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Can students receive Unemployment benefits?

Amy Asked:
Why can’t a full time student with a full time job receive unemployment when he/she gets laid off? How do these kids pay for their schooling if they are laid off and cannot find a job right away?

We Found:
We spoke to Traci Bell-Thomas, from the Ohio Department of Job and Family Services, she says whether a full-time student can receive UC benefit payments while attending school is decided on a case-by-case basis. If you have more specifics, we can provide better guidance. As a general rule, however, an eligible UC claimant can attend school while receiving UC benefit payments in accordance with the policy.

Also, please check out the following sites for student aassistance:
http://www.studentloanborrowerassistance.org/get-answers/
http://www.socialworkers.org/advocacy/updates/2008/020508.asp
http://www.amsa.com/

Unemployment Compensation Policy Guide
Part V, Section XV STUDENTS

A. Issue Description. Full-time or part-time attendance in a school, college, or other type of training course raises questions about a claimant’s availability for work. Generally, the claimant must show that he/she is available for suitable work during the hours normal to the individual’s trade or occupation. In certain situations, a claimant’s work search may be waived and his/her availability for work is not questioned.
A claimant attending and making satisfactory progress in a full-time, approved training program or course is not required to establish his/her ability to work or availability for work. While in e claimant is not required to seek other employment and is permitted to refuse any work offered.
Unpaid training as a prerequisite for employment (formal schooling or on-the-job training) may be approved through the UC Technical Services Section. The claimant may or may not have a firm promise of employment; success in obtaining the job may be dependent upon satisfactory progress and successful completion of the training. The claimant may not be seeking other work while taking such training, but he/she is doing what a reasonably prudent person in the same circumstances would do to seek work and is demonstrating an availability for work. Unless other circumstances raise an availability issue, a claimant who is receiving unpaid training from an employer may be considered available for work.
A claimant who attends school when separated from full-time work and has established availability for work by attending school while working during the base period is considered able and available for work (in the absence of a refusal of an offer of suitable work or a refusal of a referral to suitable work). This claimant is not required to seek work or register with the labor exchange and is not questioned about the hours he/she is available for work.
Either part-time or full-time attendance in any school must be handled on a case-by-case basis as described in the policy details in the remainder of this section. If an individual quit to attend school, refer to UCPG Part IV, Section III - Quit, paragraph B.1.
B. Full-Time Students.
1. Four-year Degree Program. An individual attending school or a college/university on a full-time basis and pursuing a bachelor-degree program (or post-graduate studies) during normal working hours for his/her occupation will be considered unavailable for work unless such individual can clearly establish that he or she is primarily a worker rather than that of a student, unless the situation falls under item 2 below.
In determining whether the individual is primarily a worker, consider such factors as his or her past employment record, flexibility of school schedule, and the amount of time, other than classroom, required to successfully complete the course. In addition, for a full-time student to be considered available for work he/she must be looking for suitable work and there must be some reasonable prospect of his/her being able to obtain full-time employment. A signed statement by the claimant that he/she will drop out of school or attempt to change hours of schooling if employment is obtained does not in itself establish that, as a full-time student, the claimant is available for suitable work. The adjudicator must also consider the claimant’s base period history of working full-time and attending school at the same time.
NOTE: In some circumstances, 4-year degree programs may be approved for individuals enrolled in training through the Bureau of Vocational Rehabilitation (BVR). Refer to item F. in this section for further information.
2. Employed During Base Period. An individual who is attending a regularly established school at the time he/she became unemployed from a full-time job and whose base period wage credits were earned in whole or in part while attending such school is considered to be actively seeking and available for work if such individual makes himself or herself available for suitable work on any shift of hours with his/her most recent or any other base period employer or to other suitable employment to which he/she is referred by the labor exchange. In the absence of a refusal of a referral or an offer of work, the question as to whether the claimant is making himself/herself available for work without a restriction as to hours will not be raised.
This special provision of the law applies also to an individual who is attending school and becomes unemployed from part-time employment. However, in such cases the waiver of the availability and work-seeking provisions of the law apply only if the claimant certifies that he/she is willing to accept suitable employment on any shift of hours with his/her most recent employer, any base period employer or suitable employment to which he/she is referred by the labor exchange service.
These special provisions continue to apply while the individual attends school regardless of any change in the number of hours of school attendance or a change in the school he/she attends, following separation from employment. If the claimant discontinues school (other than normal days off within a school term such as the Christmas period or short break periods of a week or so between consecutive terms), this provision no longer applies. If, after discontinuing, the claimant subsequently reenters school, the regular availability provisions set forth in this section apply.
Note: This special provision applies only to those claimants who attended school during the base period and continued to attend school after they became unemployed. It does not apply to a claimant who entered school subsequent to his/her base period employment.

Posted by on 02/05 at 04:06 PM
No comments for you.

Where was this information obtained from? I am a student who is seeking unemployment benefits and have been working while attending school, so I am pretty sure I am eligible. I want to be able to cite this in case I am denied benefits.

Posted by Dan  on  03/09  at  12:20 PM
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