CLAIMANT
HANDBOOK
A Guide to Unemployment Insurance Benets
Your Rights
&
Responsibilities
To le or access your claim: uiclaimant.mt.gov
For up-to-date information:
uid.dli.mt.gov
Una versión en español está disponible a petición. También en uid.dli.mt.gov haga clic en “Datos y Publicaciones”
September 2023
Table of Contents
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3
4
5
6
7
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Unemployment Insurance Information
What is Unemployment Insurance (UI)?
UI Account Management
Claimant Center
Personal Agent
How We Will Contact You
Change of Address
Direct Deposit
Finding a Job
Making your job application work for you
Local Job Service Montana Ofces
Job Service Montana Phone Numbers
What You Need to Know When
Filing for Benets
Report the reason you are unemployed
Read any correspondence very carefully
Sign the Claimant Agreement
Report all hours you worked and any wages
you earned
Keep filing your payment requests
Filing a claim is not the same as requesting
payment
Eligibility for Benefits
Basis for Eligibility of Benefits
Waiting Week
When Benefits are Allowed
When Benefits are not Allowed
Eligibility for Benefits
Determining Your Base Period Wages
Determining Reason for Job Separation
Able, Available,
and Applying for Work School-
Based Wages
Job or Union Attached Work Search
What Details do I need for my Work Searches?
10 Payment Information
How and when do I get paid?
UI benet payments are taxable under federal law.
How to stop benet payments?
How to restart benet payments?
12 Ongoing Eligibility & Special Requirements
Requirements for every week payments are
requested
Tips to help you meet work search requirements
RESEA Appointments
13 Special Situations
Training or School Attendance
Refusing work or an Interview
Taking time off work
14 Filing Weekly Payment Requests
Weekly Payment Request Questions
16 Reporting Hours & Earnings
Can I work and still get UI benets?
Reporting Hours Worked During the Week
Reporting Earnings During the Week
Other kinds of earnings
Will anything be deducted from my benet
payments?
Workers' Compensation
18 Work Search Requirements
Requirements for Continued Eligibility for
Unemployment Insurance Benets
19 Eligibility Determinations, Appeal
Process, and Requalication
Eligibility Determinations
Appeal Process
Requalication
20 Fraud & Overpayments
Actions Considered UI Fraud
UI Overpayments
Waiver of Overpayments
Offer in Compromise
Claim Audits
22 Frequently Asked Questions
Answers to commonly asked questions
about UI
24 UI Terms
Explanations of commonly used UI terms
26 Legal Requirements
Privacy of Information
Equal Opportunity
Civil Rights Center
The Americans with Disabilities Act
27 How to Contact UI
2
See page 24 for explanations of UI terms.
Unemployment Insurance Information
What is Unemployment Insurance (UI)?
UI is a program to pay short-term benets to
eligible workers to help lessen the negative
impact being out of work has on a person, their
family, and the local economy.
Help us help you.
We want to help you through your time of
unemployment. To make sure you are paid
benets in a timely and accurate manner, you
need to:
Provide accurate information
Respond to requests for information on time
Meet all the requirements to qualify for
benets
You are required to read and understand the
information in this handbook. You will be held
responsible for any information misreported when
you le your claim or weekly payment request.
Save time, go online.
File your claim, reactivate a claim, request
payment, or check the status of your claim online at
uiclaimant.mt.gov – it is safe, secure, and always
available.
When contacting UI, use your unemployment
insurance ID number. The ID number can be found
on the upper right corner of your letters and in the
online Claimant Center. For your security, never
provide your Social Security number.
Fraud is a serious crime.
Detecting and prosecuting UI fraud is a high priority to Montana's UI program. Claims are regularly
audited to ensure benets were properly paid according to state and federal law. See page 20 for what
is considered fraud, how to report fraud, and how to avoid penalties and prosecution.
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uiclaimant.mt.gov | Claims Processing (406) 444-2545
UI Account Management
The Claimant Center
You have the option to completely manage your
account online via the Claimant Center. You can
le payment requests, respond to requests for
information and review correspondence with the
Claimant Center. It will allow you quickly manage
your UI account electronically, so you can receive
your benets as fast as possible. Make sure you
use “Electronic Correspondence” to manage your
account online.
Personal Agent
If you want someone to assist you or act on your
behalf, contact Claims Processing to request a
personal agent authorization form. Allowing a
person to act on your behalf or access your claim
without rst returning the form may result in a
denial of benet with fraud penalties.
How We Will Contact You
Keep your mailing address, phone number,
and email address current with UI. We will use
electronic forms of communication as a primary
way to gather information from you. If we cannot
contact you, your benets may be stopped. You
may receive correspondence or requests for
information even after your claim has expired.
Change of Address
If your mailing address changes, update it with UI
within three days. Mail from UI is not forwarded
by the Post Ofce even when you have led a
change of address. Failure to update your address
or respond to requests for information may cause
benets to be denied. You can update your mailing
address in online Claimant Center. Your address
must be updated, even if you want electronic
correspondence.
Direct Deposit
Direct deposit is a quick, convenient, and secure
way to receive your benet payment. Depending
on your bank, your deposit is usually available two
business days after the payment issue date.
To sign up for direct deposit, log in to
uiclaimant.mt.gov. You will need your bank account
and routing numbers. Claims Processing cannot
verify or enter this information for you. If you are
receiving payments by direct deposit, it is still
your responsibility to keep your address current
by updating it at uiclaimant.mt.gov or by calling
Claims Processing.
When you stop requesting payments, you should
log in to uiclaimant.mt.gov and discontinue direct
deposit.
Most mailed correspondence is available
in the online Claimant Center. We suggest
checking it frequently. If you chose electronic
correspondence, use the Claimant Center
to reply to information requests instead of
mailing UI responses.
Montana's Unemployment program partners with ID.me for secure identify verication. This
service veries legitimate claimants and helps protect victims of identify theft.
When you le a claim using our online system you may be instructed on how to use ID.me
to verify your identity. If you le over the phone with a claims representative, you may
receive an email with information on using ID.me.
4
See page 24 for explanations of UI terms.
Finding a Job
Make your job application work for you.
Job Service Montana ofces are your full-service,
no-fee employment resource.
Local Job Service Montana ofces can
assist with your job search by:
Discussing approaches to nding a new job and
helping you develop a work search plan.
Reviewing your application materials and
providing assistance writing resumes and cover
letters.
Showing you resources and tools you can use
when submitting applications for employment.
Exploring re-employment and re-training services
that may be available.
Additionally, if you need access to a computer, fax
machine, telephone, or copier for applications and
resumes, a Job Service Montana ofce will help
you.
All Job Service Montana locations and phone
numbers are listed on the right. You can also
check MontanaWorks.gov/job-service-montana for
more information.
