Disqualifications - Disability Benefits - Unemployment Insurance - CA

Section § 2675

If you make a false statement or hide important information to get benefits, you will be disqualified from receiving them. This disqualification starts from the date it is determined and can last from 7 to 35 days you would otherwise qualify for benefits. If you repeatedly do this, the ban could extend up to 56 more days.

If you lose eligibility for benefits during this time, any remaining ban days will apply to future eligibility periods within three years. Changes made to this ruleset apply to decisions made on or after January 1, 1992.

(a) An individual shall be disqualified from receiving benefits under this part if he or she has willfully, for the purpose of obtaining benefits, either made a false statement or representation, with actual knowledge of the falsity thereof, or withheld a material fact in order to obtain any benefits under this part.

(b) An individual disqualified under subdivision (a) under a determination transmitted to him or her by the department, shall be ineligible to receive benefits from the date the disqualifying determination was issued and for not less than seven nor more than 35 subsequent days for which he or she is otherwise eligible for benefits under this part. When successive disqualifications under subdivision (a) occur, the director may extend the period of ineligibility for an additional period not to exceed 56 days.

(c) If all or any of the assessed days of ineligibility cannot be served because the individual is no longer otherwise eligible for benefits under this part, the assessed days of ineligibility shall be applied to any subsequent disability benefit period for which he or she is otherwise eligible for benefits. No disqualification under this subdivision shall be applied, however, to any day of eligibility which falls beyond the three-year period next succeeding the date upon which the determination was mailed or served by the department.

(d) The amendments made to this section by the act adding this subdivision shall apply to disqualifying determinations issued on or after January 1, 1992.

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Section § 2676

If a person is denied unemployment benefits for certain reasons, they're generally also not eligible for disability benefits during the same time. However, they can still receive disability benefits if they prove to the authorities that they're truly sick or injured, or taking family care leave, and there's a strong reason to grant these benefits.

An individual who is disqualified from receiving unemployment compensation benefits under Sections 1256, 1257, 1260, 1261, and 1263 shall be presumed to be ineligible to receive disability benefits under this part for the same period or periods unless he or she establishes to the satisfaction of the director that he or she is suffering a bona fide illness or injury or claiming a period of family care leave and the director finds that there is good cause for paying disability benefits.

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Section § 2677

If someone qualifies for benefits under this part, they won't be barred from receiving them just because they're disqualified from getting unemployment benefits under a specific other section, 1262.

An individual who is otherwise eligible for benefits under this part shall not be disqualified from receiving such benefits because of a disqualification from receiving unemployment compensation benefits under Section 1262.

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Section § 2678

If a person is confined in an institution because they are recognized as having issues with excessive drinking, drug addiction, or being a sexual psychopath, they cannot receive certain benefits while they are there.

An individual shall be disqualified from receiving benefits under this part while he is confined, pursuant to commitment or court order or certification, in an institution or other place, as a dipsomaniac, drug addict or sexual psychopath.

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Section § 2679

This law says that if a person is qualified to receive benefits, they won't lose those benefits for the day that they or a family member they are caring for passes away.

Notwithstanding any other provision of law, an individual who is otherwise eligible shall not be disqualified for benefits under this part for the day on which he or she or a family member, as defined in Chapter 7 (commencing with Section 3300), for whom the individual is providing care, died.

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Section § 2680

If a person is in jail or another facility due to a criminal offense, they can't receive benefits during that time. This law applies to cases that started after January 1, 1994.

(a) An individual shall be ineligible for benefits under this part for any day during which he or she is incarcerated in any federal, state, or municipal penal institution, jail, medical facility, public or private hospital, or in any other place because of a criminal violation of a federal, state, or other municipal law or ordinance. For purposes of this section, “incarceration” includes any time spent in the custody of law enforcement authorities upon adjudication or conviction by a court of competent jurisdiction.

(b) This section shall apply only with respect to periods of incarceration commencing on or after January 1, 1994.

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Section § 2681

If someone gets convicted of a felony and is disabled because of anything related to that crime, they can't receive certain benefits. Even if they plead no contest or guilty, it's still treated like a felony conviction. This rule has been in effect for convictions from January 1, 1994, onward, no matter when the disability or benefits began.

(a) Any individual who commits a crime shall be ineligible for benefits under this part if the individual is disabled due to an illness or injury caused by, or arising out of the commission of, arrest, investigation, or prosecution of any crime that results in a felony conviction.

(b) For purposes of this section, a plea or verdict of guilty, or a felony conviction following a plea of nolo contendere or no contest shall be considered to be a felony conviction under this part, irrespective of whether an order granting probation or suspending the imposition or execution of any sentence is issued.

(c) This section shall apply only with respect to convictions rendered on or after January 1, 1994, regardless of the date the disability commenced, or benefits were paid.

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