Q.

What are Disaster Unemployment Assistance (DUA) benefits?

A.

Disaster Unemployment Assistance (DUA) benefits are Unemployment Insurance (UI) benefits for individuals who:

lost their job or self-employment, or who are no longer working as a direct result of a major disaster; and

Applied for but are NOT eligible for regular unemployment insurance.

"Direct result of a major disaster" means an immediate result of the disaster itself, not the result of a longer chain of events caused or worsened by the disaster.

An individual's unemployment is a direct result of the major disaster if one of these situations applies:

The individual's place of employment or self-employment was physically damaged or destroyed.

The place of employment or self-employment is inaccessible to the individual because it is located in an area closed by or at the request of the federal, state or local government, in immediate response to the disaster.

The individual lost a majority of income or revenue from a business that was damaged or destroyed in the disaster, or is located in the major disaster area closed by the federal, state or local government.

Q.

How do I qualify for DUA benefits?

A.

You may qualify for DUA benefits if one of the following occurred as a direct result of the disaster:

you lost your job, which was your principal source of income (more than 50 percent of your total income);

you live in, work in, or travel through the disaster area;

your place of employment was damaged or closed;

you were scheduled to start work but the job no longer exists or you can no longer reach the new job;

you suffered injury or incapacitation; or

you became the breadwinner or major wage earner of the household due to the death of the head of household.

Q.

How do I apply for DUA benefits?

A.

The Department of Labor and Workforce Development (LWD) must determine if you are eligible for regular or extended benefits before you can receive DUA benefits.

1.

First, apply for regular unemployment insurance (UI) benefits.

2.

Complete an application by calling a Reemployment Call Center.

3.

If you are potentially eligible for regular or extended unemployment insurance benefits, you must collect those benefits before filing an application for DUA.

4.

If you are not eligible for regular or extended benefits, you can apply for DUA benefits by calling a Reemployment Call Center:

Union City Call Center

(201) 601-4100

Freehold Call Center

(732) 761-2020

Cumberland Call Center

(856) 507-2340

Out-of-State Claims

(888) 795-6672

Teletypewriter (TTY) users may file an unemployment claim, reopen an existing claim by calling: New Jersey Relay 7-1-1.

IMPORTANT: DUA benefits are not the same as help from the Federal Emergency Management Agency (FEMA). You must apply separately for FEMA assistance through FEMA, not LWD. For more information about FEMA assistance, visit www.fema.gov.

Q.

I applied for DUA benefits. What do I do next?

A.

1.

Send LWD proof of employment within 21 days of applying for DUA benefits to:

New Jersey Department of Labor and Workforce Development
DUA Office - Collateral Claims Unit
PO Box 395
Trenton, NJ 08625-0395
FAX: (609) 984-4358

2.

Search for work unless you are exempt.

NOTE: LWD may exempt work searches if there is substantial damage to the businesses in the disaster area, if the individual has a return-to-work date within 12 weeks, or if the individual is self-employed and working to reopen their business.

3.

Request payment of DUA benefits using the Payment Request forms we mailed you.

4.

Make sure LWD has your current mailing address and telephone number.

Q.

What if I am self-employed?

A.

If you are self-employed and are taking steps to reopen your business, you do not have to search for work.

If you do not plan to reopen your business, you must actively search for full-time work.

Q.

What is proof of employment?

A.

LWD must have proof, as required by federal law that you were:

working or self-employed at the time of the disaster; or

scheduled to start work on or after the date of the disaster.

You must send LWD proof of:

employment;

self-employment;

prospective employment; or

prospective self-employment.

Acceptable Proof of Employment and Wages

Proof of Prospective Employment:

a pay stub or voucher;

a letter from the potential employer;

earnings statement information; or

written statement from your employer.