Job Service Montana
Phone Numbers
Billings (406) 652-3080
Bozeman (406) 582-9200
Butte (406) 494-0300
Cut Bank (406) 873-2191
Glendive (406) 377-3314
Great Falls (406) 791-5800
Havre (406) 265-5847
Helena (406) 447-3200
Kalispell (406) 758-6200
Lewistown (406) 708-7024
Libby (406) 293-6282
Miles City (406) 232-8340
Missoula (406) 728-7060
Polson (406) 883-7880
Sidney (406) 433-1204
Thompson Falls (406) 382-3045
Wolf Point (406) 653-1720
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uiclaimant.mt.gov | Claims Processing (406) 444-2545
What You Need to Know When
Filing for Benets
Your UI benet eligibility is based on the laws and rules governing the UI program.
Accurately report the reason you are
unemployed when you le your claim.
For UI to determine your eligibility and process
your claim, you must provide dates of employment
and reasons you are no longer employed for ALL
employment you have had in the last 18 months,
no matter how short the duration.
Reasons you are no longer working for an
employer can be:
Laid off means the job is not continuing
because the employer has no more work
available.
Discharged (Fired) means the job is continuing,
but your employer does not want you to do the
job anymore.
Quit means the job is continuing, but either you
do not want or are unable to keep doing the job.
Still working means you are working less hours
than you typically work.
Read this Claimant Handbook and all
information from UI very carefully.
You are responsible for the information you
provide when you le a UI claim, and you are
responsible for all correspondence sent to you.
This handbook is designed to help you meet your
obligations and respond to any requests UI sends
you. Failure to accurately respond to UI requests
for information may result in overpayments or
fraud penalties. If after reading this handbook or
any UI correspondence you have any questions
or concerns, please contact Claims Processing
immediately.
Sign the Claimant Agreement.
If you le online, you will sign the agreement as
part of the claim ling process. If you receive the
agreement by mail, you must sign and return it by
the due date listed. Your claim will not process
until the signed form is returned.
Report all hours you worked and any
wages you earned when ling your
payment requests.
Incorrect reporting of hours and earnings may
result in an overpayment or underpayment.
In some cases, misreporting your hours and
earnings can be considered fraud.
See pages 16 and 17 for information on
reporting hours and earnings accurately.
Keep ling your payment requests while
you wait for eligibility determination.
Once the outstanding eligibility issue is resolved
and if you are found eligible for benets, you
will receive back pay for any week(s) for which
payment was requested (excluding the waiting
week).
Filing a claim is not the same as
requesting payment.
After ling your claim, you will need to request
payments to receive benets. Requests are made
beginning Sunday through Saturday for the prior
week.
For up-to-date information about your
eligibility or payment status, log in to
uiclaimant.mt.gov.
6
See page 24 for explanations of UI terms.
Eligibility for Benets
Eligibility for benets is based on:
Your wages over the past 12 to 18 months (see
page 8 for base period wage examples)
The reason you are no longer working
Your physical and mental ability and availability
for work
Your efforts to apply for work
Verication of your citizenship or legal-to-work
status if you are not a U.S. citizen
All employers you have worked for within the last
six weeks of ling or reactivating your claim will be
asked specic information about your separation.
UI will investigate the reasons surrounding your
separation from employment. The time it takes
to complete the investigation process varies and
depends on the circumstances of your separation.
All parties are given an opportunity to respond by a
specied due date. Prompt responses may shorten
the time between issue and decision.
Waiting Week
The rst week you are eligible is called your Waiting
Week. You must le a payment request and meet
all eligibility requirements. You will not get paid for
this week. Your payments will start the next week
you request a payment, if you are eligible. There is
only one Waiting Week per Benet Year.
You may receive benets if you:
Were laid off, or your hours were reduced
because your employer did not have available
work for you
Left employment and can show it was for good
cause related to the job
Are unemployed because you or your child were
a victim of domestic violence, stalking or sexual
assault. Contact Claims Processing for more
information if this situation applies to you
Were discharged from your job for reasons other
than misconduct
You may not receive benets if you:
Left your job for personal reasons not related to
your work
Were suspended or discharged (red) for
misconduct
Reported a work application or resume
submission that could not be veried
Are on a department-approved leave of absence
Did not provide accurate information
Do not respond to requests for information, or
le a payment request on time
Are not available to work the hours or days
customary to your occupation
Are self-employed full-time
Are currently receiving workers’ compensation
for an on-the-job injury
Are not willing or able to work 40 hours per
week
Are not working due to a strike or labor union
dispute (special laws govern these claims)
Failing to report you quit, were fired,
or were unable or unavailable
to work is considered
fraud.
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uiclaimant.mt.gov | Claims Processing (406) 444-2545
Eligibility for Benets
We use three factors to determine your eligibility for UI benets:
1. Your base period or alternate base period wages
2. The reason for your job separation
3. Your continuing ability to work, availability for work, and applications for work
Your claim will be valid for 52 weeks. You will have a maximum benet amount (MBA) to draw on during that
year. Your MBA is made up of a weekly benet amount (WBA) that you can draw out for a number of weeks
(24 maximum). If you work while requesting payments, your MBA can last longer, as you draw less money per
week claimed. You can let your claim go inactive and reactivate it as many times as needed. Once the MBA
is exhausted, you must wait until the claim year has expired before ling a new claim. When you do so, you
will establish a new MBA.
1. Determining Your Base Period Wages
The base period is the 12 months of reported wages used to determine your weekly benet amount (WBA)
and the number of weeks you may be paid benets. Your monetary eligibility depends on how much you
made, and how those wages are spread across that period.
The base period includes the rst four of the last ve completed calendar quarters before the week in which
you le your application for benets. A calendar quarter is a three-month period ending March 31, June 30,
September 30, or December 31.
If your claim is effective between the following dates: Your base period would be:
January through March October 1 to September 30
April through June January 1 to December 31
July through September April 1 to March 31
October through December July 1 to June 30
If you are not eligible on a regular Base Period, UI will use an Alternate Base Period (ABP) to determine your
eligibility. Once a determination is made, we will send you a Monetary Determination notice.
Review your Monetary Determination notice for accuracy. All base period wages should be listed. If any
quarter says pending, we are waiting for wages to be reported from that state or employer. If you believe
any wages or employers are missing or wrong, contact Claims Processing. Inaccurate wages could result in
a benet overpayment or underpayment. You can also review your monetary determination by logging in to
uiclaimant.mt.gov.
Even if your monetary determination shows you qualify for a WBA, all other eligibility requirements must
be met each week you request payment.
2. Determining Reason for Job Separation
Both you and your employer have the right to end your working relationship. The circumstances of your
separation will determine whether you are eligible for benets.
You must accurately report the reason for your separation. We will ask your employer to verify the reason
for your separation. If your separation is due to suspension, leave of absence, quit, or discharge, we will
ask you and your employer for details and then determine your eligibility under state and/or federal law.
8
See page 24 for explanations of UI terms.
3. Able, Available, and Applying for Work
You must be:
- Physically and mentally able to work.
- Available to accept work immediately if a job
is offered.
- Actively applying for work and meeting your
work search requirements.
- Keeping a complete record of your weekly
work applications. You will need them to
request payment or if you are selected for an
audit.
- See page 18 for more information about work
searches.
If you live outside of Montana, you must register
with the Workforce Agency in your state.
School-Based Wages
If you have worked for a school, your wages and
eligibility have to be reviewed based on this type
of employment. UI needs to determine if you have
reasonable assurance of returning to work for a
school. This applies regardless of the position you
held with the school.
