20 C.F.R. Subpart E—Relocation Allowances
Title 20 - Employees' Benefits
A relocation allowance shall be granted an adversely affected worker to assist the individual and the individual's family, if any, to relocate within the United States as stated in this subpart E. A relocation allowance may be granted an individual only once under a certification. A relocation allowance shall not be granted to more than one member of a family with respect to the same relocation. If applications for a relocation allowance are made by more than one member of a family as to the same relocation, the allowance shall be paid to the head of the family if otherwise eligible. (a) Forms. Applications for a relocation allowance shall be filed in accordance with this subpart E and on forms which shall be furnished by the State agency. (b) Submittal. An application may be submitted to the State agency at any time by an individual who has been totally or partially separated regardless of whether a certification covering the individual has been made. However, an application must be submitted to a State agency before the relocation begins for the relocation allowance to be granted, and the relocation may not be approved until after the individual is covered under a certification. (c) Time limits. Notwithstanding paragraph (b) of this section, an application for a relocation allowance may not be approved unless submitted before: (1) The 425th day after the date of the certification under which the individual is covered, or the 425th 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day after the concluding date of training approved under subpart C of this part 617, or approved under the regulations superseded by this part 617.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. Eligibility for a relocation allowance requires: (1) A timely filed application; (2) Total separation from adversely affected employment at the time relocation commences; (3) No prior receipt of a relocation allowance under the same certification; (4) Relocation within the United States and outside the individual's present commuting area; (5) Registration with the State agency which shall furnish the individual such reemployment services as are appropriate under subpart C of this part 617; (6) A determination by the State agency that the individual has no reasonable expectation of securing suitable employment in the commuting area, and has obtained suitable employment affording a reasonable expectation of employment of long-term duration, or a bona fide offer of such suitable employment, outside the commuting area and in the area of intended relocation. For the purposes of this section, the term “suitable employment” means suitable work as defined in §617.3(kk) (1) and (2), whichever is applicable to the individual; and (7) Relocation beginning within a reasonable period, as determined under §617.43(b), and completion of such relocation within a reasonable period of time as determined in accordance with Federal travel regulations and §617.43(a). (b) Job search. Applications for a relocation allowance and a job search allowance may not be approved concurrently, but the prior payment of a job search allowance shall not otherwise preclude the payment of a relocation allowance. [51 FR 45848, Dec. 22, 1986, as amended at 59 FR 939, Jan. 6, 1994] (a) Applicable considerations. In determining whether an individual's relocation is completed in a reasonable period of time, a State agency, among other factors, shall consider whether: (1) Suitable housing is available in the area of relocation; (2) The individual can dispose of the individual's residence; (3) The individual or a family member is ill; and (4) A member of the individual's family is attending school and when the member can best be transferred to a school in the area of relocation. (b) Time limits. The reasonable period for actually beginning a relocation move shall expire 182 days after the date of application for a relocation allowance, or 182 days after the conclusion of training approved under subpart C of this part 617, or approved under the regulations in former 29 CFR part 91, in effect prior to its redesignation as this 20 CFR part 617 and its concurrent revision. (a) Findings by liable State. Before final payment of a relocation allowance may be approved, the following findings shall be made by the liable State: (1) The individual meets the eligibility requirements for a relocation allowance specified in §617.42(a) (1) to (6) and §617.42(b). (2) The application for a relocation allowance was submitted by the individual within the time limits specified in §617.41(c); (3) The individual began and completed the relocation within the limitations specified in §617.42(a)(7) and §617.43; and (4) The liable State has verified (directly or through the agent State) with the employer, and finds, that the individual has obtained suitable employment affording a reasonable expectation of employment of long-term duration, or a bona fide offer of such suitable employment, in the area of intended relocation, in accordance with §617.42(a)(6). (b) Agent State. (1) When an individual relocates in a State other than the liable State, the State agency of the State in which the individual relocates shall serve as the agent State and be responsible for: (i) Assisting the individual in relocating to the State, and in filing an application for a relocation allowance with the liable State, and (ii) Assisting the liable State by furnishing to it any information required for the liable State's determination on the claim. (2) The agent State shall cooperate with the liable State in carrying out its activities and functions with regard to such applications. When requested by the liable State, the agent State shall verify with the employer and report to the liable State whether the individual has obtained suitable employment affording a reasonable expectation of employment of long-term duration, or a bona fide offer of such suitable employment. [59 FR 939, Jan. 6, 1994] (a) Items allowable. The amount payable as a relocation allowance shall include the following items: (1) 90 percent of the travel expenses for the individual and family, if any, from the individual's place of