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CHAPTER 4
ELIGIBILITY
Consortium WIA Handbook Page IV-1 April 2009
CHAPTER 4 – ELIGIBILITY
CONTENTS
1. ELIGIBILITY CRITERIA – ADULT, DISLOCATED WORKER, YOUTH ......................... IV-3
2. PRIORITY OF SERVICE – WIA ADULTS ....................................................................... IV-6
3. PRIORITY OF SERVICE – VETERANS ......................................................................... IV-6
4. ENTERING APPLICATIONS INTO JOB LINK………………………………………………IV-9
5. ACCEPTABLE DOCUMENTATION................................................................................ IV-11
6. DOCUMENTATION OF ELIGIBILITY TABLES. ............................................................. IV-15
A. ELIGIBILITY VERIFICATION CHECKLIST – ADULT (SEE CHAPTER 14)
B. ELIGIBILITY VERIFICATION CHECKLIST – DW (SEE CHAPTER 14)
C. ELIGIBILITY VERIFICATION CHECKLIST – YOUTH (SEE CHAPTER 14)
7. WIA DEFINITIONS. ......................................................................................................... IV-24
A. GENERAL DEFINITIONS. .............................................................................. IV-24
B. DISLOCATED WORKER PROGRAM DEFINITIONS. ................................... IV-33
8. DISLOCATED WORKER TECHNICAL ASSISTANCE GUIDE. ..................................... IV-37
A. SUGGESTED STEPS TO DETERMINE ELIGIBILITY. ..................................... IV-37
B. DOCUMENTATION OF ELIGIBILITY………….…………………….……………………….IV-37
C. TRADE ADJUSTMENT ACT (TAA) PARTICIPANTS…………………………....IV-39
9. U. I. PROFILING. ............................................................................................................. IV-41
A. UI NOTICE TO ATTEND SPECIAL MEETING – ENGLISH (SEE CHAPTER 14)
B. UI NOTICE TO ATTEND SPECIAL MEETING – SPANISH (SEE CHAPTER 14)
Consortium WIA Handbook Page IV-2 April 2009
1. WIA ELIGIBILITY CRITERIA
Following is the eligibility criteria for Adult, Youth, and Dislocated Worker Programs.
Documentation verifying the eligibility of participants in WIA is mandatory. (The documentation
requirements for eligibility criteria shall always be used instead of the options for documenting
elements for Data Validation – see Chapter XVI). Eligibility determination shall be made prior to
enrollment in WIA and receipt of any Intensive, Training or Supportive services. (If the applicant is
in training or has received services from a supporting agency prior to application/registration, staff
is to inform the applicant that that costs incurred at application prior to registration shall not be
covered with program funds.) Each program shall provide employment and training opportunities
to those who may benefit from and who are most in need of such opportunities.
In addition to each program’s eligibility requirements, verification shall be determined on the
following items for all programs:
1. Citizenship/Eligible to Work – Participation shall be open to citizens and nationals
of the United States, lawfully admitted permanent resident aliens, refugees, asylees,
and parolees, and other immigrants authorized by the Attorney General to work in
the United States. Applicants shall also prove legal US citizenship in accordance
with the Colorado Revised Statutes 24-76.5. They shall possess one of the
acceptable forms of identification (ID). Complete the form Affidavit of Immigration
Status (Chapter 14), for all participants 18 years and older. If the participant does not
possess one of the forms of ID listed and does not provide the requested
information, application to the program will be denied.
2. Selective Service/Military Status – All participants shall be in compliance with the
Selective Service Act requirements. All males who are at least 18 years old and
born after December 31, 1959 and who are not in the armed services on active duty
shall be registered.
3. Age at enrollment shall be documented for all programs. (The birth date field on WIA
Application Screen 1 [Display Information] must match the supporting
documentation.)
A. Adult Eligibility Criteria:
Individuals 18 or older, and where applicable, if funds allocated to a local area for training
activities are limited, priority for intensive and training services shall be given to recipients
of public assistance and other low-income individuals as identified in the local workforce
plan.
B. Dislocated Worker Criteria: An individual 18 or older who:
1. (LU) - has been terminated or laid off, or who has received a notice of termination or
layoff from employment; is eligible for or has exhausted entitlement to
unemployment compensation; or is not eligible for unemployment compensation due
to insufficient earnings; or having performed services for an employer that were not
covered under a state unemployment compensation law; (Note: This includes the
Consortium WIA Handbook Page IV-3 April 2009
agricultural industry. Reference: WIA 101(9) section 2) and is unlikely to return to a
previous industry or occupation. (Note: if individual has not received a notice of
termination or layoff, but is awarded UI and is unlikely to return (see definition of
Unlikely to Return), the UI notice shall constitute a layoff or termination notice ONLY
if the Unemployment Notice of Decision specifically cites CRS 8-73-108 (4) on the
form below the decision. Notices of Decision that do not have the legal citation but
has a statement reflecting that the separation was not the applicants fault shall be
reviewed by MIS on a case by case basis. Notices of Decision without the above
criteria met will NOT be accepted as layoff documentation. A signed and completed
Telephone Verification/Document Inspection form indicating what the 04 screen from
the CUBS system displays can document layoff if the Claimant Separation and
Employee Separation columns both show the 09 code for layoff or if the Claimant
Separation column shows 09, the Employer Separation column has no codes and
the period for Employer Fact Finding has expired. (An example of acceptable 04
screens can be found on page 25.) If all options for documenting layoff have been
exhausted, a self attestation with a signed and completed Telephone
Verification/Document Inspection form indicating what CUBS presents for UI records
shall document layoff.)
2. (PC, SL or PA) - has been terminated or laid off, or who has received a notice of
termination or layoff from employment as a result of any permanent closure of or any
substantial layoff at a plant facility or enterprise; is employed at a facility at which the
employer has made a general announcement that such facility will close within 180
days; or is employed at a facility at which the employer has made a general
announcement that such facility will close.
3. (SE) - was self-employed (including employment as a farmer, a rancher, or
fisherman) but is unemployed as a result of general economic conditions in the
community in which the individual resides or because of natural disasters; or
(NOTE: “Evidence of impending business failure” is no longer a criteria under the
self-employed category)
4. (DH) - is a displaced homemaker (an individual who has been providing unpaid
services to family members in the home and who has been dependent on the
income of another family member but is no longer supported by that income; and is
unemployed or underemployed and is experiencing difficulty in obtaining or
upgrading employment). Alimony should not be considered as a replacement for
lost income because in most cases alimony payments are much lower than the
spousal income that was lost. As a result, a person receiving alimony is to be
considered eligible for the Dislocated Worker program if meeting the remaining
criteria for the definition of a Displaced Homemaker.
5. (PR) - U. I. Profiled – procedures for U. I. Profiling are included at the end of this
section.
NOTE: Trade Adjustment Act (TAA) eligible participants see section regarding TAA
participants on page IV-42.
Consortium WIA Handbook Page IV-4 April 2009
C. Youth Eligibility Criteria:
An individual who is not less than age 14 and not more than age 21; is a low-income
individual; and is an individual who is one or more of the following: deficient in basic
literacy skills; a school dropout; homeless, a runaway, or a foster child; pregnant or a
parent; an offender; or an individual who requires additional assistance to complete an
education program or to secure and hold employment. A disabled youth whose family does
not meet income eligibility criteria may be eligible if the youth’s own income meets the
income criteria for a family size of one.
Exception: Five percent of the youth participants may be individuals who do not meet the
minimum income criteria, if such individuals meet one or more of the following categories:
school dropout; basic skills deficient; educational attainment that is one or more grade
levels below the grade level appropriate to the age of the individual; pregnant or parenting;
individual with a disability including learning disabilities; homeless or runaway; offenders; or
other serious barriers to employment as identified in the local plan. (To use this category,
an emailed request shall be sent to the Rural Consortium MIS Manager for approval and is
to include applicant’s name and circumstances. The information required for the request
can be found at http://www.yourworkforcecenter.com/internal/5WindowRequest.htm.The
application screens shall be completed prior to sending the request for slot reservation.
Income must still be calculated and documented to show that the applicant is over income
and a 5% window slot must be used. An email response indicating that there is room for
the applicant is not a verification of eligibility.)
Thirty percent of the youth funds shall be spent on out-of-school youth. An out-of-school
youth is an individual who (a) is an eligible youth who is a high-school dropout; or (b) is an
eligible youth who has either graduated from high school or holds a GED, but is basic skills
deficient, unemployed, or underemployed. A youth attending an alternative school is not a
dropout.
Individual’s ages 18 through 21 may be eligible for both adult and youth programs if they
meet the respective eligibility requirements for both programs.
Consortium WIA Handbook Page IV-5 April 2009
2. Priority of Service – WIA Adults
The WIA requires that priority must be given to recipients of public assistance and other low
income individuals in the local area for intensive and training services, in the event that the
funding allocated is limited. Each local sub-region’s policy shall clearly address how and when a
determination is made limiting funds when invoking a priority of service.
Each sub-region’s Local Board shall establish criteria by which the determination of available
funds is made and a process to determine whether the priority of service should be implemented.
The process established shall include a plan to allow services to be given to public assistance
recipients and low-income populations in conjunction to serving other eligible individuals as well.
Invoking the priority of service plan does not mean to serve only the recipients of public assistance
and those who are low income.
3. Priority of Service - Veterans
According to PGL 04-17-V, all affected programs, including Wagner-Peyser, WIA, MSFW
Outreach, TAA, Incumbent Worker and UI Profiling programs, shall provide Veteran’s Priority of
Service as described in PL 107-288, “Jobs for Veterans Act.” WIA staff and the LVER/DVOP
specialists in each sub-region need to work closely to insure that proper referrals are made to the
WIA program and to determine if there are WIA services that can be accomplished quickly to help
the hard to place veteran obtain employment before the time expires for the placement standard.
A. Recruitment: WIA staff shall work closely with their local LVER or DVOP specialists to
insure that proper referrals are made to the WIA program. Eligibility and Assessment Factors
desk aids will be provided to Veteran staff to assist with this determination. A method of
regular communication shall be established between the LVER/DVOP specialists, directors
and WIA staff in the regions. WIA staff and the LVER/DVOP shall work together to determine
if there are WIA services that can be accomplished quickly to help the hard-to-place veteran
obtain employment before the time expires for the placement standard. This effort will benefit
both the Veteran program as well as the WIA program in meeting their performance numbers.
Any printed materials and presentations that target job seekers or employers shall contain
information regarding the veteran’s priority of service. The Rural Consortium website and any
sub-region websites shall contain information regarding the Veteran’s Priority of Service. If a
sub-region finds it is not making the veterans priority of service numbers in any given program,
it shall pro-actively recruit veterans for that particular program.
When submitting discretionary grant proposals, a process to insure veteran’s priority shall be
included in the proposal. Projects involving incumbent workers shall include a description of
how employers will be notified or advised of veteran’s priority of service
B. Awareness: To ensure that all veterans are made aware of their right of priority in all
programs, the following clause shall be included on all Complaint Procedures/EEO forms and
the signature page of the online WIA application used by all sub-regions and contractors within
the Rural Consortium Region. This Complaint Procedure/EEO form (Chapters XII and Forms
Chapter XIV) can be found in the Rural Consortium Policies and Procedure Manual. In
Consortium WIA Handbook Page IV-6 April 2009
addition, a poster detailing this priority for all programs shall be posted in the Workforce
Centers.
