Pandemic Unemployment Assistance

PUA expands UI eligibility to individuals who might not qualify for, or who have exhausted their:

• Regular UI benefits
• Pandemic Emergency Unemployment Compensation (PEUC)
• State Extended Benefits

Individuals potentially eligible for PUA, who might not qualify for other unemployment programs include:

• Self-employed workers — individuals who are self-employed, contract workers or who previously worked in a position that did not report wages.
• Individuals seeking part-time employment.
• Recently employed individuals without enough work history over the last 18 months to qualify for regular UI benefits. This includes individuals with job offers for a specific start date.
• Gig economy workers.
• Member of the clergy and individuals working for religious institutions.

Under TWC’s Guidance to Unemployment Claimants and the CARES Act, you may have good cause to refuse suitable work and you may be eligible for PUA if you are the primary caregiver for a child who is unable to attend a school or daycare that has been closed because of the COVID-19 pandemic, and you have no reasonable alternative.

The U.S. Department of Labor (DOL) has issued additional guidance regarding PUA eligibility for caregivers who are affected by school systems reopening. See Unemployment Insurance Program Letter 16-20, Change 3.

This guidance includes three scenarios for parents and caregivers who are affected by school systems reopening.

Scenario #1: If the school system only provides online instruction, it is considered closed under the CARES Act. You may be eligible for PUA if you must stay home and take care of your child. However, if you can telework from home with pay, you may be ineligible for PUA unless you are primarily responsible for your child’s schooling.

Scenario #2: If the school system provides a hybrid learning environment where students attend school in person some days of the week and attend online classes at home the other days of the week, it is considered closed under the CARES Act.  You may be eligible for PUA if you must stay home and take care of your child. However, if you can telework from home with pay, you may be ineligible for PUA unless you are primarily responsible for your child’s schooling.

Scenario #3: If the school system gives students the option to attend school in person or attend online classes at home, it is considered open under the CARES Act. If you choose to have your child attend online classes at home, you are ineligible for PUA unless you meet another COVID-19-related eligibility criterion.

If you must stay home because you are the primary caregiver for your child, you may be eligible for paid leave benefits under Families First Coronavirus Response Act (FFCRA). See the DOL’s Frequently Asked Questions for more information regarding the additional leave provided under the FFCRA. If you are receiving paid leave, you are ineligible for PUA.

Apply for regular benefits in one of two ways:

• Apply online at Unemployment Benefits Services (UBS) by selecting Apply for Benefits.
• Call our Tele-Center at 800-939-6631 and speak to a customer service representative.

If you are eligible for regular benefits, we must pay those benefits before paying Pandemic Unemployment Assistance (PUA).

For help in preparing to apply for benefits, review our tutorials on our UBS web page. There, we have tutorials to assist you, including:

• Create a TWC User ID and password
• Apply for benefits online
• Use electronic correspondence
• Request a benefit payment

To be eligible for PUA, you must have lost your job because of COVID-19 and indicate that on your benefits application. You must also certify that you meet one of the eligibility criteria listed above.

If you are a non-traditional worker (i.e., self-employed, independent contractor, gig economy worker, or worker seeking self-employment), and you apply for benefits online using UBS, select “reduced hours” as the reason for your job separation. If your reduced hours are a result of COVID-19, you should also select “COVID-19” under the disaster impact section. The system will then display questions you will need to answer to complete your claim.

After you submit your online application, the system will review your claim to see if you are eligible for regular UI. If you are not eligible for regular UI, you will receive a denial for regular unemployment benefits only. Subsequently, TWC will automatically enroll you into PUA if you are eligible. The initial denial for UI will not affect your PUA eligibility.

After you apply, you must:

• Complete your work search registration at WorkinTexas.com or your local Workforce Solutions office within three days of applying for benefits.
• You do not have to register on WorkinTexas.com if you are self-employed and are taking steps to reopen your business. If you do not plan to reopen your business, you must complete a work search registration and seek work.
• Actively search for full-time employment unless TWC informs you that you are exempt from the work search requirement.
• Request payment on your first filing date and every two weeks after that on your designated filing day.
• Make sure TWC has your current mailing address. If you cannot receive mail at your home address, either set up a general delivery address with the U.S. Postal Service or arrange to receive mail at a relative’s or friend’s home. If using someone else’s address, include an “in care of” line with their name in the address.

If you are self-employed, an independent contractor (1099) or gig worker, and you worked for the entire year of 2019, you do NOT need to provide TWC with your complete 2019 IRS tax return including Schedule C, F or SE unless your net profit for 2019 exceeded $20,800. That is the minimum amount needed to increase your PUA weekly benefit amount (WBA).

You will continue to receive the $207 minimum PUA WBA if your net profit for 2019 was less than $20,800. Providing your income tax return is optional and will not affect your weekly benefit amount if your net profit was less.

If you worked as a 1099 independent contractor, do NOT send TWC your 1099 form. Your 1099 form will have no effect on your PUA WBA.

