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This entry was published on 2022-04-15
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SECTION 596
Claim filing, registration, and reporting
Labor (LAB) CHAPTER 31, ARTICLE 18, TITLE 7
§ 596. Claim filing, registration, and reporting. * 1. Claim filing
and certification to unemployment. A claimant shall file a claim for
benefits at the local state employment office serving the area in which
he was last employed or in which he resides within such time and in such
manner as the commissioner shall prescribe. He shall disclose whether he
owes child support obligations, as hereafter defined. If a claimant
making such disclosure is eligible for benefits, the commissioner shall
notify the state or local child support enforcement agency, as hereafter
defined, that the claimant is eligible.

A claimant shall correctly report any days of employment and any
compensation he received for such employment, including employments not
subject to this article, and the days on which he was totally unemployed
and shall make such reports in accordance with such regulations as the
commissioner shall prescribe.

* NB Effective until April 1, 2023 or 30 days after the commissioner
of labor certifies that the department of labor has an information
technology system capable of accommodating the amendments in chapter 277
of 2021, whichever occurs earlier

* 1. Claim filing and certification to unemployment. A claimant shall
file a claim for benefits in such manner as the commissioner shall
prescribe. The claimant shall disclose whether he or she owes child
support obligations, as hereafter defined. If a claimant making such
disclosure is eligible for benefits, the commissioner shall notify the
state or local child support enforcement agency, as hereafter defined,
that the claimant is eligible.

A claimant shall correctly report any weeks of employment and any
compensation received for such employment, including employment not
subject to this article, and the weeks during which he or she was
totally unemployed or partially unemployed and shall make such reports
in accordance with such regulations as the commissioner shall prescribe.

* NB Effective April 1, 2023 or 30 days after the commissioner of
labor certifies that the department of labor has an information
technology system capable of accommodating the amendments in chapter 277
of 2021, whichever occurs earlier

2. Child support obligations. (a) The term "child support obligations"
means obligations enforced pursuant to an approved plan under section
four hundred fifty-four of the federal social security act. The term
"state or local child support enforcement agency" means any agency of
the state or a political subdivision thereof operating pursuant to such
a plan.

(b) Notwithstanding the provisions of section five hundred ninety-five
of this article, the commissioner shall deduct and withhold child
support obligations from benefits payable to a claimant (including
amounts payable by the commissioner pursuant to an agreement under any
federal law providing for compensation, assistance, or allowances with
respect to unemployment) in the amount specified by the claimant, the
amount determined pursuant to an agreement between the claimant and the
state or local child support enforcement agency submitted to the
commissioner, or the amount required to be deducted and withheld through
legal process, whichever amount is the greatest. Such amount shall be
paid to the appropriate state or local child support enforcement agency,
and shall be treated for all purposes as if paid to the claimant as
benefits and paid by the claimant to such agency in satisfaction of the
claimant's child support obligations. Each such agency shall reimburse
the commissioner for the administrative costs attributable to child
support obligations being enforced by the commissioner.

3. Uncollected overissuance of food stamps. (a) The term "uncollected
overissuance of food stamps" has the meaning prescribed in section
thirteen (c)(1) of the federal food stamp act of 1977. The term
"appropriate state food stamp agency" means any agency of the state or a
political subdivision thereof enforcing the collection of such
overissuance.

(b) Notwithstanding the provisions of section five hundred ninety-five
of this article, the commissioner shall deduct and withhold uncollected
over issuances of food stamps from benefits payable to a claimant
pursuant to section thirteen (c)(3) of the federal food stamp act of
1977; provided, however, that no agreement pursuant to this section
shall reduce benefits by an amount in excess of the greater of ten
percent of the weekly benefit amount or ten dollars, unless claimant
specifically requests, in writing, to reduce benefits by a greater
amount. Any amount deducted and withheld under this subdivision shall be
paid to the appropriate state food stamp agency, and shall be treated
for all purposes as if paid to the claimant as benefits and as if paid
by the claimant to such agency in satisfaction of claimant's over
issuance of food stamps coupons. To the extent permitted by federal law,
the procedures for correcting overpayments shall be designed to minimize
adverse impact on the claimant, and to the extent possible, avoid undue
hardship.

(c) Each such agency shall reimburse the commissioner for the
administrative costs incurred under this subdivision in a manner
consistent with a memorandum of understanding as approved by the
director of the division of the budget. Such reimbursement shall be
consistent with federal law and regulations.

* 4. Registration and reporting for work. A claimant shall register as
totally unemployed at a local state employment office serving the area
in which he was last employed or in which he resides in accordance with
such regulations as the commissioner shall prescribe. After so
registering, such claimant shall report for work at the same local state
employment office or otherwise give notice of the continuance of his
unemployment as often and in such manner as the commissioner shall
prescribe.

* NB Effective until April 1, 2023 or 30 days after the commissioner
of labor certifies that the department of labor has an information
technology system capable of accommodating the amendments in chapter 277
of 2021, whichever occurs earlier

* 4. Registration and reporting for work. A claimant shall register as
totally unemployed or partially unemployed with the department in
accordance with such regulations as the commissioner shall prescribe.
After so registering, such claimant shall report for work at the same
local state employment office or otherwise give notice of continued
total or partial unemployment as often and in such manner as the
commissioner shall prescribe.

* NB Effective April 1, 2023 or 30 days after the commissioner of
labor certifies that the department of labor has an information
technology system capable of accommodating the amendments in chapter 277
of 2021, whichever occurs earlier

5. Part time work. Notwithstanding any other provisions of this
article, a claimant who for reasons personal to himself or herself is
unable or unwilling to work full time and who customarily worked less
than the full time prevailing in his or her place of employment for a
majority of the weeks worked during the applicable base period, shall
not be denied unemployment insurance solely because the claimant is only
seeking part time work. For purposes of this subdivision, "seeking part
time work" shall mean the claimant is willing to work for a number of
hours per week that are comparable to the claimant's part time work
during the majority of time in the base period.

6. An individual filing a new claim for unemployment benefits shall,
at the time of filing such claim, be advised that:

(a)(1) Unemployment benefits are subject to federal, state and local
income tax;

(2) Requirements exist pertaining to estimated tax payments;

(3) The individual may elect to have federal and/or state income tax
deducted and withheld from the individual's payment of unemployment
benefits at the amount specified under the federal internal revenue code
(26 U.S.C.A. 3402(p)(2)) and/or the state income tax withholding tax
schedules as specified under the tax law and relevant regulations; and

(4) The individual shall be permitted to change a previously elected
withholding status.

(b) Notwithstanding the provisions of section five hundred ninety-five
of this article, the commissioner shall deduct and withhold federal
and/or state income tax from benefits payable to an individual if such
individual elects such withholding. Amounts deducted and withheld from
unemployment benefits shall remain in the unemployment trust fund until
transferred to the appropriate taxing authority as a payment of income
tax.

(c) The commissioner shall follow all procedures specified by the
United States department of labor, the federal internal revenue service,
the state department of labor and the state department of taxation and
finance pertaining to the deducting and withholding of income tax
authorized under this subdivision.

(d) Amounts shall be deducted and withheld under this subdivision only
after amounts are deducted and withheld for any overpayment of
unemployment benefits, child support obligations, food stamp over
issuances or any other amounts required to be deducted and withheld
under this article.

7. Notwithstanding the provisions of section five hundred ninety-five
of this title, the commissioner shall deduct and withhold any
overpayments established under this article or under any state or
federal unemployment compensation program from benefits payable to an
individual. No penalties or interest assessed pursuant to section five
hundred ninety-four of this title may be deducted or withheld from
benefits.