Hurricane Katrina: Legal Issues - Columbus School of Law

What if I am a high school senior and am either interested in attending a college or university affected by the
hurricane or I have already sent information to one of these schools about enrollment?
Some enrollment offices have been moved to other locations.
You will probably need to keep in close and frequent contact with the school you are interested in attending
and work in conjunction with your high school guidance counselor to obtain this information.
Employment Law
Assistance may be available to persons who become unemployed as a result of a disaster through disaster
unemployment assistance (DUA) and/or state unemployment insurance (UI). An affected individual must use state
unemployment benefits before being eligible for disaster benefits, although he or she may apply for both at the same
time. DUA, also referred to as Disaster Relief and Emergency Assistance, is a federal program that provides
temporary financial assistance to individuals unemployed as result of a major disaster declared by the President.
Applications may be made through telephone (numbers listed below by state), but must be filed no later than
November 30, 2005.
Disaster unemployment
What are the basic eligibility requirements for DUA?
There are two major requirements for an individual to qualify for DUA: 1) the individual must be out of work as a
“direct result” of a major disaster; and 2) the individual must not qualify for regular unemployment insurance (UI)
from any state. Once found to be eligible for DUA, workers must actively look for work and accept suitable work
offered them. In addition, the individual must show that for every week he or she is collecting DUA, his or her
unemployment continues to be the direct result of the disaster, not other factors.
How much are DUA benefit payments?
DUA benefits are paid in weekly checks. DUA recipients receive the same weekly benefits that they would have
been entitled to had they qualified for unemployment in the state where they were employed. However, at a
minimum, DUA benefits must be at least one half of the state’s average weekly unemployment benefits (minimum
state amounts listed below). The DUA benefits for part-time workers are pro-rated based on the hours they worked as
a percent of a 40-hour work week. DUA benefits are reduced by any other wage-loss compensation, including private
insurance, Supplemental Unemployment Benefits, worker’s compensation, and a pro-rated amount of a retirement
pension or annuity. The minimum weekly DUA benefits are $90 in Alabama, $113 in Florida, $97 in Louisiana, and
$85.50 in Mississippi.
How long will DUA benefits last?
The maximum time for payment of DUA benefits is 26 weeks. However, payments cannot extend beyond the period
when the disaster officially ends, which is about six months from the date the federal disaster was declared (that is,
late February, in the case of the Hurricane Katrina disaster declared in Alabama, Mississippi, Louisiana and Florida).
In addition, the DUA benefits cannot extend beyond the time when the recipient returns to work or self-employment
or beyond the period when the individual’s unemployment is no longer directly related to the disaster.
Who can collect DUA?
Those who may be eligible for DUA (and typically could not get regular state UI benefits) include: