Hey, guys, it's Ginny Silver.
Many of you who are receiving California Edd Pua unemployment
benefits are letting me know in the comments that you are
confused about a message sent to you by the Edd stating that
they will require self employment documentation.
The message sent by Edd States that due to new federal rules
affecting your PUA claim, you are required to provide documentation
that shows that you were or planned to be self employed or
employed at some point during the calendar year before beginning
your PUA claim.
If you have not already provided the documentation, we will
notify you when it is time to complete this requirement.
Important, you are required to provide this documentation
even if you have returned to work and are no longer seeking
Pua benefits.
If you do not submit this documentation that shows that you
were employed, self employed, or planning to be self employed,
you may be disqualified from receiving PUA benefits and be
required to repay the benefits you received on your PUA claim.
Now, many of you are quite concerned about this, so I want
to walk you through what this means, what you will need to
provide, and what will happen if you cannot provide that
documentation. Effective December 27 with the Continued Assistance
Act, anyone who applies for and is approved for PUA is required
to submit documentation to substantiate their employment
and self employment or planned commencement of selfemployment.
The Department of Labor States that proof of selfemployment
includes, but is not limited to, state or federal employer
identification numbers, business licenses, tax returns, business
receipts, and signed affidavits from persons verifying the
individual's selfemployment.
Also accepted is proof of planned commencement of self employment,
which the Department of labor says would include but is not
limited to, business licenses, state or federal employer
identification numbers, written business plans, or a lease
agreement. What this means is that the Edd will now be asking
to collect your proof of selfemployment documentation, so
any of those items that I listed will make you compliant
for showing documentation of self employment.
You may also show documentation of intent to comment selfemployment
if you didn't actually begin your self employment yet.
So what if you fail to comply?
Individuals who do not provide documentation, substantiating
self employment, or plan self employment within the required
time frame are not eligible for PUA.
So if you're not eligible, if you don't have any proof, any
documents at all, will you have to repay back all of the
Pua benefits received?
Or will you be reduced down to a $167 minimum a balance?
Those of you who claimed a higher self employment income
than you actually have documentation for will be reduced
down to a $167 minimum weekly benefit award amount.
You would then be required to pay back any benefits awarded
to you above that $167 per week minimum.
This would mean that you do have documentation of your self
employment or plan to commence self employment, but do not
have documentation of the higher amount, which increased
your weekly benefit award amount.
But for those of you who do not have any of the approved
documentation to prove that you had self employment income
or plan to commence selfemployment, the Department of Labor
States, if the individual fails to submit such documentation,
the state may only establish an overpayment for those weeks
of unemployment ending on or after December 27, 2020.
This means that if you do not have any documentation at all,
all of your paid benefits that were paid for claim weeks
after December 27 and onward is going to be issued in over
payment notice.
So if you cannot procure any of the documentation that is
required and you are issued an overpayment notice is an overpayment
waiver and option.
Now, overpayment waivers are optional, but the state can
decide to utilize an overpayment waiver if the claimant did
not commit fraud, had the overpayment issue to them through
no fault of their own, and it would cause a financial hardship
to the person from whom it is sought.
This means that an overpayment labor is not guaranteed.
That may be an option depending on your circumstance.
Now, the Edd did reply to my questions today with some minimal
information, letting me know that this is a preliminary notice
and that if you are trying to upload your documentation now,
you are to await the next notice with more detailed information.
Okay, you guys, I hope that was helpful.
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