REGULATIONS OF THE INDUSTRIAL COMMISSIONER
PART 473 - BENEFITS AND CLAIMS
(Statutory authority: Labor Law § 20 and 530; Article 18)
REPEAL OF PART 473 AND ADDITION OF NEW PART 473
- Section 473.1
- Filing of benefit claim
- Section 473.2
- Certifying by benefit claimants
- Section 473.3
- Reporting by benefit claimants
- Section 473.4
- Interstate benefit claims
(a) Definitions. The following words and phrases when used in this part shall have the meanings given them in this section:
(1) "Subsequent claim" means a claim during the benefit year which is filed if the claim has lapsed because of intervention of any week in which no effective days were accrued, or in which the claimant failed to report, or in which claimant was not eligible for benefits, or for other reasons.
(i.) "Additional claim" means a subsequent claim in which the lapse was due to employment.
(ii.) "Reopened claim" means a subsequent claim in which the lapse was for reasons other than employment.
(2) "Benefit period" means the number of statutory week(s) for which the claimant is certifying. In the event the claimant is certifying to two consecutive weeks, all requirements regarding timeliness of the certification will be measured from the latter of the two weeks being claimed.
(3) "electronic certification" means a certification utilizing the interactive capabilities of a telephone or other such electronic network.
(b) A claimant shall file an original claim and register for employment on any day from Monday through Friday. Any claim filed in accordance with this section shall be deemed filed as of the first day of the claimant’s unemployment in the statutory week in which filed, excluding, however, any prior day on which a disqualifying condition would have existed if the claimant had actually filed on such day.
(c) (1) A claimant shall file a subsequent claim during the seven day period assigned in accordance with section 473.2 of the Part, following the statutory week for which the claimant seeks benefits. A subsequent claim shall be deemed filed as of the first day of the claimant’s unemployment in the statutory week being claimed, excluding, however, any prior day on which a disqualifying condition would have existed if the claimant had actually filed on such day.
(2) In the event of the filing of an additional claim, in which employment ended for reasons other than lack of work, benefits shall be withheld until the claimant has provided the Department of Labor with the employer(s) name, address, last day worked and reason for separation from employment. If eligibility is established after resolution of all issues, such benefits will be released.
(3) In the event of the filing of an additional claim in which separation from employment was due to lack of work, benefits may be released while waiting for the claimant to provide the name and address of all employers for whom the claimant worked.
(4) In the event of the filing of a reopened claim, benefits may be released while waiting for the claimant to provide the reason for the lapse in the claim, if requested.
(5) If a claimant has not supplied the information requested in section 473.1(c) within fourteen days of the date it was requested, the subsequent claim may be deemed void.
(d) Notwithstanding any provisions of this section, the commissioner may permit or instruct individuals engaged in specified industries or occupations, or unemployed under specified circumstances, to file their claim in a manner other than described in section 473.1 (b) of this Part. If such permission or instruction is given, the crediting of any days falling in any week before the filing of a claim as days of total unemployment shall be subject to the conditions established by the commissioner.
(e) An original or subsequent claim for benefits shall be filed by the claimant by telephone, unless permission or instruction is given to file by mail, or in person or by other means the commissioner deems appropriate.
(f) Each claimant shall furnish his/her social security account number as a condition of eligibility for benefits. A claimant shall also furnish upon request by the Department of Labor, all notices received upon separation in accordance with Section 472.8 of this Part, together with any other available information serving to identify the names, addresses, period of employment with, and remuneration paid by each employer in the 18 months preceding the filing of such claim.
(g) The failure to file a claim in compliance with this section may be excused by the commissioner upon proper presentation by the claimant of the facts and circumstances if it is shown to the commissioner’s satisfaction that they constitute good cause.
(a) Each claimant shall certify to his/her unemployment during the seven-day period for such certification as specified by the commissioner, following a statutory week in which the claimant experienced more than three days of total unemployment and has not earned more than the amount set forth in Section 523 of the Unemployment Insurance Law and at such other times as the commissioner may direct.
(b) Such certifications shall be made by electronic certification unless permission or instructions are given to certify by mail or in person or by other means the commissioner deems appropriate.
(c) A claimant who fails to certify for a benefit period within the seven-day period for such certification shall not be eligible for that benefit period and claimant shall not be eligible for future benefit periods until the claimant files a subsequent claim in accordance with section 473.1 of this Part.
(d) A claimant shall notify the department when certifying for unemployment insurance of any change of address and/or telephone number not later than the next time certification is required after the change has occurred.
(e) The failure to certify in compliance with this section may be excused by the commissioner upon proper presentation by the claimant of the facts and circumstances if it is shown to the commissioner’s satisfaction that they constitute good cause.
(a) A claimant may be directed by the Department of Labor to report to the office where the claim is on file, or to any other office maintained by this Department, or appropriate provider of reemployment services in the area where the claimant resides, for any action in connection with his or her claim or benefit or registration for employment.
(b) A claimant who has been directed to report in accordance with subsection (a) of this section shall report to that office on the days and hours specified. The claimant shall present identification each time he or she reports.
(c) A claimant shall comply with a request for information in such manner as required by the commissioner.
(d) A claimant may not receive credit for any period of unemployment from the day on which a failure to report occurred until he or she reports to that office and complies with such reporting requirements.
(e) A claimant who reports in accordance with section 473.3 shall also continue to certify in accordance with Section 473.2.
(f) The failure to report to an office in compliance with this regulation may be excused by the commissioner upon proper presentation by the claimant of the facts and circumstances, if it is shown to the commissioner’s satisfaction that they constitute good cause.
(a) A claimant who, pursuant to the provisions of the interstate benefit payment plan, files a claim in New York State for benefits payable under the unemployment compensation law of another state shall comply, in the matter of registration and reporting, with Section 473.1, 473.2 and 473.3 of this Part and with such other requirements as may be established for this purpose.
(b) A claimant who, pursuant to the provisions of the interstate benefit payment plan, files in another state a claim for benefits payable under the New York State Unemployment Insurance Law shall comply with regulations and other requirements concerning registration and reporting established by such other state for this purpose.
(c) A benefit claim filed pursuant to subdivision (b) of this section shall not be valid until a claimant who is qualified for benefits under the law of any state against which claimant has previously elected to file a claim exhausts or otherwise terminates claimant’s benefit rights under such election.
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