Reasonable assurance means there is a written,
oral, or implied agreement that you will perform
services in the same capacity after scheduled
breaks or in the next academic term. School wages
may be excluded when determining your weekly
benet amount (WBA) during a scheduled school
break.
Job or Union Attached Work Search
If you are job or union attached, you may not have
to look for work.
Job attached: You have an approximate date
of hire, or return to work, at 30 or more hours
per week. You must still be able and available
for work and report separations from any
employment.
Union attached: You are a member of a union
with a hiring hall and you are on the out-of-work
list.
Job or union attachment may be veried with
your employer or union. If you accept an offer
of employment but will not start right away, call
Claims Processing immediately.
Foreign Residence or Foreign Travel
If you will be outside of the United States
at any time while you are requesting
payments, call Claims Processing as soon
as you are able.
Non-Citizen Status
Only U.S. citizens, nationals, or legally
authorized workers are eligible for UI
benets. If you are not a U.S. citizen or
national, you must provide a copy of the
front and back of your registration card
so your status can be veried by U.S.
Citizenship and Immigration Services
(USCIS).
Double-Dip
You cannot collect benets on a new
claim if you have not had a new job since
the initial separation from work on the
prior year’s claim. You cannot le for two
consecutive years without a new job.
What details do I need
for my work searches?
You need to record the:
Business name
Person contacted
Date of contact
Position you applied for
Telephone number of the business
URL if an internet application
Result of the contact
A current address is very
important, even if you are
no longer drawing benets.
You can keep your address
current using the online
Claimant Center.
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uiclaimant.mt.gov | Claims Processing (406) 444-2545
Payment Information
How and when do I get paid?
You request payment online at uiclaimant.mt.gov for each week you want to get paid. The UI week begins
on Sunday and ends on Saturday at midnight. Benet payment weeks must be claimed in order. If you le a
week late, you will be required to provide information as to what prevented you from ling timely.
Example - The benet week runs the 1st through the 7th, and you must request your weekly benet payment
the following week.
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 Start of
Benet Week
2 3 4 5 6
7 End of
Benet Week
8
File online between
12:01am MST this
day and...
9 10 11 12 13
14 ...midnight MST of
this day for the past
Benet Week
NOTE: A direct deposit payment is available to you at most banks within two days of the payment clear date shown at
uiclaimant.mt.gov. It may take longer to receive payment when a check is issued and mailed.
UI benet payments are taxable under
federal law.
You can have 10% withheld from your payments
for tax purposes. This option is available at
uiclaimant.mt.gov or in the documents sent to
you.
Every January, UI mails IRS 1099-G forms that
show benets paid in the prior calendar year.
Make sure to update your address with UI.
You can also view and print your 1099-G at
uiclaimant.mt.gov.
Questions about taxes on UI payments should be
directed to the IRS.
How to stop benet payments?
To stop benet payments, stop ling payment
requests. Your claim will become inactive when
four weeks pass without a payment request. It can
be reactivated at any time during the Benet Year.
Other conditions that may stop benet payments
are:
You work 40 hours per week
You work at least your typical number of hours
per week
You earned twice your Weekly Benet Amount
(WBA)
Any combination of the above
How to restart benet payments?
Reactivate your claim during the week you want
your benet payments to resume.
You can reactivate your claim at uiclaimant.mt.gov
or call Claims Processing. You will be asked
to provide dates and business names of any
employers you recently worked for. After your
claim is reactivated, you can start ling payment
requests again. You need to reactivate your claim
during the week you want your benets to resume.
You should reactivate in the rst week you are off
work or your hours are reduced.
You must respond to all requests for
information from UI, even if your claim is
inactive. Not responding could result in
a benet overpayment and/or denial of
future payments.
A UI week is Sunday
through Saturday
10
See page 24 for explanations of UI terms.
Your claim will become inactive if four weeks pass without a payment request.
If that happens you will have to reactivate your claim to restart your benets.
The Montana Unemployment Insurance Division
has introduced a modernized UI Claimant Center,
designed to enhance the user experience with
new features, improved reliability, and reduced
system downtime. By utilizing the Claimant
Center, users can avoid the inconvenience
associated with traditional mail and promptly le
their claims to access the benets they need.
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uiclaimant.mt.gov | Claims Processing (406) 444-2545
Ongoing Eligibility & Special Requirements
Requirements for every week payments
are requested:
1. Able to Work – If you were physically or
mentally unable to work for any reason during
a week you le for benets, you must report
this when you make your payment request.
2. Available for Work – If you are unavailable to
work for any reason, you must report this when
requesting payment. For example, you might
report:
You could not work because you didn't have
childcare or transportation.
You took time off from work or did not work
all your normally scheduled hours for any
reason, not because your employer reduced
your hours.
3. Applying for Work – At least one application
or resume must be submitted to an employer
who is hiring each week. You must apply for
jobs you are qualied to perform and willing to
accept. You will be asked to provide your work
search contacts for each week payments are
requested. (See page 18 for details.)
Applications or resumes need to be
submitted during the benet week (Sunday-
Saturday) for which you are requesting
payment.
Applications or resumes should be
submitted to an individual who has hiring
authority, using the mail, Internet, or fax,
depending on the employer's requirements.
Applications cannot be made to the same
employer two weeks in a row, unless it is for
a different position.
You must report your application information
on your payment requests. If this
information is not entered or is incomplete,
you will be denied benets for that week.
REPORTING THAT YOU APPLIED FOR WORK
WHEN YOU DID NOT IS FRAUD.
Tips to help you meet work search
requirements:
Know what kind of work you are qualied for
and where to nd it.
Make a list of potential employers and current
job openings by checking with your local Job
Service Montana ofce, help wanted ads, online
job portals, etc.
Apply for work in person, online, or by mail.
Checking online job listings, Job Service
Montana boards, help wanted ads, or calling a
business to ask if they are hiring is not a valid
work search – you have to actually apply for a
job each week.
Apply only with employers who are hiring or are
willing to keep your application on le.
Applications may be veried with the employer.
Keep copies of the applications, submission
conrmations, or emails as proof of your work
search for three years.
See page 18 for more details on the work search
requirement.
RESEA Appointments
All claimants who are not job or union attached
and who are not attending department-approved
training will be required to attend a virtual
appointment with a Job Service Montana ofce.
You will receive a notice with more details.
FAILURE TO PARTICIPATE IN THIS MANDATORY
APPOINTMENT WILL AFFECT YOUR
UNEMPLOYMENT BENEFITS.
Seeking self-employment
does not meet your work
search requirements.
12
See page 24 for explanations of UI terms.
Working part-time does not exempt you from seeking
full-time employment or additional part-time employment
adding up to full-time (40 hours or more per week).
Special Situations
Training or School Attendance
You might be eligible for UI benets while attending school or training. UI will determine your availability for
work while you're in school. If you are in any kind of training, whether online, by correspondence, or in class,
report it when you le your claim or make payment requests. Employer-required training for which you are
paid regular wages is considered work. You must report these hours and earnings when ling your payment
request, but you can answer “No” to the question “Did you attend school or training?”
