213.07 UP: Eligibility by Unemployment Compensation History SR 11-30, 07/11 (FAM-A)

A history of unemployment compensation may be used instead of a history of work or education to establish a PWE’s unemployment for UP medical assistance eligibility. An unemployment compensation history means that the PWE met one of the following conditions within the year prior to applying for benefits:

• received unemployment compensation (UC) benefits, or

• was (or is) eligible for UC benefits, even if the benefit check was recouped due to overpayment or diverted to the IRS, Office of Child Support Enforcement Services, or another party.

Example 1

A woman is approved for UC benefits this month. However, two years ago she received UC benefits for 22 weeks. At the end of that time it was learned she had received a large severance payment from her previous employer and failed to report it. When she is approved for benefits this month, Employment Security will divert her entire benefit amount to repay the 22 weeks of overpayments plus accrued interest. But because the woman meets work history, income, and other criteria for UC benefits, her unemployment status is established by her UC history, even while her case is open with Employment Security.

• was monetarily eligible to receive UC benefits. For instance, the PWE may have had sufficient earnings to meet unemployment compensation requirements, but did not apply for UC. Or the PWE may have worked for an employer who did not contribute to the UC fund. Farms, for instance, are not required to contribute to the UC fund for their agricultural workers.

Example 2

A man applied for UC benefits. New Hampshire Employment Security’s computer wage check found no wages reported by an employer. However, the man provided W-2 statements and pay stubs verifying sufficient quarterly and annual earnings to qualify for UC benefits. Nevertheless, the man is not eligible for UC benefits because his employer was a dairy farm, which is not required by law to participate in UC withholding. Even though the man is not eligible for UC benefits, he meets the work history, income, and other criteria for UC benefits, except for the fact he did not work for a covered employer. His unemployment status is established by UC history, even though Employment Security denied his UC benefits.