If your net profit was more than $20,800 and you submit your IRS forms and schedules, TWC will recalculate your PUA WBA and notify you of the change. If your PUA WBA increases, TWC will pay the difference retroactively to the date your employment was affected by the COVID-19 pandemic.

If your net profit for tax year 2019 was $20,800 or more, submit your complete 2019 IRS federal income tax return including Form 1040 and all schedules, such as C, F or SE to TWC by using our online UI Submission Upload portal (English) or UI Submission Upload portal (Spanish).

If you cannot use the online portal you can submit the proof by fax or mail. Due to the heavy volume of mail, processing the proof received by fax or mail will be delayed.

• Fax: 1-512-936-3250
• Mail: Texas Workforce Commission
  P.O. Box 149137
  Austin, TX  78714-9137

Note: Applicants who submit their tax information may not receive an immediate response. Please do not resubmit unless explicitly asked.

Go to Self-Employed Texans and the CARES Act for more information about unemployment benefits for non-traditional workers (i.e. self-employed workers, independent contractors, gig economy workers, or workers seeking self-employment).

Calculating Your Weekly Benefit Amount

We calculate your PUA weekly benefit amount (WBA) based on past wages earned during the base period, which is the most recently completed calendar year, January 1 through December 31. This is a different base period than regular unemployment claims.

To determine your PUA weekly benefit amount, we use the base-period quarter with the highest wages, divide by 25 and round to the nearest dollar. Your WBA cannot exceed the maximum amount set by state law. You must have wages in at least two base-period quarters and wages totaling at least 37 times your WBA in order to qualify for more than the minimum WBA.

This calculation also applies to self-employed individuals.

Minimum Weekly Benefit Amount

The minimum weekly benefit amount for DUA and PUA is 50 percent of the state average WBA. For example, if the state average WBA is $315, then the minimum PUA weekly benefit amount would be $157. We will use the minimum weekly benefit amount if you do not have any base-period wages or if you do not have enough wages to establish a benefit amount using the calculation above.

Benefit Amount Reductions

TWC may reduce your PUA payments if you receive any of the following:

• Benefits or insurance for loss of wages due to illness or disability
• Supplemental unemployment benefits paid pursuant to a collective bargaining agreement
• Private income protection insurance
• Workers’ Compensation or survivors’ 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
• Retirement pension or annuity
• Earnings from employment or self-employment
• Subsidy or price support payments, crop insurance payments and farm disaster relief (non-DUA) payments
• A court order to pay child support
• Sick leave or vacation leave, or disaster or COVID-19 pay from your employer
• Payments received from the Paycheck Protection Program (PPP).

To continue to be eligible for PUA benefits, you must certify for each benefit week that you are able and available for work and are unemployed, partially unemployed, or unable or unavailable to work through no fault of your own as a direct result of COVID-19 and meet all of the following eligibility requirements:

• Meet one or more of the PUA eligibility criteria listed above.
• Meet all work search requirements, unless we exempt you from work search
• Request payment every two weeks on your designated filing day
• Participate in reemployment activities as required
• Respond to requests from TWC or a Workforce Solutions office as instructed

You must then certify that your responses are true and complete.

For more information, see Ongoing Eligibility Requirements for Receiving Unemployment Benefits

Appeals hearings are proceeding as scheduled. However, due to the unprecedented number of unemployment benefit claims that resulted from the pandemic, we are experiencing a significant delay processing and scheduling appeals. We are working to resolve all issues as quickly as possible.

If you have a hearing scheduled, please participate according to the directions on the Notice of Hearing. If you have any questions or concerns about participating in the hearing related to COVID-19, please contact your hearing officer directly using the contact information on your Notice of Hearing.

Answer questions accurately and truthfully. You commit fraud if you knowingly provide false or misleading information or withhold relevant information for yourself or another person, to obtain or increase benefits. Unemployment benefits fraud is punishable by law, both felony and misdemeanor, and violators could face serious penalties and consequences.

If you commit unemployment fraud, you must pay back benefits you were not entitled to receive. In addition, you could face a variety of penalties, including:

• Criminal prosecution by state or federal authorities
• A possible jail or prison sentence and/or fines
• Loss of remaining benefits on your claim

For more information see Unemployment Benefits Fraud

Your claim is confidential. However, we share some information with government agencies and their contractors for the administration and enforcement of laws, including verifying eligibility for public assistance, supporting law enforcement activities, and other purposes permitted by law. Allowable uses of confidential information may include performing statistical analysis, research and evaluation.

Disclosure may be made to entities that manage and evaluate programs such as Social Security, Medicaid, nutrition assistance, and child support. We mail a notice of your claim to your last employer and may communicate with other former employers. If we pay you benefits by debit card, we share information with U.S. Bank because it manages your debit-card account. U.S. Bank and government agencies with access to information must agree to comply with state and federal laws regarding the confidentiality of claim information.