Refusing Work or an Interview
If you refuse an offer of work or an interview while requesting payments, you must report this on your
payment request. Failing to appear for work or an interview is also considered a refusal and must be
reported. Failure to report work refusals may be considered fraud.
Taking Time Off Work
You may be denied all or a portion of benets if you take time off or miss scheduled work for any reason. If
you request time off or miss scheduled work for any reason, you need to report this as time off when ling
your weekly pay request. This includes time off requested in advance for hours you would normally work.
Failure to report time off is considered fraud.
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uiclaimant.mt.gov | Claims Processing (406) 444-2545
Filing Weekly Payment Requests
You are required to le weekly payment requests every week. Payment weeks cannot be led out of
order. Ineligible weeks will not reduce your maximum benet amount. When completing your request, you
will need to answer the questions below. Inaccurate or untruthful answers to these questions may be
considered fraud.
Hours, Earnings, and Other Payment Questions
Report gross earnings, meaning pay before taxes and other deductions are withheld. Have your hours
of work and earnings record available when you are ling your payment request. A form to record
hours and earnings can be downloaded at uid.dli.mt.gov. See pages 16 and 17 for examples of how
to manually report hours and earnings and to nd more information about hours and earnings.
14
See page 24 for explanations of UI terms.
Weekly Payment Request Questions
1. Did you take time off or miss scheduled
work?
If you took time off from work or missed
scheduled work, report it here. This includes
any pre-approved time you requested off that
resulted in you not being scheduled to work.
2. Were you available (meaning you were available
to accept a job at the time) to work full time?
Available to work means you are ready and
willing to accept work. This includes having
transportation and childcare available. For
example, if you could not go to work due to a
broke down car, you would not be available to
work.
If you were unavailable to work, you will have
to provide a general reason why you were
unavailable for your payment request. You may
be asked to provide additional information.
3. Were you physically and mentally able to
work full time?
If a physical or mental condition prevented you
from accepting work any time during the week,
answer “No”. An example of not being able to
work would be if you could not work because
you broke your leg.
If you were unable to work, you will have to
provide a general reason why you were unable
for your payment request. We may contact you
for additional information.
4. Did you attend school or training?
You must report if you are currently enrolled in
school or training. This includes any in person
or online, school, courses, or training.
5. Did you work any hours, earn any wages, or
receive any payments during the week?
Report hours worked during the week.
Unemployment claims run Sunday through
Saturday, even if your work week is different.
Include the number of hours worked for ALL
employers that week, plus any hours you are
paid wages by an employer to attend training.
After responding “Yes” to this question, you
will need to provide details. For your Payment
Request, you must rst Add the Employer
who provided you hours or payments. If you
cannot select the correct employer, you will
have to Manually Enter the Employer and
the employer’s contact information. After
you’ve entered the employer who provided you
payments or hours, you’ll then have to Report
any Earnings.
For the Earnings Record, to Report Hours,
provide any hours or types of hours you
received from the employer. For Gross
Earnings, report the total earnings you will
receive for the hours reported, even if you
have not been paid yet. You must provide the
amount and type of payment you received. Tips
and room and board must also be included
with your Gross Earnings.
If you do not know the exact earnings you
will receive, you can calculate your earnings.
Multiply the total number of hours and partial
hours you worked by your hourly rate of pay.
If you received hours or earnings from more
than one employer, you must report hours and
earnings for ALL employers.
Gross earnings are wages before taxes and other deductions.
6. Did you refuse or miss a job offer?
You must report if you refuse a job offer.
This includes offers from new or previous
employers. If you answer “Yes” to this
question, you will need to Add the Employer
and provide details about the employer
including the employer’s name and address.
7. Did you refuse or miss a job interview?
You must report if you refuse a job interview.
If you answer “Yes” to this question, you will
need to Add the Employer and provide details
about the employer including the employer’s
name and address.
8. Did you quit, were you discharged, or were you
laid off from a job during the week?
You must report any separation from work
during the week. If you answer, “Yes” to this
question, you must Add the Employer then
provide the type of separation (Fired, Laid Off,
or Quit), and the reason for the separation.
9. Did you submit a job application/resume or
have an interview?
If you answer “Yes”, you will need to provide
information on the business you contacted.
You will have to Add the Employer, including
the name and address. For each employer
you’ve applied to, you will have to provide the
Specic Position you Applied for and the Date
You Applied to the Business. You will also
have to provide the Method of Application,
including all contact details for that method of
application. For example, if you apply online,
you will need to provide the URL for the online
job application. Finally, you will have to answer
the question “What was the result of your
work contact?
Payments can be delayed due to state holidays or pending eligibility issues. Check the status of your
claim online at uiclaimant.mt.gov. If there are eligibility issues noted, please allow us time to research
these before calling Claims Processing. If we need additional information, we will contact you.
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uiclaimant.mt.gov | Claims Processing (406) 444-2545
Reporting Hours & Earnings
Can I work and still get UI benets?
If you work full time (40 hours) or your typical
hours in a week, no. However, you may be eligible
for partial UI benets if you work less than that.
You can earn up to 25% of your weekly benet
amount (WBA) without affecting your benet
payment. After that, your WBA will be reduced by
$0.50 for each additional dollar earned. You can
use the online Partial Benets Calculator at
uid.dli.mt.gov/claimants/partial-benefit-calculator.
You need to report your hours and earnings
when you le your weekly payment request. Do
not wait to receive your paycheck to report the
information.
Reporting Hours Worked During the Week
A benet week begins on Sunday and ends on
Saturday. Keep a record of all hours you worked
for each week you request benets – including full
hours and partial hours for all employers in the
week.
Report the hours you worked for all employers in the
week you performed the work. Report your hours as
soon as you begin a new job or when you return to
work.
Report full-time work, part-time work, reduced
hours, out-of-state employment, temporary work,
and on-call. Report the hours you worked even
if they are fewer than you normally work. It is
important to report your hours and earnings
accurately to avoid an overpayment or an
underpayment.
How to Calculate Hours
If you have one employer:
1. Add the hours and partial hours worked during
the week.
2. Round the total down to the nearest hour.
If you have more than one employer:
1. Add the hours and partial hours for each job
separately.
2. Add the totals from each job together.
3. Round the total from step two down to the
nearest hour.
Example of more than one employer:
10.5 hours during the week at Employer 1
4.00 hours during the week at Employer 2
Employer 1 + Employer 2 = 14.5 hours
Round down to nearest hour = 14
Report 14 hours this week
Reporting Earnings During the Week
Keep a record of your earnings for the time you
work each week for all employers. Report all
earnings for work performed in the week they
are earned, not the week you receive payment.
This includes full-time work, part-time work,
reduced hours, in-state employment, out-of-state
employment, temporary work, and on-call. Report
your earnings as soon as you begin a new job or
return to work, even if you have not been paid yet.
Report gross earnings (before taxes are taken
out), not net earnings.
