Disaster Unemployment Assistance Benefit Rights

Disaster Unemployment Assistance (DUA) is available if your employment has been lost or interrupted as a direct result of a major disaster. Direct result means an immediate result of the major disaster itself, and not the result of a longer chain of events caused or worsened by the disaster. DUA is also available to you if you become the breadwinner, or major support, due to the death of the head of the household as a direct result of the disaster.

Based on a request by the Governor, the President of the United States must declare a major disaster in the state, define the areas and authorize payments of benefits under the DUA program. Announcements will be made by the news media in the disaster area advising that DUA is available, and how and when you must file for benefits.

You shall not be eligible for DUA, if you have already established an unemployment insurance (UI) benefit year before the disaster occurred and have not exhausted regular and/or extended benefits to which you are entitled.

Proof of Employment - Required

Proof to substantiate employment or self-employment or proof to substantiate work was to begin on or after the date of the disaster is required. If the Texas Workforce Commission (TWC) has no proof of your employment and you have provided no proof at the time of filing, you have 21 calendar days from the time you filed your application for DUA to meet this requirement. Failure to submit this documentation within the 21 days will result in your being ineligible for DUA and any benefits already paid will be overpaid.

Acceptable proof of employment and wages may include: an individual income tax return for the previous calendar year, business financial statements, pay stubs/vouchers, trip tickets, crop elevator receipts/credits.

General Requirements

In order to be eligible for DUA, you must meet the following eligibility requirements:

1. Your unemployment must have been caused as a direct result of the disaster, thereby stopping/reducing your principal source of income/livelihood, and
2. You must live in, work in or travel through the disaster area, and
3. You must file an application for DUA within 30 days of the date that the Texas Workforce Commission announces the availability of DUA.

Conditions of Unemployment

One of the following conditions of unemployment or inability to perform services if self-employed must have occurred as a direct result of the disaster:

1. You no longer have a job, or
2. You are unable to reach your place of employment, or
3. You were scheduled to start work, but now do not have a job or you are unable to reach the job, or
4. You became the breadwinner, or major support, because the head of the household died as a direct result of the disaster, or
5. You cannot work because of an illness or injury that you received as a direct result of the disaster.

Reporting and Filing Requirements

Your initial application for DUA must be filed by telephone through one of our seven Texas Tele-Centers.

Your weekly claims must be filed by mail, and

1. You must make an active search for work each week you file a claim unless you are prevented from doing so as a direct result of the disaster, or you are self-employed with definite plans to resume self-employment.
2. You must be able and available for work (unless your injury or illness caused as a direct result of the disaster prevents you from work, or if you are unable to reach your place of employment due to damage as a direct result of the disaster), and
3. You must report gross wages earned for any employment. If you worked for someone and were paid, or if you are entitled to payment for the work, you must report the wages in the week earned. If you are self-employed and received income for services performed, you must report your gross income in the week in which you receive the pay even though you may have performed the service before the disaster began. Self-employed farmers must also report subsidy/price support payments, crop insurance and farm disaster relief (non-DUA) payments.

Weekly Benefit Amount

If you are not a citizen of the United States, you cannot be paid DUA benefits based on services unless you were legally permitted to work in the United States at the time such services were performed. In addition, you must be authorized to work for any week of DUA benefits claimed to be eligible for DUA payments.

Your weekly benefit amount will be based on your gross wages. If you are self-employed, your weekly benefit amount will be based on your net earnings (income) from self-employment. If your wages/earnings qualify you for less than 1/2 the state average unemployment insurance weekly benefit amount (WBA), your WBA may be increased to 1/2 the state average WBA, provided you can show proof of employment. The weekly amount may be reduced if your employment was less than full-time.

Duration of Benefits

The disaster assistance period begins with the first week following the date that the major disaster begins. Your eligibility for DUA benefits will be determined on a week-to-week basis. For each week you file a DUA claim, your reason for being unemployed must be as a direct result of the disaster. DUA benefits may not be paid for any week of unemployment that is more than 26 weeks after the declaration date of the disaster.

Reductions in DUA Weekly Benefits

DUA benefits may be denied or reduced if you begin to receive or are receiving one or more of the following:

1. Benefits or insurance for loss of wages due to illness or disability
2. Supplemental unemployment benefits paid pursuant to a collective bargaining agreement
3. Private income protection insurance
4. Worker's compensation or survivor's benefits if you become the major support of the family as a result of the death of the head of the household because of the disaster
5. Retirement, pension or annuity
6. Earnings from employment or self-employment
7. Subsidy/price support payments, crops insurance and farm disaster relief payments (not to be confused with DUA), provided services were performed

Note: You will not be eligible to receive any DUA benefits if you are entitled to any unemployment compensation under any state or federal law.

Federal Withholding

DUA benefits are subject to federal withholding. You may elect to have federal withholding deducted from your disaster unemployment assistance. You will receive Form 1099-G to file with your income tax return.

Disqualification or Termination of Benefits

You may be disqualified, or your DUA benefits terminated, for the following:

1. You become employed, or
2. You refuse without good cause to accept suitable employment, or
3. You refuse without good cause to accept referral to suitable employment, or
4. You are not able or available for work (except as explained under "Reporting and Filing Requirements"), or
5. You fail to make a search for work (except as explained under "Reporting and filing requirements"), or
6. It is determined that your unemployment is no longer as a direct result of the disaster.

Appeals

Any determination, or redetermination, regarding your eligibility for DUA benefits, or the amount of the entitlement, may be appealed. You must file the appeal within 60 days of the date the determination was mailed to you. You may file an appeal by mail or fax. Be sure to always include your Social Security Number on any and all correspondence you may send to TWC. If you file an appeal, you should continue to file your weekly claim certifications until the issue is resolved or you obtain or resume employment.

If you disagree with the amount of your monetary entitlement, based on a statement of wages, you may present proof of earnings and request a redetermination of your monetary award. This request must be made before the ending date of the disaster assistance period, which is the 26-week period following the date the disaster is declared.

Your Responsibilities

It is your responsibility to give correct answers to any questions asked in regards to your initial and weekly claims for DUA benefits. Failure to furnish requested documents or information might result in benefits being delayed or denied.

All information is subject to verification. DUA benefits are provided through federal funds. Criminal and/or civil penalties for violation of federal and/or state laws will be enforced for willfully making false statement or concealing information to obtain or increase your Disaster Unemployment Assistance (DUA) benefits.

---