The WIA is required by Public Law 107-288, section 2(a) of the Jobs for Veterans Act 38
U.S.C. 4215 (a) to give priority of service to veterans (and some spouses) “who
otherwise meet the eligibility requirements for participation” in DOL training programs.
C. Intake and Enrollment: Veterans shall be given job referrals ahead of non-veterans in the
Wagner-Peyser program. This is inherent in the Job Link system as veterans are listed at the
top of all auto job searches and are called first when the Voice Response system is used for
contact. When the auto job search isn’t used, specific veteran job searches shall be performed
on all job orders, and veterans called before non veterans are referred. This also includes the
Migrant Seasonal Farm Worker outreach program since it is tracked within the Wagner-Peyser
program and all are registered Wagner-Peyser customers.
Veterans that have met all WIA eligibility requirements and are assessed for WIA services
shall get priority for registration in WIA adult, dislocated worker and youth programs over non-
veterans that have met the same standards. The assessment factors used for all WIA clients
are included in the Rural Consortium Policy and Procedure Manual in chapter VI. Thorough
documentation shall be maintained in the applicant’s file regarding eligibility and assessment
and accompanying statements for both veterans and non-veterans regarding why a decision to
enroll or not to enroll in WIA was made. This statement shall be entered on the confidential
notes screen in Job Link.
When a region uses the UI Profiling program to find Dislocated Workers, letters shall either be
sent to all individuals within a score, or each individual record within the score shall be looked
at on Job Link to determine which individuals are veterans and those individuals shall be
moved to the top of the list. The latter shall be a manual process.
The Rural Consortium shall adhere to the policy the Trade Act Assistance Program (TAA) puts
in place to insure that all TAA participants are given priority of service.
D. Contractors: Language shall be included in all contracts to require that contractors and
sub-contractors follow the Consortium Policies and Procedures Manual, which shall insure that
all contractors and sub-contractors are adhering to the Veteran’s Priority of Service Policy.
E. Measuring, Tracking and Reporting: The success in achieving priority of service for
veterans within each program shall be measured by comparing the percentage of veterans
who applied to the program and were accepted versus the non-vets who applied to the same
program and were accepted. If the percentage of veterans accepted is greater than the
percentage of non-veterans accepted, the program is considered to be in compliance with
veteran’s priority requirements.
The Characteristics report in Job Link will be used to determine if the regions are meeting the
WIA veteran’s priority of service. In order to have an appropriate applicant pool, all
applications, even if the documentation isn’t complete, shall be entered into Job Link. This is
important as it allows us to properly show the number of veteran and non-veteran applicants
that we are not serving in WIA.
Consortium WIA Handbook Page IV-7 April 2009
The Vets Monitoring report in Job Link shall be used for determining if priority of service is
being met for the Wagner Peyser and Migrant Seasonal Farm Worker Outreach programs.
A quarterly report for each sub-region and the Consortium shall be submitted to the Rural
Consortium Director and the Workforce System Specialist (WSS). A copy of the quarterly
report shall also be provided to the LVER in the sub-regions. This report shall be prepared by
the Consortium MIS Manager according to the guidelines set forth by the state.
The Rural Consortium Internal Monitor shall include the Veteran’s Priority of Service in the
Consortium Internal Monitoring Instrument.
F. Statewide Activities and Demonstration Grants: When applying for WIA and Wagner
Peyser Discretionary Grants, the process by which veterans are assured priority of service
shall be described in each proposal. Any incumbent worker projects shall include a description
of how the employers will be notified or advised of veteran’s priority of service requirements.
G. Relationship to Adult Priority of Services Policies: Each sub-region of the Rural
Consortium has its own Adult Priority of Service Policy. Each of these sub-regions shall
include Veteran’s Priority of Service in their local WIA Adult priority of service policy. The
internal monitor shall verify this has been done.
Consortium WIA Handbook Page IV-8 April 2009
4. Entering Application Into Job Link
To enter an application into Job Link without registering the applicant, go to the Change Program
Information Screen and enter the information as usual except the start date located in the top
right corner of the screen. All applications more than 45 days old must be updated, re-printed and
re-signed by the applicant prior to registration. Any additional documentation for eligibility or data
validation purposes showing changes are to be added to the file.
Doing this will enter the application but not the registration and will show on the F8 Display screen
as follows:
Consortium WIA Handbook Page IV-9 April 2009
Consortium WIA Handbook Page IV-10 April 2009
5. Acceptable Documentation
The following tables list the specific eligibility criteria and acceptable documentation sources to
verify eligibility. All the appropriate documentation sources, which may be used to verify eligibility,
are listed. NOTE: The implementation of Data Validation requires certain data elements in the
record to also be documented. The list of acceptable documentation for Data Validation (Chapter
XVI) varies from the list below. Any criteria used for eligibility determination shall be documented
using the following list. If the data element is only being documented for Data Validation
purposes, than the list in Chapter XVI applies.
For example:
If a youth is being determined eligible based on a barrier of Pregnant/Parenting Youth,
documentation options are:
- Applicant Statement (PREGNANT ONLY) -Birth Certificate
- Hospital Record of Birth -Medical Card
- Physician's Note -Referrals from Official Agencies
- School Program for Pregnant Teens -School Records
- Statement from Social Services Agency
If the same youth is determined eligible based on a barrier of Basic Skill Deficient, the
documentation for Basic Skill Deficient shall be in the file and the applicant’s self-
attestation of pregnant/parenting youth will suffice for Data Validation purposes (see
definition of self-attestation for data validation purposes in Chapter XVI).
For cases where documentation cannot or may not be copied, and/or is not readily obtainable, a
“Telephone Verification / Documentation Inspection form” has been developed to document WIA
eligibility criteria. This form serves a dual purpose:
1. Telephone Verification – used to verify eligibility information through governmental,
private, and/or social service agencies. Information recorded on this form shall include all
the applicable information to enable a monitor and/or auditor, to adequately verify eligibility,
i.e. document name, contact name, telephone numbers, addresses, etc.; and/or
2. Document Inspection – used in cases when documents cannot or may not be copied
(i.e. CUBS data), and/or if program recruitment is being conducted in the field.
Also, applicant statements may be used in limited cases after all attempts to secure
documentation have failed. These alternate forms of documentation (Telephone Verification /
Document Inspection form and Applicant Statement Form) are included in Chapter XIV.
To document income eligible, the Income Worksheet contained in Chapter XIV shall be completed
to summarize the income information. The documentation sources shall be attached to the
Income Worksheet. Any gap or period of non-wages in prior 6 months should be noted on the
Income Worksheet form in addition to an Applicant Statement form. The six month income period
for calculation shall begin from the date of Application.
When eligibility documentation is being gathered, a checklist shall be used in order to identify what
documentation is being used to support the eligibility criteria. If sub-regions do not have a
checklist to use, samples are provided in Chapter XIV. The checklist shall be filled out in a manner
where anyone looking in the file should be able to locate the specific document noted on the
checklist as supporting documentation.
Consortium WIA Handbook Page IV-11 April 2009
A. APPLICANT STATEMENT REQUIREMENTS:
***Note: The Applicant Statement requirements for data validation are different from the
definition of “self-attestation” for eligibility purposes.
Limited use of applicant statements to document those items which may not be verifiable or
which may cause undue hardship for individuals to obtain is allowable. An applicant
statement may be used only in the cases described below and only after all practicable
attempts to secure documentation have failed. A documented corroborative contact or
reliable witness attesting to the accuracy of the statement shall support applicant
statements. In order to utilize the applicant statement as documentation the following
requirements shall be adhered to:
1. The applicant statement form shall be utilized.
2. A corroborative contact or witness shall be indicated on the statement. The
corroboration may be via witness signature or supporting telephone verification form. In
those rare instances when an applicant cannot obtain a satisfactory witness or provide a
telephone contact, the applicant shall explain why such corroboration is not possible.
3. Use of the applicant statement is limited to the following instances:
a. LOW-INCOME ELIGIBILITY:
1. Individual status/Family size - Persons ordinarily included in the definition
of family, but claiming to be no longer dependent, shall complete an applicant
statement attesting to their individual status. If possible, such statements
should be corroborated by the head of household in which that person
resides. Individual shall also show sources and amount relating to his/her
support.
2. Proof of income for individuals who claim little or no income – A statement
shall indicate means of support, e.g., unemployment compensation, for
previous six-month period. The statement should also indicate corroborative
witness to verify indicated means of support.
3. Proof of income for individuals who can show no approved form of
documentation - Statement should be signed by a corroborating witness and
should be used to back up both the previous year’s federal income tax form
and an Income Worksheet completed for the last six months prior to the date
of application.
4. Verify/document homeless for individuals not residing at a shelter.
5. Individuals with disabilities - when condition is observable or obvious.
Consortium WIA Handbook Page IV-12 April 2009
b. LAYOFF STATUS:
1. Self-attestation of layoff together with a Telephone Verification/Document
Inspection form validating UI wage data for the claimant showing wages from the
employer in question is only to be used in situations where the layoff documentation
options have been exhausted. Reference: TAN 04-2 revised August 2005.
c. YOUTH BARRIERS:
1. Dropout Status - Applicant statement is to be used only for out-of-state and/or
applicants 16 or over when documentation from the school district cannot be
obtained.
2. Offenders - When court records or other documentation are unattainable.
3. Pregnant.
4. Homeless for individuals not residing at a shelter.
5. Individuals with disabilities - when condition is observable or obvious.
EXAMPLES: Use of the sample Applicant Statement form is as follows: If an
applicant states that s/he cannot provide evidence that no income was received
during the past six months, and that s/he was unemployed for that period, the blank
spaces following the phrase on the Applicant Statement form: I (Applicant Name)
hereby affirm under penalty of perjury, the following: may be completed as follows:
"I have received no income from any source during the past six months, that I have
been unemployed during that time, and have been supported by donations/contribu-
tions from relatives and friends.”
This should be corroborated by the person(s) providing the support.
B. SELECTIVE SERVICE:
All male WIA applicants must be registered for Selective Service if the are 18 years
or older at application. If the applicant is not yet 18 years old at the time of
application, they will need to register within 30 days of their 18 birthday if they are
subsequently registered into the WIA program. If a registration does not occur by the
30th day after their 18th birthday, the WIA record will be immediately terminated
negatively.
Members of the Military and Veterans
If a member of the military or veteran failed to register with Selective Service, Section
12(g) of the Military Selective Service Act allows them to receive benefits under
specific conditions. As a veteran, or part-time National Guard or Reservist, the
applicant may provide a DD214 showing the dates of military service, or a current
Consortium WIA Handbook Page IV-13 April 2009
military ID card if still on active duty or a member of the National Guard and
Reserves. These documents serve as evidence that failure to register for Selective
Service was not knowing and willful. Therefore, men who served on full-time active
duty in the U.S. Armed Forces should not be denied services under WIA on the basis
of their failure to register with Selective Service. As long as proof of active duty
military service stated above is provided, the subsequent failure to register should not
bar qualification to any services, based upon Selective Service registration
compliance, for which the applicant is otherwise qualified.