The following must be reported the week they are
earned:
Earnings from hours worked (gross pay)
Earnings from use of personal paid time off,
vacation, sick leave, and payments for attending
training
Holiday pay for the week the holiday occurs
Room and board or other non-cash payments -
You must report the actual value of room and/
or board or non-cash payments you receive as
earnings for the week
Tips
Earnings from jury duty and National
Guard weekend drill pay do not have to
be reported when you le your payment
request.
You can easily enter your hours and
earnings in the online Claimant Center.
16
See page 24 for explanations of UI terms.
These earnings must be reported the week in
which the payment was issued by the employer:
Commission pay
Bonuses - cash payments or gifts in lieu of cash
Cash out of accrued leave such as vacation
time, sick time, personal time
The following are payments that should have
been reported when you led your claim:
Termination pay, including separation/severance
pay should be reported when you open your
claim and when you le your payment request
for the week of separation.
Application for or receipt of retirement pay,
disability benets or pension, including Social
Security.
How to Calculate Earnings
If you have one employer:
Step 1. Add the hours and partial hours
worked during the week
Step 2. Multiply the total number of hours and
partial hours times the rate of pay.
Step 3. Report your total earnings from the week,
rounded down to the nearest whole dollar.
If you have more than one employer:
Step 1. Do the rst two steps above
separately for each employer.
Step 2. Add the earnings together for each employer.
Step 3. Round the total from down to the nearest dollar.
Example of more than one employer:
10 hours worked at Employer 1 for $12.00/hr
4.5 hours worked at Employer 2 for $9.00/hr
Earnings for Employer 1 = 10 x 12 = $120
Earnings for Employer 2 = 4.5 x 9 = $40.50
Earnings Employer 1 + Employer 2 = $160.50
Round down to nearest dollar = $160.00
Report $160 this week
Failure to properly report your hours worked and
earnings may be considered fraud and be subject
to prosecution.
Other kinds of earnings
Some types of earnings may not need to be
reported when you are ling your benet requests.
Please call Claims Processing for reporting
instructions if you have earned these or any other
non-standard wage:
Self-employment earnings
Earnings of sole proprietors and working
members of partnerships and LLC’s
Earnings of agricultural workers
Will anything be deducted from my
benet payments?
Other deductions that may reduce your payment
amount include:
Child support payments
Optional income tax withholding. See page 11.
Supplemental Nutrition Assistance Program
(SNAP) overpayment debt.
Repayment of overpayment debt. See page 21.
Workers' Compensation
You must inform Claims Processing of any
workers’ compensation benets you are
receiving.
- You cannot receive Unemployment Insurance
benets during any week you are covered by
workers’ compensation benets.
It is your responsibility to report the workers’
compensation when you open or reactivate an
Unemployment Insurance claim or if you begin
receiving workers’ compensation benets while
you have an active Unemployment Insurance claim.
If you receive or will begin to receive payments
for disability, retirement, pension, back pay,
or workers’ compensation, you must contact
Claims Processing immediately.
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uiclaimant.mt.gov | Claims Processing (406) 444-2545
Contact Claims Processing:
If you did not report a payment type listed
above when you led your claim
If you start to receive a payment type listed
above after you led your claim
If you receive any payment not listed, or have
any additional questions
Work Search Requirements
Requirements for Continued Eligibility for Unemployment Insurance Benets
You are required to:
Make an active effort to secure employment each
and every week for which benets are claimed.
Actively apply for work and make appropriate
employer work search contacts each week.
Applications must be made within the week for
which benets are being claimed.
You must apply for a job by completing a job
application, submitting a resume, or attending a
job interview.
All work search contacts must be made with
a person (or entity) who has hiring authority
and must be with employers who pay into
Unemployment Insurance.
The same employer may not be used for two
consecutive weeks, unless requested by the
employer or applying for different positions.
Work search contacts must be for work you are
willing and qualied to do and in a location you
are willing to work.
If you are working part-time, with no guarantee
for full-time work, you must continue to apply for
work.
Registering with a temporary hiring agency can
only be considered a work search for one week
of the Claim Year.
Include the business name, the person
contacted, date of contact, the position you
applied for, the telephone number of the
business, the URL if an internet application,
and the result of the contact.
Keep copies of conrmations of applications/
resumes submitted electronically to employers.
Keep a detailed record of your work applications
and employer work search contacts in case
your claim is selected for an audit. Be able
to produce your work search records when
requested by the State of Montana.
The Agency will conduct verication of work
search contacts.
The following are not considered a weekly work
contact:
Checking back with a temporary agency for
more work.
Checking for job openings online without
applying.
Using your current part-time employer as a work
contact every week.
Calling an employer and asking if they are hiring
without submitting an application or resume.
Seeking or working in self-employment.
If you are in Department of Labor & Industry
approved training:
You are not required to apply for work while in
approved training.
If training ends, is not in session, or you are
between sessions for longer than 30 days, you
must apply for work and report your weekly work
search activity.
If you are in Department of Labor &
Industry approved training your work search
requirements will be explained in your decision
letter.
If you are approved by UI to be job or union
attached:
You are required to apply for work unless your
job or union attached status can be veried.
You must remain in contact with your employer
or union hiring hall.
If union attached, you must be on the
out-of-work list.
Job or union attachment is veried by the
Division.
Check your claim record at uiclaimant.mt.gov to
determine your job or union attached status. If you
are not sure if you meet the requirements contact
Claims Processing.
UI may audit your claim at any time for the Claim Year. You may be asked to produce documentation of
your work search contacts. Failure to produce documentation of your work search contacts may result in
your ineligibility of benets.
You can download a printable form to record your work searches at uid.dli.mt.gov under “Printable Forms.
18
See page 24 for explanations of UI terms.
Eligibility Determinations, Appeal
Process, and Requalication
Eligibility Determinations
You will receive a Notice of Determination for each
Eligibility Issue affecting your claim. Read these
notices carefully and completely.
Appeal Process
An appeal is a request to review a determination,
redetermination, or hearing decision. You have
the right to appeal decisions made on your claim.
Carefully read each notice of determination,
redetermination, or hearing decision you receive
for specic instructions on how to le a further
appeal.
The process:
If you or your employer disagree with a notice
of determination, either of you can request
a redetermination. You have 10 days from
the date of the determination to request a
redetermination.
You will need to provide a reason why you
disagree with the determination and provide
any new supporting facts. A notice of
redetermination will be mailed to all appropriate
parties.
If you or your employer disagree with the notice
of redetermination, you have 10 days to request
a hearing with the Ofce of Administrative
Hearings.
Once you request a hearing, watch your mail.
You will receive a notice of hearing with a
specied time and date for a telephone hearing.
To learn more about the telephone hearing
process, go to dli.mt.gov/hearings.
If you or your employer disagree with the hearing
decision, either of you may request a review with
the Unemployment Insurance Appeals Board.
The Board will notify you of the time and date of
the review, which will be conducted by telephone
conference. If you disagree with the Board
decision, you have the right to appeal to District
Court.
Requalication
Requalifying for benets is different than appealing
a decision: it ends your disqualication or
ineligibility, but you will remain ineligible up to the
end date.
You may requalify to receive benets if:
You were discharged, and you provide proof of
enough earnings from a new job that is covered
by UI.
