Unemployment Insurance Program Letter No. 27-20, Change 2: Unemployment Insurance (UI) Related Technical Assistance for States Administering Lost Wages Assistance (LWA)

Summary

Unemployment Insurance Program Letter No. 27-20, Change 2, issued November 16, 2020 by Assistant Secretary John Pallash of the Department of Labor to State Workforce Agencies on Lost Wages Assistance (LWA). It gives states the link to FEMA's LWA guidance and corrects and supersedes UIPL 27-20, Change 1 on the answer to its Question 11. The letter recounts that a Presidential Memorandum of August 8, 2020 directed FEMA to make other needs assistance available for lost wages under Section 408(e)(2) of the Stafford Act, and that states pay LWA through their UI systems under grant agreements with FEMA. Consistent with FEMA guidance, states may keep issuing LWA payments for eligible weeks claimed on time during the Period of Assistance, including after the program ends and after appeals decided in the applicants' favor, if funding is available within FEMA's total obligation.

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CLASSIFICATION
EMPLOYMENT AND TRAINING ADMINISTRATION Unemployment Insurance
ADVISORY SYSTEM CORRESPONDENCE SYMBOL
U.S. DEPARTMENT OF LABOR OUI/DFAS
Washington, D.C. 20210 DATE
November 16, 2020

ADVISORY: UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 27-20,
Change 2

TO: STATE WORKFORCE AGENCIES

FROM: JOHN PALLASH
Assistant Secretary

SUBJECT: Presidential Memorandum on Authorizing the Other Needs Assistance Program
for Major Disaster Declarations Related to Coronavirus Disease 2019 (COVID-
19)—Unemployment Insurance (UI) Related Technical Assistance for States
Administering Lost Wages Assistance (LWA)

1. Purpose. The purpose of this Unemployment Insurance Program Letter (UIPL) is to provide
states access to the Federal Emergency Management Agency (FEMA) guidance about the
LWA program, which may be found at
https://www.fema.gov/disasters/coronavirus/governments/supplemental-payments-lost-
wages. With regard to Question 11 in the attachment to UIPL 27-20, Change 1, this UIPL
provides a correction to and supersedes UIPL 27-20, Change1.

2. Action Requested. The U.S. Department of Labor’s (Department) Employment and
Training Administration (ETA) requests State Workforce Administrators to provide the
information contained in this UIPL to appropriate program and other staff in state workforce
systems.

3. Summary and Background.

a. Summary – On August 8, 2020, the President signed a Presidential Memorandum
(PM) instructing the Secretary of Homeland Security, acting through FEMA, to make
available other needs assistance (ONA) for lost wages in accordance with Section
408(e)(2) of the Stafford Act (42 U.S.C. § 5174(e)(2)). The Department issued UIPL
No. 27-20 on August 12, 2020 to provide UI-related technical assistance to states on
the implementation of LWA program, and UIPL No. 27-20, Change 1 on August 17,
2020 to respond to questions from states about the LWA program. This UIPL
responds to additional questions received from states about the LWA program.
Answers were developed in coordination with FEMA.

b. Background – LWA is administered by states and territories through a grant
agreement with FEMA. FEMA does not administer these payments directly to

RESCISSIONS EXPIRATION DATE
None Continuing
individuals. The states and territories distribute the funds through their UI system, as
a supplemental payment.

The PM requires the Secretary of Labor to provide, as appropriate, and consistent
with applicable law, technical assistance to FEMA and state governors in the
implementation of LWA programs. As noted above, the Department issued UIPL
No. 27-20 and UIPL No. 27-20, Change 1 to provide such assistance.

4. Guidance. This UIPL provides states with the link to access the FEMA website for
information about the LWA program, including Frequently Asked Questions. In addition,
with regard to the answer to Question 11 in the attachment to UIPL 27-20, Change 1, this
UIPL provides a correction to and supersedes UIPL 27-20, Change 1. States/territories may,
consistent with FEMA guidance, continue to issue LWA payments to claimants for the weeks
they were eligible within the Period of Assistance and in which they submitted timely claims
during the Period of Assistance, where funding is available. Specifically, states may issue
these payments after the program is terminated, provided they have funding available within
the total obligation awarded by FEMA. In addition, with regard to appeals, states/territories
may pay applicants for weeks within the Period of Assistance following appeals that are
decided in the applicants’ favor during the Period of Performance if funding is available
within the total obligation awarded by FEMA.

For additional information on FEMA’s guidance and Frequently Asked Questions, please see
https://www.fema.gov/disasters/coronavirus/governments/supplemental-payments-lost-
wages-guidelines#grant-closeout.

5. Inquiries. States should direct inquiries regarding LWA to fema-
ihphelpdesk@fema.dhs.gov. States may direct inquiries regarding the intersection of LWA
with unemployment benefit programs to covid-19@dol.gov.

6. References.

 Coronavirus Aid, Relief, and Economic Security (CARES) Act (Pub. L. 116-136),
including Title II Subtitle A Relief for Workers Affected by Coronavirus Act;
 Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.);
 Presidential Memorandum, Authorizing the Other Needs Assistance Program for Major
Disaster Declarations Related to Coronavirus Disease 2019, issued August 8, 2020;
 UIPL 27-20, Presidential Memorandum on Authorizing the Other Needs Assistance
Program for Major Disaster Declarations Related to Coronavirus Disease 2019
(COVID19)—Unemployment Insurance (UI)-Related Technical Assistance for States
Administering Lost Wages Assistance (LWA), issued August 12, 2020,
https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=7859;
 UIPL No. 27-20, Change 1, Presidential Memorandum on Authorizing the Other Needs
Assistance Program for Major Disaster Declarations Related to Coronavirus Disease
2019 (COVID19)—Unemployment Insurance (UI) Related Technical Assistance for

2
States Administering Lost Wages Assistance (LWA) Questions and Answers, issued
August 17, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=4387;
 Grants.gov Application at https://www.grants.gov/web/grants/view-
opportunity.html?oppId=328611; and
 FEMA Website at https://www.fema.gov/disasters/coronavirus/supplemental-payments-
lost-wages.

7. Attachment(s). None

File and source

File: UIPL_27-20_Change_2.pdf
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Our copy: UIPL_27-20_Change_2.pdf
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