(a) Determination of initial application. (1) The State agency shall
promptly, upon the filing of an initial application for DUA, determine
whether the individual is eligible, and if the individual is found to be
eligible, the weekly amount of DUA payable to the individual and the
period during which DUA is payable.
(2) An individual's eligibility for DUA shall be determined, where a
reliable record of employment, self-employment and wages is not
obtainable, on the basis of an affidavit submitted to the State agency
by the individual, and on a form prescribed by the Secretary which shall
be furnished to the individual by the State agency.
(b) Determinations of weekly applications. The State agency shall
promptly, upon the filing of an application for a payment of DUA with
respect to a week of unemployment, determine whether the individual is
entitled to a payment of DUA with respect to that week, and, if
entitled, the amount of DUA to which the individual is entitled.
(c) Redetermination. The provisions of the applicable State law
concerning the right to request, or authority to undertake,
reconsideration of a determination pertaining to regular compensation
under the applicable State law shall apply to determinations pertaining
to DUA.
(d) Notices to individual. The State agency shall give notice in
writing to the individual, by the most expeditious method, of any
determination or redetermination of an initial application, and of any
determination of an application for DUA with respect to a week of
unemployment which denies DUA or reduces the weekly amount initially
determined to be payable, and of any redetermination of an application
for DUA with respect to a week of unemployment. Each notice of
determination or redetermination shall include such information
regarding the determination or redetermination and notice of right to
reconsideration or appeal, or both, as is furnished with written notices
of determination and written notices of redeterminations with respect to
claims for regular compensation.
(e) Promptness. Full payment of DUA when due shall be made with the
greatest promptness that is administratively feasible.
(f) Secretary's Standard. The procedures for making determinations
and redeterminations, and furnishing written notices of determinations,
redeterminations, and rights of appeal to individuals applying for DUA,
shall be consistent with this part and with the Secretary's ``Standard
for Claim Determinations--Separation Information,'' Employment Security
Manual. Part V,
sections 6010 et seq. (Appendix B of this part).
(Approved by the Office of Management and Budget under control number
1205-0051)
(Pub. L. No. 96-511)
[42 FR 46712, Sept. 16, 1977, as amended at 49 FR 18295, Apr. 30, 1984;
55 FR 555, Jan. 5, 1990]