You quit a job and provide proof of either new
wages or attendance for three consecutive
months of appropriate training at a state-
accredited educational institution.
You were ineligible. However, your circumstances
changed, and you became able and available for
full-time work.
You quit due to health reasons, and you
meet specic requirements provided in your
determination letter. For more information, call
Claims Processing.
Keep requesting payments while your
claim is in any step of an appeal. If the
decision allows you to receive benets,
you will be paid only for the qualied
weeks you led on time. If a decision
that allowed you benets is reversed, you
will be required to repay any benets you
received for the weeks you should have
been disqualied.
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uiclaimant.mt.gov | Claims Processing (406) 444-2545
Fraud & Overpayments
UI Fraud
Fraud is a serious crime. Reports of suspected fraud are thoroughly investigated. If you provide false
information in order to receive or increase your UI benets, you are committing fraud. If you commit UI fraud,
you will have to repay any benets received, plus an Administrative Penalty equal to 50% of those benets.
In addition, you may be disqualied from receiving benets for up to 52 weeks and be subject to criminal
prosecution for felony theft.
Actions Considered UI Fraud:
Misreporting hours worked or earnings.
You must report all hours, paid or unpaid, you
work each week.
You must report all your earnings for the work
you do each week.
You are required to report your hours and
gross earnings during the week you work
and earn them, not when you get paid. Go to
uid.dli.mt.gov and select “Claimants” - “Report
Hours and Earnings” for more information on
hours and earnings reporting.
For an example of how to track your hours and
earnings, see page 16.
Misreporting job applications.
You must apply for work and report your job
applications each week. If you are not applying for
work, you are not eligible for benets.
For an example of the information required when
reporting your work applications, see page 18.
A form to record your work applications can be
downloaded at uid.dli.mt.gov.
Being dishonest about why you are no longer
working (or failing to report a job separation).
You must report all job separations (quits and
discharges) when ling or reactivating a claim or
requesting payment. Also report if you refused
work while ling for benets.
Misrepresenting your ability and availability
to work.
If you are not able and/or available for work
for any reason including illness, travel, or lack
of transportation or childcare, you may not be
eligible for benets.
Committing “identity theft” by ling a claim
under the name and Social Security number of
another person or helping another person to le a
fraudulent claim.
You must not le for benets using another
person’s Social Security number or ID number
unless you are that person’s authorized Personal
Agent (see page 4). You must also not allow
another person to le for benets for you using
any of the above information, unless that person
is your authorized Personal Agent (see page 4).
Doing this may subject you to prosecution.
Failing to report workers’ compensation,
disability, or Social Security payments.
You must tell us if you receive any of these
payments while you are requesting unemployment
benets.
Making a false statement or misrepresentation
to receive payment.
You must be honest and accurate when ling. Do
not withhold information. Withholding information
is just as serious as giving false information.
If you have any questions about your reporting
requirements, please contact Claims Processing.
If you have returned to full-time work or your typical
work hours, you are no longer eligible for benets.
20
See page 24 for explanations of UI terms.
IMPORTANT
It is the responsibility of UI to ensure benets are only paid when due. It is your responsibility
to be honest and forthcoming in providing information for your claim. Some examples are:
Separations from work • Work applications • Hours and earnings • Incarcerations
Job or Union Attached • Receipt of disability payments • Refusal of work
Back pay awards • Starting a new job or going back to work
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uiclaimant.mt.gov | Claims Processing (406) 444-2545
UI Overpayments
What happens if I get payments to which I am not
entitled?
That is considered an overpayment debt and it
must be repaid in full. You will receive a Statement
of Benets Overpayment and a monthly bill from
our agency.
If you are receiving UI benets, your UI payments
will be reduced by 50% each week for debt
repayment. Up to 100% may be withheld if there
was fraud. UI cannot offset benets to repay
administrative penalty fees. You will have to
make direct payments to UI for those fees.
If you are not receiving UI benets, you must
arrange for regular payments.
If the overpayment debt is not repaid promptly, UI
may take one or more of the following actions:
Your debt may be sent to the Department
of Revenue (DOR) for collection through
interception of payments due from the state.
Usually, the offset is from your state income tax
refund. This will include DOR collection fees.
Your federal income tax refund may also be
subject to offset if the overpayment was the
result of fraud or failure to report earnings. You
will be charged a collection fee as well.
A lien may be led against your property.
Your debt may be transferred to an outside
collection agency, and you will be subject to
their collection fees.
Your lottery winnings may be intercepted.
Your wages may be subject to garnishment.
Waiver of Overpayments
A waiver of your overpayment debt may be granted
if an overpayment was the result of a Department
error. A non-fraud overpayment may also be waived
if its repayment would cause long-term hardship.
Call (406) 444-5434 to ask for a waiver request
form.
Offer in Compromise
UI may consider an offer to settle your non-fraud
overpayment debt via a lump-sum payment of less
than the outstanding balance. Please contact
overpayments staff at (406) 444-5434 to discuss
this option.
Claim Audits
UI has audit programs to ensure benets are paid
correctly. Claims are randomly selected for audit.
If you fail to respond in a timely manner or refuse
to cooperate in the audit, you will be denied
benets. The types of audits are:
Benets Accuracy Measurement (BAM) Audit
Random reviews of paid and denied claims.
Gathers new facts regarding issues that may
have denied benets to ensure the accuracy
of the determination. Reviews paid claims by
reviewing past and current employment, work
applications, hours worked and earnings during
the claim. Reviews base period wages to
ensure accuracy of eligible benet amounts.
Claims Investigation Audit
Review of your reported hours and earnings in
comparison to employer wage reports.
Audit of Work Applications
Review of your weekly job applications and
verication with employers.
Verication of job and/or union attachment
Review of your ongoing connection to your
employer or union.
To report UI fraud:
Call (888) 556-4677 or (406) 444-0072
Frequently Asked Questions
If you cannot nd the answer to your question in this handbook, call Claims Processing at (406) 444-2545.
Do not rely on information from your friends, neighbors, or even your employer.
Why haven’t I received a benet payment?
There may be several reasons why payment was
not released:
You have eligibility issues pending.
You did not request payments on time or your
claim inactivated because you did not le
payment requests.
Your earnings exceeded the allowable amount
or you worked your typical hours during the
week.
You did not return paperwork in a timely
manner.
You have a disqualifying issue on your claim.
If it's a holiday or weekend, your bank may not
have processed the payment yet.
The letter with the check was returned due to a
bad address. Once you notify us of the correct
address, we will re-mail it.
The check was lost or stolen. Call or email
Claims Processing for help. Direct deposit can
prevent this from occurring.
What if I’m having problems with my
direct deposit or paper check?
If the payment status at uiclaimant.mt.gov
indicates that "EFT Cleared," check your bank
account for the direct deposit. Direct deposit
may take a few days from the processed date
shown on your claim at uiclaimant.mt.gov before
funds are posted to your account. Holidays may
delay your payment one business day. Contact
your nancial institution about late posting of
payment. If your cleared payment has not posted
and you believe an error occurred, contact Claims
Processing.
