Society of St. Vincent de Paul District Council of Attleboro

Practical Guidance for Vincentians: Rent, Evictions and Homelessness

Under Massachusetts COVID-19 Laws and Emergency Executive Orders

Last Revised: April 24, 2020

If you are not already assisting Neighbors in need with concerns about staying in their homes and paying their rent during these COVID-19 times, you may encounter this soon. This guidance is offered to help you and our Neighbors navigate this unprecedented set of circumstances. It is based on the Massachusetts new COVID-19 Eviction Moratorium legislation enacted into law Monday, April 20, 2020, and considered to be the most protective such law in the nation currently. Because of the Eviction Moratorium, the instances when a person or family is homeless and in need of temporary shelter should be rare for the duration of the State of Emergency Order. Nonetheless, it may occur, so at the very end of this Vincentian Advisory is a section offering guidance on finding temporary shelter in motels and hotels. The implications of the Governor’s and State Department of Public Health’s Orders and Guidance on housing “vulnerable populations” in motels and hotels during the State of Emergency are highlighted. Information for this Advisory was culled from various sources considered to be reliable. However, it is not legal advice and should be presented as a Vincentian Neighbor helping a Neighbor in need. An excellent resource for legal information is MassLegalHelp’s COVID-19 Web Portal.

Threat of Eviction – Three (3) Simple Things to Do Immediately to Assist a Neighbor in Need 1. First, if a Neighbor contacts you fearing eviction for virtually any reason, please assure them that under

Massachusetts law they almost certainly cannot be evicted until 45 days after the Governor’s State of (COVID-19) Emergency Order ends.1 There is no indication that Order will be lifted soon. This protection is provided by “Eviction Moratorium” legislation (House Bill 4647) signed into law by the Governor on April 20, 2020.2

2. Next, make the Neighbor aware that Rental payments are not being waived; they are only being deferred.

3. Encourage the Neighbor to provide the landlord immediately with a letter that the reason the rent will be paid

late is COVID-19 related. The letter should explain that "the nonpayment was due to a financial impact from COVID-19." A template letter from the State may soon be available for this purpose, but there is no reason to wait for it. Do it now.

1 Technically, the Moratorium ends either 45 days after the Emergency Order is lifted, or August 18, 2020, whichever comes first. However, under the law the Governor can also extend the Moratorium end date, so for practical purposes, the 45-day point after the Order ends (whenever that may be) is likely the realistic date for the Moratorium’s expiration. 2 Prior to the Eviction Moratorium law, evictions were essentially halted, but this was a function of the shutdown of the Housing and District Courts due to the Governor’s COVID-19 social distancing restrictions Executive Order.

Practical Guidance for Vincentians: Rent, Evictions and Homelessness

Under Massachusetts COVID-19 Laws and Emergency Executive Orders Page 2 of 3

Important Things to Know About the Eviction Moratorium During the Moratorium: Notices to Quit or Vacate of any kind with any duration cannot be issued.

Landlords cannot file any new eviction cases in court for any reason.

Courts cannot enter any judgments of any kind against a tenant.

Courts cannot issue orders to evict.

Landlords cannot give eviction notices to sheriffs to deliver.

Sheriffs, constables, and mover must not physically move you out of your home.

Landlords cannot charge late fees or give negative reports to credit reporting companies for a renter’s late payment during this period.

Eviction Exceptions

Exceptions exist but are very limited. Landlords may still go to court to remove tenants in an emergency. Emergencies include tenant criminal activity or lease violations that endanger the health and safety of others.

Planning for the Moratorium End – Rent Payments Will Come Due! As a Vincentian helping a Neighbor in need, you may wish to encourage planning to start now for accumulated rental payments which will come due 45 days after the State of Emergency Order ends. For example: If not immediately needed, all or a portion of the Economic Impact Payments received under the Federal

CARES Act might be set aside for rent.

Similarly, if the Neighbor qualifies for special Pandemic Unemployment Insurance payments (specifically the extra $600 a week in benefits, or $2,400 a month), some or all of that might be set aside for rent.