Who Must Register for Selective Service
All males born on or after January 1, 1960 upon turning 18 (disability, clergy status
and conscientious objection does not exempt anyone from the requirement to
register.
All immigrant alien males, other than those admitted on nonimmigrant visas, (whether
or not they have a green card) upon turning 18 or before 26 if entering/taking up
residence in the US if they are over 18 years old.
Who does not have to register for Selective Service
Females;
Nonimmigrant aliens on student, visitor, tourist, or diplomatic visas;
Men on active duty in the U.S. Armed Forces; and,
Cadets and midshipmen in the Service Academies and certain other U.S. military
colleges.
If an applicant willfully and knowingly did not register for Selective Service and has
reached his 26th birthday, he will be denied registration to the WIA program. If he can
provide convincing evidence to Selective Service that failure to register was not
knowing and willful, approval may be granted for registration to the WIA program.
The applicant shall provide a copy of the evidence submitted to Selective Service and
the official response from Selective Service indicating that he has resolved the failure
to register to the Rural Consortium Admin Team for final review and approval. (They
may call Selective Service 1-847-688-6888 or send a request for a “status
information” letter to PO Box 94638, Palatine, IL 60094-4638 or download a Request
for Status Information Letter from the www.sss.gov website).
Consortium WIA Handbook Page IV-14 April 2009
6. DOCUMENTATION OF ELIGIBILITY
TABLES OF DOCUMENTATION TO ESTABLISH
ALL WIA PROGRAM ELIGIBILITY (ADULT, DISLOCATED WORKER AND YOUTH)
Acceptable Documentation (only one of the following is required in
GENERAL ELIGIBILITY each category)
- *Signed Social Security Card AND Driver's License or other
CITIZENSHIP/ALIEN STATUS government issued picture ID containing a photograph or information
(This is to document such as name, date of birth, gender, height, eye color and address. (If
citizenship/alien status for WIA under 18 years old and does not have a Driver’s License; may use
program eligibility purposes school record or hospital record with signed Social Security Card.
only. The Affidavit of Identification cards issued by Department of Corrections shall not be
Immigration and supporting accepted.)
documentation shall be - U.S. Passport (unexpired ONLY!)
completed during the - Permanent Resident Card or Alien Registration Receipt Card (Form
application process for all I-551)
applicants 18 years and older. - An unexpired foreign passport with a temporary I-551 stamp
See Chapter 14 to obtain the - An unexpired Employment Authorization Document that contains a
Affidavit of Immigration form. Photograph (Form I-766, I-688, I-688A, I-688B)
Documentation for eligibility to - An unexpired foreign passport with an unexpired Arrival-Departure
work shall be provided at such Record, Form I-94, bearing the same name as the passport and
time a registrant enters into a containing an endorsement of the alien’s nonimmigrant status, if that
Work Experience service and status authorizes the alien to work for the employer
must strictly comply with the I- - Original or certified copy of a Birth Certificate issued by a state,
9 documentation county, municipal authority or outlying possession of the US bearing
requirements. See Chapter an official seal
7C.) - Certification of Birth Abroad issued by the Department of State
- **DD-214, Report of Transfer or Discharge (If Place of Birth
is Shown)
- US Citizen ID card (Form I-197)
- Native American Tribal Document/CDBI (Certificate of Degree of
Indian Blood)
AFFIDAVIT OF - Colorado Driver’s License
IMMIGRATION - US Military ID Card
(Complete for all Applicants 18 - US Coast Guard Merchant Mariner Card
years or older effective - Colorado Identification Card
1/1/2007.) - Military Dependent Identification Card
- Native American Tribal Document
- Other State Driver’s License/State ID Card
- Internet Selective Service Printout www.sss.gov
SELECTIVE SERVICE - Acknowledgment Letter
REGISTRANT - Contact the Selective Service at 1-847-688-6888
- Fax Selective Service at 1-847-688-2860
- DD-214 Report of Transfer or Discharge
- Selective Service Verification Form
- Selective Service Advisory Opinion Letter
- Selective Service Registration Card
- Selective Service Registration Record (Form 3A)
- Selective Service Waiver Document (for veterans)
- Stamped Post Office Receipt of Registration
- Other Region/State Registration Process
Consortium WIA Handbook Page IV-15 April 2009
- Baptismal Record
BIRTH DATE/AGE - DD-214, Report of Transfer or Discharge Papers
- Driver's License
- Federal, State or Local Government-issued Identification Card
- Hospital Record of Birth or Birth Certificate
- Passport
- Public Assistance/Social Service Records
- School Records/Identification Card
- Work Permit (in Colorado, age certification)
- Tribal Records
- DD-214, Report of Transfer or Discharge
SOCIAL SECURITY NUMBER - Employment Records showing SSN
- Public Assistance Record
- IRS Form Letter 1722
- Letter from Social Security Agency that includes SSN
- Pay Stub showing SSN
- Social Security Benefits showing SSN
- *Social Security Card signed by applicant (preferred)
- W-2 Form showing SSN
* Revised CDLE TAN 04-2 (August 2005), requires the Social Security card to be signed if documenting citizenship
or if a person is entering a paid work experience.
** For citizenship/alien status only. Is not acceptable as a List A document #5 on the I-9.
Consortium WIA Handbook Page IV-16 April 2009
TABLES OF DOCUMENTATION TO ESTABLISH ECONOMIC ELIGIBILITY FOR YOUTH
AND LOCAL PRIORITY OF SERVICE
- Copy of Authorization to Receive Cash Public Assistance
CASH PUBLIC ASSISTANCE - Copy of Public Assistance Check
- Medical Card Showing Cash Grant Status
NOTE: The listed items of - Public Assistance Identification Card Showing Cash
documentation are acceptable Grant Status
for any individual listed on the - Public Assistance Records/Printout
grant. - Refugee Assistance Records
INDIVIDUAL/FAMILY INCOME - Alimony Agreement
NOTE: Documentation should be - Applicant Statement
provided for each applicable - Award Letter from Veterans Administration
income source. The "Income - Bank Statements (Direct Deposit)
Worksheet" shall be used to - Compensation Award Letter
summarize the income - Court Award Letter
information. - Employer Statement/Contact
- Farm or Business Financial Records
CUBS Wage inquiries are not - Housing Authority Verification
optimal for determining income - Pay Stubs
eligibility for programs as the data - Pension Statement
is not current. There are, in some - Public Assistance Records (TANF, Food Stamps)
cases where up to 3 months of - Quarterly Est. Tax for Self Employed Persons
income could be documented (Schedule C)
using a wage inquiry. Wage - Social Security Benefits (disability, retirement, etc.)
inquiries are only used in - Unemployment Insurance Documents and/or Printout
documenting DW eligibility to - School Grants & Scholarships (which are not
show that the person has worked needs-based)
for an employer that reported to
UI. Other documentation is
usually readily available and the
use of wage inquiries is minimal
AND must be documented on the
Telephone Verification /Document
Inspections form.
- Applicant Statement
INDIVIDUAL STATUS – - Birth Certificate (s)
FAMILY SIZE - Decree of Court
- Disabled (See Individuals with Disabilities)
- Social Security Card(s)
- Landlord Statement
- Lease
- Marriage Certificate
- Youth 18 years and older shall complete Applicant Statement
- Medical Card
- Most Recent Tax Return showing income and family size
- Public Assistance/Social Service Agency Records
- Public Housing Authority (If Resident of or on Waiting
List)
- Written Statement from a Publicly Supported 24 Hour Care
Facility or Institution (e.g. Mental, Prison)
FOOD STAMPS - Authorization to obtain Food Stamps
- Food Stamp Receipt
Currently receiving or eligible to - Food Stamp Card with eligibility date
receive within the six months prior - Letter from Food Stamp Disbursing Agency
to application to WIA. - Postmarked Food Stamp Mailer with Applicable Name and
NOTE: The listed items of Address
documentation are acceptable - EKIN Record/Printout showing “TRAN CODE” of 2, 6 or 8
for any individual or family with “CERT FROM” date and “CERT THRU” date
member listed on the grant.
Consortium WIA Handbook Page IV-17 April 2009
- Applicant Statement
HOMELESS - Written Statement from an Individual Providing Temporary
Residence
- Written Statement from Shelter
- Written Statement from Social Service Agency
- Court Contact
FOSTER CHILD - Court Documentation
- Medical Card
- Verification of Payments made on Behalf of the Child
- Written Statement from State/Local Agency
- Letter from Drug or Alcohol Rehabilitation Agency
INDIVIDUALS WITH - Letter from Child Study Team Stating Specific Disability
DISABILITIES - Medical Records
- Observable Conditions (Applicant Statement Needed)
NOTE: In the case of a - Physician's Diagnosis/Statement
youth participant being - Psychiatrist's Diagnosis/Statement
qualified as learning - Psychologist's Diagnosis/Statement
disabled, a statement on - Individual Education Plan (IEP) or other School Records
letterhead or current IEP - Rehabilitation Evaluation
from the school shall contain - Sheltered Workshop Certification
the date of the staffing, the - Social Service Records/Referral
diagnosed disabling - Social Security Administration Disability Records
condition. Only signatures - Veterans Administration Disability Records
of the school psychologist, - Vocational Rehabilitation Letter
school principal, super- - Workers Compensation Record
intendent, or special
education administrator will
be acceptable. The date
shall be within a year from
the date of application.
Consortium WIA Handbook Page IV-18 April 2009
TABLE OF DOCUMENTATION TO ESTABLISH SPECIFIC
WIA YOUTH PROGRAM ELIGIBILITY -Cont.
YOUTH BARRIERS
- Assessed by a generally accepted standardized test
BASIC SKILLS DEFICIENT - School Records
May be used as a barrier for
eligibility or as a 5% Exception
Barrier
- Report Card
BEHIND GRADE LEVEL - School Records
May only be used a 5%
Exception Barrier. Cannot be
used as a barrier for eligibility.
- Court Contact
FOSTER CHILD
- Court Documentation
- Medical Card
- Verification of Payments made on behalf of the Child
- Written State from State/Local Agency
- Applicant Statement (PREGNANT ONLY)
PREGNANT OR PARENTING
- Birth Certificate
May be used as a barrier for
- Hospital Record of Birth
eligibility or as a 5%
- Medical Card
Exception Barrier
- Physician's Note
- Referrals from Official Agencies
- School Program for Pregnant Teens
- School Records
- Statement from Social Services Agency
SCHOOL DROPOUT - Applicant Statement
May be used as a barrier for - Attendance Record
eligibility or as a 5% - Dropout Letter
Exception Barrier
- Applicant Statement
OFFENDER - Court Documents
May be used as a barrier for - Halfway House Resident
eligibility or as a 5% - Letter of Parole
Exception Barrier - Letter from Probation Officer
- Police Records
RUN-AWAY YOUTH OR - Applicant Statement
HOMELESS - Written Statement from an individual providing temporary
May be used as a barrier for residence
eligibility or as a 5% - Written Statement from Shelter
Exception Barrier - Written Statement from Social Service Agency
- It is the policy of the Rural Consortium to adhere to the following
NEEDS ADDITIONAL definition when using the “needs additional assistance barrier” for
ASSISTANCE TO youth eligibility determination or “other barrier” for the 5% window
COMPLETE AN youth eligibility determination.