If you are not signed up for direct deposit,
payment will be mailed to you. If your check is lost
or stolen, call Claims Processing for assistance in
having the check re-issued.
What if my address changes?
You must update your address within three
business days. Mail from UI is not forwarded by
the Post Ofce. If we cannot contact you, benets
may be stopped. You must keep your address
updated even if your claim is inactive or has
expired.
Can I designate someone else to get
information about my claim or request
payment for me?
Yes, but only if you have given written authorization
to allow that person to handle or discuss your
claim (see “Personal Agent” on page 4).
Allowing another person to have access and le
benets for you without written authorization is
considered fraud and may have serious legal
consequences.
Why am I waiting on an Eligibility Issue?
UI investigates each eligibility issue on your claim.
If the issue is concerning your employment, both
you and the employer will be given the chance
to provide any supporting information or rebuttal
as necessary. Conicting information must
be evaluated before a decision is made. This
process is important to ensure the right decision
is made and benets are paid correctly. To check
your payment status, and follow the progress of
eligibility issues, visit uiclaimant.mt.gov.
What should I report to Claims
Processing?
Report any:
Quit or discharge from employment
Refusal of work offered by an employer
Unpaid suspension from work
Time off, vacation, or leave of absence from
work
Change in school status or schedule
New self-employment
Workers' compensation claims, wage loss
payments received, or a change in status of a
workers' compensation claim
Retirement or pension, including any Social
Security benets.
Back pay, severance pay, or a settlement award.
I paid into UI, why am I not getting
benets?
Employees do not pay into UI. Employer taxes pay
for the UI program. No money is directly deducted
from your paycheck to pay benets or run the
program.
22
See page 24 for explanations of UI terms.
Will you communicate with my
employer(s)?
Yes. We will verify your separation information with
your employer(s) and gather facts about your claim.
My employer thinks I should get benets.
Why doesn’t UI agree?
Employers do not decide who gets benets. UI
reviews information provided by both you and your
employer to determine if you are eligible based on
Montana law and rule.
Can my claim get audited?
Federal law requires all claims be subject to
random audit. If your claim is selected, your work
applications, earnings, and other information in
your le will be veried. All this is done to ensure
that only those who are entitled to benets
receive them. Therefore, it is important you always
provide complete and accurate information to us.
Unemployment Insurance claims are also matched
against new hire information reported by employers
to ensure claimants are properly reporting their
work hours and earnings.
Can I get benets after I’ve been
disqualied?
Possibly. Some disqualications apply to an
individual Benet Week, while others may affect
the entire claim. There are two ways to potentially
overcome a disqualication:
You can follow the appeal process.
You can requalify as described in your Notice of
Determination. See page 19.
If I made a mistake when ling my
payment request, how can I correct it?
You will need to contact Claims Processing
immediately at (406) 444-2545.
How long will my benets last?
When a claim is led, it is open for a year, but
the benets may not last a full year. A monetary
determination notice (see page 8) will be sent to
you at the beginning of your claim year, informing
you of your maximum benet amount (MBA) for the
year. Once you have been paid your MBA during a
benet year, you must wait until that claim expires
before opening a new Montana claim. If you are
working part-time and receiving partial benets,
your MBA will last longer.
Do I need to be registered for work at the
local Job Service Montana?
No. However, your local Job Service is a valuable
resource to help you get back into the Job Market.
See page 5 for information on how to contact the
Job Service closest to you.
What if I’m back at work and get a letter
from UI?
Read and respond, if asked, to any letters you
receive from UI. If you do not respond, future
benets may be affected, or you may acquire an
overpayment.
What laws and rules govern Montana UI?
Montana Code Annotated, Title 39, Chapter 51 and
Administrative Rules of Montana, Title 24, Chapter
11. Links to the Montana Law and Rules can be
found at uid.dli.mt.gov.
Need information on the
status of your payment?
Log in to your account at uiclaimant.mt.gov.
Find out if your payment went out or why you
may not have been paid.
For answers to other questions, call Claims
Processing at (406) 444-2545, email us by
logging into your claim at uiclaimant.mt.gov
and clicking “Contact Us.
23
uiclaimant.mt.gov | Claims Processing (406) 444-2545
UI Terms
Adjudicator – An Unemployment Insurance expert
who issues determinations about your eligibility for
benets.
Administrative Penalty – Penalty weeks you
may receive if we determine you made a false
statement or withheld facts in order to obtain or
increase benets. If you have an administrative
penalty on your claim you will have to serve these
penalty weeks before you may be eligible to
receive benets again. You must le for and be
found eligible in order to serve a penalty week.
If this act caused an overpayment, there is also an
additional nancial penalty of 50% of the overpaid
benet amount.
Alternate Base Period (ABP) – Wages from the
last four completed calendar quarters, at the time
an initial claim for benets is led. This is used for
determining benet eligibility, if you are not eligible
based on the regular base period (see below).
Appeal – A process for requesting a formal review
of a UI decision. The steps in the appeal process
are: determination, redetermination, hearing, and
Board of Labor hearing. A Board decision may be
appealed to District Court.
Base Period – Wages from the rst four of the last
ve completed calendar quarters at the time an
initial claim for benets is led. This is used for
determining benet eligibility. Your weekly benet
amount (WBA) is based on how much you earned
during this time.
Benet Week – Unemployment Insurance benet
weeks begin on Sunday and end at midnight the
following Saturday.
Benet Year/Claim Year – 52 weeks, from the
claim effective date to the claim end date. After
a benet year ends, you are eligible to le a new
claim.
Claimant Agreement – A form you complete that
veries you are legal to work in the United States.
You also acknowledge your obligations necessary
to qualify for benets. If you completed your
claim online, you signed this form electronically.
If mailed to you, it must be signed, dated, and
returned within eight days of the mailing date.
Claim Effective Date – The Sunday of the week in
which a claim is led.
Claim End Date – The last Saturday of a Claim/
Benet Year.
Claims Processing – The UI staff who assist with
a UI claim. Staff gather information from claimants
and employers, make eligibility decisions, and
provide customer service. Contact information is
on page 27.
Covered or Insured Employment – Work for which
the employer pays UI taxes to cover potential
benets.
Eligibility Determination – An initial decision
about your eligibility for benets regarding
a specic issue. You may receive multiple
determinations if there are several eligibility
issues on your claim.
Eligibility Issue – Sometimes just called an
"issue." Any act or circumstance that requires a
determination on your eligibility for benets.
Full-time Work – Working 40 hours or more per
week.
Gross Misconduct – A criminal act for which
you have been convicted or have admitted. This
also includes agrant or wanton disregard of the
rights, title, or interest of a fellow employee or the
employer. The penalty is disqualication from UI
benets for 52 weeks.
Hearing – The next step after a redetermination
if a party disagrees with the decision. You
have the opportunity to speak with a hearing
ofcer and present your case. You will receive a
hearings packet in the mail with instructions on
participating.
Hearing Decision – A document issued by
a hearing ofcer regarding a specic issue,
explaining whether or not you qualify for benets.
ID Number – May show on a letter as "ID." A
unique identication number assigned to you by UI
the rst time you le for UI benets. This number
will remain the same for any subsequent claims.
