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Extended Benefits (EB) Ending

The payable period for EB (Extended Benefits) in Delaware is ending. The last week ending date that EB will be payable is the week ending April 21, 2012. To be in an EB payable period, a State's current three month average, seasonally adjusted total unemployment rate must be at least 110% of the comparable rate in any of the three prior years. Delaware no longer meets the 110% criteria. EUC (Emergency Unemployment Compensation) claims are not impacted by this change.

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Continuation of EUC and EB Approved

The U.S. Congress passed and the President has signed legislation (H.R. 3630) to continue the EUC (Emergency Unemployment Compensation) and EB (Extended Benefits) programs. Without this legislation, these two programs would have ended and gone into a phase-out starting February 29, 2012. It is important to note that this legislation does not add any additional tiers of EUC or provide any additional weeks of EUC or EB. Individuals who have exhausted all tiers of EUC and exhausted EB are not entitled to any additional weeks of benefits.The EUC and EB programs are continued through 1/2/2013 and at that time EUC ends with no phase-out, while EB ends with a phase-out.

Below are some important changes:

EUC

The 3-month average TUR (total unemployment rate) trigger required for a State to be on certain EUC tiers, effective June 1, 2012 will be:

  1. Tier 1: no trigger requirement
  2. Tier 2: 6.0%
  3. Tier 3: 7.0%
  4. Tier 4: 9.0%

If a claimant is on a tier of EUC when a TUR trigger to end that tier is reached, the claimant can collect the remainder of that tier, but new EUC claims for that tier cannot be filed.

As of September 2, 2012, the number of weeks available for EUC will be:

  1. Tier 1: 14 weeks, down from the current 20 weeks
  2. Tier 2: 14 weeks, no change from current weeks
  3. Tier 3: 9 weeks, down from the current 13 weeks
  4. Tier 4: Not applicable as Delaware has already triggered off Tier 4 EUC

If a claimant is on a tier of EUC when the reduction of weeks available for that tier occurs, the claimant can collect the remainder of that tier at the original number of weeks available when they filed their initial claim for that tier. The reduction in weeks would apply only to new EUC claims.

Active Work Search for EUC Claimants:

  1. All current EUC claimants and all new EUC claimants must be actively seeking work. Under the provisions of the new law, "actively seeking work" means: registering with the Division of Employment & Training, engaging in an active search for work that is appropriate in light of employment available in the labor market, the claimant's skills and abilities, and making the number of job contacts required by the state UI agency.
  2. All current EUC claimants and all new EUC claimants must maintain a record of their work search activity, including the employers contacted, method of contact, and date contacted.
  3. All current EUC claimants and subsequently all new EUC claimants must, when requested, provide a copy of their work search activity record to the division.
  4. A certain number of EUC claimants will be randomly selected by the division each week for an audit of work search activities.

Reemployment Services & Reemployment/Eligibility Assessment Activities for EUC Claimants:

As a condition of eligibility, EUC claimants must participate in reemployment services activities and reemployment/eligibility assessment services activities that shall include:

  1. Orientation to the services available through One Stop Offices.
  2. Labor market information.
  3. Skills assessment.
  4. Review of eligibility for EUC regarding job search activities.
  5. These services will be provided through a collaborative effort of the Division of Unemployment Insurance and the Division of Employment & Training.

EB

  • H.R. 3630 made no significant changes to the EB program.
  • The number of weeks available in Delaware remains at 13.

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Delaware "Triggers" from 20 Weeks to 13 Weeks of Extended Benefits (EB)

Delaware's three month average, seasonally adjusted total unemployment rate has fallen to 7.9% which is below the 8.0% rate required by the federal government to remain in a high unemployment period (HUP); i.e. 20 weeks of EB. Accordingly, starting January 15, 2012, the maximum potential entitlement in the EB program in Delaware will decrease from 20 weeks to 13 weeks. The reduction from 20 weeks to 13 weeks of EB will work as follows:

  • All EB claimants will have their EB claim redetermined back to no more than a maximum of 13 weeks. These redeterminations will be mailed to all current EB claimants.
  • If an EB claimant has been paid more than 13 weeks of EB, the claimant's EB claim will then be considered exhausted and they will not be entitled to any additional EB benefits.
  • If an EB claimant has received less than 13 weeks of EB (or their monetary determined maximum of less than 13 weeks) , they can continue to file EB weekly certifications up to the new maximum of 13 weeks (or their monetary determined maximum of less than 13 weeks).
  • Any new EB claims filed with an effective date of 1/15/2012 or later will be calculated at a maximum duration of up to 13 weeks.
  • All claimants currently on EB and eligible for EB for week ending 1/14/2012 may be paid that week even if it is EB payment 14, 15, 16, etc.; but once week ending 1/14/2012 is paid, their EB claim is considered exhausted.
  • All current EB claimants will be mailed an "information sheet" along with their EB monetary redetermination that explains the decrease from 20 to 13 weeks of EB.

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Last Updated: April 02 2012