EDUCATIONAL PROGRAM,
OR TO SECURE AND HOLD
EMPLOYMENT A youth who needs additional assistance has been identified as
someone who:
Is lacking necessary skills, such as work maturity and/or experience,
to obtain and/or maintain employment; or
Is at risk of dropping out of secondary education, needing direction
and assistance in collaboration with school counselor/teachers to
Consortium WIA Handbook Page IV-19 April 2009
continue education, has poor attendance in school or has been
NEEDS ADDITIONAL suspended/expelled from school; or
ASSISTANCE TO
COMPLETE AN Has received a Diploma/GED and is interested in post secondary
EDUCATIONAL PROGRAM, education and in need of guidance and/or supportive services to
OR TO SECURE AND HOLD enroll in, and/or complete, a desired career path.
EMPLOYMENT
Cont’d Is a very young youth (less than 16 years of age); or
Has experienced difficulty in finding employment on their own; or
Has a disability that is a barrier to training and/or employment; or
Has poor interpersonal skills or social skills; or
Has poor personal appearance or hygiene; or
Lacks family support (financially or emotionally); or
Needs supplemental services for interview, work clothing, and/or
job search.
For the 5% window “Other Barrier”, the above definition will
also be used.
The 5% window justification shall be in the form of a written
statement from case manager noting how the individual (including
a youth with a disability) requires additional assistance to complete
an educational program, or to secure and hold employment. The
statement shall have supporting documentation necessary to verify
this eligibility category.
OTHER SERIOUS
BARRIER(S) - See definition of Youth Needs Additional Assistance
May only be used a 5%
Exception Barrier. Cannot
be used as a barrier for
eligibility (Use Job Link
Code – A for Needs
Additional Assistance).
INDIVIDUALS WITH
DISABILITIES - Letter from Drug or Alcohol Rehabilitation Agency
NOTE: In the case of a youth - Letter from Child Study Team stating specific disability
participants being qualified - Medical Records
with a learning disability, a - Observable Condition (Applicant Statement Needed)
statement on letterhead or - Physicians Diagnosis/Statement
current IEP from the school - Psychiatrist’s Diagnosis/Statement
shall contain the date of the - Psychologist’s Diagnosis/Statement
staffing, the diagnosed - Rehabilitation Evaluation
disabling condition. - Individual Education Plan (IEP) or other School Records
Only signatures of the school - Sheltered Workshop Certification
psychologist, school principal, - Social Service Records/Referral
superintendent, or special - Social Security Administration Disability Records
education administrator will - Veteran’s Administration Letter/Records
be acceptable. - Vocational Rehabilitation Letter/Records
May be used a 5% Exception - Workers Compensation Records
Barrier or Category for
Eligibility. Cannot be used as a
barrier for eligibility.
Consortium WIA Handbook Page IV-20 April 2009
TABLE OF DOCUMENTATION TO ESTABLISH SPECIFIC
WIA DISLOCATED WORKER PROGRAM ELIGIBILITY – Cont.
DISLOCATED WORKER
ELIGIBILITY
CATEGORIES
a. A Termination notice from the employer that does not display a
1. LAYOFF/UI/UNLIKELY TO negative reason for the termination may be used to document
RETURN termination; a layoff notice from the employer; or a UI Notice of
Shall have documentation for: Decision, ONLY if the Notice of Decision specifically cites CRS 8-73-
a. Layoff; and, 108 (4) on the form below the decision. Notices of Decision that do not
b. Eligible for have the legal citation but has a statement reflecting that the separation
Unemployment Insurance; was not the applicants fault will be reviewed by MIS on a case by case
and, basis. Notices of Decision without the above criteria met will NOT be
c. Unlikely to return to job or accepted as layoff documentation. A signed and completed Telephone
industry of layoff. Verification/Document Inspection form indicating what the 04 screen
from the CUBS system displays can document layoff if the Claimant
Separation and Employee Separation columns both show the 09 code
for layoff or if the Claimant Separation column shows 09, the Employer
Separation column has no codes and the period for Employer Fact
Finding has expired. (An example of acceptable 04 screens can be
found on page 24 and a Telephone Verification/Document Inspection
form shall be used to verify what was found in the CUBS system for
eligibility purposes. Staff shall not print screens from the CUBS system
for inclusion in the file.) If ALL options for documenting layoff have
been exhausted, a self attestation with a signed and completed
Telephone Verification/Document Inspection form indicating what
CUBS presents for UI wage records documentation will document
layoff; and
b. U.I. Notice of Decision, Monetary Determination of Eligibility for U.I.,
or a signed and completed Telephone Verification/Document Inspection
form indicating what CUBS presents for UI wage records
documentation will document layoff;; and
c. Occupational outlook data or telephone verification with
WFC that the applicant is unlikely to return to his/her previous
occupation; or, Job Order Locator printout from Job Link showing no
appropriate job openings for the ONET code for the job of layoff;
LMI data showing applicant’s skills are not currently in demand (Job
Vacancy Survey); LMI data showing the applicant cannot meet skill
requirements for jobs currently available in the field of layoff (want
ads, Choices, COCIS, etc.); Job search logs created by the
applicant that demonstrate no job offers received for a period of
weeks prior to WIA enrollment; or, documentation of acquired
physical limitations or injuries that make an individual unable to
perform the same work as the job of dislocation.(TAN 04-2, revised
August 2005)
- WARN notice to CDLE; or
2. PLANT CLOSURE – - Termination notice as the result of a permanent closure or
SUBSTANTIAL LAYOFF substantial layoff; or
- Notice of termination due to the impending shutdown or
substantial layoff at a plant or facility.
- If a layoff or termination notice was not received, a pay-
- check stub, W-2, or U.I. record can document client's
employment, and a newspaper article, public notice or
personal knowledge can document that the facility shut
down.
Consortium WIA Handbook Page IV-21 April 2009
- Letterhead stationary or equivalent (e.g. company press
3. PUBLIC ANNOUNCEMENT release) which positively identifies the announcement as
OF CLOSURE being officially issued by the company or facility; and
- Specific language indicating that the action will be a
closure (not downsizing or substantial layoff); and
- Projected date on which the closure will occur and an indication
that all employees will be terminated on or before that date.
- Tax Returns documenting consistent reduction in business
4. SELF-EMPLOYMENT income resulting in net loss in each of the last 2 years.
- Financial Statements
- Notices of Default
- Foreclosure or Bankruptcy Notice
- Notice of intent to repossess inventory or necessary business
equipment or property.
- UI Letterhead – valid five (5) years from date of scheduled
5. UI PROFILED Meeting (provided interim jobs were considered stop-gap)
- SSR (if applicable)
- Divorce Papers
6. DISPLACED HOMEMAKER - Statement from Workers Comp or Voc Rehab on loss of
income from other family member(s)
- Separation Papers
- Letter from Attorney
- Applicant Statement
- Death Certificate of person providing support
Acceptable Documentation of Layoff for DW - 04 Screen Sample 1 ***Must be documented using
the Document Inspection form. DO NOT print this out from cubs.
A 04 screen from CUBS that shows code 09 in both Claimant and Employer Separation columns (CLMNT SEP, EMPL SEP)
will be accepted as documentation of layoff in situations where a layoff letter is not available.
03/01/2005 - BASE PERIOD EMPLOYERS - 04
SSN: 123 45 6789 0 NAME: Duck, Donald BYE: 12/14/2002
NO. OF EMPLOYERS: 01
EMPLOYER NO: 01 ACCOUNT: 001234.00-8 NAME: Disney Land Inc.
REIMBURSIBLE: N SEASONAL: N START: END:
EMPLOYER FACT FINDING -- DUE DATE: 12/31/2001 RECEIPT DATE: 12/21/2001 2ND: N
CLAIMANT FACT FINDING -- DUE DATE: 12/13/2001 RECEIPT DATE: 12/13/2001 2ND: N
WAGE START END CLMNT EMPL
WAGES SOURCE DATE DATE SEP SEP
QTR 1: 13335.20 3 05/28/1974 12/13/2001 00 09
QTR 2: 14818.49 3 05/28/1974 12/13/2001 09 00
QTR 3: 13542.74 3 00 00
QTR 4: 14939.73 3 00 00
TOTAL: 56636.16 0 00 00
PAY RATE: 3600.00 UNIT: 6 LAST EMPLOYER: N TYPE: 00
INITIAL POTENTIAL CHARGE: 10140.00
CURRENT POTENTIAL CHARGE: 10140.00
FOR MORE THAN 1 EMPLOYER DEPRESS PF2
TRANSACTION OPTION:
Acceptable Documentation of Layoff for DW - 04 Screen Sample 2 ***Must be documented using
the Document Inspection form. DO NOT print this out from cubs.
Consortium WIA Handbook Page IV-22 April 2009
A 04 screen from CUBS that shows 09 in only the Claimant Separation column (CLMNT SEP) will be accepted only if the
Employer Fact Finding period has expired. This may be used as documentation of layoff in situations where a layoff letter is
not available.
03/01/2005 - BASE PERIOD EMPLOYERS - 04
SSN: 123 45 6789 0 NAME: Duck, Donald BYE: 12/14/2002
NO. OF EMPLOYERS: 01
EMPLOYER NO: 01 ACCOUNT: 001234.00-8 NAME: Disney Land Inc.
REIMBURSIBLE: N SEASONAL: N START: END:
EMPLOYER FACT FINDING -- DUE DATE: 12/31/2001 RECEIPT DATE: / / 2ND: N
CLAIMANT FACT FINDING -- DUE DATE: 12/13/2001 RECEIPT DATE: 12/13/2001 2ND: N
WAGE START END CLMNT EMPL
WAGES SOURCE DATE DATE SEP SEP
QTR 1: 13335.20 3 05/28/1974 12/13/2001 00 00
QTR 2: 14818.49 3 05/28/1974 12/13/2001 09 00
QTR 3: 13542.74 3 00 00
QTR 4: 14939.73 3 00 00
TOTAL: 56636.16 0 00 00
PAY RATE: 3600.00 UNIT: 6 LAST EMPLOYER: N TYPE: 00
INITIAL POTENTIAL CHARGE: 10140.00
CURRENT POTENTIAL CHARGE: 10140.00
FOR MORE THAN 1 EMPLOYER DEPRESS PF2
TRANSACTION OPTION:
In cases where the coding in the Claimant and Employer Separation columns are different, the 04 screen cannot be utilized
as there is disagreement between the employer and claimant regarding the separation reasons.
The 09 code indicates separation reason is due to lack of work. Any other code will not be acceptable as reasons for
separation. A code 20 indicates that there was a discharge; however the reason for discharge is undefined. Therefore a 04
screen with a 20 cannot be accepted as layoff documentation.
Consortium WIA Handbook Page IV-23 April 2009
7. WIA Definitions
A. GENERAL DEFINITIONS
APPLICANT (AN INDIVIDUAL) – An individual who applies to a WIA Grant recipient or
sub-recipient for employment, training and/or services provided under WIA (the application
shall be entered into JobLink for the individual to be considered an “applicant”. The
eligibility determined date shall be the date in which all documentation is present in the file
and eligibility has been determined. An applicant found to be eligible for the program
remains an applicant until the provisions for “participant” have been met. An applicant will
remain in applicant status if they are found to be ineligible through the eligibility
determination process. If the applicant becomes a participant, this information becomes
part of the Participant record and subject to Federal record retention requirements.
