N.Y. Comp. Codes R. & Regs. tit. 12 § 473.1

Current through Register Vol. 46, No. 43, October 23, 2024

Section 473.1 - Filing of benefit claim

(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 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 this 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 this subdivision within 14 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 subdivision (b) of this section. 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 Title, 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.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 473.1