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Disaster Unemployment Assistance (DUA) provides unemployment benefits for individuals who lost their jobs or self-employment or who are no longer working as a direct result of a major disaster for which a disaster assistance period is declared, and who applied but are not eligible for regular unemployment benefits. See the Eligibility section for details.
Employers may not discharge or discriminate against employees who evacuate under emergency evacuation orders. Employers who violate this provision are liable for any loss of wages or employer-provided benefits and must reinstate the employee to the same or equivalent position.
Emergency personnel and those who provide for the safety and well-being of the public are not covered by this law but their employer must provide them with adequate emergency shelter.
For more information, refer to Emergency Evacuation Discrimination.
DUA payments must be reported as income to the Internal Revenue Service (IRS). For more information, see Federal Income Taxes & Your Unemployment Benefits.
If you are eligible for regular benefits, we must pay those benefits before taking a DUA application.
You may be eligible for DUA if one of the following occurred as a direct result of the disaster:
DUA is available only during the Disaster Assistance Period, which begins with the first Sunday following the date that the major disaster is declared. Federal Emergency Management Agency (FEMA) and DUA regulations determine when the Disaster Assistance Period begins and ends.
Temporary and seasonal workers are only eligible for DUA for the weeks that they would have been employed if the disaster had not occurred. For example, if a seasonal worker was scheduled to work for four weeks after the disaster and then under normal circumstances would be terminated, that worker would be eligible only for four weeks of DUA.
TWC must find out whether you are eligible for regular benefits before you can receive DUA.
After you apply for DUA, you must:
Within 21 days of applying for DUA, TWC must have proof that you were:
If you do not send us proof of employment by the 21-day deadline, we will stop paying you DUA and you will have to repay any benefits you received. In some cases, we can use information in our system, such as wage records, to prove you were employed at the time of the disaster.
Submit your proof of employment using TWC’s UI Submission Portal. Select DUA Proof of Employment at Time of Disaster from the Type of Submission drop-down menu.
If you cannot use the online portal you can submit the proof by fax or mail. Due to the heavy volume of mail, processing the proof received by fax or mail will be delayed.
Mail or fax proof of employment with your DUA Proof of Employment Cover Sheet to:
Texas Workforce Commission
Attn: DUA Proof
P.O. Box 149137
Austin, TX 78714-9137
Fax: 512-936-3250
The proof you send us must be dated just prior to the disaster. Accepted forms of proof include:
To prove self-employment, send one of the following items:
To prove prospective employment, send us a letter from the potential employer that includes all of the following information:
To prove prospective self-employment, send us one of the following:
If you worked in a family unit or business, we will assign wages and net income equally to the adult family members of the business, including wages earned by minors, unless you submit documentation to assign wages differently.
The past wages used to establish your DUA claim may use income not normally covered by regular unemployment, such as contract labor or self-employment earnings.
We will send you a DUA information packet after you apply. If you are missing wages on your DUA Statement of Wages and Potential Benefit Amounts, or if you disagree with the potential benefit amount, you may request a review by sending us all of the following documents:
Fax or mail these documents to TWC at:
Texas Workforce Commission
Attn: DUA Proof
P.O. Box 149137
Austin, TX 78714-9137
Fax: 512-936-3250
Submit your proof promptly. We cannot adjust your wages and weekly benefit amount after the Disaster Assistance Period ends. If we add wages to your claim, we will mail you a new DUA Statement of Wages and Potential Benefit Amounts.
Note: Applicants who submit their tax information may not receive an immediate response. Please do not resubmit unless explicitly asked.
We calculate your DUA weekly benefit amount (WBA) based on past wages during the base period, which is the most recently completed calendar year, January 1 through December 31. This is a different base period than regular unemployment claims.
To determine your DUA weekly benefit amount, we use the base period quarter with the highest wages, divide by 25 and round to the nearest dollar. Your WBA cannot exceed the maximum amount set by state law. You must have wages in at least two base-period quarters and wages totaling at least 37 times your WBA in order to qualify for more than the minimum WBA.
The calculation also applies to self-employed individuals.