APPLICATION PERIOD - The period of time that the individual begins the application
process to the WIA program and completes the application, appropriate documentation is
present and eligibility to the program has been determined.
APPLICATION DATE - The date that the participant begins the application intake process
for the WIA program. This date is entered on the application screen in Job Link. This is the
date that marks the beginning of the income calculation back six months prior for affected
WIA program eligibility. This date may or may not be the same date of the AP appointment
required in Chapter VI, depending on the sub-regional process.
BASIC SKILLS DEFICIENT – (For use as one of the categories of youth not meeting the
income eligibility test who may be served under the 5% category.) An individual who has
English reading, writing or computing skills at or below the 8th grade level on a generally
accepted standardized test or a comparable score on a criterion-referenced test, or who is
unable to compute or solve problems, read, write, or speak English at a level necessary to
function on the job, in the individual’s family, or in society is considered basic skills
deficient.
BEHIND GRADE LEVEL – Individuals with educational attainment that is 1 or more grade
level below the grade level appropriate to the age of the individual.
CITIZENSHIP – Designation of an applicant as a citizen of the United States or a lawfully
admitted permanent resident alien, lawfully admitted refugee or parolee, and other
individuals authorized by the Attorney General to work in the United States. If the applicant
indicates that he/she is not a citizen or an “eligible non-citizen,” the applicant is ineligible for
WIA. (Form 12A – Immigration Affidavit (see Chapter 14) shall be included in every
application for applicants 18 years or older effective 1/1/2007).
COMMON LAW MARRIAGE – In order to establish a valid common law marriage, it is
necessary to show: (1) that the parties entered into an express or implied agreement to
become husband and wife; (2) that such an agreement was followed by cohabitation as
man and wife; (3) that they held each other out publicly as husband and wife.
CONCURRENT ENROLLMENT – Youth may participate in both the youth and adult or
dislocated worker programs concurrently if they are: 1) Eligible youth who are 18 through
Consortium WIA Handbook Page IV-24 April 2009
21 years of age; and 2) are also eligible under the adult or dislocated worker eligibility
criteria applicable to the services received. Local program operators shall identify and track
the funding streams that pay the costs of services provided under each program and
ensure that services are not duplicated.
DEFICIENT IN BASIC LITERACY SKILLS – (For use in determining basic youth eligibility.)
An individual who: 1) computes or solves problems, reads, writes, or speaks English at or
below the eighth grade level on a generally accepted standardized test or a comparable
score on a criterion-referenced test; or 2) is unable to compute or solve problems, read,
write, or speak English at a level necessary to function on the job, in the individual’s family,
or in society.
ELIGIBILITY DETERMINED ON DATE - The date that the application is complete in Job
Link, all documentation is present to verify eligibility, and eligibility has been determined.
This should be the date that the CPR is printed and signed. This date shall be no more
than 30 days after the Application date.
FAMILY – Two or more persons related by blood, marriage, or decree of court, who are
living in a single residence, and are included in one or more of the following categories:
A. A husband, wife, and dependent children.
B. A parent or guardian and dependent children.
C. A husband and wife.
DEPENDENT CHILD – A child, related by blood, marriage, or decree of court, living in a
single residence with his/her parent(s) or guardian.
GUARDIAN – An individual related by blood, marriage, or decree of court, living in a single
residence, where the parents are not present in the residence.
LIVING IN A SINGLE RESIDENCE
A. Temporary, voluntary residence elsewhere – an individual is included in a single
residence if they are temporarily and voluntarily living outside of the residence. This
may include individuals attending school or college, or visiting relatives. It does not
include involuntary temporary residence elsewhere (i.e. incarceration or placement
as a result of a court order).
NOTE: If a college student is not claimed as a dependent on anyone else’s tax
return, they are NOT a dependent child.
B. Temporary, involuntary residence elsewhere – an individual is NOT included in a
single residence if they are temporarily and involuntarily living outside of the
residence. This may include individuals who are incarcerated or placed as a result
of a court order.
NOTE: A person not meeting the definition of family is considered to be an
individual (family of one). Individuals ordinarily included in the definition of
family, but no longer claiming to be dependent shall complete an applicant
Consortium WIA Handbook Page IV-25 April 2009
statement attesting to individual status. Such statements should be
corroborated by the head of household in which the individual resides. (S)He
shall also show source of his/her support. The individual shall provide over
50% of his/her support to be considered a family of one. Income tax records
are also a good source of documentation to support that the youth is not
claimed by the parents. Youth aged 18 years and more, see “Individual”
definition.
FAMILY INCOME – Family income includes total 6 months cash receipts before taxes (i.e.
Gross wages) from all sources as defined in “Family” above, except:
If the applicant reports little or no includable income, s/he shall indicate other resources
relied upon for life support during the last six months on the Applicant Statement. Such
resources may include such things as unpaid debts, gifts, loans, unemployment
compensation, etc.
In addition, when a Federal statute specifically provides that income or payments received
under such statute shall be excluded in determining eligibility for and the level of benefits
received under any other federal statute, such income or payments shall be excluded in
WIA eligibility determinations.
FOSTER CHILD – A youth 14-18 years of age on whose behalf state or local government
payments (excluding OASI) are made. This may include youth who have been made a
ward of the state by a court, including those in the following categories:
- Youth in State institutions
- Youth in Community Group Homes
- Youth in Foster Homes
HOMELESS PERSON – An individual who lacks a fixed, regular, and adequate nighttime
residence and who has a primary nighttime residence that is (A) a supervised publicly or
privately operated shelter designed to provide temporary living accommodation (including
welfare hotels, congregate shelters, and transitional housing for the mentally ill); (B) an
institution that provides a temporary residence for individuals intended to be institu-
tionalized; or (C) a public or private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings.
EXCLUSION – For purposes of the Act, the term “homeless” or “homeless
individual” does not include any individual imprisoned or otherwise detained
pursuant to an Act of Congress or a State law.
A homeless individual who meets the above criteria is presumed to be
economically disadvantaged for purposes of eligibility under the WIA unless
demonstrated otherwise. ***Refer to the Steward B. McKinney Assistance Act
(PL100-77).
INCOME (Includable) [Resource: US Census Bureau]:
Money wages and salaries (gross wages) before any deductions;
Consortium WIA Handbook Page IV-26 April 2009
Net receipts from non-farm self-employment (receipts from a person’s own
unincorporated business, professional enterprise, or partnership after
deductions for business expense);
Net receipts from farm self-employment (receipts from a farm which one
operates as an owner, renter, or sharecropper, after deductions for farm
operating expenses);
Regular payments from Social Security, including SSDI (Social Security
Disability Insurance - this is a change from the 50% inclusion under JTPA),
railroad retirement, strike benefits from union funds, worker’s compensation,
and training stipends;
Alimony;
Military family allotments (including Hazardous Duty Incentive Pay) or other
regular support from an absent family member or someone not living in the
household;
Pensions (retirements) whether private, government employee (including
military retirement pay);
Regular insurance or annuity payments;
College or university grants, fellowships and assistantships;
Dividends, interest, net rental income, net royalties, periodic receipts from
estates or trusts;
Net gambling or lottery winnings.
INCOME (Excludable) [Resource: US Census Bureau]:
Unemployment compensation;
Child support payments, including foster care child payments;
Welfare payments (including Temporary Assistance for Needy Families
(TANF), Supplemental Security Income (SSI), Refugee Cash Assistance
(RCA). (Note: General Assistance (GA) became obsolete with welfare
reform, therefore is not an eligible category);
Financial assistance under Title IV of the Higher Education Act, i.e., Pell Grants,
Federal Supplemental Education Opportunity Grants and Federal Work Study.
PLUS, Stafford and Perkins loans like any other kind of loan are debt and not
income;
Needs-based scholarship assistance; state & private grant aid;
income earned while the veteran was on active military duty and certain other
veteran’s benefits, i.e., compensation for service-connected disability, compensation
for service-connected death, vocational rehabilitation, and education assistance;
Capital gains;
Any assets drawn down as withdrawals from a bank, the sale of property, a
house or a car;
Tax refunds, gifts, loans, lump-sum inheritances, one-time insurance
payments, or compensation for injury;
Non-cash benefits such as employer paid fringe benefits, food or housing
received in lieu of wages, Medicare, Medicaid, USDA Food Stamps, school
meals, and housing assistance;
ALL WIA payments, excluding OJT.
IN-SCHOOL YOUTH – Means a person age 14 through 21 who is attending school full time
and who has not yet received a high school diploma or is attending Alternative School.
Consortium WIA Handbook Page IV-27 April 2009
INDIVIDUAL – (Family of one) – A person not meeting the definition of family is considered
to be an individual. Youth aged 18 years and older living with parents or other family
member(s) shall document individual status by completing the Applicant Statement form
verifying that status.
INDIVIDUAL WITH DISABILITY – (For use as one of the barriers of youth not meeting the
income eligibility test who may be served under the 5% category.) Any individual who has
a physical or mental disability, which for such individual, constitutes or results in a substan-
tial handicap to employment. Suggested definition for substantial disability to employment
– a loss of occupational choice of a class or group of jobs due to the disability, i.e.,
significant diminishment of occupational choices.
An Individual with a Disability may be eligible based on the family of one income guideline.
Job Link data entry shall still include the accurate dollar amounts for individual 6 month and
(estimated) family 6 month as well as the accurate number of family members. Do not
leave the family 6 month income field blank and do not enter 01 for number in family unless
the Individual with a Disability meets the criteria of an “Individual” as shown above. Job Link
will use the fields necessary to figure the individual income for the Individual with a
Disability.
INFORMATIONAL ACTIVITIES – Self-service and staff-assisted core services that inform
and educate a participant about the labor market and to enable a participant to identify his
or her individual employment strengths, weaknesses, and the range of services appropriate
for the individual are considered informational activities. This includes providing readily
available information that does not require an assessment by the staff member of the
participant’s skills, education, or career objectives, or providing the participant with
information and instructions on how to access the variety of other services available in the
Workforce Center, including the tools in the resource room. Delivery of core services that
require significant staff involvement requires registration into the WIA program.
JOB CORPS – Individuals who are enrolled in the Job Corps program. NOTE: to avoid
conflict, Job Corps participants may only be served with full knowledge and cooperation of
the Job Corps contractor.
LIMITED ENGLISH LANGUAGE PROFICIENCY – The inability of an individual whose
native language is not English, to communicate in English, resulting in a barrier to
employment.
LOW INCOME (Shall be used to calculate eligibility for WIA youth programs and AD
programs where Priority of Service is in affect. The income table should be used for
calculating the income levels based on family size for the AD program only. Definition B
shall be used when calculating income for all youth program applicants who do not fall into
any of the other options.)
