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Home » US Law » 2022 West Virginia Code » Chapter 21A. Unemployment Compensation » Article 6. Employee Eligibility; Benefits

§21A-6-1. Eligibility Qualifications

An unemployed individual shall be eligible to receive benefits only if the commissioner finds that: (1) He or she has registered for work at and thereafter continues to report at an employment office in accordance with the regulations of the commissioner;

§21A-6-11. Benefit Rate — Partial Unemployment

An eligible individual who is partially unemployed in any week shall, upon claim therefor filed within such time and in such manner as the commissioner may by regulation prescribe, be paid benefits for such partial unemployment in an amount equal to his weekly benefit rate, as determined in accordance with section ten of this article, […]

§21A-6-12. Suspension of Partial Benefit Rights

If at any time the unemployment compensation fund, including the trust fund, clearing account and benefit account, and excluding therefrom an amount, estimated by the commissioner, equal to the sum of the benefit liabilities then accrued and unpaid, shall fall below the sum of $5 million, the commissioner, with the concurrence of a majority of […]

§21A-6-13. Computation of Wage Credits; Determination of Maximum Benefits

The commissioner shall compute wage credits for each individual by crediting him with the wages paid to him for employment by employers during his base period. The maximum total amount of benefits payable to any eligible individual during any benefit year shall not exceed the amount appearing in column (D) on line indicating individual's wage […]

§21A-6-14. Payment of Benefits Upon Decease of Claimant

Accrued benefits due and unpaid on claims filed prior to decease of a claimant may, in the discretion of the commissioner, be paid, without letters of administration, to the surviving spouse, children, or parents of the deceased, in the order of priority enumerated.

§21A-6-15. Benefit Payments for Service With Nonprofit Organizations, State Hospitals, Institutions of Higher Education, Educational Institutions and Governmental Entities

(a) Benefits based on service in employment as defined in subdivisions (9) and (10), section sixteen, article one-a of this chapter, are payable in the same amount, on the same terms and subject to the same conditions as compensation payable on the basis of other service subject to this chapter; except that benefits based on […]

§21A-6-16. Child Support Intercept of Unemployment Benefits

(a) An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, disclose whether or not the individual owes child support obligations as hereafter defined under subsection (g) of this section. If any such individual discloses that he or she owes child support obligations and is determined to be […]

§21A-6-17. Food Stamp Overissuance Intercept of Unemployment Benefits

(a) Notwithstanding the provisions of section two, article ten of this chapter, the commissioner shall deduct and withhold from any unemployment compensation payable to an individual that owes an uncollected overissuance of food stamp coupons, as defined under subsection (f) of this section: (1) The amount, if any, determined pursuant to a written agreement between […]

§21A-6-1a. Seasonal Employment

An individual working less than one hundred days during his base period in an industry recognized as seasonal, such as food processing and canning, shall not be eligible for benefits unless he has earned wages during his base period in other covered employment equal to not less than $100.

§21A-6-1b. Requalification Requirement

An individual filing a claim for benefits which, if otherwise valid, would establish a subsequent benefit year, in order to be eligible for benefits for such subsequent benefit year, must have returned to work and earned wages in covered employment after the beginning of his previous benefit year equal to or exceeding an amount eight […]

§21A-6-1c. Voluntary Withholding Program

(a) An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, be advised by the appropriate bureau employee that: (1) Unemployment compensation is subject to federal and state income tax;

§21A-6-2. Waiting Period Construed

If the benefit year ends during a period of total unemployment for any individual, such individual shall serve a new waiting period of one week before benefits accruing in the new benefit year shall be payable. During the waiting period, the individual must be eligible in all respects, except for the requirements of subsection (2) […]

§21A-6-3. Disqualification for Benefits

Upon the determination of the facts by the commissioner, an individual is disqualified for benefits: (1) For the week in which he or she left his or her most recent work voluntarily without good cause involving fault on the part of the employer and until the individual returns to covered employment and has been employed […]

§21A-6-4. Individual Not Denied Benefits by Receiving Vocational Training

Notwithstanding any other provision in this article, no individual shall be denied unemployment compensation benefits because of his receiving training as part of an area vocational program, or similar program, which has as its object the training of unemployed individuals in new occupational skills: Provided, That such individual's training and training institution are approved by […]

§21A-6-4a. National Guard or Reserve Training Not to Be Considered Employment; Such Individual Not Unavailable for Work; Remuneration for Training Not to Be Deducted From Unemployment Compensation Benefit

Notwithstanding any other provision of this chapter to the contrary, the following provisions apply to an individual who is a member of the state National Guard or other reserve component of the United States Armed Forces: (1) If such individual is otherwise unemployed under the provisions of this chapter, he may not be considered to […]

§21A-6-6. New Work Not Deemed Suitable

Notwithstanding any other provisions of this chapter, no work shall be deemed suitable and benefits shall not be denied to an individual, otherwise eligible, for refusing to accept new work under any of the following conditions: (1) If the position offered is vacant due directly to a strike, lockout, or other labor dispute.

§21A-6-8. Payment of Benefits

Benefits shall become payable from the fund twenty-four months after the first day when payments first accrue. Benefits shall be payable only with respect to unemployment occurring after expiration of such twenty-four months.