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Sweeney v. Unemployment Compensation Board of Review

Commonwealth Court of Pennsylvania

September 5, 2013

Patricia Sweeney, Petitioner
v.
Unemployment Compensation Board of Review, Respondent

Submitted: June 21, 2013.

BEFORE: HONORABLE BERNARD L. McGINLEY, Judge HONORABLE ROBERT SIMPSON, Judge HONORABLE JAMES GARDNER COLINS, Senior Judge

OPINION

BERNARD L. McGINLEY, Judge.

Patricia L. Sweeney (Claimant), petitions for review of an adjudication of the Unemployment Compensation Board of Review (Board) that affirmed the Referee's grant of benefits to Claimant under Section 4001(b) of Public Law 100-252, 26 U.S.C. §4001(b) note, at a weekly benefit amount of $300.00 and partial benefit credit of $120.00.

The Board made the following relevant findings of fact:

1. The claimant filed a claim for regular unemployment compensation (UC) benefits with an application date of January 17, 2010.
2. Under this initial claim for UC benefits, the claimant received a weekly benefit amount of $300.00 and a partial benefit credit of $120.00.
3. The claimant exhausted regular UC benefits and established an emergency unemployment compensation (EUC) claim with the same weekly benefit amount and partial benefit credit.
4. On January 1, 2012, the claimant filed a new application for regular UC benefits and received a weekly benefit amount of $573.00 and partial benefit credit of $230.00.
5. As of the compensable week ending July 7, 2012, the claimant exhausted regular UC benefits on the claim dated January 1, 2012, and returned to the prior established EUC claim with an application date of January 17, 2010, at the former weekly benefit amount of $300.00 and partial benefit credit of $120.00.
DISCUSSION: ….
Here, the claimant had two benefit years in which she qualified for EUC benefits. For the benefit year beginning January 17, 2010, the claimant received a weekly benefit amount of $300.00. For the benefit year beginning January 17, 2012 the claimant received a weekly benefit amount of $573.00.
The Unemployment Compensation Extension Act of 2010 amended the Supplemental Appropriations Act of 2008 to provide that if a claimant qualified for new regular benefits but the new benefits would be either $100.00 or 25 percent less than the EUC benefits he or she was currently receiving, a state was permitted to defer payment of regular UC benefits until the EUC benefits were exhausted. P.L. 11-205, 124 Stat. 2236 (2010).
Contrary to the claimant's argument on appeal, the 2010 amendment was not applicable here because the claimant's 2012 regular benefit amount was greater than the 2010 EUC benefits she was receiving. Therefore, the claimant must first exhaust her 2010 EUC claim at a ...

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