- An individual who:
A. Receives, or is a member of a family which receives, cash welfare payments
issued directly to the recipient under a Federal, State, or local income-based
public assistance program (see definition of Public Assistance/Cash Welfare
Consortium WIA Handbook Page IV-28 April 2009
payment). Note: Social Security Disability Insurance (SSDI) is not considered
cash welfare and does not make a person automatically eligible for WIA; or
B. Has, or is a member of a family which has received a total family income for
the six-month period prior to application for the program involved (exclusive of
unemployment compensation, child support payments, payments described in
A, and old-age and survivors insurance benefits received under section 202
of the Social Security Act) that, in relation to family size, was not in excess of
the higher of (1) the official poverty guidelines (OMB), or (2) 70 percent of the
lower living standard income level (LLSIL) (see the income chart below); or
C. Is receiving or is a member of a household that receives (or has been
determined within the 6-month period prior to the application for the program
involved to be eligible to receive) food stamps pursuant to the Food Stamp
Act of 1977 (excludes individuals not living in the residence); or
D. Qualifies as a homeless individual under the McKinney Homeless Assistance
Act; or
E. Is a foster child on whose behalf State or local government payments are
made; or
F. Is an individual with a disability whose own income meets the requirements of
an A or B, but who is a member of a family whose income does not meet
such requirements.
LOWER LIVING STANDARD INCOME LEVEL - the income level (adjusted for regional,
metropolitan, urban, and rural differences and family size) determined annually by the
Secretary of Labor based on the most recent lower living family budget issued by the
Secretary.
Income levels for families of two or more are revised for the lower living standard income
level from the U.S. Department of Labor Federal Register issued March 26, 2009 and is
effective as of the said date. The income guideline for families of one is from the Poverty
Income Guidelines issued January 23, 2009 and effective as of the said date.
Income Table
Family Size Six-Month Income Monthly Income
1 $5415.00 $902.50
2 7,254.50 1,209.08
3 9,960.50 1,660.08
4 12,294.00 2,049.00
5 14,509.50 2,418.25
6 16,969.00 2,828.25
For each family member over 6, increase increments by $2,460.00 for six-month income
and $410.00 for monthly income. Six-month family income is used to determine economic
eligibility for WIA youth programs. Monthly income is used to determine eligibility for Needs
Related Payments.
Consortium WIA Handbook Page IV-29 April 2009
NEEDS ASSISTANCE – An individual (including a youth with a disability) who requires
additional assistance to complete an educational program or to secure and hold
employment.
OFFENDER – Any adult or juvenile who is or has been subject to any stage of the criminal
justice process for whom services may be beneficial or who requires assistance in
overcoming artificial barriers to employment resulting from a record of arrest or conviction.
OLDER WORKER – A person who is 55 years or older.
OUT-OF-SCHOOL YOUTH – An eligible youth who is a school dropout; or who has either
graduated from high school or holds a GED, but is basic skills deficient, unemployed or
underemployed. For reporting purposes, this term includes all youth except: (i) those who
are attending any school and have not received a secondary school diploma or its
recognized equivalent, or (ii) those who are attending post-secondary school and are not
basic skill deficient. NOTE: An individual who is out of school at the time of registration and
subsequently placed in an alternative school may be considered an out-of-school youth for
the 30% expenditure requirement for out-of-school youth.
PARTICIPANT – An individual who has been determined to be eligible to participate in and
who is receiving services (except follow-up services) under a program authorized by this
Act. Participation shall be deemed to commence on the first day following eligibility
determination, on which the participant began receiving subsidized employment, training, or
other services provided under this Act in either a physical location (One Stop Center or
affiliate site) or remotely through electronic technologies. Customers receiving self-service
or informational activities are not considered to be participants in the WIA programs.
PREGNANT OR PARENTING YOUTH – A youth who is 21 years of age or less at the time
of application and who is pregnant, or a male or female who is providing custodial care for
one or more dependents under age 18.
POST SECONDARY EDUCATION – A program at an accredited degree-granting
institution that leads to an academic degree (e.g., AA, AS, BA, BS).
PUBLIC ASSISTANCE/CASH WELFARE PAYMENTS – Federal, State or local
government cash welfare payments issued directly to the recipient for whom
eligibility is determined by a needs or income test (i.e. TANF, Refugee Cash
Assistance, and Supplemental Security Income). Note: Supplemental Security
Disability Income (SSDI) is not considered cash welfare and does not make a
person automatically eligible for WIA.
REGISTRATION DATE - The date the participant is registered into the appropriate WIA
program. This date is after the Application date and Eligibility Determined on date and shall
be no more than 45 days after the Eligibility Determined On date. (This date may be the
same as the date determined eligible.)
RUN-AWAY YOUTH – A person under 18 years of age who absents himself or herself
from home or place of legal residence without the permission of parents or legal guardian.
Consortium WIA Handbook Page IV-30 April 2009
SCHOOL DROPOUT – An individual who is no longer attending any school and who has
not received a secondary school diploma or its recognized equivalent. A youth’s dropout
status is determined at the time of registration.
SELF-SERVICE ACTIVITIES – Participants serve themselves in accessing workforce
investment system information and activities in either a physical location, such as a
Workforce Center resource room or partner agency, or remotely via electronic technology.
SELF-SUFFICIENCY – means employment that pays at least the lower living standard
income level. Local Boards may set additional criteria for determining whether employment
leads to self-sufficiency.
SELECTIVE SERVICE – Only those males who are subject to, and have complied with, the
registration requirements of Military Selective Service Act (MSSA) are eligible for
participation in WIA funded programs and services. Every male citizen and every other
male residing in the United States shall register with the Selective Service System (SSS)
between their 18th and 26th birth dates. The Director of the SSS and the Secretary of Labor
are required to cooperate in carrying out these provisions. In 1986 the MSSA was
amended to require the registration status to be examined and confirmed as follows.
A person may not be denied a right, privilege or benefit under Federal law by reason of
failure to present himself for and submit to registration under section 3 [50 U.S.C/ App. 453]
if;
A. the requirement for the person to so register has terminated or become inapplicable
to the person; and
B. the person shows by a preponderance of the evidence that the failure of the person
to register was not a knowing and willful failure to register.
Documentation required for persons eligible to register but neglected to register and is now
over 26 years old:
Incarcerated, hospitalized, or institutionalized – A copy of a statement from the
Department of Corrections, or other institution, indicating the duration of the stay can
be used to demonstrate that the individual was not available to register with
Selective Service during his period of Selective Service eligibility.
Veteran – A copy of a DD214 showing other than a dishonorable discharge can be
used in lieu of a Selective Service registration. In addition, the veteran can provide a
Selective Service waiver document (obtainable by the Selective Service System).
Homeless – A letter from a homeless shelter or a statement signed by the applicant
can be utilized to attest to the applicant’s inability to register for Selective Service
while he was still eligible.
Non-citizen – An alien registration card or other immigration document showing the
date of entry into the United States, and demonstrating that this date was beyond
the date of his 26th birthday.
The Conference Report to the amendment clarified “that a non-registrant is not to be
denied any Federal benefit if he can demonstrate that his failure to register was not
knowing or willful.” This provision was added “in order not to penalize an individual with an
Consortium WIA Handbook Page IV-31 April 2009
obvious disqualifying handicap, such as total paralysis of the limbs, or an individual who
has been honorably discharged from the armed services.”
SIGNIFICANT STAFF INVOLVEMENT – Any assistance provided by staff beyond the
informational activities regardless of the length of time involved in providing such
assistance. Significant staff involvement includes a staff member’s assessment of a
participant’s skills, education, or career objectives in order to achieve any of the following:
Assist participants in deciding on appropriate next steps in the search for employment,
training, and related services, including job referral;
Assist participants in assessing their personal barriers to employment; or
Assist participants in accessing other related services necessary to enhance their
employability an individual employment related needs.
SOCIAL SECURITY – SEE http://www.kidsource.com/nfpa/social.html and
www.ssa.gov/pubs/11000.html.
SSDI (DISABILITY INSURANCE) – a federal cash benefit that may be available if a
person is disabled.
SSI (SUPPLEMENTAL SECURITY INCOME) – monthly payments to people who
have low income and few resources and are: Age 65 or older; blind; disabled and in
some cases their dependants.
SUBSTANCE ABUSE – The applicant has a substance abuse problem that constitutes a
barrier to employment. Substance abuse means the abuse of alcohol or other drugs.
UNDEREMPLOYED – May include persons who are working part time, and those earning
less than in their previous employment. Underemployed may also include those who are
earning less than the prevailing wage in their local labor market.
VETERAN – A person who served in the active military, naval, or air service, (of the U.S.)
and who was discharged or released from service under conditions other than
dishonorable. The term “active” means full-time duty in the Armed Forces, other than duty
for training in the reserves or National Guard. Any period of training in the reserves or
National Guard, including authorized travel, during which an individual was disabled for a
disease or injury incurred or aggravated in the line of duty is considered “active” duty.
Recently Separated Veteran – any veteran who applies for participation within 48
months after the discharge or release from active military, naval, or air service.
Other Eligible Individual – Spouse of any of the following individuals;
a. A veteran who died of a service-connected disability
b. Any member of the armed forces listed as missing for more than 90 days;
c. Any member of the armed forces forcibly detained by a foreign government or
power
for more than 90 days; or,
d. Any veteran who died while a disability so evaluated was in existence. Reference:
PGL 04-17-V.
Consortium WIA Handbook Page IV-32 April 2009
B. DISLOCATED WORKER PROGRAM DEFINITIONS
DISPLACED HOMEMAKER - An individual who has been providing unpaid services to
family members in the home and who has been dependent on the income of another family
member but is no longer supported by that income (alimony is not considered replacement
for lost income); and is unemployed or underemployed and is experiencing difficulty in
obtaining or upgrading employment.
EARLY/FORCED RETIREMENT - Individuals who accept early or forced retirement as
part of a reduction in a work force may be considered to have been terminated or laid off, or
received notice of termination or lay off as appropriate.
ELIGIBLE FOR UNEMPLOYMENT INSURANCE (UI) COMPENSATION - any individual
who:
a. Is eligible for or has exhausted entitlement to unemployment compensation;
or
b. Has been employed for a duration sufficient to demonstrate, to the
appropriate entity at a one-stop center, attachment to the workforce (has a
history of working), but is not eligible for unemployment compensation due to
insufficient earnings or having performed services for an employer that were
not covered under a State unemployment compensation law (mainly use for
employees of the agricultural industry).
NOTE: Individual does not need to be receiving or eligible to receive unem-
ployment insurance to be considered "UI eligible". For the purpose of deter-
mining Dislocated Worker eligibility, "UI eligible" means that the employer was
paying unemployment taxes on the wages of the applicant.
EXHAUSTED ENTITLEMENT TO UI COMPENSATION - has received all of the unemploy-
ment compensation benefits for which an individual has been determined eligible, after
having actually received monetary benefits following dislocation.
FARM/RANCH WORKER (applies to self-employed category) - a person who is self-
employed or employed by another, on a farm or ranch which produces agricultural products
with annual sales of $1,000 or more, and who receives at least 50% of their family or
individual income from agricultural production.
GENERAL ECONOMIC CONDITIONS - conditions that cause an individual to lose a
business include, but are not limited to:
- Failure of one or more businesses to which the self-employed individual supplied a
substantial proportion of products or services; or
- Failure of one or more businesses from which the self-employed individual obtained
a substantial proportion of products or services; or
- Substantial layoffs, or permanent closure(s) of one or more plants or facilities that
support a significant portion of the State or local economy; or
- Depressed price(s) or market(s) for the article(s) produced by the self-employed
individual.
Consortium WIA Handbook Page IV-33 April 2009
JOB OF DISLOCATION - The economic dislocation of an individual as described in the
WIA dislocated worker program implies the existence of a job of dislocation. The job of
dislocation is the job that qualifies the individual under one of the eligibility categories.
