Chapter DWD 129
BENEFIT CLAIMING PROCEDURES
DWD 129.01 Notice of unemployment. DWD 129.02 Establishment of benefit year. DWD 129.03 Backdating of benefit year; circumstances. DWD 129.04 Department set aside of benefit year. DWD 129.05 Payment of benefits. Ch. DWD 129 NoteNote: Chapter ILHR 129 was created by emergency rule effective 1-8-84. Chapter ILHR 129 was renumbered Chapter DWD 129 under s. 13.93 (2m) (b) 1., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, June, 1998, No. 498. DWD 129.001DWD 129.001 Definitions. Unless the context clearly indicates a different meaning, the definitions in ch. DWD 100 apply to this chapter. DWD 129.001 HistoryHistory: Cr. Register, September, 1995, No. 477, eff. 10-1-95. DWD 129.01(1)(1) Initiating a claim. A claimant is not eligible under s. 108.08, Stats., for benefits for any week of total or partial unemployment unless the claimant notifies the department during that week or within 7 days after the close of that week, of the claimant’s intent to initiate the claim and the claimant complies with the department’s procedures for initiating and continuing claims. If the department provides for a single method for initiating a claim and a claimant has good cause for the claimant’s inability to use that method, the department shall provide reasonable accommodations for the claimant to be able to complete the claim. Good cause for failure to initiate a claim as prescribed by the department shall include, if it prevents the claimant from using the method prescribed by the department, any of the following: DWD 129.01(1)(a)(a) The claimant possesses physical, mental, educational, or linguistic limitations. DWD 129.01(1)(b)(b) The claimant has unusual or unavoidable circumstances beyond the claimant’s control. DWD 129.01 NoteNote: The department shall notify claimants that it will consider alternate methods for initiating a claim if there is good cause for the claimant’s inability to use a computer-based program. In addition, the department shall provide claimants with information about how to request assistance with initiating a claim.
DWD 129.01(2)(2) Continuing a claim by filing a weekly certification. DWD 129.01(2)(a)(a) A claimant is not eligible for benefits for any week of total or partial unemployment unless the claimant files a timely weekly certification with the department. If the department provides for a single method for a claimant to continue a claim by filing a weekly certification and a claimant has good cause for the claimant’s inability to use that method, the department shall provide a reasonable accommodation for the claimant to be able to complete the claim. Good cause for failure to file a weekly certification as prescribed by the department shall include, if it prevents the claimant from using the method prescribed by the department, any of the following: DWD 129.01(2)(a)1.1. The claimant possesses physical, mental, educational, or linguistic limitations. DWD 129.01(2)(a)2.2. The claimant has unusual or unavoidable circumstances beyond the claimant’s control. DWD 129.01 NoteNote: The department shall notify claimants that it will consider alternate methods to file the weekly certification if there is good cause for the claimant’s inability to use a computer-based program. In addition, the department shall provide claimants with information about how to request assistance with weekly claim certification.
DWD 129.01(2)(b)(b) The department shall consider a weekly certification to be filed when the certification is complete and submitted in compliance with the applicable requirements for the methods authorized by the department: DWD 129.01(2)(b)1.1. A claimant may continue a claim only by filing timely weekly certifications no later than 14 days following the end of the week for which benefits are claimed. If the method prescribed by the department for notification for the claimant to use is the internet or telephone, the department shall notify the claimant for which weeks the claimant may file a weekly certification and at the end of the transaction whether the weekly certification has been accepted. The department shall consider a weekly certification to be filed when the certification is complete, timely submitted, and accepted by the department. DWD 129.01(2)(b)2.2. A claimant may not file a weekly certification for any week unless a weekly certification for the immediately preceding week was timely filed or an initial claim was timely filed for the week. DWD 129.01 NoteNote: Example 1:
DWD 129.01 NoteWeek 1 Weekly certification filed timely
DWD 129.01 NoteWeek 2 No weekly claim filed
DWD 129.01 NoteWeek 3 No weekly claim filed
DWD 129.01 NoteWeek 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 NoteExample 2:
DWD 129.01 NoteWeek 1 Weekly certification filed timely
DWD 129.01 NoteWeek 2 No weekly claim filed
DWD 129.01 NoteWeek 3 No weekly claim filed
DWD 129.01 NoteWeek 4 No weekly claim filed
DWD 129.01 NoteWeek 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 HistoryHistory: 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 129.02DWD 129.02 Establishment of benefit year. 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 HistoryHistory: 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 129.03DWD 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 HistoryHistory: 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 129.04DWD 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)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 HistoryHistory: 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(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.
