Current through Register 2025 Notice Reg. No. 13, March 28, 2025
(a) "New Claim"
means an application for the establishment of a benefit year and a computation
of the maximum benefits payable and the weekly rate. (For a general description
of the claims filing procedures for unemployment benefits, see Section
1326-1 of these
regulations.)
(b) Any person who is
an unemployed individual, as defined in Sections 1252 or 1279.5 of the code,
may file a new claim. (See Sections
1252-1,
1252.1-1, and
1252.2-1 of these regulations.)
The claimant shall file the new claim by contacting the department and shall
set forth:
(1) His or her first and last name,
and middle initial if applicable.
(2) His or her social security account
number, and any other names and social security account numbers by which the
claimant is or was known.
(A) The department
may require the claimant to verify the social security account number as being
the one issued to him or her by the Social Security Administration if the
information available to the department indicates that the social security
account number presented by the claimant may belong to another individual, is
not a valid social security account number, or was never issued by the Social
Security Administration, or that the wages shown in the base period of the
claim may belong to another individual.
(B) If the department requires a claimant to
verify the social security account number which he or she has provided to the
department during the claim application, the claimant must submit verification
of his or her social security account number through the Social Security
Administration, or he or she may submit to the department a copy of his or her
annual statement issued to him or her by the Social Security
Administration.
(3) His
or her date of birth, including month, day, and year.
(5) His or her current mailing
address.
(6) His or her current
residence address.
(7) His or her
driver's license number or identification card number, provided that the
driver's license or identification card was issued by a local, state, or
federal agency, or a foreign government, and the card contains his or her full
name, date of birth, and photograph.
(8) The date he or she last worked for his or
her most recent employer.
(9) The
reason he or she is no longer working for his or her most recent employer. The
department shall promptly notify the individual's most recent employer of the
reason the individual has given as to the reason he or she is no longer working
for his or her most recent employer. The department may use the claimant's
statement as to the reason he or she is no longer working for his or her most
recent employer to assign the individual an appropriate seek work
plan.
(10) The name and mailing
address of his or her most recent employer, except in cases where due to
reasons beyond the claimant's control, the claimant does not know the name or
address of his or her most recent employer. For example, the claimant may have
no record of wages paid, or his or her most recent employer may now be out of
business, the employer may have moved, or the employer may have died.
(11) The name or names of his or her base
period employer or employers; the estimated wages that individual earned during
the base period; and the approximate periods of employment for that individual
with the base period employer or employers. If the information available to the
department indicates that the wages reported for that individual may not belong
to that individual, the department may require that individual to provide
information to substantiate that he or she earned the reported wages
(12) Whether he or she in the 19 months
preceding the filing of a new claim served in the United States armed forces,
or worked for an agency of the State of California, of another state or of the
federal government, or worked for an employer in another state.
(13) Whether he or she has filed a claim for
unemployment insurance or disability insurance against California, against
another state or against the federal government in the past 24
months.
(14) Whether he or she is a
member of a union, and if so, the name and number of the union local, and
whether he or she is registered as out of work with his or her union.
(15) Whether he or she is unemployed or
working part time and knows the law requires true and complete answers, and
that he or she may be required to register for work (as defined in Section
1251-1 of these
regulations).
(16) A statement that
the claimant is a citizen or national of the United States and, if not, that
the claimant is in a satisfactory immigration status, as defined in Section
1326-13(c)(1) of
these regulations. The claimant shall also make the statement set forth in
Section 1264-1(d) of
these regulations, as to his or her citizenship or immigration status during
the base period.
(17) Such other
information as the department may require.
(c) Immediately following filing of the new
claim, the department shall:
(1) Notify the
claimant in writing of his or her claim information, as provided by the
claimant to the department. The claimant notification may include, but shall
not be limited to the following information:
(A) The beginning date of the claim
filed.
(B) The last employer name,
address, city, state, and zip code as provided by the claimant.
(C) The last day worked as provided by the
claimant.
(D) The reason no longer
working as provided by the claimant.
(E) Whether or not the claimant is receiving
a pension or other income.
(F)
Whether or not the claimant is able and available to accept full time
work.
(G) Whether or not the
claimant has the legal right to work in the United States.
(H) The social security number provided by
the claimant, or the Employment Development Department Client Number assigned
to that claimant by the department.
(2) Notify the claimant that he or she may
contact the department by telephone or in writing to correct any omissions or
errors within ten (10) days from the mailing date of the claimant notification.
The notification shall specify how to contact the department by telephone or in
writing.
1.
Repealer and new section filed 3-28-79; effective thirtieth day thereafter
(Register 79, No. 13).
2. Amendment of subsection (b) filed 1-28-82;
effective thirtieth day thereafter (Register 82, No. 5).
3.
Renumbering of amendment of former subsection (b)(1) to subsection (b)(2) and
renumbering of former subsection (b)(2) to subsection (b)(1), repealer of
subsection (b)(6), renumbering of subsections (b)(7)-(b)(14) to subsections
(b)(6)-(b)(13) and new subsection (b)(14) filed 10-3-88; operative 10-3-88
pursuant to Government Code section
11346.2(d)
(Register 88, No. 42).
4. Editorial correction of printing error
inadvertently including obsolete copy of subsection (6), consequently
mislabelling subsections (7) through (13), and omitting new subsection (14)
text. (Register 91, No. 10).
5. Amendment of section heading, text
and NOTE filed 3-11-94 as an emergency; operative 3-11-94 (Register 94, No.
10). A Certificate of Compliance must be transmitted to OAL by 7-11-94 or
emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 3-11-94 order transmitted to
OAL 7-11-94 and filed 8-18-94 (Register 94, No. 33).
7. Amendment of
subsections (b), (b)(2) and (b)(8), repealer of subsection (b)(13) and (b)(15)
and subsection renumbering and amendment of newly designated subsection (b)(13)
filed 5-6-96; operative 6-5-96 (Register 96, No. 19).
8. New
subsections (c)(1)-(2) and amendment of NOTE filed 8-5-99 as an emergency;
operative 8-5-99 (Register 99, No. 32). A Certificate of Compliance must be
transmitted to OAL by 12-3-99 or emergency language will be repealed by
operation of law on the following day.
9. Certificate of Compliance
as to 8-5-99 order transmitted to OAL 10-25-99 and filed 12-8-99 (Register 99,
No. 50).
10. Amendment filed 7-21-2003 as an emergency; operative
7-21-2003 (Register 2003, No. 30). A Certificate of Compliance must be
transmitted to OAL by 11-18-2003 or emergency language will be repealed by
operation of law on the following day.
11. Certificate of Compliance
as to 7-21-2003 order transmitted to OAL 11-7-2003 and filed 12-24-2003
(Register 2003, No. 52).
12. Editorial correction of subsection
(b)(15) (Register 2004, No. 10).
Note: Authority cited: Sections
305
and
306,
Unemployment Insurance Code. Reference: Sections
1264,
1279.5,
1326
and
1327,
Unemployment Insurance Code; Section 1324 a(b), Title 8, United States Code;
Section 1320 b-7(d), Title 42, United States Code; and Section 55, Chapter 329,
Statutes of 1998.
