§ 625.5 - Unemployment caused by a major disaster.  


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  • § 625.5 Unemployment caused by a major disaster.

    (a) Unemployed worker. The unemployment of an unemployed worker is caused by a major disaster if -

    (1) The individual has a “week of unemployment” as defined in § 625.2(w)(1) following the “date the major disaster began” as defined in § 625.2(e), and such unemployment is a direct result of the major disaster; or

    (2) The individual is unable to reach the place of employment as a direct result of the major disaster; or

    (3) The individual was to commence employment and does not have a job or is unable to reach the job as a direct result of the major disaster; or

    (4) The individual has become the breadwinner or major support for a household because the head of the household has died as a direct result of the major disaster; or

    (5) The individual cannot work because of an injury caused as a direct result of the major disaster.

    (b) Unemployed self-employed individual. The unemployment of an unemployed self-employed individual is caused by a major disaster if -

    (1) The individual has a “week of unemployment” as defined in § 625.2(w)(2) following the “date the major disaster began” as defined in § 625.2(e), and such unemployment is a direct result of the major disaster; or

    (2) The individual is unable to reach the place where services as a self-employed individual are performed, as a direct result of the major disaster; or

    (3) The individual was to commence regular services as a self-employed individual, but does not have a place or is unable to reach the place where the services as a self-employed individual were to be performed, as a direct result of the major disaster; or

    (4) The individual cannot perform services as a self-employed individual because of an injury caused as a direct result of the major disaster.

    (c) Unemployment is a direct result of the major disaster. For the purposes of paragraphs (a)(1) and (b)(1) of this section, a worker's or self-employed individual's unemployment is a direct result of the major disaster where the unemployment is an immediate result of the major disaster itself, and not the result of a longer chain of events precipitated or exacerbated by the disaster. Such an individual's unemployment is a direct result of the major disaster if the unemployment resulted from:

    (1) The physical damage or destruction of the place of employment;

    (2) The physical inaccessibility of the place of employment in the major disaster area due to its closure by or at the request of the federal, state or local government, in immediate response to the disaster; or

    (3) Lack of work, or loss of revenues, provided that, prior to the disaster, the employer, or the business in the case of a self-employed individual, received at least a majority of its revenue or income from an entity in the major disaster area that was either damaged or destroyed in the disaster, or an entity in the major disaster area closed by the federal, state or local government in immediate response to the disaster.

    [42 FR 46712, Sept. 16, 1977, as amended at 55 FR 555, Jan. 5, 1990; 56 FR 22806, May 16, 1991; 66 FR 56962, Nov. 13, 2001; 68 FR 10937, Mar. 6, 2003]