed for another,
and, with respect to a self-employed individual, net income from
services performed in self-employment.
(v) Week means a week as defined in the applicable State law.
(w) Week of unemployment means--
(1) For an unemployed worker, any week during which the individual
is totally, part-totally, or partially unemployed. A week of total
unemployment is a week during which the individual performs no work and
earns no wages, or has less than full-time work and earns wages not
exceeding the minimum earnings allowance prescribed in the applicable
State law. A week of part-total unemployment is a week of otherwise
total unemployment during which the individual has odd jobs or
subsidiary work and earns wages not exceeding the maximum earnings
allowance prescribed in the applicable State law. A week of partial
unemployment is a week during which the individual works less than
regular, full-time hours for the individual's regular employer, as a
direct result of the major disaster, and earns wages not exceeding the
maximum earnings allowance prescribed by the applicable State law.
(2) For an unemployed self-employed individual, any week during
which the individual is totally, part-totally, or partially unemployed.
A week of total unemployment is a week during which
the individual performs no services in self-employment or in an
employer-employee relationship, or performs services less than full-time
and earns wages not exceeding the minimum earnings allowance prescribed
in the applicable State law. A week of part-total unemployment is a week
of otherwise total unemployment during which the individual has odd jobs
or subsidiary work and earns wages not exceeding the maximum earnings
allowance prescribed in the applicable State law. A week of partial
unemployment is a week during which the individual performs less than
the customary full-time services in self-employment, as a direct result
of the major disaster, and earns wages not exceeding the maximum
earnings allowance prescribed by the applicable State law, or during
which the only activities or services performed are for the sole purpose
of enabling the individual to resume self-employment.
(3) If the week of unemployment for which an individual claims DUA
is a week with respect to which the individual is reemployed in a
suitable position or has commenced services in self-employment, that
week shall be treated as a week of partial unemployment if the week
qualifies as a week of partial unemployment as defined in this
paragraph.
[42 FR 46712, Sept. 16, 1977, as amended at 55 FR 554, Jan. 5, 1990; 56
FR 22805, May 16, 1991]