You will nd this number on any letter you receive
from UI.
Inactive Claim – A claim that you are not currently
requesting benets on. You can reactivate it at any
time during the benet year.
Insufcient Wages – Your claim does not have
enough wages in the Base Period to be eligible.
Also referred to as “monetarily ineligible.
24
See page 24 for explanations of UI terms.
Job Attachment – A veriable guarantee from
your employer that you will be working for at least
30 hours per week by a certain date. You must
be able and available for offers of full-time work
while receiving UI benets. If you qualify for job
attachment, you do not have to apply for work each
week. Your employer may be contacted to verify
your job attachment.
Maximum Benet Amount (MBA) – The maximum
amount of benets potentially available during a
benet year. MBA is based on the wages earned
in the base period of a claim. This information is
located on the monetary determination notice.
Monetary Determination – A decision made about
your monetary eligibility. It shows your maximum
benet amount and number of weeks available,
if you are otherwise eligible for benets. You may
receive more than one monetary determination if
wages are pending from another source.
Offer in Compromise – A proposal to settle a non-
fraud overpayment by paying less than the total
outstanding amount in one lump sum.
Overpayment – A payment of benets you received
but were not entitled to under Montana Law and
Rules. Overpaid benets must be repaid. See page
21 for details.
Partial Benets – Amount of UI benets you may
receive while working reduced hours (less than
your typical work hours).
Personal Agent – A person you have authorized to
assist you or act on your behalf, for example, when
ling a claim for benets. You need to request
and le an agent designation form with UI in order
for someone to become your authorized Personal
Agent.
Redetermination – The next step after the initial
determination. A different adjudicator reviews
your case le and makes a new eligibility decision
regarding the issue.
Separation – When you or your employer end the
working relationship. This can be a quit, discharge,
leave of absence, suspension, or layoff. The
separation becomes effective during the week the
claimant last physically worked.
UI Taxes – Employer-paid taxes. UI Taxes are not
withheld from your pay.
Underpayment – You are receiving less benets
than you may be entitled. This may be caused by
incorrect or incomplete information.
Union Attachment – A status assigned to active
union members who get work through a hiring hall
and are on the out-of-work list.
Waiting Week – The rst eligible week in a new
claim where you request payment and no payment
is issued. This week will not be paid, as it is used
to help the agency establish the claim and nish
the administrative process. You have to serve this
week on any new claim and will only serve one
Waiting Week per new claim.
Weekly Benet Amount (WBA) – The maximum
benet you may be eligible to receive for one week
if you have no reported earnings that week. This
amount is located on your monetary determination
notice.
25
uiclaimant.mt.gov | Claims Processing (406) 444-2545
Legal Requirements
Privacy of Information
The Unemployment Insurance Program asks for
your Social Security number by the authority of the
Social Security Act 42 U.S. C. 405c (2)C(i). You
must provide your Social Security number to le an
Unemployment Insurance claim. The Privacy Act of
1974 does not allow us to give information about
your claim to anyone (including family members)
other than yourself or your employer, unless you
give us written authorization to discuss your
claim with another person. We use your Social
Security number to verify your identity and properly
process your claim. Previous employers and other
state or local government agencies, including the
University system, may release to the Department
of Labor & Industry any information, including your
Social Security number, required for the proper
administration of your claim. We also use your
Social Security number to report the amount of
Unemployment Insurance benets you receive to
the Internal Revenue Service as taxable income.
Montana law 39-51-603 permits the Department
of Labor and Industry to share certain information
with other public agencies to help them determine
your eligibility for, or amounts of, benets payable
under their programs. 20 C.F.R § 603.11 states
condential UI information pertaining to the
claimant may be requested and utilized for other
governmental purposes, including but not limited
to, verication of eligibility under other government
programs.
Equal Opportunity
This agency is prohibited from discriminating on
the basis of race, color, religion, sex, national
origin, age, disability, political afliation or belief;
and against any beneciary of programs nancially
assisted under Unemployment Insurance/Title
I of the Workforce Innovation and Opportunity
Act (WIOA), on the basis of the beneciary’s
citizenship/status as a lawfully admitted
immigrant authorized to work in the United States,
or his or her participation in any Unemployment
Insurance/Title I nancially assisted program or
activity.
The agency must not discriminate in any of the
following areas:
Deciding on who will be admitted, or have
access to, any Unemployment Insurance or
WIOA Title I nancially assisted program or
activity.
Providing opportunities in, or treating any
person with regard to, such a program or
activity.
Making employment decisions in the
administration of, or in connection with, such a
program or activity.
If you le your complaint with the state, you must
wait either until a Written Notice of Final Action is
issued, or until 90 days have passed (whichever
is sooner), before ling with the Civil Rights Center
(CRC). If you do not receive a written Notice of
Final Action within 90 days of the day on which you
led your complaint, you do not have to wait for
that Notice before ling a complaint with the CRC.
However, you must le your CRC complaint within
30 days of the 90 day deadline (within 120 days
after the day on which you led your complaint
with the recipient). If you receive a written Notice
of Final Action on your complaint, but you are
dissatised with the decision or resolution, you
may le a complaint with the CRC. You must le
your CRC complaint within 30 days of the date on
which you received the Notice of Final Action.
Civil Rights Center
The Director, Civil Rights Center (CRC)
U.S. Department of Labor
200 Constitution Ave NW Ste N-4123
Washington, DC 20210
The Americans with Disabilities Act
The Americans with Disabilities Act of 1991
prohibits discrimination against a qualied
individual with a disability. We will make
accommodations to allow your participation in all
programs, activities and services provided by the
Unemployment Insurance program at the request
of an individual with a qualifying disability. Call
(406) 444-3783 and ask for the ADA Ofcer to
make your request known. Use Montana Relay
service at 711 if you are deaf or hard of hearing.
UI/ADA Ofcer
Montana Department of Labor & Industry
P.O. Box 8020
Helena, MT 59604-8020
26
See page 24 for explanations of UI terms.
How to Contact UI
UI Claims Processing
(406) 444-2545
9:00 a.m. to 4:00 p.m. (Monday – Friday)
Hours may be subject to change.
Interpretation for foreign languages is available
upon request. Individuals who are deaf, hard of
hearing, or have voice impairment may contact
the Montana Relay Service: 711.
Unemployment Insurance Division
P. O. Box 8020
Helena, MT 59604-8020
UI website: uid.dli.mt.gov
To file a claim: uiclaimant.mt.gov
Other Contact Information
Call (406) 444-5434 to:
Request Overpayment Waiver Form
(see page 21)
Discuss Offer in Compromise (see page 21)
Report UI Fraud
Email [email protected] or go to
uid.dli.mt.gov/report-fraud. You can also
contact our fraud investigator by phone at
(406) 444-0072 or toll free at (888) 556-4677.
27
uiclaimant.mt.gov | Claims Processing (406) 444-2545
PAID
PRST STD
US POSTAGE
HELENA, MT
PERMIT NO. 89
UNEMPLOYMENT INSURANCE DIVISION
P.O. Box 8020
Helena, MT 59604-8020
Maintaining the Foundation
of Economic Security
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