If the rental burden when the Moratorium ends is viewed as insurmountable even factoring in set-asides and other sources of non-governmental aid, the Neighbor should acquaint themselves with the Massachusetts Residential Assistance for Families in Transition (RAFT) Program, which, in theory, can provide up to $4,000 to families who are at risk of becoming homeless. It does not make sense to apply now to this Program because the risk of homelessness is not imminent. But this possibility should not be ignored and familiarity with the RAFT program should be gained now rather than at the critical moment when time is short and demand great. Neighbors should be cautioned that as promising as RAFT may sound as a potential solution, the need at Moratorium end (without a special infusion of governmental money) may well overwhelm the supply.

The Conference should consider how it might meet this pent-up need which will be released when the Moratorium ends.

NOTE: Advocates for housing for low income individuals and families are aware that a deep reservoir of need for rental assistance at the Moratorium ends is being rapidly created and are seeking legislative solutions.

Practical Guidance for Vincentians: Rent, Evictions and Homelessness

Under Massachusetts COVID-19 Laws and Emergency Executive Orders Page 3 of 3

Homelessness during the COVID-19 Pandemic Because of the Eviction Moratorium, the instances when a person or family is homeless and in need of temporary shelter should be rare for the duration of the State of Emergency Order. Should that occur, however, it may be exceedingly difficult to find a shelter because many are not accepting new persons into their facility for fear of spreading the COVID-19 virus and infecting residents and staff. Lodging the Neighbor in a hotel or motel may be the only resort. Fortunately, rooms are plentiful and likely inexpensive. If you find you must pursue that option for shelter, be aware that State guidance that restricts guests who can be accommodated at hotels and motels SPECIFICALLY ALLOWS lodging establishments to accept “vulnerable populations.” The State’s Guidance on Motels/Hotels/Places of Lodging issued by the Department of Public Health states in pertinent part:

“1. Limited Purposes and Uses for which Lodging is an Essential Service The provision of lodging shall be defined as a COVID-19 Essential Service for purposes of COVID-19 Order No. 13 only when offered and employed for the following uses: … c. Housing and accommodation for members of vulnerable populations, for instance when serving as emergency shelter for homeless individuals and families”

Further guidance is contained in a “Frequently Asked Questions” document posted by the State Department of Public Health that advises:

“How should lodging operators confirm that a guest falls within one of the allowable exceptions for occupying lodgings? … Lodging operators are required to accept a general self-certification by individuals or families that they

fall within one of the allowable exceptions without asking prospective guests to identify the specific exception that applies to their situation.”

What one does if the motel/hotel refuses is left unaddressed in the Guidance. The best option would be to make sure the hotel/motel operator is aware of these directives and guidance and, if that doesn’t sway them, report the facility to the State Department of Public Health.

Society of St. Vincent de Paul District Council of Attleboro Practical Ways to Help Neighbors in Need

With COVID-19 Economic Impact Payments Concerns Last Revised: April 24, 2020

The following is information Vincentians may wish to provide to Neighbors in need about the Economic Impact Payment (EIP, also sometimes known as stimulus payments) under the CARES Act (Coronavirus Aid, Relief, and Economic Security Act). It is culled from various sources, including Web pages from the U.S. Department of Treasury, Internal Revenue Service. It should be considered general, informed advice and guidance for situations typically encountered by Vincentians serving Neighbors in Need. It should not be presented as legal advice, but as a Vincentian Neighbor trying to help a Neighbor. There are three main sections: A. Four Scenarios Commonly Encountered

1. Neighbor on SSI or SSDI 2. Neighbor who may or may not be on a benefit program like DTA Cash Assistance/TANF, SNAP,

WIC and who did not file 2018 or 2019 Federal Taxes 3. Neighbor who filed 2018 or 2019 Federal Taxes but is not on SSI or SSDI 4. Neighbor who receives Social Security, Veteran’s or Railroad Retirement Benefits

B. Important Conditions Applying to All Common Scenarios

EIPs are not income and not counted as a “resource” in determining benefit levels for other programs like Section 8 subsidized housing, DTA Cash Assistance, etc.

