Chapter DWD 129

DWD 129.01 Note Week 4   Weekly certification for week 2 can still be filed. However, a weekly certification for week 3 cannot be filed until a weekly certification for week 2 is filed. If the claimant wants to file a weekly certification for week 3, but not for week 2, an initial claim must be filed for week 3 by the close of week 4.

DWD 129.01 Note Example 2:

DWD 129.01 Note Week 1   Weekly certification filed timely

DWD 129.01 Note Week 2   No weekly claim filed

DWD 129.01 Note Week 3   No weekly claim filed

DWD 129.01 Note Week 4   No weekly claim filed

DWD 129.01 Note Week 5   Weekly certification for week 2 can no longer be filed because the 14-day period has expired. Weekly certification for week 3 cannot be filed because a weekly certification for the immediately preceding week has not been filed and a timely initial claim can no longer be filed for week 3. Weekly claim for week 4 can be filed if an initial claim is filed by the close of week 5.

DWD 129.01(4) (4) Waiver; exceptional circumstances. The department shall waive the requirements of this section if exceptional circumstances exist. Exceptional circumstances include any of the following:

DWD 129.01(4)(a) (a) An error made by an employee of the department when providing notice to the claimant or a reasonable misunderstanding by the claimant based on information given to the claimant by the department.

DWD 129.01(4)(b) (b) Action by an employer, in any manner, directly or indirectly, instructing, warning, or persuading the claimant not to file a benefit claim.

DWD 129.01(4)(c) (c) The claimant did not comply because the claimant was not aware of the duty to notify the department, and the claimant’s most recent employer failed to post and maintain the notice on claiming unemployment benefits that was supplied to the employer under s. DWD 120.01.

DWD 129.01(4)(d) (d) The claimant performed services as a school year employee in other than an instructional, research, or principal administrative capacity and had reasonable assurance of performing services for the employer in a similar capacity in the 2nd academic year or term but was subsequently not offered the opportunity to perform such services.

DWD 129.01(4)(f) (f) Other exceptional circumstances over which the claimant has no control.

DWD 129.01 History History: Cr. Register, July, 1984, No. 343, eff. 8-1-84; emerg. am. (1), eff. 2-2-93; am. (1), Register, July, 1993, No. 451, eff. 8-1-93; correction in (3) (e) made under s. 13.93 (am) (b) 7., Stats., Register, July, 1993, No. 451; am. (1) and (2) (a), cr. (2) (a) 1. and 2., r. and recr. (2) (b), (3) (a) and (b), r. (2) (c), (3) (g) and (4), renum. (2) (d), (3) (intro.), (c) to (f) to be (2) (c), (4) (intro.) to (d) and am. (4) (intro.), (a), (c) and (d), Register, December, 1995, No. 480, eff. 1-1-96; cr. (4) (e), Register, November, 1999, No. 527, eff. 12-1-99; correction in (2) (b) 2. made under s. 13.93 (2m) (b) 7., Stats., Register, September, 2000, No. 537; am. (2) (a) (intro.), Register, September, 2000, No. 537, eff. 10-1-00; emerg. am. (1), eff. 4-14-02; CR 02-088: am. (1) Register November 2002 No. 563, eff. 12-1-02; CR 06-073: am. (1), (4) (intro.), (a) (b), (c), (d) and (e), r. and recr. (2) (a), (b) and (c), and (3), r. (a) 1. and 2., cr. (4) (f), Register December 2006 No. 612, eff. 1-1-07; correction in (2) (b) 3. made under s. 13.93 (2m) (b) 7., Stats., Register June 2007 No. 618; CR 10-018: am. (1) and (2) (a), r. and recr. (2) (b) 1. and 2., r. (2) (b) 3., 4., (c) and (3) Register September 2010 No. 657, eff. 10-1-10; EmR1316: emerg. renum. (1) to (1) (intro.) and am., cr. (1) (a), (b), renum. (2) (a) to (2) (a) (intro.) and am., cr. (2) (a) 1., 2., am. (2) (b) eff. 9-29-13; CR 13-081: renum. (1) to (1) (intro.) and am., cr. (1) (a), (b), renum. (2) (a) to (2) (a) (intro.) and am., cr. (2) (a) 1., 2., am. (2) (b) Register April 2014 No. 700, eff. 5-1-14; CR 18-033: am. (4) (intro.), (a), r. (4) (e) Register May 2019 No. 761, eff. 6-1-19.

DWD 129.02 DWD 129.02 Establishment of benefit year.

DWD 129.02(1) (1) In order to establish a benefit year under s. 108.06 (2) (a), Stats., a claimant shall:

DWD 129.02(1)(a) (a) Comply with the notification and filing requirements under s. DWD 129.01; and

DWD 129.02(1)(b) (b) Have the minimum amount of wages in the claimant’s base period as required under s. 108.04 (4) (a), Stats.

