Regulations Governing Extension of Unemployment Benefit Payment to Workers with Employment Insurance
2010-09-10
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Article 1
These Regulations are established in pursuance to Paragraph 3 of Article 16 of the Employment Insurance Act (hereafter referred to as the Act).
Article 2
The central competent authority may announce extension of unemployment benefit payment up to the maximum of nine months under the following circumstances:
1.When the ratio of unemployment benefit claimants each month to the total of unemployment benefit claimants each month and the total number of workers insured at the end of the month has reached over 3.3% for four consecutive months;
2.The unemployment rate released by the Directorate-General of Budget, Accounting and Statistics has not abated for four consecutive months.
When the severity of unemployment described in the preceding paragraph worsens and achieves the following situations, the central competent authority may again announce extension of unemployment benefit payment up to 12 months in total:
1.When the ratio of unemployment benefit claimants each month to the total of unemployment benefit claimants each month and the total number of workers insured at the end of the month has reached over 3.3% for eight consecutive months;
2.The unemployment rate released by the Directorate-General of Budget, Accounting and Statistics has not abated for eight consecutive months.
1.When the ratio of unemployment benefit claimants each month to the total of unemployment benefit claimants each month and the total number of workers insured at the end of the month has reached over 3.3% for four consecutive months;
2.The unemployment rate released by the Directorate-General of Budget, Accounting and Statistics has not abated for four consecutive months.
When the severity of unemployment described in the preceding paragraph worsens and achieves the following situations, the central competent authority may again announce extension of unemployment benefit payment up to 12 months in total:
1.When the ratio of unemployment benefit claimants each month to the total of unemployment benefit claimants each month and the total number of workers insured at the end of the month has reached over 3.3% for eight consecutive months;
2.The unemployment rate released by the Directorate-General of Budget, Accounting and Statistics has not abated for eight consecutive months.
Article 3
When the central competent authority acts in accordance with the preceding article and announces extension of unemployment benefit payment, the measure shall be effective for six months.
When the period prescribed in the preceding paragraph expires but unemployment remains as described in the paragraphs of the preceding article, the central competent authority may again announce extension of the said period up to 12 months in total.
Under the following conditions, the central competent authority may announce termination of unemployment benefit payment extension before the periods prescribed in the two preceding paragraphs expire:
1.When the ratio of unemployment benefit claimants each month to the total of unemployment benefit claimants each month and the total number of workers insured at the end of the month has remained lower than 3.3% for four consecutive months;
2.The unemployment rate released by the Directorate-General of Budget, Accounting and Statistics has not increased for four consecutive months.
When the period prescribed in the preceding paragraph expires but unemployment remains as described in the paragraphs of the preceding article, the central competent authority may again announce extension of the said period up to 12 months in total.
Under the following conditions, the central competent authority may announce termination of unemployment benefit payment extension before the periods prescribed in the two preceding paragraphs expire:
1.When the ratio of unemployment benefit claimants each month to the total of unemployment benefit claimants each month and the total number of workers insured at the end of the month has remained lower than 3.3% for four consecutive months;
2.The unemployment rate released by the Directorate-General of Budget, Accounting and Statistics has not increased for four consecutive months.
Article 4
When the period of unemployment benefit payment extension expires, the claimants shall not continue to apply for extension of unemployment benefit payment.
The insurer shall pay the unemployment benefits for the month to workers meeting the criteria for extension of unemployment benefit payment and confirmed by public employment agencies as remaining unemployed before the period in which unemployment benefit payment is extended expires.
The insurer shall pay the unemployment benefits for the month to workers meeting the criteria for extension of unemployment benefit payment and confirmed by public employment agencies as remaining unemployed before the period in which unemployment benefit payment is extended expires.
Article 5
Workers with one of the following conditions are not allowed to apply for extension of unemployment benefit payment:
1.Those who have claimed all their unemployment benefits in accordance with Paragraph 1 of Article 16 of the Act before the extension described in Paragraph 1 of Article 2 of these Regulations is publicly announced and enforced.
2.Those who have claimed all their unemployment benefits in accordance with Paragraph 1 of Article 2 of these Regulations before the extension described in Paragraph 2 of Article 2 of the same regulations is publicly announced and enforced.
When workers of 45 years of age or older or with a disability certificate from the competent authority apply for withdrawal from employment insurance due to separation from their jobs, the insurer shall pay them unemployment benefits up to the maximum of nine months in accordance with Paragraph 1 of Article 16 of the Act; Paragraph 1 of Article 2 and Article 2 of these Regulations shall not apply. However, in the event that the unemployment benefit payment extension described in Paragraph 2 of Article 2 of these Regulations has been publicly announced and remained effective, the insurer shall pay the said workers unemployment benefits up to the maximum of 12 months in total.
1.Those who have claimed all their unemployment benefits in accordance with Paragraph 1 of Article 16 of the Act before the extension described in Paragraph 1 of Article 2 of these Regulations is publicly announced and enforced.
2.Those who have claimed all their unemployment benefits in accordance with Paragraph 1 of Article 2 of these Regulations before the extension described in Paragraph 2 of Article 2 of the same regulations is publicly announced and enforced.
When workers of 45 years of age or older or with a disability certificate from the competent authority apply for withdrawal from employment insurance due to separation from their jobs, the insurer shall pay them unemployment benefits up to the maximum of nine months in accordance with Paragraph 1 of Article 16 of the Act; Paragraph 1 of Article 2 and Article 2 of these Regulations shall not apply. However, in the event that the unemployment benefit payment extension described in Paragraph 2 of Article 2 of these Regulations has been publicly announced and remained effective, the insurer shall pay the said workers unemployment benefits up to the maximum of 12 months in total.
Article 6
Article 13 and Article 18 of the Act shall not apply during the period in which extension of unemployment benefit payment is in effect.
Article 7
These Regulations shall enter into force on the date they are promulgated.