Declined for Pandemic Unemployment Assistance in Pennsylvania? Try Again.
The State of Pennsylvania opened a website for individuals to apply for PUA (“Pandemic Unemployment Assistance”) on Saturday. Many individuals received ineligibility messages. The State provided an update yesterday, April 21st, stating the PUA system was corrected and asks that those who believe they “inaccurately received the PUA ineligibility message, to try filing again.”
Pandemic Unemployment Assistance provides expanded eligibility for individuals who have traditionally been ineligible for unemployment benefits (e.g. self-employed workers, independent contractors, gig workers). If you do not know if you should apply, visit the FAQs page.
According to the website, you should file for Pandemic Unemployment Assistance if you are ineligible for regular UC because you have lost income due to COVID-19 and
- are self-employed, or
- are seeking part-time work, or
- lack sufficient work history, or
- have exhausted all rights to regular UC or extended benefits.
For the purposes of PUA, “self-employed” includes independent contractors, gig economy workers, and workers for certain religious entities. In Pennsylvania, the determination of whether you are an “employee” or an “independent contractor” depends on the conditions of your work, not on what your employer tells you or how your employer has classified you.
To be considered an independent contractor, both of the following must be shown to the satisfaction of the department:
- The individual has been and will continue to be free from control or direction over the performance of the services involved, both under the contract of service and in fact, and
- As to such services, the individual is customarily engaged in an independently established trade, occupation, profession or business.
As always, if you need assistance or need clarification on any programs available due to State or Federal programs related to the COVID-19 pandemic, please contact us.
DISCLAIMER: The WM Daily Update COVID-19, COVID-19 Business Resources and COVID-19 Client News Alerts and other related communications are intended to provide general information on legislative COVID-19 relief measures as of the date of this communication and may reference information from reputable sources. Although our firm has made every reasonable effort to ensure that the information provided is accurate, we make no warranties, expressed or implied, on the information provided. As legislative efforts are still ongoing, we expect that there may be additional guidance and clarification from regulators that may modify some of the provisions in this communication. Some of those modifications may be significant. As such, be aware that this is not a comprehensive analysis of the subject matter covered and is not intended to provide specific recommendations to you or your business with respect to the matters addressed.