EIPs are not taxable EIPs require a Social Security Number Undocumented individuals are not eligible for an EIP EIPs will be offset by child support obligations EIPs, once deposited in a Neighbor’s bank account, are subject to garnishment by debtors

C. General Information & Valuable Links to Websites with Excellent, More Detailed Resources

A. Four Scenarios Commonly Encountered

1. If you are assisting Neighbors on Supplemental Security Income (SSI) or Social Security Disability Income (SSDI), make sure the Neighbors know:

They will receive a $1,200 Economic Impact Payment (EIP). They do not need to do anything to secure that EIP. The Payment will arrive

automatically via the normal method used for their receipt of their regular monthly SSI or SSDI benefit – by paper check, or by electronic transfer.

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IMPORTANT: If the SSI or SSDI Neighbor Recipient has children under age 17, to

receive the $500 per child Economic Impact Payment, the Neighbor Recipient must take action as soon as possible.1 The Neighbor must file relevant information about the children with the Treasury Department at this Website: http://www.irs.gov/coronavirus/non-filers-enter-payment-info-here/.

2. If you are assisting Neighbors who are neither on SSI nor SSDI and who are NOT required to file Federal taxes because their income is too low or non-existent, make sure the Neighbors know the following. These Neighbors may be on a variety of assistance programs, for example: one of the Department of Transitional Assistance (DTA)’s Cash Assistance programs (sometimes also known as welfare or referred to as TANF – Temporary Aid to Needy Families); Supplemental Nutritional Assistance Program (SNAP); Women, Infant and Children’s Nutritional Programs (WIC), etc.

They will receive a $1,200 Economic Impact Payment (EIP).

They can also receive a $500 EIP for every qualifying dependent child under age 17.

They must register with the Treasury Department to receive these payments.

Otherwise, the IRS will not know where to send the payments or have the necessary information to determine the amount of the payments. Prior to registering, the Neighbor should have bank account information available, or establish a bank account. The Neighbor should register at this Website: https://www.irs.gov/coronavirus/non-filers-enter-payment-info-here. If bank account information is not provided at this Website, the IRS will send the EIP to the address provided by the Neighbor at the Website.

If a Neighbor does not register at the Website, it appears the Neighbor will still receive

the Economic Impact Payments by paper check, but it is unclear when that will occur or how the IRS will know where to send the check or how to calculate the correct amount. Neighbors therefore are strongly advised to register at the Website, with or without bank account information: https://www.irs.gov/coronavirus/non-filers-enter-payment-info-here.

1 If Neighbors on SSDI or Social Security have not provided information about their dependent children by April 22, 2020, the $500 EIP per child will be made as part of the Neighbor’s 2020 Tax Return filing in 2021. By contrast, for a Neighbor receiving SSI or Veteran’s Retirement benefits, the deadline date for filing information about dependent children via the IRS Web Portal Site has not yet been determined. Immediate filing of that information is therefore strongly encouraged to assure receipt of the children’s EIP in 2020.

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3. If you are assisting Neighbors who are neither on SSI or SSDI but who HAVE filed either 2018 or 2019 Federal taxes, make sure the Neighbors know the following. These Neighbors may also be on various assistance programs: TDA Cash Assistance Programs/TANF, SNAP, WIC, etc.

They will receive a $1,200 Economic Impact Payment (EIP), subject to certain potential

income limitations. They can also receive a $500 EIP for every qualifying dependent child under age 17,

again subject to certain potential income limitations. If a Neighbor has provided the IRS with bank account information as part of filing the

Neighbor’s Federal taxes (for paying taxes due or to receive a refund), then the Neighbor does not need to do anything else. The EIP payments will be automatically deposited in the Neighbor’s account.

If, however, the Neighbor’s bank account information is not on file with the IRS

(or needs to be updated because it has changed since the Neighbor’s last communication with the IRS), then the Neighbor should provide that information to the IRS at the following Website if the Neighbor wishes to receive the EIP as soon possible: https://www.irs.gov/coronavirus/non-filers-enter-payment-info-here.

If the Neighbor does not have bank account information available to the IRS, the Neighbor will receive the payment by paper check at a later date, which perhaps might be not until June or even later.