The minimum DUA weekly benefit amount is 50% of the state average WBA. For example, if the state average WBA is $315, then the minimum DUA weekly benefit amount would be $157. We will use the minimum weekly benefit amount if you do not have any base period wages or you do not have enough wages to establish a benefit amount using the calculation above.
If you worked part time prior to the disaster, we will reduce your WBA in proportion to the number of hours you worked per week compared to the customary full-time hours for your occupation.
TWC may reduce your DUA payments if you receive any of the following:
DUA claimants can request benefit payment one of three ways:
We will send you a two-week payment request form after you apply for DUA and each time you submit a payment request. Complete the payment request form and fax or mail it back to us on the date shown under your Social Security number.
We pay benefits by direct deposit to a personal checking or savings account, or by TWC debit card.
For help submitting online payment requests, see a tutorial on how to request DUA payments online.
For help on reporting your work and earnings, see a tutorial on how to calculate and report earnings.
If you are not self-employed and work during a benefit payment period, report your hours and gross earnings as part of your payment request. For detailed information, go to Report Your Work & Earnings.
You must report the total amount of wages before deductions such as taxes. Report wages from all work (whether full-time, part-time, temporary, or contract work) in the week you performed the work, NOT when the earnings were paid. For example, if you worked during Week #1 but your employer paid you in Week #2, you must report the wages in Week #1, the week when the wages were earned.
You must actively search for full-time employment (unless exempt). If you are required to search for work, TWC will mail you a Work Search Notification letter listing the required minimum number of work search activities you must make each week and the Guidelines for a Productive Work Search. You must keep track of the number of work search activities you do each week.
You must report earnings and commissions before deductions such as operating expenses. Report your gross income in the week you receive the income, even if you performed the work in a prior week. For example, if you performed services in Week #1 but did not receive payment until Week #2, you must report the gross income in Week #2, the week when you were paid.
You must actively take steps each week to return to normal business activities. You must tell us how many hours per week you spend rebuilding your business. NOTE: If you take another job (whether full-time, part-time, temporary, or contract work), report your wages in the week you performed the work, NOT when the earnings were paid. For example, if you worked during Week #1 but your employer paid you in Week #2, you must report the wages in Week #1, the week when the wages were earned. If you do not plan to reopen your business, you must actively search for full-time employment and record your work search activities to remain eligible for benefits.
Self-employed farmers must also report subsidy/price support payments, crop insurance and farm disaster relief (non-DUA) payments.
DUA eligibility requirements are similar to those for regular unemployment benefits. To receive DUA, you must:
If you disagree with a decision on your DUA claim, you must mail or fax your written appeal no later than 60 days from the date TWC mailed the decision. We will use the postmark on mailed appeal letters or the date we receive your fax appeal letter to determine whether your appeal is timely.
Mail or fax your appeal to:
Texas Workforce Commission
Appeals Department
101 E 15th St, Rm 410
Austin, Texas 78778
Fax: 512-475-1135
Continue to request payment every two weeks as necessary while you wait for the result of the appeal. If the appeal decision is in your favor, we can only pay you for weeks in which you requested payment and met all other requirements.
For more information about the appeals process, visit Introduction to the Unemployment Benefits Appeal Process.
DUA is paid using federal funds. Knowingly giving false information or withholding information to obtain or increase unemployment benefits is fraud, which can be prosecuted under state and federal laws. If you commit fraud, you will lose your remaining benefits, you must repay any benefits you received and you may face criminal charges. If convicted, you could face a fine and jail time. All information is subject to verification by TWC and the U.S. Department of Labor. Criminal or civil penalties or both will be enforced for violation of state and federal laws.
Your claim is confidential. However, we share some information with government agencies and their contractors for the administration and enforcement of laws, including verifying eligibility for public assistance, supporting law enforcement activities, and other purposes permitted by law. Allowable uses of confidential information may include performing statistical analysis, research and evaluation.
Disclosure may be made to entities that manage and evaluate programs such as Social Security, Medicaid, nutrition assistance, and child support. We mail a notice of your claim to your last employer and may communicate with other former employers. If we pay you benefits by debit card, we share information with U.S Bank because it manages your debit-card account. U.S. Bank and government agencies with access to information must agree to comply with state and federal laws regarding the confidentiality of claim information.