PART IV

CHAPTER 13

READJUSTMENT ALLOWANCES

413.1 Readjustment Allowances.

413.2 Eligibility, General Requirements for.

413.3 Eligibility, Special Conditions of.

413.4 Disqualifications.

413.5 Self-Employment, Special Eligibility Conditions of. 413.6 Allowances, Amounts of.

413.7 Allowances, Duration of.

413.8

Penalties.

413.9 Future Adjusted Compensation, Deductions from.

PART IV

CHAPTER 13

READJUSTMENT ALLOWANCES

413.1 Readjustment Allowances.-(a) Under certain conditions of eligibility, money payment of readjustment allowances are available to former members of the armed forces in World War II, to assist them to become established in gainful civilian occupations. They are authorized under title V of the Servicemen's Readjustment Act of 1944, popularly known as the GI Bill of Rights.

(b) There are two types of allowances:

(1) Payments for weeks of total or partial unemployment. (2) Payments for calendar months of self-employment for profit when the profit fails to equal $100 per month.

(c) To claim readjustment allowances, a veteran should apply at a local office of the State unemployment compensation agency or of the United States Employment Service. In Puerto Rico and other United States possessions, the veteran should apply at readjustment allowance offices of the local Veterans' Administration. Detailed information concerning eligibility requirements, claims, filing procedures, appeals, entitlements, laws, rules, regulations, and instructions may be obtained from State unemployment compensation agencies or local offices of the United States Employment Service.

413.2 Eligibility, General Requirements for.-An individual is qualified for either type of readjustment allowance only if he or she

(1) Served in active military or naval service of the United States at any time after September 16, 1940, and prior to the termination of World War II;

(2) Served 90 days or more, or was separated from the service by reason of an injury or disability incurred in service in line of duty;

(3) Was released from active service under conditions other than dishonorable;

(4) Is a resident of the United States, its territories or possessions at the time of claiming allowances.

413.3 Eligibility, Special Conditions of.-An individual who qualifies under the above general eligibility requirements is eligible for an allowance for each week with respect to which he or she

(1) Was totally or partially unemployed;

(2) Claims such allowance according to prescribed procedures;

(3) Is registered for work with a public employment office; (4) Is able to work and available for suitable work, except this eligibility requirement will not apply if the veteran becomes unable and unavailable due to an illness or disability which occurs after the beginning of a period of continuous unemployment for which a claim has been initiated;

(5) Is not receiving increased pension for vocational rehabilitation or training;

(6) Is not receiving subsistence allowance under the educational provisions of the act;

(7) Is not unemployed due to a stoppage of work because of a labor dispute in which he is participating or directly interested, or does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in or directly interested in the dispute: Provided, however, that if in any case separate branches of work, which are commonly conducted as separate business in separate premises, are conducted in separate departments of the same premises, each such department shall, for the purposes of readjustment allowances, be deemed to be a separate factory, establishment, or other premises.

413.4 Disqualifications. (a) A veteran claiming allowances for total or partial unemployment shall be disqualified for 1 week and may be disqualified for additional weeks if he or she

(1) Leaves suitable work voluntarily without good cause or is suspended or discharged for misconduct in the course of such employment;

(2) Fails, without good cause, to apply for suitable work to which he or she has been referred by a public employment office or to accept suitable work when offered;

(3) Fails to attend an available free training course as required by regulations issued pursuant to provisions of the law. (b) Weeks for, which disqualifications are assessed are not charged against the number of weeks of entitlement to which a veteran has been determined eligible.

413.5 Self-Employment, Special Eligibility Conditions of.-A veteran qualifying under general eligibility requirements is eligible for readjustment allowance for any calendar month for which he or she claims an allowance according to procedures prescribed and during which he or she was fully self-employed for profit and had net earnings of less than $100.

413.6 Allowances, Amounts of.-Readjustment allowances are payable to eligible veterans as follows:

(1) For total unemployment, $20 per week;

(2) For partial unemployment, $20 per week, less wages in excess of $3;

(3) For self-employment, $100 for a calendar month, less net earnings for such month.

413.7 Allowances, Duration of.-(a) Allowances are payable to eligible veterans for the following periods:

(1) For total or partial unemployment of from 8 weeks to 52 weeks, depending on length of the veteran's qualifying service in the armed forces;

(2) For self-employed veterans from 13% months to 10% months, depending on length of veteran's qualifying service in the armed forces.

(b) Allowances are available for 2 years after date of discharge or release from service or for 2 years after the termination of the war whichever is later. However, no allowances are payable for periods beginning more than 5 years after the end of the war.

413.8 Penalties. Severe penalties, including loss of allowance rights, fines, and prison terms are prescribed for knowingly claiming or accepting allowances illegally.

413.9 Future Adjusted Compensation, Deductions from.Readjustment allowances paid to a veteran will be deducted from any payments in the nature of adjusted compensation for which the veteran may be eligible in the event that any such payments are authorized in the future.