Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1032 (February 24, 2024).

34 Pa. Code § 65.56. Withdrawing an application for benefits.

§ 65.56. Withdrawing an application for benefits.

 (a)  A claimant may request to withdraw an application for benefits and cancel the corresponding benefit year only if the following requirements are met:

   (1)  If benefits are paid to the claimant pursuant to the application or benefits otherwise payable to the claimant pursuant to the application are used to recoup an overpayment of benefits, the claimant’s request to withdraw the application and cancel the corresponding benefit year is made no later than one of the following:

     (i)   Fifteen days after the Department issues the first payment of benefits or first uses benefits otherwise payable to recoup an overpayment.

     (ii)   Forty-five days after the Department issues the first payment of benefits or first uses benefits otherwise payable to recoup an overpayment, if the claimant is withdrawing the application and canceling the corresponding benefit year in order to file an application under the unemployment compensation law of another state or the Federal government.

   (2)  All benefits paid to the claimant pursuant to the application, if any, are repaid.

   (3)  If benefits otherwise payable to the claimant pursuant to the application are used to recoup an overpayment of benefits, the amount owed on the overpayment is restored to the amount owed prior to recoupment.

   (4)  The claimant has not been disqualified for benefits under sections 3, 402(a), 402(b), 402(e), 402(e.1) or 402(h) of the law or, if the claimant has been disqualified under any of those sections, the disqualification is terminated under section 401(f) of the law (43 P. S. §  801(f)) or §  65.62 (relating to duration of disqualification).

 (b)  A request to withdraw an application for benefits and cancel the corresponding benefit year is not effective until the Department approves it. The Department will deny a request to withdraw an application for benefits and cancel the corresponding benefit year if the requirements of this section are not met or good cause exists to disapprove the request.

 (c)  For purposes of this section, benefits paid to a claimant include amounts deducted from the claimant’s benefits and paid on the claimant’s behalf, including without limitation deductions for income tax withholding and support.



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