Proof of Prospective Self-Employment:

Federal income tax Form 1040; and

Property titles or deeds for the place of business;

Schedule C, F, or SE federal income tax returns for the most recent tax year; or

Rental agreement or letter from a property owner showing your recent tax year and that you planned to open a business at the time of the disaster; or

One of the following to prove existence of the business:

- property titles, deeds, or rental agreement for the place of business;

Other evidence that you were preparing to open a business:

- property titles or deeds for the place of business;

Mail or FAX proof of employment to:

New Jersey Department of Labor and Workforce Development
DUA Office – Collateral Claims Unit
PO Box 395
Trenton, NJ 08625-0395
FAX: (609) 984-4358

Q.

What are my ongoing requirements for DUA?

A.

DUA eligibility requirements are similar to those for regular unemployment insurance benefits.  You must meet all of these requirements to continue to receive DUA benefits.

You are unemployed as a direct result of the disaster.

You are legally authorized to work in the United States.

You are able and available for work.

You are searching for work (unless ill or injured due to the disaster).

You are submitting timely DUA benefits payment requests.

You have not refused an offer or referral to suitable work.

Q.

How do I request payment of DUA benefits?

A.

LWD uses paper forms to process DUA payment requests.  We will send you paper Payment Request forms for each two-week period.  Complete the payment request form and mail it back to LWD on the date shown on the form.  Answer the questions truthfully.  Knowingly giving false information or withholding information to obtain or increase a benefit is fraud and can be prosecuted under state and federal laws.

you have returned to full-time work; or

you resumed normal self-employment activities.

IMPORTANT:  You cannot request payment online or by telephone.  You must use the paper forms that LWD sends to you.

Q.

How do I report wages/income on my Payment Request form?

A.

Employees, workers or contract laborers must report:

your total amount of wages before deductions (such as taxes); and

your 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.

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.

your wages/income in whole dollars.

For example, if you earned $100.75, just report $100 and not the 75 cents.  Reporting wages/income incorrectly may lead to one or more overpayments on your claim.

If you are self-employed, you must report:

your total amount of earnings and commissions before deductions (such as operating expenses); and

your gross income in the week you received the income, even if you performed the work in a prior week; and

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.

your wages/income in whole dollars.

For example, if you earned $100.75, just report $100 and not the 75 cents.  Reporting wages/income incorrectly may lead to one or more overpayments on your claim.   You must repay any overpayments.

NOTE:  Self-employed farmers must also report subsidy/price support payments, crop insurance and farm disaster relief (non-DUA) payments.

Q.

How do I receive DUA payments?

A.

LWD pays DUA benefits by direct deposit to a bank account or by issuing a debit card.

LWD can deposit your DUA benefit payments directly into your personal checking or savings account.  You may sign up for direct deposit as soon as you apply for benefits.  There is no charge to use direct deposit.  To enroll, go to our website at: www.njuifile.net and click on Direct Deposit box.

Q.

How long can I receive DUA benefits?

A.

DUA benefits are available only during the Disaster Unemployment Assistance Period, which begins with the first week following the date that the major disaster is declared.  LWD will pay benefits as long as directed by the Federal Emergency Management Agency (FEMA) and DUA regulations.  The date of each DUA claim will be backdated to the Sunday of the week in which the claimant became unemployed due to conditions caused by the storms and flooding, but not prior to October 28, 2012.  The expiration date of this period of DUA is May 4, 2013 (27 completed calendar weeks after the date of the declaration).

LWD can pay you DUA benefits until:

the end of the Disaster Unemployment Assistance Period; or

you return to work and your unemployment is longer a direct result of the disaster, whichever comes first.

We determine your eligibility for DUA benefits on a week-to-week basis after reviewing your payment request.

Q.

What if my DUA Benefit Determination is incorrect or is missing wages?

A.

DUA is different from regular UI.  LWD may use income not normally covered by regular UI, such as contract labor or self-employment earnings, to establish a DUA claim.