Under the categories for Plant Closing/Substantial Layoff and Layoff/UI/Unlikely to Return,
the job of dislocation is the job from which the applicant has been laid off. The general
guideline for classifying the job of dislocation is the loss of the job within five (5) years of
the application date for the Dislocated Worker program provided the interim jobs are
considered to be Stop-gap. For a self-employed individual, evidence that the business has
been lost verifies a job of dislocation.
NATURAL DISASTERS (applies to self-employed category) - Natural disasters that cause
the unemployment of a self-employed individual include: hurricane, tornado, storm, flood,
high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide,
mudslide, avalanche, drought, fire, explosion, snow storm or other catastrophe.
PLANT CLOSING - The permanent shutdown of a plant, business or facility.
PREVIOUS OCCUPATION/INDUSTRY - For the purposes of WIA dislocated worker
program eligibility, previous occupation or industry relates directly to the job of dislocation,
not the most recent job if it is considered stopgap employment.
PUBLIC ANNOUNCEMENT – the process by which a plant, facility, or enterprise makes
the general public aware of its permanent closure. The announcement shall include a
projected closure date and be verifiable.
PRIMARY OCCUPATION - Occupation in which individual has had most experience;
and/or most training; and/or which the individual prefers; and/or one in which individual has
remained for an extended period without seeking more appropriate employment (new
primary occupation). (See Stop-Gap Employed)
SELF-EMPLOYED - Any professional, independent trades person, or other business
person who works for him/herself. Such a person may or may not be incorporated or in a
limited partnership. A family member who provides professional services in the affected
business of at least 15 hours per week and receives a salary or wage from the self-
employed individual may also be considered to be a self-employed individual. Self-
employed may also include employment as a farmer, rancher or fisherman.
STOP – GAP EMPLOYED - The WIA dislocated worker program regulations specify that
an eligible dislocated worker remains eligible if, either prior to or during participation in a
training program he/she accepts temporary employment for the purpose of income
maintenance and with the intention of ending the temporary employment and entering
permanent employment at the completion of training. The concept of "stop-gap"
employment is intended to help define and clarify this type of temporary employment, and
to help prevent arbitrary decisions of eligibility/ineligibility.
First, stopgap employment may be applied to all dislocated workers, whatever their
category of eligibility, whether plant closure/ substantial layoff, individual layoff, or other.
Consortium WIA Handbook Page IV-34 April 2009
Second, it is clear that dislocated workers may accept stop-gap employment for a
variety of reasons other than the maintenance of income during training; for example,
many do not know at that point that training is available. However, when learning that
training is available, the applicant for WIA dislocated worker retraining may then
consider his/her employment temporary. In such cases, it is best to use the "rules of
thumb" to determine if employment can be considered "stop-gap" when such an
individual applies for the WIA dislocated worker retraining: does it pay less than 80% of
the earnings at dislocation, and/or does it require a far lesser skill level than the job of
dislocation or is it out of the "primary" occupation, and/or does it offer less than 80% of
the weekly hours of the job of dislocation (e.g. less than 32 hours compared to a
previous 40 hours per week)?
Third, the employment should not constitute a new primary occupation for the dislocated
worker. Some guidelines that may be helpful in determining this are: 1) Is there a
demand in the area for the individual's previous occupation (making it likely that he/she
would have returned to it if not interested in starting a new primary occupation)?; 2)Has
the individual made verifiable efforts to seek more permanent and appropriate
employment?; 3) Does the individual need retraining in order to gain appropriate
employment that is comparable to the job of dislocation in terms of skill level and
earnings?; and, 4) How long has the individual held the stop-gap employment
(suggesting that a year or more in an occupation that is comparable in hours, skill, and
pay to the job of dislocation is probably a new primary occupation, particularly if the
individual has conducted no serious job search)? (See definition of Primary
Occupation)
SUBSTANTIAL LAYOFF - A substantial layoff is defined as any reduction-in-force which
is not the result of a plant closing and which results in an employment loss at a single site
of employment for at least 25 percent of the employees (excluding employees regularly
working less than 20 hours per week).
TEMPORARY EMPLOYEES - An applicant cannot be automatically disqualified for WIA
dislocated worker program enrollment because the job of dislocation was not considered a
permanent position. An employee under a temporary contract, or placed by a temporary
employment agency with an employer may be made eligible under the same category as
regular employees of the company (substantial layoff, plant closing). If the dislocation was
not caused by a closing or substantial layoff, the applicant shall be shown to be unlikely to
return (UI or the temporary agency can confirm). However, temporary employees who are
unemployed because the project or undertaking for which they were hired has been
completed are considered dislocated only after the employee has contacted the temporary
agency, and the agency has failed to find suitable work for them. Temporary employees
directly under contract with the company are considered eligible as are regular employees
if their dislocation was caused by a layoff or closing. Contracted Employees - Employees
working within a set contract (not through a temporary agency) that ends on schedule, are
not eligible for the WIA Dislocated Worker program. If the job ends prior to the set contract
end date and the applicant is not at fault for the separation, they are considered to have a
job of dislocation.
Consortium WIA Handbook Page IV-35 April 2009
UNLIKELY TO RETURN TO PREVIOUS INDUSTRY OR OCCUPATION -
- Skill Oversupply - state or local supply of persons with the specific skills of the appli-
cant exceeds current demand for those skills; or
- Obsolete Skills - Applicants can no longer meet the minimum requirements of jobs
available in their occupation (e.g., clerical worker without word processing skills,
etc.); or
- Only Stop-Gap Available - Jobs available to applicant would be temporary or sub-
stantially below applicant's accustomed skill, hour, or wage level (see stop-gap); or
- Local Layoff Impact - A local plant or business closing or layoff has had a significant
negative impact on the availability of jobs in the applicant's primary occupation and
accustomed wage/hour/skill level; or
- No Job Offers Received - Applicant has been available and looking for work for a
number of weeks and has not received an offer for work; "number of weeks" might
range from 6 to 12 weeks, depending upon the occupation, economy, and/or
applicant's verified job search efforts; or
- Physical Limitations or Disabilities - Newly acquired physical limitations or injuries
occurring which limit the individual’s ability to perform the job from which they were
dislocated may make an individual unlikely to return to the previous occupation.
Such individuals are eligible if they fit one of the categories of the WIA dislocated
worker program eligibility, but shall have a doctor's release to work; or
- Other Factors - Factors that can be recorded in the client's file from written or verbal
sources, including staff judgment, indicating “unlikely of returning to the previous
industry or occupation.”
Consortium WIA Handbook Page IV-36 April 2009
8. DISLOCATED WORKER TECHNICAL ASSISTANCE GUIDE
The purpose of this technical assistance guide is to suggest a process for determining dislocated
worker eligibility and to offer clarification on the appropriate documentation for eligibility
categories.
A. SUGGESTED STEPS TO DETERMINE ELIGIBILITY
Have the applicant complete a work history. The job that qualifies as the job of
dislocation shall be identified and very often is not the most recent job. The work history
shall contain at least the following information: employer, dates of employment, job title,
wage and hours, description of duties and reason for leaving. This information is relevant
to the identification of the job of dislocation.
Identify the job of dislocation. The job from the work history that qualifies the applicant
under one of the eligibility categories shall be identified. Only one job may be selected. If
more than one job qualifies as a job of dislocation, the most appropriate one should be
selected. This job shall be marked on the work history or the eligibility checklist as a
reminder that the documentation of eligibility shall be for this job.
Select the category of eligibility. The one eligibility category that best describes how and
why the job of dislocation ended shall be selected. This category should be obvious from
the reason for leaving on the work history. Only one category of eligibility may be selected.
Document the job and category of eligibility. In order to document in the client file that
an applicant is a dislocated worker, it shall be shown that the person actually held the job of
dislocation, and that this job ended in a manner that fits into one of the eligibility categories.
B. DOCUMENTATION OF ELIGIBILITY
As described above, both the job of dislocation and the eligibility category shall be
documented. The ideal documentation of dislocated worker status is a notice of layoff or
termination, as this covers both requirements. However, a notice of layoff is not always
received.
If the client cannot obtain a notice of layoff, the UI notice of award will serve as notice of
layoff ONLY if the Notice of Decision specifically states that the claimant has been laid off
or lost his/her job through no fault of his/her own. If it does not clearly state the above, it
cannot be used as documentation for layoff. (A signed and completed Telephone
Verification/Document Inspection form indicating what the 04 screen from the CUBS
system displays can document layoff if the Claimant Separation and Employee Separation
columns both show the 09 code for layoff.) If ALL options for documenting layoff have
been exhausted, a self attestation with a signed and completed Telephone
Verification/Document Inspection form indicating what CUBS presents for UI wage records
will document layoff; Unlikely to return shall also be documented.
The client may have other documentation that would easily prove dislocation if the right
questions are asked. For example, a letter of recommendation sometimes states that a
person was a good employee and was let go only because of economic cutbacks. Also, a
Consortium WIA Handbook Page IV-37 April 2009
notice from UI that a claim has been approved against the employer proves both job and
layoff status. In some cases, a public notice of closure may have been issued.
For cases where documentation cannot or may not be copied, and/or is not readily
obtainable, a Telephone Verification/Documentation Inspection form has been developed
(see “Acceptable Documentation”). The Workforce Center, for example, can be called to
assist in determining that the client is unlikely to return due to conditions in the local job
market; LMI data, including occupational Supply & Demand outlook, produced by the
Colorado Department of Labor and Employment. This information would be recorded on
the Telephone Verification/Documentation Inspection form.
1. Layoff/UI/Unlikely to Return to Previous Industry or Occupation document all
three conditions. Layoff or termination notice; UI printout or wage data inquiry; and
Unlikely-to-Return documentation shall be addressed in this category either with
occupational outlook data, Workforce Center verification, or a description of the
conditions that exist preventing this client from returning to the job or occupation of
dislocation. (See "Unlikely to Return to Previous Industry or Occupation" on Page IV-
27). Note: If the individual has not received a notice of termination or layoff, but is
awarded UI and is unlikely to return, the UI notice will constitute a layoff or termination
notice ONLY if the Notice of Decision specifically states that the claimant has been laid
off or lost his/her job through no fault of their own. If it does not clearly state the above,
it cannot be used as documentation for layoff. (A signed and completed Telephone
Verification/Document Inspection form indicating what the 04 screen from the CUBS
system displays can document layoff if the Claimant Separation and Employee
Separation columns both show the 09 code for layoff.) If ALL options for documenting
layoff have been exhausted, a self attestation with a signed and completed Telephone
Verification/Document Inspection form indicating what CUBS presents for UI wage
records will document layoff (Reference: TAN 04-2). Trade Adjustment Act (TAA)
qualified recipients may be DW eligible in this category if all three conditions are met
(see section C below).
2. Plant Closure / Substantial Layoff. Document that the client worked at the facility and
was the victim of a closure or substantial layoff. If a notice of layoff or termination was
not received, use a paycheck stub, W-2, or UI record to document that the client worked
there and a newspaper article, public notice or personal knowledge that the facility shut
down. However, in the case of a substantial layoff, supporting documentation must
identify that the person worked for the company at the time of the layoff announcement
(EG. pay stub or layoff letter with the name of the individual); AND documentation that
the layoff met the substantial layoff definition (e.g. - Newspaper article, letter from
employer, or copy of the State Rapid Response Report that shows the number of
people employed and the number impacted by the layoff).