4. If you are assisting Neighbors who are on Social Security Retirement, Veteran’s, or Railroad

Retirement benefits, make sure the Neighbors know:

They will receive a $1,200 Economic Impact Payment (EIP). They do not need to do anything to secure that EIP. The Payment will arrive

automatically via the normal method use for receipt of the regular monthly Social Security Retirement, Veteran’s or Railroad Retirement benefit – by paper check, or by electronic transfer.

IMPORTANT: If the Neighbor Recipient is responsible for children under age 17 (e.g., grandparent legally responsible for a grandchild), the Neighbor is entitled to the $500 per child Economic Impact Payment. If the Neighbors receives Veteran’s Retirement benefits, they must take action as soon as possible to file relevant information about the children with the Treasury Department at this Website: http://www.irs.gov/coronavirus/non-filers-enter-payment-info-here/.

Otherwise, receipt of the child’s EIP may be delayed to 2021, as is the case for Neighbors receiving Social Security Retirement benefits or SSDI who have not filed the needed information about children by April 22, 2020. See Footnote 1 for more information.

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B. Important Notes to All of the Above Scenarios

These Economic Impact Payments are not considered income and are not counted as a resource for 12 months. This means the Payments will not function to increase the amount of rent a Neighbor must pay as the Neighbor’s share of a subsidized rental unit (whether Federally subsidized, e.g. Section 8; or State subsidized). It will also not count as income against any other public benefit (SNAP, DTA Cash Assistance/TANF, Medicaid, etc.) or be used in a “public charge” test for citizenship. The EIPs are considered tax refunds.

Though not to be counted in any way to diminish a public benefit, the Neighbor does have to report the EIP cash payment to the welfare office. But, the welfare office will not count the cash payment as income and the payments are excluded as counting toward the Neighbor’s resources for 12 months. After 12 months, the welfare office, the Social Security Administration or another public benefit program administrator (e.g., subsidized housing) will count whatever is left of the Neighbor’s cash payment as a resource.

Neighbors will not be required to pay income taxes on Economic Impact payments. These

payments are not considered income.

To receive an EIP, each individual – husband, wife, partner, each child – must have Social Security Numbers. Individual Taxpayer Identification Numbers (ITIN) do not count. CRITICAL NOTE: If Federal taxes were filed jointly and one spouse had an ITIN and the other had an SSN, the family is not eligible for any Economic Impact Payment. If spouses file taxes separately, then the spouse with the SSN qualifies for a $1,200 payment and the $500 EIPs for the dependent children. There is one exception to this rule: if either spouse is a member of the U.S. Armed Forces at any time during the taxable year, only one spouse needs to have a valid SSN.

Undocumented individuals are not eligible for an Economic Impact Payment. If an

undocumented person is living in a household, that individual may disqualify the entire household from receiving a payment. NOTE: This only applies to undocumented individuals. It does not apply to Lawful Permanent Residents who are eligible for EIP payments, such as: “green card” holders; those in the Deferred Action for Childhood Arrivals (DACA); those in Temporary Protected Status (TPS) Programs.

Economic Impact Payments will be offset by child support payments. If that happens, a notice will be provided by the Federal Government.

Under the Federal CARES Act, Economic Impact Payments are not protected from garnishment

(for outstanding debt, loans, etc.) through the Neighbor’s bank account if that is where the payment funds are deposited. However, the Massachusetts Attorney General has issued an Emergency Regulation (90 CMR 35:00) which essentially prohibits such a garnishment, subject to some limited exceptions. The prohibition lasts until the MA State of Emergency ends. This extends to action to repossess a vehicle, to initiate or threat to file a new collection lawsuit, to initiate threatening communications of any kind regarding debts, or to visit a debtor’s home or place of employment for purposes of collection.

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C. General Information and Links to More Detailed Information

For the vast majority of Neighbors who Vincentians typically help, their Economic Impact Payments will likely not be reduced in any way. Reductions only begin to occur when these threshold levels in adjusted gross income are reached:

$198,000 for taxpayers filing a joint return $136,500 for taxpayers filing as head of household $99,000 for all others

Each of these threshold amounts increases by $10,000 for each additional qualifying child. For instance, with one child the threshold increases to $208,000 for joint return filers.