residence to the area of relocation, as determined under §617.46; (2) 90 percent of the expenses of moving household goods and personal effects of the individual and family, if any, not to exceed the maximum number of pounds net weight authorized under the Federal travel regulations (see 41 CFR part 101-7), between such locations, as determined under §617.47; and (3) A lump sum payment, equal to 3 times the individual's average weekly wage, not to exceed $800. (b) Reduction. The amount otherwise payable under paragraphs (a)(1) and (a)(2) of this section shall be reduced by any amount 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] (a) Computation. The amount of travel allowance (including lodging and meals) payable under §617.45(a)(1) shall be 90 percent of the total costs of each of the following allowable transportation and subsistence items: (1) Transportation. The more cost effective mode of transportation reasonably available shall be approved by using: (i) The actual cost of transportation for the individual and family, if any, by the most economical public transportation the individual and family reasonably can be expected to take from the individual's old residence to the individual's new residence in the area of relocation; or (ii) The cost per mile at the prevailing mileage rate authorized under the Federal travel regulations (see 41 CFR part 101-7) for the usually traveled route from the individual's old residence to the individual's new residence in the area of relocation. No additional mileage shall be payable for family members traveling on the same trip in the same vehicle. (2) Lodging and meals. The cost allowable for lodging and meals for an individual or each member of the individual's family shall not exceed the lesser of: (i) The actual cost to the individual for lodging and meals while in travel status; 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 to which the relocation is made. (b) Separate travel. If, for good cause, a member or members of an individual's family must travel separately to the individual's new residence, 90 percent of the total costs of such separate travel, computed in accordance with paragraph (a) of this section, shall be included in calculating the total amount the individual is entitled to be paid under this subpart E. For purposes of this paragraph (b), good cause means such reasons as would justify the family member's inability to relocate with the other members of the individual's family, including but not limited to reasons related to the family member's health, schooling or economic circumstances. (c) Limitation. In no case may the individual be paid a travel allowance for the individual or a member of the individual's family more than once in connection with a single relocation. [51 FR 45848, Dec. 22, 1986, as amended at 53 FR 32351, Aug. 24, 1988] (a) Computation. The amount of a moving allowance payable under §617.45(a)(2) shall be 90 percent of the total of the allowable costs under either (1), (2), or (3) of this paragraph, and 90 percent of the total allowable costs under (4) of this paragraph: (1) Commercial carrier. Allowable costs for moving household goods and personal effects of an individual and family, if any, shall not exceed the maximum number of pounds net weight authorized under the Federal travel regulations (see 41 CFR part 101-7) by commercial carrier from the individual's old residence to the individual's new residence in the area of relocation, including reasonable and necessary accessorial charges, by the most economical commercial carrier the individual reasonably can be expected to use. Before undertaking such move, the individual must submit to the State agency an estimate from a commercial carrier as to the cost thereof. Accessorial charges shall include the cost of insuring such goods and effects for their actual value or $10,000, whichever is least, against loss or damage in transit, if a bid from a licensed insurer is obtained by the individual and approved by the State agency before departure. If a State agency finds it is more economical to pay a carrier an extra charge to assume the responsibility of a common carrier for such goods and effects, 90 percent of such extra charge, but not exceeding $50, shall be paid in lieu of the cost of insurance. (2) Trailer or rental truck—(i) Trailer. If household goods and personal effects are moved by trailer, the allowable costs shall be: (A) If the trailer is hauled by private vehicle, the cost per mile for the use of the private vehicle at the prevailing mileage rate authorized under the Federal travel regulations (see 41 CFR part 101-7) for the usually traveled route from the individual's old residence to the individual's new residence in the area of relocation; and (B) lf the trailer is rented, and of the type customarily used for moving household goods and personal effects, the rental fee for each day reasonably required to complete the move; or (C) The actual charge if hauling is by commercial carrier, (ii) Rental truck. If household goods and personal effects are moved by rental truck of the type customarily used for moving household goods and personal effects, the allowable costs shall be: (A) The rental fee for each day reasonably required to complete the move; and (B) The necessary fuel for such rental truck paid by the individual. (3) House trailer. If a house trailer or mobile home was used as the individual's place of residence in the old area and will be so used in the new area, the allowable costs of moving such house trailer or mobile home shall be: (i) The commercial carrier's charges for moving the house trailer or mobile home; (ii) Charges for unblocking and reblocking; (iii) Ferry charges, bridge, road, and tunnel tolls, taxes, fees fixed by a State or local authority for permits to transport the unit in or through its jurisdiction, and retention of necessary flagmen; and (iv) The cost of insuring the house trailer or mobile home, and the personal effects of the individual and family, against loss or damage in transit, in accordance with the provisions in paragraph (a)(1) of this section. (4) Temporary storage. If temporary storage of household goods and personal effects is necessary, the cost of such