TAA qualified recipients may be eligible in either category if the above noted conditions
are met.
3. Public Announcement of Closure. Document that the client works at the facility were
a Public Announcement of Closure has been made. The following documents can be
used to verify public announcement of facility closure.
Consortium WIA Handbook Page IV-38 April 2009
Letterhead stationary or equivalent (e.g. company press release) which positively
identifies the announcement as being officially issued by the company or facility; and
Specific language indicating that the action will be a closure (not downsizing or
substantial layoff); and
The projected date on which the closure will occur, and an indication that all
employees will be terminated on or before that date.
Such document may be a news release, letter addressed to union officials, announcement
posted in the facility, or the equivalent. It cannot be a secondary document, such as a
news article reporting the closing announcement. A copy of the public announcement shall
be placed in each affected participant’s file.
4. Self-employed - Out of Business. Document that the client was in business, or meets
the definition of farmer/rancher, fisherman, etc. and that the client has lost the business
(or farm/ranch). This category may not be used for entrepreneurs in the process of
starting a business. Tax returns are often the best documentation for verifying both the
business and the lack of profit. Prepared financial statements and notices of default
from the bank may also be useful. Bankruptcy procedure papers and statements from
lending institutions may also serve as documentation.
Be careful to show that this business was or is the main source of income for this
individual. A person with a full-time job who is running a business on the side is not a
dislocated worker unless he becomes dislocated from the full-time job.
5. U. I. Profiled. Document that the applicant is UI profiled by placing in the participants
file a copy of Colorado U. I. Letterhead selecting them to attend orientation. Also
document Selective Service Registration, if applicable. The letter of eligibility expires
five (5) years from the date of issue provided interim jobs are considered to be stop-
gap.
6. Displaced Homemaker. Document or obtain an Applicant Statement indicating the
applicant was providing unpaid services to family members in the home, was dependent
on the income of another family member, and is no longer supported by that income.
Applicant shall also be shown in Job Link and on the Comprehensive Assessment to be
unemployed or underemployed and be experiencing difficulty obtaining or upgrading
employment.
C. TRADE ADJUSTMENT ACT (TAA) PARTICIPANTS
Trade Adjustment Act participants may be eligible for the Dislocated Worker (DW) program
and benefits, but TAA eligibility is not automatic DW eligibility. TAA participants meeting
DW eligibility requirements may be enrolled into one of the DW categories as defined in
WIA 101(9). The most likely categories for TAA participants wishing to enroll in the DW
program will be “Layoff / UI / Unlikely-to-Return” or “Plant Closure / Substantial Layoff”
categories. The “Entitlement Notice to TAA Claimant” may be used to document DW
eligibility in the PC / SL category if all required items are documented in the Notice.
The Entitlement Notice states the claimant’s name and address, SSN, job of dislocation,
TAA petition number, and the claimant’s eligibility status for Trade Readjustment Allowance
(TRA) benefits. If the claimant is TRA eligible, it is presumed the claimant is UI eligible and
Consortium WIA Handbook Page IV-39 April 2009
therefore has met that requirement for the Layoff / UI / Unlikely-to-Return category. Layoff
from the employer shall be confirmed with additional verification information if not clearly
noted on the Entitlement Notice. “Unlikely-to-return” shall be verified separately.
Consortium WIA Handbook Page IV-40 April 2009
9. U.I. PROFILING (VETS PREFERENCE SHALL BE MET AT ALL TIMES)
PURPOSE:
The UI Profiling Program is a coordinated effort between the Colorado Department of Labor
and Employment and the Dislocated Worker sub-state grantees designed to identify those
UI claimants whose probability of being a long-term dislocated worker is determined by a
series of factors that indicate difficulty in obtaining reemployment. The UI Profiling Program
is an excellent source for Service Providers to utilize for recruitment purposes, as those UI
claimants who are UI profiled are automatically eligible for the Dislocated Worker Program.
Claimants who are profiled and selected for services will initially be scheduled for a group
orientation session provided by the local Workforce Center staff where the full array of
available reemployment services is presented. For each claimant the need for and type of
reemployment service will be determined at the local level.
U.I. PROFILING PROCEDURES:
The following are UI Profiling procedures for identification, selection, referral, orientation
meetings, and reporting for those Service Providers choosing to operate a UI Profiling Pro-
gram:
1. IDENTIFICATION
A. All UI claimants will be subject to the first profiling stage.
B. In order to properly identify the target population (dislocated workers), certain
categories of claimants will be eliminated from the process. This will include
approximately 50% of the total claimant population. Excluded categories are: UI
claims shall not be more than four weeks old; claimants shall have received first
payment; interstate claims; claimants in WIA approved training; and union or
recall status are excluded.
C. A file will be created each week for those claimants who were not excluded. This
file will be active for a period of three weeks. Claimants who are not referred for
services will drop off the list after the third week.
D. This list will be made available on a weekly basis from CDLE. This list will be
stored by region and county and contain the claimant's name, address, social
security number, profile score and profile date. CDLE and Service Providers will
access this list through the Client System.
2. SELECTION
A. The profiling and selection process is automated. The profile model analyzes
key claimant characteristics and through a statistical equation assigns a profile
score. This score is derived from the following data elements: education level,
SIC codes identifying declining occupations. The score ranges from .1 to .9.
B. Service providers are permitted to select as many profiled individuals from the list
as they want. Please be sensitive to the distance claimants will have to travel to
attend the orientation.
Consortium WIA Handbook Page IV-41 April 2009
3. REFERRAL
A. Each week service providers will determine and select the total number of profiled
individuals within their service area and notify each one of the time, date and place
of the orientation meeting. To meet Veterans Preference requirements all veterans
in each score category shall be selected if anyone from that score category is
selected. Letters are to be sent to every Veteran identified within the score category
or an F10 note added to the Joblink record explaining the reasoning if no letter was
sent.
NOTE: *Notification will be done through a standardized letter. Examples are noted
at the end of this chapter in Spanish and English versions. Both versions may be
placed back-to-back on a single page. (This letter format is not to be altered and
is valid for five (5) years from the scheduled meeting date.) Copies of letters sent
shall be retained in a file if a claimant is unable to produce his copy for eligibility
documentation.
*Selection from the list shall start from the highest score and work to the lower
score.
B. The orientation meeting for selected profiled claimants will be jointly developed and
conducted, where appropriate, by local Workforce Center staff. All claimants are
eligible for both Wagner-Peyser and WIA Dislocated Worker services. Claimants
shall bring the notification letter and sign in at the orientation meetings. Orientations
shall be scheduled and conducted no later than two weeks after the date of the
notification letter. If a claimant cannot make an appointment, he/she may call you to
reschedule. However, his UI claim for that week may be withheld if he misses the
orientation. Local service providers do not have the authority to excuse claimants
from orientation.
C. Referred claimants will be reported as either attending or no-show. This will be
entered into the statewide Client System for compilation and reporting to UI.
Important: No-shows may have adjudication issues with their UI claim if they are not
excused for the orientation. UI will follow up with no-shows to determine why they
did not attend. It is important that accurate records of attendance are kept and are
input in a timely manner - by the end of the day of the scheduled orientation.
D. Occasions may arise where a referral may be inappropriate. These individuals may
be excused from the orientation meeting; however, this will be determined by UI.
Absences, even for good cause, will be excused only by the UI section. It is the
responsibility of the Service Provider to record attendance only. Examples of
inappropriate referrals may include claimants that have already received extensive
outplacement services from the employer, early intervention services including rapid
response services from CDLE or the appropriate subcontractor, obtained
employment, enrolled in approved training, would not benefit from intensive
reemployment services, move out of state, have multiple skills or qualifications that
make them highly employable, and are missing job/union attached code in the UI
system.
Consortium WIA Handbook Page IV-42 April 2009
4. ORIENTATION MEETING
A. Reemployment services will be provided in a coordinated manner, which allows the
program to function as system rather than as separate programs. The need and
type of services will be determined at the local level. The local Workforce Center
staff will assist the claimant with employment goals, job search strategy, retraining or
any combination of services, which enable the claimant to successfully enter
employment. All programs should be customer-focused, high quality, and
emphasize customer choice.
B. The local orientation meeting shall provide claimants with information on the full
array of employment and training services, including LMI information, available to
them through the local Workforce Center office. Claimants may select the services
they want, if any. This may include enrollment into either or both Wagner-Peyser,
Dislocated Worker services or no services. No activity is mandatory after
attendance at orientation. The profiling system recognizes the role of the customer
choice. Profiled claimants may select more intensive services and retraining or less
intensive services. Orientation sessions may be open to the public and other in-
terested parties may attend.
C. Orientation sessions should be thorough, professional and customer focused. The
agenda for each orientation should be developed with the Workforce Center staff.
Locations and schedules for orientation need to be developed. For reemployment
centers, profiling orientations can be accommodated during normal weekly ori-
entations.
5. CLIENT SYSTEM PROCEDURES
The Client System procedures shown below have not changed:
A. Requesting U.I. List.
B. Requesting U.I. Profiled Claimants.
C. Entering "Shows/No Shows."
6. REPORTING REQUIREMENTS
Data will be collected and reported through the Client System to CDLE for compilation
and reporting to UI. Data to be collected by the Service Provider include the number
referred/not referred for reemployment services; the number selected/not selected by
the Service Provider; the number attending the orientations; and the number exempted
from the orientations. Failure to report will be adjudicated by the UI branch of CDLE.
7. ENROLLMENT PROCEDURES FOR UI PROFILED CLIENTS
The applicant will already have a Wagner-Peyser pre-application in Job Link but the
Profiled status and a Service will need to be recorded in Job Link for ES as follows:
Consortium WIA Handbook Page IV-43 April 2009
After a workshop has been completed by applicants who have been UI profiled, there
are several ES procedures that shall be followed:
A. Go to the AP change screen and change the UI status field to “P”;
B. Add the JW and RW services to the applicant file.
If the decision is made not to enroll the applicant after he/she attends the UI
workshop, the case manager that took the application shall change the Agent ID
from WIA:XX (Region code) to the appropriate Agent ID for accurate tracking of
applicants.
If the decision is made to enroll the applicant into WIA for Dislocated Worker services:
A. Complete the AP and the WIA info in Job Link, print the CPR and have client sign
and date. When a client has been profiled they will show as an applicant in DW until
you update the information. Complete the AP and the WIA info in Job Link, enter the
eligibility determined on date upon receiving all of the eligibility documentation from
the customer, print the CPR and have the client sign and date it. When a client has
been profiled they will show as an applicant in DW until the information is updated.
The current Agent_ID will show as WIA:XX (region code). Staff may change the
Current Agent at first registration to their own Agent ID.
B. Eligibility documentation - the only hard copy eligibility documentation needed for
U.I. profiled participants is a copy of their Colorado U.I. Letterhead selecting them to
attend orientation. Citizenship and Selective Service registration are also required if
applicable. The letter expires after five (5) years from the date of the scheduled
meeting provided the interim jobs are considered to be stop-gap.
Consortium WIA Handbook Page IV-44 April 2009
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