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COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

Pennsylvania Code



Subchapter H. ALLOWANCES FOR DEPENDENTS


Sec.


65.151.    Definitions.
65.152.    Purpose.
65.153.    Amount to remain fixed.
65.154.    Payments.
65.155.    Claimants without a dependent spouse.
65.156.    Reserve accounts of employers.
65.157.    Extended benefits.

§ 65.151. Definitions.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Dependent child—An individual’s unmarried child, stepchild, legally adopted child or illegitimate child, who at the beginning of the individual’s current benefit year, was wholly or chiefly supported by the individual and was 17 years of age or younger, or if 18 years of age or older, because of physical or mental infirmity was unable to engage in a gainful occupation.

   Dependent spouse—An individual’s lawful husband or wife who is living in the same household and who is being wholly or chiefly supported by the individual at the beginning of such individual’s benefit year.

   Wholly or chiefly supported—The dependent is receiving more than 1/2 of the cost of his support from the individual.

Source

   The provisions of this §  65.151 adopted October 22, 1971, effective October 23, 1971, 1 Pa.B. 2017; amended December 7, 1973, effective December 8, 1973, 3 Pa.B. 2790; amended November 5, 1976, effective November 6, 1976, 6 Pa.B. 2817. Immediately preceding text appears at serial page (17314).

§ 65.152. Purpose.

 This subchapter is intended to effectuate those provisions of the law which deal with the payment of an allowance for dependents to eligible claimants for unemployment compensation.

Source

   The provisions of this §  65.152 adopted October 22, 1971, effective October 23, 1971, 1 Pa.B. 2017.

§ 65.153. Amount to remain fixed.

 The amount of allowance for dependents as computed at the time of the application for benefits shall remain fixed for the duration of the claimant’s benefit year, except in instances of error in the original determination.

Source

   The provisions of this §  65.153 adopted October 22, 1971, effective October 23, 1971, 1 Pa.B. 2017.

§ 65.154. Payments.

 Dependent’s allowance shall be paid for valid claim weeks whether full or partial weekly benefit amount is payable. The number of payments shall be limited to the number of weeks that the claimant is entitled to benefits under sections 404(e)(3) and 405A of the law (43 P.S. § §  804(e)(3) and 815), respectively.

Authority

   The provisions of this §  65.154 amended under section 201(a) of the Unemployment Compensation Law (43 P.S. §  761(a)).

Source

   The provisions of this §  65.154 adopted October 22, 1971, effective October 23, 1971, 1 Pa.B. 2017; amended June 4, 2021, effective June 5, 2021, 51 Pa.B. 3099. Immediately preceding text appears at serial page (355723).

§ 65.155. Claimants without a dependent spouse.

 In the event a claimant does not have a dependent spouse, a $5 allowance shall be payable for the first dependent child, plus $3 for one other dependent child, if any.

Source

   The provisions of this §  65.155 adopted October 22, 1971, effective October 23, 1971, 1 Pa.B. 2017.

§ 65.156. Reserve accounts of employers.

 (a)  If a reserve account for an employer subject to this act is not authorized or not required to be maintained under criteria established in the law, allowances for dependents shall be subject to a reimbursement as follows:

   (1)  The Unemployment Compensation Fund shall be reimbursed for dependent’s allowance paid as a result of State employment under section 1001 of the law (43 P. S. §  891). Reimbursement will be made in accordance with section 1003 of the law (43 P. S. §  893).

   (2)  The Unemployment Compensation Fund shall be reimbursed for dependent’s allowance paid as a result of service in the employ of a reimbursable nonprofit organization as defined under section 1101 of the law (43 P. S. §  901). Charges will be made to the employer’s account in accordance with section 1108 of the law (43 P. S. §  908). Reimbursement will be made in accordance with section 1106 of the law (43 P. S. §  906).

   (3)  The Unemployment Compensation Fund shall be reimbursed for dependent’s allowance paid as a result of service in the employ of a reimbursable instrumentality or political subdivision of this Commonwealth as defined under section 1201 of the law (43 P. S. §  911). Charges will be made to the employer’s account in accordance with section 1203 of the law (43 P. S. §  913). Reimbursement shall be made in accordance with section 1202.4 of the law (43 P. S. §  912.4).

   (4)  The Unemployment Compensation Fund shall be reimbursed based upon the percent of charge for dependent’s allowance paid on a combined wage claim. The transferring state’s reimbursement shall be in accordance with arrangements entered into under section 312 of the law (43 P. S. §  792).

Source

   The provisions of this §  65.156 adopted October 22, 1971, effective October 23, 1971, 1 Pa.B. 2017; amended March 29, 1974, effective March 30, 1974, 4 Pa.B. 581; amended February 11, 2011, effective February 12, 2011, 41 Pa.B. 848. Immediately preceding text appears at serial page (347967).

§ 65.157. Extended benefits.

 The terms and conditions of the law which apply to claims for and payment of regular compensation apply to claims for and payment of extended compensation under Article IV-A of the law (43 P. S. § §  811—818), except that a claimant otherwise eligible for extended benefits under Article IV-A of the law is not subject to the terms and conditions of the following provisions:

   (1)  To have worked and earned requalifying wages between benefit years as required by section 4(w)(2) of the law (43 P. S. §  753(w)(2)).

   (2)  To meet the monetary requirements specified by section 401(a) of the law (43 P. S. §  801(a)).

Source

   The provisions of this §  65.157 adopted October 22, 1971, effective October 23, 1971, 1 Pa.B. 2017; amended March 2, 1973, effective March 3, 1973, 3 Pa.B. 484; amended September 17, 1976, effective September 18, 1976, 6 Pa.B. 2279. Immediately preceding text appears at serial page (15242).



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