N.M. Admin. Code § 11.3.300.312

Current through Register Vol. 35, No. 21, November 5, 2024

Section 11.3.300.312 - EXTENDED BENEFIT CLAIMS AND PAYMENT

A. APPLICATION OF OTHER RULES: The pertinent provisions of the law and rules that apply to regular claimants apply also to claimants for extended claims insofar as such rules pertaining to regular claimants are not inconsistent with the provisions of this rule.

B. FILING CLAIMS: Unless otherwise prescribed, a claimant who has received all of the regular benefits that were available to the claimant under the Unemployment Compensation Law or any other state law and is an "exhaustee" as defined in Subsection H of Section 51-1-48 NMSA 1978, may apply for extended benefits by filing an extended benefits claim via internet or by contacting the department. The claim shall become effective as of the Sunday of the week in which filed, provided that the claim may be back-dated to the Sunday of the week immediately following the week which exhausted benefit eligibility if the failure to file is determined to be with good cause.

C. CLAIM DETERMINATION AND NOTICE: Upon receipt of a claim for extended benefits the department will issue a determination on the eligibility for extended benefits and transmit a notice thereof to the claimant. The determination may be appealed in the manner prescribed for regular benefit determination appeals.

D. CONTINUED CLAIMS: Any claimant, in order to claim weekly-extended benefits, shall file the continued claim as directed by the department.

E. RELIEF FROM CERTAIN ELIGIBILITY REQUIREMENTS: A claimant who claims extended benefits will not be required to:

(1) be unemployed for a waiting-period of one week; or

(2) perform services in employment as designated in Subsection B of Section 51-1-5 NMSA 1978, before extended benefits are paid.

F. REQUIREMENT FOR ADDITIONAL INITIAL CLAIMS: A claimant whose benefit year expires within an extended benefit period must file an initial claim for regular benefits at the end of that current benefit year and, if a new benefit year is not established, at the beginning of each calendar quarter during the period to determine if the claimant has sufficient wage credits in covered employment to establish a new regular claim.

N.M. Admin. Code § 11.3.300.312

7-15-98; 11.3.300.312 NMAC - Rn & A, 11 NMAC 3.300.312, 01-01-2003; A, 7-1-2003; A, 11-15-2012, Adopted by New Mexico Register, Volume XXIX, Issue 20, October 30, 2018, eff. 11/1/2018