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On December 27, 2020, President Donald J. Trump signed into law the Continued Assistance Act, which extends the unemployment benefits claim programs created under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Once the legislation is enacted, the Texas Workforce Commission (TWC) will work to implement the new legislation as quickly as possible. However, TWC must wait on guidance from the U.S. Department of Labor before the provisions of the Act can be implemented. This may cause you to see a break between unemployment payments. If you have an existing claim, you do not need to take any further action. TWC will automatically update your claim and inform you of your potential eligibility. We will update this page with new information when it becomes available.
Note: TWC cannot take any action prior to the effective date of any new legislation.
The Texas economy continues to reopen, and Texans are returning to work. There are a large number of available jobs providing Texans with new work opportunities. For help finding your next job, please visit www.MyTXCareer.com or www.WorkInTexas.com and use the virtual and in person services at local Workforce Solutions offices throughout the state.
You may also want to call the 2-1-1 system to learn more about the human services available in your community, such as rent and utility assistance, SNAP food stamp benefits, health insurance programs, and much more. Contact a 2-1-1 specialist by calling the number 211 or by visiting www.211.org.
All information regarding COVID-19 is subject to change at any time due to the changing nature of the pandemic. Please revisit this page regularly for updates.
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) established The Pandemic Unemployment Assistance (PUA) program. This program temporarily expands unemployment benefit eligibility to self-employed workers, gig economy workers, part-time workers, and others impacted by the COVID-19 pandemic who might not otherwise be traditionally eligible for unemployment benefits. The CARES Act unemployment claim programs were extended by the Continued Assistance Act (CAA) on December 27, 2020.
PUA benefits may be available for those claimants who:
The maximum number of benefit weeks under Texas’ regular unemployment insurance program is 26 weeks. The CAA extends PUA benefits by 11 weeks, from 39 to 50 weeks.
The 50 weeks include any week of unemployment insurance (UI) or State Extended Benefits a claimant has already received.
PUA claimants are eligible to receive a $300 Federal Pandemic Unemployment Compensation (FPUC) payment in addition to their weekly benefits from BWE January 2, 2021 through March 13, 2021. TWC cannot pay FPUC payments for any weeks from July 27, 2020 to December 27, 2020.
The CAA requires that claimants provide proof of employment. If you filed a PUA claim before January 31, 2021 or received payment of PUA on or after December 27, 2020, you must provide proof substantiating employment, self-employment, or the planned commencement of prospective employment or self-employment. You must provide the proof 90 days from the date TWC notifies you of the requirement.
If you filed or moved to a new PUA claim on or after January 31, 2021, you must provide proof substantiating employment, self-employment, or the planned commencement of prospective employment or self-employment. You must provide the proof within 21 days of the date you filed your claim.
If you do not send us proof of employment within the deadline, you will be found ineligible for benefits beginning December 27, 2020, and have to repay any benefits you received. You have the right to appeal any decision holding you ineligible for benefits. The requirement to provide proof was established by law and cannot be appealed. For more information, see Proof of Employment Required.
In general, PUA provisions follow Disaster Unemployment Assistance (DUA) regulations and procedures. The many similarities allowed the Texas Workforce Commission (TWC) to use existing programming to implement PUA, which enabled a smoother and quicker implementation. As a result, some PUA paperwork may refer to the Disaster Unemployment Assistance program.
In compliance with the CARES Act, TWC has added a new COVID-19-related question to the PUA payment request process.
When you request payment online at Unemployment Benefits Services (UBS) or through Tele-Serv, you are required to answer a COVID-19-related question. Depending on your answer, you may be required to respond to 13 COVID-19-related statements before you can continue and submit your payment request.
For information on other COVID -19 programs and resources, see:
PUA expands unemployment insurance (UI) claim eligibility to individuals who might not qualify for, or who have exhausted their:
Individuals potentially eligible for PUA, who might not qualify for other unemployment programs include:
To receive PUA benefits, you must certify 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 because:
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.
If you are working full-time, but lost your part-time gig, contract, or self-employed work, you will not be eligible to receive PUA benefits. Because you are working full-time, you are considered fully employed and therefore are not eligible to receive unemployment benefits.
You may be eligible for benefits if you are working part-time. You must report all work and earnings each week that you worked when requesting unemployment benefit payment. You must also report any sick leave or vacation pay received or payments received from the Paycheck Protection Program (PPP). For more information, see our tutorial on How to calculate and report earnings.
Apply for regular benefits in one of two ways:
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:
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:
For help finding your next job, please visit www.MyTXCareer.com or www.WorkInTexas.com and use the virtual and in person services at local Workforce Solutions offices throughout the state.
If you filed a PUA claim before January 31, 2021, you must provide proof of employment, self-employment, or planned commencement of prospective employment or self-employment. You must provide the proof 90 days from the date TWC notified you of the requirement.
Your documentation of employment or self-employment does not need to cover the entire period that you were working.
If you do not send us proof of employment within the deadline, you will be found ineligible for benefits beginning December 27, 2020, and have to repay any benefits you received. You have the right to appeal any decision holding you ineligible for benefits. The requirement to provide proof was established by law and cannot be appealed.
If you filed or moved to a new PUA claim on or after January 31, 2021, you must provide proof of employment, self-employment, planned commencement of prospective employment or self-employment. You must provide the proof within 21 days of the date you filed your claim.
You must provide proof for calendar year 2020 that demonstrates the existence of employment between January 1, 2020, and the date you filed your claim. Your documentation of employment or self-employment does not need to cover the entire period that you were working.