IRS General Overview of Economic Impact Payment Program (with links to other sites)

IRS Economic Impact Payment Information Center with informative Frequently Answered Questions section

How to Use the Tools (on IRS Website) to Get the Economic Impact Payment - excellent easy to read chart on difference scenarios

The IRS link to the Web Portal page to provide: your bank account information for electronic deposit, or information about where the IRS should send the Neighbor’s paper check if the

Neighbor does not have a bank account and/or is not otherwise known to the IRS (i.e., has not filed Federal taxes in 2018 or 2019)

is: Non-Filers: Enter Payment Info Here

More specifically, the IRS advises the above Web Portal page should be used for these individuals:

U.S. citizen or permanent resident; and Had gross income that did not exceed $12,200 ($24,400 for married couples) for 2019;

and Did not file a return for 2018 or 2019 and was not otherwise required to file a Federal

income tax return for 2019.

This Web page (https://www.irs.gov/newsroom/non-filers-enter-payment-info-here-tool-scenarios) provides seven (7) sample scenarios with more detail about when to use the “Enter Payment Info” Web portal.

Supplemental, reliable information can be obtained from these non-governmental sources:

Excellent advice in a “Q & A” format from Community Legal Services of Philadelphia: Economic Stimulus Payments: Philadelphia Legal Services - Your Questions Answered.

Similar but less detailed information is also available from Vermont Legal Aid and Legal Services Vermont: https://vtlawhelp.org/coronavirus-economic-impact-stimulus-payments

“Ten (10) Things to Know About the Economic Impact Rebate Payments” for low-income people from The Center for Law and Social Policy (CLASP) is a useful quick list of important items. CLASP is a national, nonpartisan, nonprofit organization advancing policy solutions for low-income people.

Society of St. Vincent de Paul District Council of Attleboro

Practical Guidance for Vincentians: Unemployment Assistance Arising from COVID-19 Circumstances

Last Revised: April 27, 2020

Neighbors whose current need for assistance is linked in any way, direct or remote, to loss of income from COVID-19 fallout should be strongly encouraged to apply for Unemployment Insurance through the Massachusetts Department of Unemployment Assistance. The Web Portal to process such claims is now open (see page 5 for hyperlinks), though Neighbors trying to access it will almost certainly need to be persistent because of the overwhelming number of such claims being filed. In counseling Neighbors, these seven (7) things are critical: 1. Those who previously were not eligible for unemployment assistance due to the nature of their income-

producing work – namely, those who are independent contractors, individual entrepreneurs such as a small business owners, “gig” economy workers, free-lancers, etc. – are now likely eligible and entitled to benefits. This is true even if such individuals have had only reductions in their normal earnings. This is the first such departure from past practice. Past rejections because an individual did not receive a regular paycheck from a company or business no longer matter.

2. Even those working part-time or whose hours have been reduced due to COVID-19 ramifications should apply for Unemployment Insurance.

3. Unemployment assistance is available in certain circumstances even if the Neighbor has never worked! Details below.

4. Delays in being able to file immediately due to the inability to access the Massachusetts Department of Unemployment Assistance website will not reduce the benefit. Once a claim is approved, benefits are retroactive to the date when the loss of income due to COVID-19 related conditions started.

5. Government decisions about eligibility for pandemic related unemployment insurance benefits will be construed liberally in favor of the claimant. Later in this Advisory the qualifying reasons are listed. They are broad. A Neighbor in need should refrain from applying only if the Neighbor is very certain that the loss of income cannot be tied to COVID-19. If there is any doubt, APPLY.

6. Benefits are substantial, even for an independent contractor or a gig worker. The minimum weekly benefit for the period between the last week of April and the last week of July is $600, or $2,400 a month, even for a Neighbor who may be still be working but on a reduced basis. This applies to both regular employees and those not previously eligible for unemployment insurance like gig workers or independent contractors.

