Wash. Admin. Code § 192-240-070

Current through Register Vol. 24-21, November 1, 2024

Section 192-240-070 - What happens if I am paid emergency or extended benefits when I am eligible for a new unemployment claim?

If you are paid pandemic unemployment assistance established under Sec. 2102 of Public Law No. 116-136, as amended, emergency unemployment compensation (which includes pandemic emergency unemployment compensation under Sec. 2107 of Public Law No. 166-136, as amended), state extended benefits, or any similar state or federal extension, and it is later discovered that you were eligible for a regular unemployment claim during all or part of the period in which you received such benefits, the regular unemployment claim takes priority. If you were paid pandemic unemployment assistance, and it is later discovered that you were eligible for pandemic emergency unemployment compensation or extended benefits, a claim for pandemic emergency unemployment compensation or extended benefits takes priority. The balance on your new unemployment claim will be adjusted for any week(s) at issue, meaning those weeks in which you should have received regular unemployment benefits, subject to the following:

(1) Except as provided in subsection (4) of this section, you may not be paid twice for the same week

(2) If your new weekly benefit amount is equal to the amount you were paid for the weeks at issue, the amount you were paid in pandemic unemployment assistance, emergency unemployment compensation or extended benefits will be deducted from the maximum benefits payable on your new claim.

Example: Your previous weekly benefit amount was $500. You received emergency unemployment compensation for eight weeks at this amount when it was discovered you were eligible for a new claim in the amount of $500. The $500 paid for eight weeks will be deducted from the maximum benefits payable on your new claim.

(3) If your new weekly benefit amount is lower than the amount you were paid for the weeks at issue, the amount you were paid in pandemic unemployment assistance, emergency unemployment compensation or extended benefits that is equivalent to the weekly benefit amount on your new claim will be deducted from the maximum benefits payable on your new claim. The difference between the amounts paid in pandemic unemployment assistance, emergency unemployment compensation or extended benefits for the week(s) at issue and the weekly benefit amount on your new claim will be waived as provided in RCW 50.20.190.

Example: Your previous weekly benefit amount was $500. You received emergency unemployment compensation for eight weeks at this amount when it was discovered you were eligible for a new claim in the amount of $350. The $350 for eight weeks will be deducted from the maximum benefits payable on your new claim. The $150 difference between your previous weekly benefit amount and your new weekly benefit amount will be waived.

(4) If your new weekly benefit amount is higher than the amount you were paid for the week(s) at issue, the amount you were paid in emergency unemployment compensation or extended benefits will be supplemented so that you receive your new weekly benefit amount for the weeks at issue and the total deducted from the maximum benefits payable on your new claim.

For example: Your previous weekly benefit amount was $350. You received emergency unemployment compensation for eight weeks at this amount when it was discovered you were eligible for a new claim in the amount of $500. You will be paid an additional $150 for each of the eight weeks at issue and the total deducted from the maximum benefits payable on your new claim.

Wash. Admin. Code § 192-240-070

Amended by WSR 22-13-009, Filed 6/2/2022, effective 7/3/2022

Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. 09-24-011, § 192-240-070, filed 11/20/09, effective 12/21/09.