If you do not send us proof of employment within the deadline, you will be found ineligible for benefits beginning December 27, 2020, and have to repay any benefits you received. You have the right to appeal any decision holding you ineligible for benefits. The requirement to provide proof was established by law and cannot be appealed.
PUA claimants should submit their proof of employment using TWC’s UI Submission Portal. Select DUA Proof of Employment at Time of Disaster from the Type of Submission drop-down menu. For more information see Sending TWC Proof of Employment.
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.
Mail or fax proof of employment to:
Texas Workforce Commission
Attn: PUA Proof
P.O. Box 149137
Austin, TX 78714-9137
Fax: 512-936-3250
Acceptable forms of proof of self-employment include:
Acceptable proof of prospective employment includes one of the following:
Acceptable proof of prospective self-employment includes one of the following:
To be eligible for PUA, on your benefits application you must indicate that you lost your job because of COVID-19. You also must certify that you meet one of the eligibility criteria listed above.
Once approved for benefits, you must continue to certify when you request payment for every week in the biweekly request period. On each payment request, you must certify that your job is still affected by COVID-19 and that you continue to meet one of the eligibility criteria.
In compliance with the CARES Act, the Texas Workforce Commission (TWC) has added a new COVID-19-related question to the Pandemic Unemployment Assistance (PUA) payment request process.
When you request payment online at Unemployment Benefits Services (UBS) or through Tele-Serv, you are now required to answer a new COVID-19-related question. Depending on your answer, you may be required to respond to 13 new COVID-19-related statements before you can continue and submit your payment request.
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.
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).
The past wages used to establish your PUA claim may use income not normally covered by regular unemployment, such as contract labor or self-employment earnings.
We will send you an information packet after you apply. If you are missing wages on your “Statement of Wages and Potential Benefit Amounts,” or if you disagree with the potential benefit amount, you may request a review by sending us all of the following documents:
Submit your documents 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.
Note: Applicants who submit their tax information may not receive an immediate response. Please do not resubmit unless explicitly asked.
Submit your proof promptly. If we add wages to your claim, we will mail you a new Statement of Wages and Potential Benefit Amounts.
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.
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.
TWC may reduce your PUA payments if you receive any of the following:
Request benefit payment every two weeks on your designated filing day either online or by phone. Do not wait for TWC to determine your eligibility:
You need to make your payment request on your designated filing day, which is listed on your filing instructions. Assigned filing days are Sunday through Wednesday. If you miss your designated filing day in any given week, you can submit your payment request on our open filing days, which are Thursday through Saturday.
You must report the total amount of wages you earned each week before deductions such as taxes. Report wages from all work (whether full-time, part-time, temporary, or contract work) in the week you performed the work, NOT when the earnings were paid. You must report any sick leave, vacation or other paid leave including payments received from the Paycheck Protection Program (PPP). For example, if you worked during Week #1 but your employer paid you in Week #2, you must report the wages in Week #1, the week when you earned the wages.
You must actively search for full-time employment (unless exempt). If you are required to search for work, TWC will mail you a Work Search Notification letter listing the required minimum number of work search activities you must make each week and the Guidelines for a Productive Work Search. You must keep track of the number of work search activities you do each week.
You must report earnings and commissions before deductions such as operating expenses for each week. Report your gross income in the week you receive the income, even if you performed the work in a prior week. For example, if you performed services in Week #1 but did not receive payment until Week #2, you must report the gross income in Week #2, the week when you were paid.
You must actively take steps each week to return to normal business activities. You must tell us how many hours per week you spend rebuilding your business. NOTE: If you take another job (whether full-time, part-time, temporary, or contract work), report your wages in the week you performed the work, NOT when the earnings were paid. For example, if you worked during Week #1 but your employer paid you in Week #2, you must report the wages in Week #1, the week when you earned the wages. If you do not plan to reopen your business, you must actively search for full-time employment and record your work search activities to remain eligible for benefits.
For more information, see:
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:
You must then certify that your responses are true and complete.
For more information, see Ongoing Eligibility Requirements for Receiving Unemployment Benefits
If you disagree with a decision on your PUA claim, you must appeal in writing within 14 calendar days from the date we mail you the Determination Notice. The date mailed is located on the top of the Determination Notice form, and the last day you can file an appeal is at the bottom of the form. If the fourteenth day falls on a federal or state holiday, you have until the next business day to file your appeal.
You can submit your written appeal online, in person at your nearest Workforce Solutions office, or by mailing or faxing your appeal letter to the Appeals Department. The mailing address and fax number are shown on your Determination Notice and listed below. You cannot submit an appeal by email or over the telephone. If you choose to fax the information, keep the paperwork that indicates successful transmission of your appeal.
Your letter or appeal form should include:
Please keep a copy of your appeal for your records.
For more information about the appeals process, see: Introduction to the Unemployment Benefits Appeal Process and How to Appeal a Decision.
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.
Unemployment benefits are taxable. Unemployment benefits must be reported on your federal income tax return. You can ask TWC to withhold 10 percent for federal income taxes from your unemployment benefit payments. In January, TWC will send all claimants who received benefits in 2020 an Internal Revenue Service (IRS) Form 1099-G for their 2020 tax return. It is important that you keep your mailing address up to date because we will send your IRS Form 1099-G to the address in our records. For more information, see: Federal Income Taxes & Your Unemployment Benefits.
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:
For more information see Unemployment Benefits Fraud
The U.S. Department of Labor has issued an unemployment insurance phishing fraud alert.
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.