7. It is distinctly possible, if not likely, that Neighbors receiving unemployment assistance due to COVID-19 will receive significantly more money for a period of time than they did while working. This is intentional and intended not only to help the vulnerable, but to keep the economy stable. However, Vincentian Neighbors counseling and mentoring Neighbors in need should caution against treating this significant new source of income as a “windfall.” It should be used to continue to pay monthly rent, for instance, even though evictions cannot occur. Otherwise, “balloon” payments of accumulated missed rent payments will be due when the State of Emergency Order ends. These special, time-limited unemployment insurance benefits should also be used to meet other basic expenses or critical needs. Neighbors in need should be encouraged to budget the special $600 weekly payment (or $10,200 maximum for 17 weeks).

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Helping a Neighbor Understand Benefit Amounts

There are two main parts: Amount and Duration. Duration is easy – benefits, except for the $600 weekly supplement, are available for 39 weeks. Amount The amount will be determined in one of two basic ways, plus a Supplement in both cases: Case A: This is the traditional, customary route for Massachusetts Unemployment Insurance assistance.

If the Neighbor’s unemployment arises out of work situation in which the Neighbor is an “employee” in the traditional, classic sense (i.e., receives a paycheck from the employer from which taxes are deducted; receives a W-2 from his employer, not a 1099, at year’s end), then the benefit level will be based on the existing State unemployment formula.

Generally, that formula provides unemployment assistance at 50% of the Neighbor’s average weekly wage over a base period. The current Massachusetts maximum benefit is $823 per week. In addition, there is a $25 weekly benefit for each dependent child,1 subject to certain limitations. There is no benefit allowance for a spouse. The average benefit level in 2019 was about $555 a week.

Case B: This is the new program specially authorized by the Federal CARES Act. It applies to Neighbors in need who 1) are/were “gig” economy workers, independent contractors, free-lancers, a small business owner, etc.; or 2) who are not eligible for benefits under Case A above because of certain special conditions applicable to their circumstances (e.g., insufficient work history and earnings, laid off from churches and religious organizations).

In Case B, because there is not a readily available history of earnings for the Neighbor, the initial benefit, to be adjusted later, will be the minimum benefit provided under the CARES Act, which is 50% of the average state weekly benefit rate. That should mean the benefit will be about $275 (50% of $555) per week. Once past earnings are verified, an adjustment will occur, retroactive to the date when the COVID-19 unemployment commenced, but no earlier than February 8, 2020.2 To derive the adjusted benefit level, earnings will be established using 1099s, tax returns, bank receipts, etc.

The Case B scenario is the new CARES Act funded Pandemic Unemployment Assistance (PUA) Program.

SUPPLEMENT: In addition, Neighbors receiving benefits under either Case A or Case B situations will receive $600 a week. There is no reduction in the $600 even if Neighbor was working part-time, seasonally, or has only had work hours reduced.

1 The Massachusetts Legislature is considering increasing this amount to $40 per dependent child. 2 Initially, the system has the capacity only to pay benefits retroactively to the week ending March 14, 2020, but a subsequent adjustment to an earlier date, if applicable, will occur.

A Neighbor with a pending application under Case A should not apply Case B benefits. If denied for Case A benefits, then apply for Case B coverage.

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However, this $600 weekly payment continues only until the week ending July 25th. It starts when the Neighbor lost income due to COVID-19, but no earlier than March 29, 2020. Therefore, the maximum number of weeks for this benefit is seventeen (17), and the maximum benefit is $10,200 (17 x $600). If both a husband and wife lost their jobs because of COVID-19, each are entitled to the $600 per week, so the benefit amount could be doubled.

This 17 week (maximum) supplemental payment is called Federal Pandemic Unemployment Compensation (FPUC).

Duration

Under either Case A3 or Case B, the benefit assistance period can last up to 39 weeks.

Though no other “extended period” unemployment benefits are presently available, the Massachusetts Department of Unemployment Assistance website notes that an additional extension might be authorized in the future. In past times of prolonged high unemployment, an extra 13 weeks of benefits has been granted.

