09.32.02.09

.09 Claims for Partial Benefits.

A. Definition. A claimant shall be eligible for partial benefits for any week in which the claimant:

(1) Performed services for wages;

(2) Earned less in gross wages than the claimant's weekly benefit amount plus any allowance for a dependent to which the claimant is entitled under the Unemployment Insurance Law; and

(3) Meets all of the requirements set forth in the Unemployment Insurance Law.

B. A claimant who earns gross wages in 1 week equal to or more than the claimant's weekly benefit amount may not file subsequent continued claims for partial benefits, but shall file an initial claim in order to claim subsequent benefits.

C. Reporting Requirements.

(1) A claimant for partial benefits shall comply with each reporting requirement set forth in Regulation .04 of this chapter.

(2) A claimant for partial benefits shall report gross wages during the week in which the claimant performed the services for which the wages were earned.

(3) A claimant for partial benefits shall be able to work, available to work, and actively seeking full-time employment.

(4) The effective date of a claim for partial benefits is as set forth in Regulation .03D(1) of this chapter.

D. Self-Employment. A claimant who is self-employed or regularly employed under conditions when the hours of work are not controlled by the employer, or who is paid on a commission basis, shall be eligible for partial benefits:

(1) When the remuneration is paid;

(2) If remuneration is less than the claimant's weekly benefit amount; and

(3) If the claimant is able and available to accept full-time work, and is actively seeking full-time work.

E. Vacation Pay or Holiday Pay. A claimant shall be considered partially unemployed with respect to any week during which the claimant receives or is eligible to receive vacation pay or holiday pay that is less than the claimant's weekly benefit amount.

F. Method of Calculation.

(1) A claimant eligible for partial benefits shall be paid a benefit amount equal to the claimant's weekly benefit amount, less that part of the wages payable to the claimant in excess of the amount provided by the Unemployment Insurance Law.

(2) The partial benefit amount shall be rounded down to the nearest whole dollar.

(3) Partial benefits are payable until the maximum benefit amount is exhausted for the claimant's benefit year, provided all of the eligibility requirements of the Unemployment Insurance Law are met.

(4) A claimant may receive only 26 weeks of dependents' allowance regardless of the number of weeks the claimant receives partial benefits.