temporary storage for a period not to exceed 60 days. (b) Travel. Payments under this section shall be in addition to payments for travel expenses for the individual and family, if any, under §617.45(a)(1), except that the allowable cost for a private vehicle used to haul a trailer may not be paid under this section if any cost with respect to such private vehicle is payable under any other provisions of this subpart E. (a) Determinations. A State agency shall promptly make and record determinations necessary to assure an individual's entitlement to a relocation allowance at any time, before or after a certification covering the individual is made. No relocation 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) Travel and moving allowances. Allowances computed under §§617.46 and 617.47 shall be paid as follows: (1) Travel—(i) Transportation and subsistence. The amounts estimated under §617.46 at 90 percent of the lowest allowable costs shall be paid in advance at the time an individual departs from the individual's residence to begin relocation or within 10 days prior thereto. An amount payable for a family member approved for separate travel shall be paid to the individual at the time of such family member's departure or within 10 days prior thereto. (ii) Worker evidence. On completion of a relocation, the individual shall certify on forms furnished by the State agency as to the amount expended daily for lodging and meals. Receipts shall be required for all lodging and purchased transportation expenses incurred by the individual and family, if any, pursuant to the relocation. 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 §617.46. (2) Moving. The amount estimated under §617.47 at 90 percent of the lowest allowable costs shall be paid: (i) Commercial carrier. (A) If household goods and personal effects are moved by commercial carrier, 90 percent of the amount of the estimate submitted by the individual under §617.47(a)(1) and approved by the State agency for covering the cost of such move, and 90 percent of the other charges approved by the State agency under §617.47(a)(1) shall be advanced by check or checks payable to the carrier and insurer, and delivered to the individual at the time of the scheduled shipment or within 10 days prior thereto. On completion of the move, the individual shall promptly submit to the State agency a copy of the bill of lading prepared by the carrier, including a receipt evidencing payment of moving costs. The individual shall with such submittal reimburse the State agency the amount, if any, by which the advance made under this paragraph (b)(2)(i) exceeds 90 percent of the actual moving costs approved by the State agency. The individual shall be paid the difference if the amount advanced was less than 90 percent of the actual moving costs approved by the State agency. (B) If more economical, a State agency may make direct arrangements for moving and insuring an individual's household goods and personal effects with a carrier and insurer selected by the individual and may make payment of 90 percent of moving and insurance costs directly to the carrier and insurer. No such arrangement shall release a carrier from liability otherwise provided by law or contract for loss or damage to the individual's goods and effects. The United States shall not be or become liable to either party for personal injury or property loss damage under any circumstances. (ii) Trailer or rental truck—(A) Private vehicle with trailer. If the move is by private vehicle and trailer, the allowable cost for the use of the private vehicle shall be made at the time payment is made under paragraph (b)(1) of this section. (B) Rental trailer or rental truck. If the move is by rental trailer or rental truck: (1) The individual shall submit an estimate of the rental cost from the rental agency; and (2) 90 percent of such estimated rental cost may be advanced by check payable to the order of the individual and the rental agency at the time payment is made under paragraph (b)(1) of this section; and (3) On completion of the move the individual shall submit promptly to the State agency a receipted bill itemizing and evidencing payment of the rental charges for the trailer or truck and fuel costs, and shall reimburse the State agency for the amount, if any, by which the advance made for the trailer or truck exceeds 90 percent of the rental charges approved by the State agency. If the amount of the advance was less than 90 percent of the rental charges, the individual shall be paid the difference. (iii) House trailer. If a house trailer or mobile home is moved by commercial carrier, the individual shall submit to the State agency an estimate of the cost of the move by the commercial carrier. A check for 90 percent of the amount of the estimate, if approved, payable to the individual and the carrier, may be delivered to the individual at the time of the scheduled move or within 10 days prior thereto. (c) Lump sum allowance. The lump sum allowance provided in §617.45(a)(3) shall be paid when arrangements are completed for relocation of the individual and family, if any, but not more than 10 days before the earlier of the individual's anticipated departure from the individual's residence to begin relocation or the anticipated date of shipment of the individual's household goods and personal effects. (d) Relocation completed. A relocation is completed when an individual and family, if any, and their household goods and personal effects arrive at the individual's residence in the area of relocation. If no household goods and personal effects are moved, a relocation is completed when the individual and family, if any, arrive in the area of relocation and establish a residence in the new area. The later arrival of a family member approved for separate travel shall not alter the date a relocation was completed.
Title 20: Employees' Benefits
PART 617—TRADE ADJUSTMENT ASSISTANCE FOR WORKERS UNDER THE TRADE ACT OF 1974
Subpart E—Relocation Allowances
§ 617.40 General.
§ 617.41 Applications.
§ 617.42 Eligibility.
§ 617.43 Time of relocation.
§ 617.44 Findings required.
§ 617.45 Amount.
§ 617.46 Travel allowance.
§ 617.47 Moving allowance.
§ 617.48 Time and method of payment.
