New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter VII - Division Of Unemployment Insurance
Subchapter B - Unemployment Insurance
Article 2 - Rules of the Industrial Commissioner
Part 482 - Approval Of Career And Related Training Pursuant To Section 599 Of The Labor Law
Section 482.6 - Determining the availability of funds and payment of additional benefits

Current through Register Vol. 46, No. 12, March 20, 2024

(a) At the beginning of each program year, to the extent funds are available, the commissioner will establish the priority for the payment of committed funds as follows:

(1) the accrued obligations from the prior program year for individuals who were previously approved for additional benefits and who remain eligible to receive additional benefits;

(2) the amounts needed to pay prospective additional benefits to otherwise eligible individuals who were previously not paid additional benefits because funds were not available; and

(3) the amounts needed to pay new claimants who are otherwise eligible for additional benefits.

(b) The commissioner will determine the availability of funds on an ongoing basis by subtracting actual expenditures and committed funds from the amount of money allocated by the Legislature to pay additional benefits in the program year.

(1) When the sum of actual expenditures and committed funds equal or exceed the amount of money allocated by the Legislature for any program year, new applications for the payment of additional benefits will not be authorized.

(2) At the time that the commissioner determines that additional funds have become available, new applications for payment of additional benefits will be authorized and paid pursuant to subdivision (c) of this section.

(c) In the event an individual is not approved for additional benefits because funds are not available, the individual will have priority to receive additional benefits prospectively pursuant to subdivision (a) of this section if additional funds become available and the individual is still attending the same approved career and related training. Such priority will be determined based on the date that the individual was approved by the commissioner for such career and related training. Prospective benefit payments will commence as of the date that the commissioner determines that funds are available and the individual is eligible to receive additional benefits.

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