If you are missing wages on your DUA Benefit Determination, or if you disagree with the potential benefit amount, mail the following documents to LWD:

a request for redetermination of your benefit amounts; and

proof of wages/income for the most recently completed tax year.

Workers/employees/contract laborers should send pay stubs, earnings statements, IRS Form W-2, and/or IRS Form 1099.

Self-employed individuals should send IRS Form 1040 and a copy of Schedule C, F, or SE return.

LWD cannot accept any proof or adjust your wages/weekly benefit amount after the Disaster Unemployment Assistance Period ends.  If wages are added to your claim, you will be mailed a new DUA Benefit Determination.

Mail or FAX these documents to:

New Jersey Department of Labor and Workforce Development
DUA Office – Collateral Claims Unit
PO Box 395
Trenton, NJ 08625-0395
FAX: (609) 984-4358

Q.

Can LWD reduce my DUA payments?

A.

LWD may reduce your DUA benefit payments if you receive:

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;

earnings from employment or self-employment;

subsidy/price support payments, crops insurance, and farm disaster relief payments (not to be confused with DUA), provided services were performed; or

a court order to pay child support.

Q.

When will my DUA benefits end?

A.

LWD may reduce or stop your DUA benefits if any of the following occur:

you become employed or fully resume pre-disaster self-employment activities;

you are no longer unemployed as a direct result of the disaster;

you are not able or available to work;

you do not search for work;

you refuse to accept suitable work or a referral to suitable work without good cause;

you receive a retirement pension or annuity, private insurance benefits for loss of wages, Workers’ Compensation or survivors benefits, or other supplemental unemployment benefits;

the Disaster Unemployment Assistance Period ends; or

you become eligible for regular UI benefits.

Temporary and Seasonal Workers

LWD only pays DUA benefits for the weeks that you would have been employed, if not for the disaster.

For example, if you were scheduled to work a seasonal job for four weeks after the disaster, and then under normal circumstances would be terminated, you would be eligible for four weeks of DUA benefits.  DUA eligibility ends when the period of employment would have ended had the disaster not occurred.

Q.

Are DUA benefits taxable?

A.

Yes, DUA benefits are taxable.

The Internal Revenue Service (IRS) requires you to report your DUA benefits as income.  LWD mails IRS Form 1099-G in January, which lists the total amount of all benefits you received during the calendar year.

Q.

How do I file an appeal?

A.

If you disagree with a determination on your DUA claim, you have 60 days from the date LWD mailed the decision to appeal.  You must mail your appeal no later than 60 days from the date LWD mailed the decision.  LWD will use the postmark to determine whether your appeal is timely.

Write your Social Security Number, your current address and telephone number on the appeal and include a copy of the determination you are appealing.

Continue to request payment every two weeks as necessary while you wait for the result of the appeal.  If the appeal decision is in your favor, LWD can pay you only for weeks in which you requested payment and met all other requirements.

For more information about the appeals process, visit the LWD website at:  http://lwd.dol.state.nj.us/labor/at/appeals_index.html.

Mail or FAX your appeal to:

New Jersey Department of Labor and Workforce Development
DUA Office - Collateral Claims Unit
PO Box 395
Trenton, NJ 08625-0395
FAX:  (609) 984-4358

Q.

What are the penalties for fraud?

A.

It is your responsibility to give truthful, complete answers when you apply for benefits and request payment.  Fraud is knowingly giving false information, or failing to give information, to obtain or increase a benefit.

If you commit fraud, you:

lose your remaining benefits;

must repay any benefits you received; and

may face criminal charges.

Q.

Are there any worker protections during and after natural disasters?

A.

Yes.  According to the New Jersey Labor Code, employers may not discharge or discriminate against employees who evacuate under emergency orders.  Employers that violate this provision are liable for any loss of wages or employer-provided benefits and must reinstate the employee to the same or equivalent position.  Emergency services personnel and those who work for the safety and well-being of the public are exempt from this law.

Q.

A.