DWD 129.02(2) (2) A claimant establishing a second or subsequent benefit year shall, in addition to the requirements of sub. (1), comply with the earnings requirement of s. 108.04 (4) (c), Stats.

DWD 129.02 History History: Cr. Register, November, 1989, No. 407, eff. 12-1-89; emerg. am. (1) (a), eff. 2-2-93; am. (1) (a), Register, July, 1993, No. 451, eff. 8-1-93; r. and recr. (1) (a), am. (1) (b), r. (2) and (3), cr. (2), Register, December, 1995, No. 480, eff. 1-1-96.

DWD 129.03 DWD 129.03 Backdating of benefit year; circumstances. Under s. 108.06 (2) (bm), Stats., a claimant’s benefit year begins on the Sunday of the week in which the claimant meets the requirements to establish a benefit year under s. DWD 129.02, except that the department may, by rule, permit a claimant to begin a benefit year before that time. The department shall permit the backdating of a benefit year if an exceptional circumstance exists. Exceptional circumstances include those listed in s. DWD 129.01 (4).

DWD 129.03 History History: Cr. Register, November, 1989, No. 407, eff. 12-1-89; renum. (1) to be 129.03 and am., r. (2), Register, December, 1995, No. 480, eff. 1-1-96; CR 06-073: am. Register December 2006 No. 612, eff. 1-1-07; CR 18-033: am. Register May 2019 No. 761, eff. 6-1-19.

DWD 129.04 DWD 129.04 Department set aside of benefit year.

DWD 129.04(1) (1) Request to set aside a benefit year. Under s. 108.06 (2) (d), Stats., a claimant may request the department to set aside a benefit year.

DWD 129.04(2) (2) Granting a request to set aside a benefit year. Under s. 108.06 (2) (d), Stats., the department shall grant the claimant’s request and cancel the benefit year if the request is voluntary, benefits have not been paid to the claimant, and at the time the department acts upon the request for that benefit year the claimant’s benefits eligibility is not suspended. If the claimant does not meet all of the requirements under s. 108.06 (2) (d), Stats., the department may set aside the benefit year if the conditions in both pars. (a) and (b) are met:

DWD 129.04(2)(a) (a) The department has recovered, or has waived the recovery of, all benefits paid to the claimant for that benefit year or offsets this amount against benefits the claimant would otherwise be eligible to receive at the time the request to set aside a benefit year is made.

DWD 129.04(2)(b) (b) Any of the following exceptional circumstances apply to the claim:

DWD 129.04(2)(b)1. 1. The department terminates coverage of an employer previously subject to ch. 108, Stats., for whom the claimant performed services in the base period and the claimant could not have foreseen this termination of coverage.

DWD 129.04(2)(b)2. 2. The department makes an error relating to the establishment of the claimant’s benefit year.

DWD 129.04(2)(b)3. 3. The wage data used by the department to establish the benefit year is erroneous.

DWD 129.04(2)(b)4. 4. The claimant established a benefit year in the two weeks immediately preceding the first full week of a new calendar quarter, but a benefit year established as of the first full week of the new calendar quarter would give the claimant a higher weekly benefit rate or a higher maximum benefit amount.

DWD 129.04(2)(b)5. 5. The claimant’s first payment in the benefit year was made after an additional initial claim was filed.

DWD 129.04(2)(b)6. 6. The claimant is eligible to start a benefit year in another state.

DWD 129.04(2)(b)7. 7. The cancellation of wage credits under s. 108.04 (5), Stats., reduces the claimant’s maximum benefit amount to less than 5 times the weekly benefit rate.

DWD 129.04(2)(b)8. 8. Other exceptional circumstances exist over which the claimant has no control that are related to establishing a benefit year.

DWD 129.04 History History: Cr. Register, November, 1989, No. 407, eff. 12-1-89; am. (1) (intro.), (2) (a) (intro.), 2., 3. and (b) 1., r. (1) (a) to (c), cr. (2) (a) 4., Register, December, 1995, No. 480, eff. 1-1-96; CR 06-073: am. (1), r. and recr. (2), Register December 2006 No. 612, eff. 1-1-07.

DWD 129.05 DWD 129.05 Payment of benefits.

DWD 129.05(1) (1) Method of payment. The department shall pay benefits by checks mailed to the claimant’s address of record with the department, by electronic deposit to a claimant’s designated bank account, or by debit card issued by the department or its designee, unless the benefits are applied by the department for overpayments, forfeitures, child support payments under s. 108.13, Stats., or other assignments permitted under state or federal law.

DWD 129.05(2) (2) Charging of payment. The department shall charge each benefit payment against an account in the unemployment reserve fund or the administrative account and shall periodically send each employer a record of each payment charged against its account in the fund.

DWD 129.05 History History: Cr. Register, November, 1989, No. 407, eff. 12-1-89; am. Register, December, 1995, No. 480, eff. 1-1-96; CR 10-018: am. (1) Register September 2010 No. 657, eff. 10-1-10.