20 C.F.R. Subpart D—Job Search Allowances
Title 20 - Employees' Benefits
A job search allowance shall be granted an adversely affected worker to assist the individual in securing a job within the United States as provided in this subpart D. (a) Forms. Applications for job search allowances shall be filed in accordance with this subpart D and on forms which shall be furnished to individuals by the State agency. (b) Submittal. An application may be submitted to a State agency at any time by an individual who has been totally or partially separated whether or not a certification covering the individual has been made. However, an application must be submitted to a State agency before the job search begins for the job search allowance to be granted, and the job search may not be approved until after the individual is covered under a certification. (c) Time limits. Notwithstanding paragraph (b) of this section, a job search allowance application may be approved only if submitted before: (1) The 365th day after the date of the certification under which the individual is covered, or the 365th day after the date of the individual's last total separation, whichever is later; or (2) The 182d day after the concluding date of training approved under subpart C of this part 617, or approved under the regulations superseded by this part 617. (a) Conditions. Job search allowance eligibility requires: (1) A timely filed application; (2) Total separation from adversely affected employment at the time the job search commences; (3) Registration with the State agency which shall furnish the individual such reemployment services as are appropriate under subpart C of this part 617. (4) A determination by the State agency that the individual has no reasonable expectation of securing suitable employment in the commuting area, and has a reasonable expectation of obtaining suitable employment of long-term duration outside the commuting area and in the area where the job search will be conducted. For the purposes of this section, the term “suitable employment” means suitable work as defined in §617.3(kk) (1) or (2), whichever is applicable to the individual; and (5) Completion of the job search within a reasonable period not exceeding 30 days after the day on which the job search began. (b) Completion of job search. A job search is deemed completed when the individual either secures employment or has contacted each employer to whom referred by the State agency in connection with a job search. (c) Verification of employer contacts. The State agency shall verify contacts with employers certified by the individual. [51 FR 45848, Dec. 22, 1986, as amended at 59 FR 938, Jan. 6, 1994] (a) Findings by liable State. Before final payment of a job search allowance may be approved, the following findings shall be made by the liable State: (1) The individual meets the eligibility requirements for a job search allowance specified in §617.32(a) (1) through (4); (2) The application for a job search allowance was submitted by the individual within the time limits specified in §617.31(c); and (3) The individual completed the job search within the time limits stated in §617.32(a)(5), and the requirements of paragraphs (b) and (c) of §617.32 have been met. (b) Agent State. (1) When an individual files an application for a job search allowance with respect to a job search conducted in a State other than the liable State, the State agency of the State in which the individual conducts the job search shall serve as the agent State and be responsible for assisting the individual in conducting the job search and in filing an application for a job search allowance with the liable State, and for assisting the liable State by furnishing to it any information required for the liable State's determination of the claim. (2) The agent State shall cooperate fully with the liable State in carrying out its activities and functions with regard to such applications. [59 FR 938, Jan. 6, 1994] (a) Computation. The amount of a job search allowance shall be 90 percent of the total costs of each of the following allowable transportation and subsistence items: (1) Travel. The more cost effective mode of travel reasonably available shall be approved by using: (i) The actual cost of round trip travel by the most economical public transportation the individual reasonably can be expected to take from the individual's residence to the area of job search; or (ii) The cost per mile at the prevailing mileage rate authorized under the Federal travel regulations (see 41 CFR part 101–7) for such roundtrip travel by the usual route from the individual's residence to the area of job search. (2) Lodging and meals. The cost allowable for lodging and meals shall not exceed the lesser of: (i) The actual cost to the individual of lodging and meals while engaged in the job search; or (ii) 50 percent of the prevailing per diem allowance rate authorized under the Federal travel regulations (see 41 CFR part 101–7) for the locality where the job search is conducted. (b) Limit. The total job search allowances paid to an individual under a certification may not exceed $800, regardless of the number of job searches undertaken by the individual. The amounts otherwise payable under paragraph (a) of this section shall be reduced by any amounts the individual is entitled to be paid or reimbursed for such expenses from any other source. [51 FR 45848, Dec. 22, 1986, as amended at 51 FR 45869, Dec. 22, 1986; 53 FR 32351, Aug. 24, 1988; 59 FR 939, Jan. 6, 1994] (a) Determinations. A State agency shall promptly make and record determinations necessary to assure entitlement of an individual to a job search allowance at any time, before or after a certification covering the individual is made. No job search allowance may be paid or advanced to an individual until the State agency determines that the individual is covered under a certification. A State agency shall make payment as promptly as possible upon determining that the individual is covered under a certification and is otherwise eligible. (b) Payment. Unless paragraph (a) of this section applies, a job search allowance shall be paid promptly after an individual completes a job search and complies with paragraph (d) of this section. (c) Advances. A State agency may advance an individual (except an individual not yet covered under a certification) 60 percent of the estimated amount of the job search allowance payable on completion of the job search, but not exceeding $360, within 5 days prior to commencement of a job search. Such advance shall be deducted from any payment under paragraph (b) of this section. (d) Worker evidence. On completion of a job search, the individual shall certify on forms furnished by the State agency as to employer contacts made and amounts expended daily for lodging and meals. Receipts shall be required for all lodging and purchased transportation expenses incurred by the individual pursuant to the job search. An adjustment shall be made if the amount of an advance is less or more than the amount to which the individual is entitled under §617.34.
Title 20: Employees' Benefits
PART 617—TRADE ADJUSTMENT ASSISTANCE FOR WORKERS UNDER THE TRADE ACT OF 1974
Subpart D—Job Search Allowances
§ 617.30 General.
§ 617.31 Applications.
§ 617.32 Eligibility.
§ 617.33 Findings required.
§ 617.34 Amount.
§ 617.35 Time and method of payment.
