Article 3. Disqualifications of California Unemployment Insurance Code >> Division 1. >> Part 2. >> Chapter 2. >> Article 3.
(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
(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.
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.
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.
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.
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.
(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.
(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
(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.