Eligibility for COVID-19 Unemployment Insurance

To establish that the reason Neighbors are unable to work or have had their hours/earnings reduced is due to COVID-19, they will be able to “self-certify.” The “self-certification” establishes that the Neighbor in need is available to work but is prevented from doing so by one of the following COVID-19 related circumstances, which are quite broad:

The individual has been diagnosed with COVID-19 or is experiencing symptoms of COVID-19 and is seeking a diagnosis; or

A member of the individual’s household has been diagnosed with COVID-19; or

The individual is providing care to a household or family member who has been diagnosed with COVID-19; or

A child or other person for whom the individual has primary caregiving responsibility is unable to attend school or another facility as a result of COVID-19; or

The individual is unable to reach the place of employment because of a quarantine imposed as a result of the COVID-19 public health emergency; or

The individual is unable to reach the place of employment because the individual has been advised by a health care provider to self-quarantine; or

The individual was scheduled to start work and does not have a job or cannot reach the job as a result of COVID-19; or

The individual has become the breadwinner or major support for a household because the head of the household has died as a direct result of COVID-19; or

The individual must quit their job as a direct result of COVID-19; or

The individual’s place of employment is closed because of COVID-19; or

The individual works as an independent contractor and the COVID-19 public health emergency has severely limited his or her ability to continue performing his or her usual work activities and has thereby forced the individual to stop performing those activities.

3Technically, the way the new CARES Act works, in the CASE A situation, the law provides through a third prong program called the Pandemic Emergency Unemployment Compensation (PEUC) an additional 13 weeks of coverage on top of the 26 weeks covered by traditional state Unemployment Insurance.

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Telework and Paid Leave Neighbors able to “telework” with pay and Neighbors receiving paid sick or other leave will not qualify for assistance. Neighbors receiving paid sick leave or other paid leave benefits for less than their customary work week, however, may still be eligible for assistance.

Eligibility for Neighbor Who Has Never Worked Under the Case B scenario (Pandemic Unemployment Assistance), Neighbors may be eligible for assistance if they have never worked under these special circumstances:

Had been scheduled to commence employment, but does not have a job or is unable to reach the job as a direct result of the COVID-19 public health emergency; or

Job offer was rescinded because of COVID-19; or

Has become the breadwinner or major supporter for a household because the head of the household has died as a direct result of COVID-19.

Taxable Unemployment Income Unlike the stimulus or Economic Impact Payments under the CARES Act (the $1,200 payments for adults and $500 for qualifying dependent children), all unemployment assistance is taxable and generally will be counted in determining a Neighbor’s eligibility for most means-tested aid programs, such as subsidized housing, Supplemental Nutrition Assistance Program (SNAP), or welfare (cash assistance via the Department of Transitional Assistance). For Medicaid and Children’s Health Insurance Program (CHIP) assistance, the $600 weekly payments are excluded from the means-test. That means, for instance, that Neighbors in need living in subsidized housing units where the rent is capped at a percent of income, typically about 30% of income (e.g., Section 8, public housing projects, etc.), will likely experience a temporary increase in their share. Or they may experience a temporary decrease in the amount of cash assistance or SNAP benefit. This will be likely to occur during the period when Neighbors are receiving the $600 a week in supplemental unemployment assistance (the FPUC payments).

Looking for Work during COVID-19 To maintain special COVID-19 unemployment assistance benefits, the Neighbor must, as is typical for customary unemployment insurance benefits, be available for work and be actively seeking such work, though benefit administrators will apply flexibility considering such factors as COVID-19 illness, quarantine or movement restriction.

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Resources for Further Information Information for this Advisory was culled from various sources, primarily the Massachusetts Department of Unemployment Assistance, considered to be reliable. However, it is not legal advice and should be presented as a Vincentian Neighbor helping a Neighbor in need. Below are valuable resources with embedded hyperlinks for more detailed information. The “Case A” Situation – Traditional Massachusetts Unemployment Insurance

The “Case B” Situation – Pandemic Unemployment Assistance including the link to the Application Process

The $600 Weekly Supplemental Benefit known as Federal Pandemic Unemployment Compensation

The 13 Week Extension Bringing the Total Maximum Benefit Period to 39 Weeks – the Pandemic Emergency Unemployment Compensation (PEUC)

Frequently Asked Questions – Massachusetts Department of Unemployment Assistance

Flow Chart Showing How to Access COVID-19 Unemployment Benefits (from MA Department of Unemployment Assistance) – see following page.

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